Jindal India Thermal Power Limited

REQUEST FOR PROPOSAL FOR DESIGN, ENGINEERING, SUPPLY, ERECTION TESTING & COMMISSIONING OF TRANSMISSION LINE(400 KV)
FOR EVACUATION OF POWER FROM 2X600 MW COAL BASED POWER PLANT AT DERANG, ANGUL, ORISSA
VOLUME I
Jindal India Thermal Power Limited

Plot No. 12, Sector B-1, Local Shopping Complex, Vasant Kunj, New Delhi 110 070, Telephone No. (011) 26139256-65 Fax No. (011) 26121734
Volume I
EPC Contract for JITPL REQUEST FOR PROPOSAL (RFP) for EPC of 400 kV Double Circuit Transmission line From Derang To Angul
Date: 20th April, 2009

This Bid document containing Request for Proposal (RFP) along with the sample formats and
annexure as per index is issued to M/s. ______________________________________________________________________ __________________________________________________________________________ Notes / Disclaimer: 1. This document is not transferable. 2. Though adequate care has been taken while preparing and issuing the RFP, the Bidder should satisfy himself that the document is complete in all respects. Intimation of any discrepancy shall be given to this office immediately. If no intimation is received by this office, from any Bidder within ten (10) days from the date of issue of this document, it shall be considered that the issued document, complete in all respects, has been received by the Bidder. The time period can be extended only if the cause of delay falls under the clause Force Majeure. Neither JITPL, nor its employees, consultants, advisors accept any liability or responsibility for the accuracy or completeness of, nor make any representation or warranty, express, or implied, with respect to the information contained in the RFP, or on which the RFP is based, or any other information or representations supplied or made in connection with the Selection Process. No person has been authorized by JITPL to give any information or to make any representation not contained in the RFP. Nothing in the RFP should be relied on, as a promise or representation as to the future. JITPL or its authorized officers reserve the right, without prior notice, to change the procedure for the identification of the Selected Bidder or terminate discussions and the delivery of information at any time before the signing of any agreement for the Project without assigning reasons thereof. Page 2
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EPC Contract for JITPL
Neither JITPL nor its employees or consultants will have any liability to any prospective Bidder or any other person under law, equity or contract, or otherwise for any alleged loss, expense or damage which may arise from or be incurred or suffered in connection with anything contained in the RFP, any matter deemed to form part of the RFP, the award of the contract and any other information supplied by or on behalf of JITPL or their employees, any consultants or otherwise arising in any way from the selection process for the contract. JITPL reserves the right to change, modify, add to or alter the entire/part of selection process including inclusion of additional evaluation criteria. JITPL reserves the right to change, modify or alter any or all the provisions of this document. In such case the changes or modifications would be intimated to all parties procuring this document. JITPL reserves the right to reject any or all of the Bids submitted in response to the RFP at any stage without assigning any reasons whatsoever.
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Issued By: Jindal India Thermal Power Limited Place: Date:
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INDEX DEFINITIONS .....................................................................................................................................5

SECTION 1 - INVITATION TO BID (ITB) .......................................................................................7 Name of the work/assignment.....................................................................................................7 Scope of Work.............................................................................................................................8 Qualifying Requirements ............................................................................................................9 Bid Timelines ............................................................................................................................15 SECTION II - INSTRUCTIONS TO BIDDERS...............................................................................16 Owner's right to accept any Bid and to reject any or all bids.....................................................16 Cost of Bidding ..........................................................................................................................16 Understanding of Bid Document................................................................................................16 Clarification of bidding document .............................................................................................16 Amendment of Bidding Documents...........................................................................................17 Documents comprising the Bid ..................................................................................................17 Bid Prices and Currencies ..........................................................................................................19 Earnest Money Deposit (EMD)/Bid Security ............................................................................19 Price Variation............................................................................................................................20 Qualifying & Eligibility Requirement of the Bidder..................................................................20 Signing Of Bids ..........................................................................................................................20 Information Required with the Bid ............................................................................................21 Submission of Bids.....................................................................................................................21 Bid Submission Due Date and Time ..........................................................................................24 Validity of the offer....................................................................................................................24 Evaluation Criteria .....................................................................................................................24 Contacting the Owner.................................................................................................................25 Owner's right to vary quantities at the time of award.................................................................25 Mode of Award of Contract .......................................................................................................25 Issue of Letter of Intent/Notice of Award ..................................................................................25 Signing of Contract ....................................................................................................................26 Date of Completion of Project....................................................................................................26 SECTION III - GENERAL TERMS & CONDITIONS OF CONTRACT .......................................27 SECTION IV - TENDER SPECIFICATION ....................................................................................69
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DEFINITIONS
1. Act: Shall mean the Electricity Act, 2003 (Act No. 36 of 2003) and subsequent amendment thereof. Bid(s)/Tender(s): means the Techno-Commercial bid and Price bid submitted by the Bidder in response to the RFP issued by JITPL. Bidder: means the Bidding Company or Bidding Consortium. Bidding Company: means single corporate entity bidding for this Contract. Bidding Consortium: means group of bidding companies not exceeding maximum of two with one company clearly identified as leader based on majority share in the consortium. Bid Security/ Earnest Money Deposit (EMD): means the security provided by the Bidder to JITPL along with the Bid as defined in this document. Contract: means the agreement entered into between JITPL and the successful Bidder, as recorded in the Contract Form signed by the Parties, including the Notification of Award, General Conditions of Contract (GCC), all attachments and appendices thereto and all documents incorporated by reference therein. Contractor: shall mean the Bidder whose Bid has been accepted by the Owner for the award of the contract and shall include such successful Bidder's legal representatives, successors and permitted assigns. Contractors Personnel: means the Contractors representative and all personnel whom the Contractor utilises on site, who may include the staff, labour and other employees of the Contractor and of each Sub-Contractor; and any other personnel assisting the Contractor in the execution of the Works. Notice of Award of Contract/letter of Intent: shall mean the official notice issued by the Owner notifying the Contractor that his bid has been accepted. Owner: shall mean the Jindal India Thermal Power Limited or JITPL and shall include their legal representatives, successors and permitted assigns. Parties: means a reference to Owner and the Contractor collectively and Party shall mean an individual reference to either of them, as the context requires.
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EPC Contract for JITPL Request for Proposal (RFP)/Tender Document: means this entire document issued
to the Bidders, which gives out Instruction to Bidders, Contents of Bid along with General Conditions of Contract (GCC), Tower Schedule, Technical Specifications and
any other addendum issued thereof. Singular and Plural: Words importing the singular only also include the plural and vice-versa, where the context requires. Gender: Unless otherwise specifically stated, the masculine gender shall include the feminine and neutral gender and vice versa. Headings: The headings in the RFP shall not be deemed to be part thereof or be taken into consideration in the interpretation or construction thereof or of the Contract.
Documents Mutually Explanatory: The several documents forming part of the Contract are to
be taken as mutually explanatory of one another, but in case of ambiguities or discrepancies the same shall be explained, adjusted and certified by JITPL. The words used in this document shall carry the same meaning as defined herein. Any word, phrase not defined here shall carry the meaning as given in the General Conditions of Contract document or as is usually connoted in trade parlance or as is defined under the prevalent Indian laws.
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SECTION 1 - INVITATION TO BID (ITB)

1.1 Jindal India Thermal Power Limited, registered under the Companys Act, 1956 and having
its registered office at Plot No. 12, Sector B-1, Local Shopping Complex, Vasant Kunj, New Delhi 110 070, hereinafter called the "Owner" wishes to appoint a contractor for design,
supply, erection and testing & commissioning of 400 kV D/C Transmission line from Derang To Angul. The works shall include conducting the check survey, soil investigation design and supply , proto fabrication, packaging, transportation, delivery at site, receipt & storage thereof the tested towers and tower accessories along with supply of conductor, earthwire, insulators and insulator hardwares and conductor/earthwire accessories. It shall also include execution of tower foundation, design of tower foundation (if required), tower erection, stringing and commissioning of the line. All the material required for completion of the transmission lines shall be in Bidders scope. 1.2 The Contractor shall provide structural/fabrication drawings, shop drawings of all 400 KV Double circuit towers and extensions suitable for Twin ACSR Moose Conductor after the placement of award, in sequence, suiting the project requirement.
Name of the work/assignment

1.3 In pursuance of these objectives, the Owner wishes to invite competitive bids from experienced and competent Bidders. The Owner invites sealed offers in the bid system (Techno- commercial and price bid) from the eligible Indian Bidders for execution of construction for 400 KV transmission lines on turnkey basis as detailed below: Package No. Description Route length (Kms) aprox. 56 . Completion period (in months)
Package1
Construction of 400 KV D/C transmission line from Derang To Angul
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1.4
The price to be quoted against this ITB shall be in Indian rupees only.
Scope of Work
1.6 The brief scope of the work will be as under: a) Check survey and soil investigation etc for the transmission lines for Package 1 and a small portion of Detailed survey if required during execution. (Detailed survey including route alignment, profiling and tower spotting etc. has already been completed by the Owner) b) Fabrication & supply of tested towers for Package 1 with required extensions, design of special towers, (if required) modification /strengthening of towers, (if required) supply of Bolts & Nuts, Hangers, Conductor, Earthwire, Insulators, Insulator Hardwares, Tower Accessories, Conductor & Earthwire accessories, Earthing materials, GI Clamps, Aluminum Clamps etc. required for completion of the transmission lines. All the Tower and Foundation drawings, if any apart from the drawings furnished by the Owner, proposed to be used should be submitted for approval to the Owner. In all those cases where strengthening of tower or design for any special towers is required to negotiate the valleys/hilly terrains/river crossings etc., the Contractor shall do the same and supply the special towers, if any accordingly at no extra cost. The Bidder should submit the performance certificates for the type tested towers. c) Clearing of site, casting of tower foundations (including stub setting), design of pile foundations & special foundations if required, erection of complete tested towers with extension & all accessories, Tower Earthing, hoisting of insulator stringings of conductors & earthwire lines as per specification, fitting of line hardwares, tower accessories etc. and all other materials and accessories required for completion and commissioning of the transmission lines for Package 1. All materials for the work shall be provided by the Contractor as per the approved make. d) The Contractor shall obtain all the statutory approvals on behalf of the Owner for all the packages. All the expenses in this regard will be borne by the Contractor. e) The Contractor shall be fully responsible to arrange Right of Way for the packages specified in this document as well as various clearances from time to time, in favour of JITPL, that are required for completion of the transmission
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EPC Contract for JITPL line in the agreed completion schedule. JITPL will provide all the necessary
support, on advice from the Contractor, including payment of compensation for
tree/crop.
1.7 The scope of work given above is only indicative and detailed scope is described in
Tender Specification of this document.
Qualifying Requirements
1.8 In order to be qualified for award of Contract, the Bidder will be required to satisfy the following minimum criteria, which will take precedence over any qualification requirements that may be stated in the specifications or elsewhere in the bidding document. a) General Criteria 1. The Bidder shall possess ISO 9001: 2000 certification. 2. The Bidder shall possess a valid Electrical Contractors License issued under the Act. 3. The Bidder shall be registered under the Orissa Value Added Tax (OVAT) Act 2005, the Service Tax Act as well as for various taxes in force. 4. The Bidder shall be registered under P.F. Act. b) Manufacturing experience criteria. 1. The Bidder should be a manufacturer/fabricator or have a tie up with a manufacturer/fabricator of EHV transmission line towers having complete know how with in-house galvanizing plant with zinc tub of adequate size to accommodate the largest tower member as well as testing facilities at works and should have at least three years of experience in design, fabrication and supply of EHV Transmission line towers of voltage class of 400 KV and above confirming to the relevant IS Codes. 2. The Bidder should have fabricated and supplied EHV Transmission line towers of voltage class of 400 kV and above or supplied through a tie up with a manufacturer of EHV transmission line towers to State Electricity Boards, or Power utilities like PGCIL, State Power Transmission utilities, during any one year in the last three years. The quantity of tower material the Bidder had fabricated and supplied during any one year in the last three years shall not be less than 5,000 MT .
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EPC Contract for JITPL For supply of Conductors, the bidders should have manufactured/procured and supplied a capacity of at least 3000 Km for Package 1in one year in the last three years. In addition to the above the Bidder is required to fulfill the Qualifying Requirement mentioned in Volume II, Section V- Clause 23.
4. For supply of Insulators, the bidders should have manufactured/procured and supplied 120 KN & 160 KN antifog porcelain disc insulators not less than 50,000 no.s of each rating, for voltage class of 400 kV and above and the same should have been in satisfactory operation for a minimum period of 2 years as on date of bid opening. Further the manufacturer should also have successfully completed all the type tests mentioned in Volume II Section VII. 5. For Earthwire, Insulator hardware, Conductor and Earthwire accessories and Tower accessories the Bidder manufactured/procured and supplied sufficient quantities for atleast 100 km of line lengths for Package 1, of voltage class of 400 kV and above and the same should have been in satisfactory operation for a minimum period of 2 years as on date of bid opening. 6. The Bidder should submit performance certificate issued by the Client for all of the above items, indicating therein name of utility, voltage class wise quantity supplied for the last three years prior to the date of bid opening. c) Erection Experience criteria 1. The Bidder should have basic infrastructure for construction of EHV Transmission lines of voltage class of 400 KV and above, along with technical know how, experienced staff and adequate Tools & Plant including Tension stringing equipment. The Bidder should furnish the list of Tools & Plant available along with detailed specifications/ ratings. Details of such setup for executing the turnkey project specified in this tender shall be clearly brought out in the offer. 2. The Bidder should own or have access to the following key erection equipment:
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EPC Contract for JITPL Atleast two units of Tension Puller equipment having 16 tons capacity, for stringing of quad bundle conductors for Package A and Atleast one unit of Tension Puller equipment having 16 tons capacity, for stringing of quad bundle conductors for Package B If the Bidder proposes to use hired equipment for the execution of Contract, necessary hire agreement/ letter of comfort between Bidder and the owner of equipment (on the stamp paper of Rs.200/-) should be submitted along with the offer. In absence of such document, the offer shall be rejected. For bidders to qualify for more than one package, the requirement of Tension puller equipment shall not be less than the sum of the requirements stipulated for the packages he proposes to qualify for. If the work requires additional stringing equipment to meet the time schedules of the project, the Bidder shall provide such additional equipment at no extra cost to the Owner. 3. The Bidder should have constructed (including tower foundation, tower erection and stringing) double circuit EHV transmission lines of voltage class 400 KV and above during any one year in last three years. The line length the Bidder had constructed during any one year in last three years shall not be less than 100 Kms. 4. The Bidder should submit performance certificate issued by the Client indicating therein name of the line constructed, its voltage class, route length and period of completion etc. d) Financial criteria 1. The annual turnover of the principal Bidder in transmission sector during any one of the last three financial years shall at least be Rs. 100 Crores. 2. The Bidder shall have a Net Worth (which is defined as Equity share capital + Reserves Revaluation reserves Intangible assets Miscellaneous expenditure to the extent not written off and carry forward losses) of not less than Rs. 50 Crores in the last financial year. 3. The Bidder shall include a Comfort Letter from a Nationalized or Scheduled Bank, addressed to the Owner, which describes the dedicated revolving line of credit, of not less than Rs. 50 Crores, with the Bank, if the Bidder is selected for the award of contract. A sample format of a letter, which would be generally acceptable to the Owner, is provided in Schedule - D.
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EPC Contract for JITPL 4. The Bidder must satisfactorily demonstrate that he has adequate financial
capacity to undertake the works, including access to, or availability of financial resources such as liquid assets, unencumbered real estates, lines of credit and other financial means other than contractual payments to meet (i) a cash flow requirement of at least Rs. 70 Crores and (ii) the overall cash flow requirements for this contract and its other current work commitments.
The same should be certified in writing by a Chartered Accountant. 1.9 The Bidder must also satisfactorily demonstrate that, a) it has the personnel for the key positions required to carry out the works, and it has access to the minimum levels of key plant, equipment and machinery that are required to complete the power transmission line within the stipulated time, and b) that its proposals regarding work methods, scheduling and mobilization of resources are adequate to demonstrate the Bidders capability to complete the works in accordance with the specifications and work completion schedule and c) that its understanding of the requirements of the contract is clear and unambiguous. 1.10 1.11 Any unsatisfactory assessment of these requirements may lead to the Bidder being evaluated as technically non-responsive. Check list to qualify for award of contract, which the Bidder should invariably submit, a) Tender Form (Schedule - B) duly signed by the Bidder. Any bid received without the signed Tender Form shall be considered incomplete and hence be eligible for rejection. b) Copies of original documents defining the constitution or legal status, place of registration and principal place of business for the Bidder, c) A written power of attorney authorizing the signatory of the bid to commit the Bidder; d) Audited annual accounts including balance sheets and other financial statements for past three financial years; e) Up to date information for the current contract commitments/ works in progress and financial resources in sufficient detail so as to enable assessment of the financial capacity of the Bidder; f) Authority to seek references from the Bidders Bankers along with details of the Bank;
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EPC Contract for JITPL g) Proposals regarding work methods, scheduling and resourcing which shall be provided in sufficient detail to confirm the Bidders capability to complete the works in accordance with the specifications and the time of completion, including; i. detailed project implementation schedule along with milestones using a bar chart ii. qualification and experience of key Project/ site management and technical personnel proposed for the contract; iii. source (own, lease, hire, etc) and deployment schedule for major items of construction equipment and materials handling facilities proposed for carrying out the work; iv. proposed plan for supply and delivery of major materials and equipment to the site; h) Electrical Contractors License as may be applicable under the act; i) Registration certificates for OVAT and Service Tax ; and
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The Bidder has to present all the financial and technical supporting documents pertaining to qualifying requirements duly attested by the Chartered Accountant and the performance certificates issued by the client; documents submitted without the required Certification will not be considered for evaluation.
In case of Consortium (Not more than 2 members including lead member) 1.13 The principal (lead) Bidder who desire to bid against this specification may submit the offer jointly with erection contractor /equipment manufacturer by entering into a legally valid agreement subject to fulfillment of following requirements: a. The number of members in the consortium should not be more than 2, including the lead member. b. One of the members shall be authorized to be in charge (lead member), and this authorization shall be evidenced by submitting a power of attorney in the format as given in schedules, signed by legally authorized signatories of both members. c. The bid, and in case of a successful bid, the form of Contract agreement shall be signed so as to be legally binding on both members. d. The lead member shall be authorized to incur liabilities, receive payments and receive instructions for and on behalf of both members of the consortium and for
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EPC Contract for JITPL the entire execution of contract. The Lead member shall authorize a
representative on the behalf of consortium, and this authorization shall be
evidenced by submitting a power of attorney in the format as given in schedules.

e. Both members shall be jointly and severally liable for execution of the contract in accordance with the Contract terms, and a relevant statement to this effect shall be included in the authorization mentioned under (b) above as well as in the Bid
Form and the Form of Contract agreement (in case of a successful bid)
f. A copy of consortium agreement entered into by the members shall be submitted with the bid. The agreement should indicate precisely the responsibility of both members of consortium in respect of planning, design, supply of materials and equipment, key personnel, work execution and financing of the project. This
should not be varied/ modified subsequently without approval of the Owner. g. Bid Security for Members as per the Schedule attached. h. Both members together shall meet all the qualifying criteria.
1.14 Owner reserves the right to reject any bids submitted with deviations from Tender Specifications and no time shall be given in any circumstances after opening of
Techno- Commercial bid for submission of documents which are missing with offer.
1.15 The Owner reserves the right to modify the qualifying criteria after assessing the
response at the time of pre-bid meeting.

1.16 Notwithstanding anything stated above, the Owner reserves the right to assess the
Bidders capability and capacity to perform the work, should the circumstances warrant such an assessment in the overall interest of the Owner, and may reject the offer without assigning any reason. Note: The prospective Bidder shall, submit alongwith his offer the Qualifying Requirement Data Schedule (Form No. 1 to 8) as per Schedule - D duly filled in, in support of fulfillment of above Qualifying Conditions (Q.C.) by him. 1.17 A complete set of bidding documents may be obtained by the interested eligible Bidders, personally, on submission of a written application and upon payment of specified amount towards the cost of bid documents either in cash or by demand draft in favour of Owner payable at Delhi from any Nationalized Bank or any Scheduled Bank. However, issue of the bid document will not automatically mean that such Bidder is qualified. 1.18 The Bidder shall be required to submit Rs. 30 Lakhs in lieu of bid security deposit along with the offer in the form of Bank Guarantee of any Nationalized or Scheduled Bank in the prescribed format.
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EPC Contract for JITPL The successful Bidder shall be required to submit a contract performance guarantee of any Nationalized or Scheduled Bank for 10% (ten percent) of the contract price in the event of contract being awarded to him. Interested eligible Bidders may obtain further information, if needed, from the office of the Jindal India Thermal Power Limited, Plot No. 12, Sector B-1, Local Shopping Complex, Vasant Kunj, New Delhi 110 070 Telephone No. (011) 26139256-65 and Fax No. (011) 24238393. Bidders are requested to note the dates for purchase, submission and opening of the bids specified in this document.
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Bid Timelines
1.22 The table given below outlines the tender process and the corresponding timelines: S.No Bid 1 2
3 4 5
Process
Timeline 19.06.2009 To be informed later 17 July 2009 at 15:00 Hrs 17 July 2009 at 16:00 Hrs To be informed later
Date of issue of bid documents Date and Time of Pre-bid Meeting Date and Time deadline for Submission of Bid Date and Time for Techno-Commercial Bid Opening Date of Price Bid opening
1.23 In case the due date for receipt and/or opening of bids happens to be a holiday, the next working day shall be the corresponding due date.
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SECTION II - INSTRUCTIONS TO BIDDERS
General Instructions
1.24 1.25 Owner invites bids in respect of work to be done as set forth in the Specification. All Bidders are required to submit their Bids in accordance with the guidelines set forth in this RFP document. In order to promote consistency among Bids and minimize potential misunderstandings regarding how Bidders Bids will be interpreted by Owner, the format in which Bidders will specify the fundamental aspects of the bid has been broadly outlined in this RFP document.
Owner's right to accept any Bid and to reject any or all bids 1.26 The Owner reserves the right to accept or reject any Bid, and to annul the bidding process and reject all bids at any time prior to Contract award, without thereby incurring any liability to the affected Bidder or Bidders.
Cost of Bidding 1.27 All the costs and expenses incidental to preparation of the bid, pre-award discussions, technical and other presentations including any demonstrations, etc. shall be to the account of the Bidder and Owner shall bear no liability whatsoever towards such costs and expenses regardless of the conduct or outcome of the bidding process.
Understanding of Bid Document 1.28 The Bidder is expected to examine all instructions, terms and conditions, forms and specifications in the Bid document and fully inform himself as to all the conditions and matters which may in any way affect the works or the cost thereof. Further, failure to furnish all information required in the Bid Document or submission of a bid not substantially responsive to the Bid Document in every respect will be at the Bidders risk and may result in the rejection of his bid.
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Clarification of bidding document 1.30 A Bidder requiring any clarification of the bidding documents may notify the Owner in writing or by facsimile or by e-mail at the Owners contact details as indicated in this document. The Owner will respond in writing or by e-mail to any request for Page 16
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EPC Contract for JITPL clarification of the bidding documents, which it receives no later than seven days (7) prior to the deadline for the submission of bids.
1.31
If required, Owner may arrange Pre-Bid meeting to provide common platform for all
Bidders to clarify their queries. If Owner decides to hold pre-bid meeting, the official
representative of the Bidders may attend the pre-bid meeting on the date and time as specified in this document. The representatives of the bidders who may wish to
attend the meeting shall carry with them a letter signed by the authorised signatory of
the bidder, authorising the representative to attend the meeting. 1.32 The purpose of the meeting will be to clarify any issues regarding the Bid process which have not been addressed at all or not covered with sufficient clarity in the bid documents. The bidder is advised to make a site visit at his own expenses before submitting the bid. Non-attendance at the pre-Bid meeting will not be a cause for rejection of a Bidder.
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1.34
Amendment of Bidding Documents 1.35 At any time prior to the deadline for submission of bids, the Owner may, for any reason, whether at his own initiative or in response to a clarification requested by a prospective Bidder, modify the Bidding documents by amendment. The amendment will be notified in writing or by fax to all prospective Bidders who have purchased the Bidding documents and it will be binding on them. In order to allow prospective Bidders, reasonable time in which to take the amendment into account in preparing their bids, the Owner may, at his discretion, extend the deadline for the submission of bids.
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Documents comprising the Bid 1.38 The Bid prepared by the Bidder shall comprise the following components: a) Bid Security form duly filled in completely, all the schedules of commercial particulars and technical particulars. b) Complete Bid forms and price schedule with the unit price details as filled in by the Bidder.
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EPC Contract for JITPL c) Complete details regarding Financial, Technical and organizational capability of the Bidder
1.39
All the above mentioned documents shall be in accordance with the guidelines given in the Invitation to Bid section along with the relevant authorization certificates and shall be submitted for the assessment of the Owner.
Policy For Bids Under Consideration 1.40 The bids shall be deemed to be under consideration immediately after those are
opened and until such time official intimation of award/rejection is made by the
Owner to the bidders. While the bids are under consideration, bidders and/or their representatives or other interested parties are advised to refrain from contacting by any means, the Owner and/or his employees/representatives on matters related to the bid under consideration. The Owner if necessary, shall obtain clarifications on the bid by requesting for such information from any or all the bidders in writing as may be necessary. Acceptance Of Bids 1.41 The Owner does not bind himself to accept the lowest or any bid neither will any reason be assigned for the rejection of any bid or part of the bid. It is also not binding on the Owner to disclose any analysis report on bids.
Withdrawal of Invitation To Bid 1.42 While the Owner has floated this public tender and has requested bidders to submit their proposals, the Owner shall always be at liberty to withdraw this invitation to bid at any time before its acceptance.
Representative/Agent Of Bidder 1.43 All the bidders are requested to mention the name of their authorized representative / agent, if any, with full address in the offer. In case the representative/agent is changed during the course of execution of the Contract, such changes shall be notified by the Contractor, failing which, the Owner shall not accept any responsibility.
1.44
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Volume I Bid Prices and Currencies 1.45
The Bidders shall quote the prices inclusive of all taxes & duties, Corporate Tax,
Income Tax, Excise Duty, Service Tax, VAT other levies, fees, cesses, deposit etc using formats as given in Schedule E and Schedule O. The Owner shall not be liable for payment of any such taxes or duties. Bidders quoting a system of pricing other
than the specified one, run the risk of rejection. The Bidders shall indicate the bid price in Indian Rupees only. 1.46 The bidder shall include in his bid the supply of mandatory spares, special tools and tackles, for erection, testing, commissioning of the transmission line. The list of such special tools and tackles is given in Technical Specifications and prices for supplying such items for erection and commissioning of the line shall be deemed to be included in the bid price.
Earnest Money Deposit (EMD)/Bid Security

1.47 The Bidder shall furnish, as part of its bid, a bid security of the amount and in the
manner specified in Clause 1.18 of this document as Earnest Money Deposit (EMD). 1.48 The Bid security shall be valid for a total period of ninety (90) days from the date of bid submission (sixty (60) days of bid validity period + thirty (30) days of claim period) Any bid not accompanied by a bid security will be rejected by the JITPL as nonresponsive. Unsuccessful Bidders bid securities will be discharged or returned as soon as the successful bidder signs the Contract Agreement. The bid securities of unsuccessful
bidders will be discharged not later than thirty (30) days after the expiration of the
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1.50
period of bid validity of Sixty (60) days or signing of the Contract Agreement with the successful bidder, whichever is later. 1.51 In exceptional circumstances, prior to expiry of the original Bid Validity Period, Owner may request the Bidders to extend the period of validity for a specified additional period. In such case the bidders shall provide the extended bid securities no later than ten (10) days prior to the expiry of the Bid Security. Owner reserves the right to reject the Bid submitted by any Bidder who fails to extend the validity of the Bid Security in line with the provisions of this clause. The successful Bidders bid security will be discharged upon the Bidder fulfilling the requirements as per Clause 1.85.
1.52
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Volume I 1.53 The bid security may be forfeited:
a) If a Bidder withdraws its bid during the period of bid validity specified in this document; b) In the case of a successful Bidder, if the Bidder fails to furnish performance guarantee in accordance with Clause 1.19 of this document. 1.54 No interest shall be payable by JITPL on the Earnest Money Deposit under any circumstances.
Firm Price 1.55 The prices shall remain firm through out the duration of contract.
Qualifying & Eligibility Requirement of the Bidder 1.56 The Bidder will be qualified & eligible for bidding provided all the Qualifying Criteria (QC) as mentioned in Invitation to Bids section are fulfilled by him.
Signing Of Bids 1.57 The Owner reserves the right to evaluate only those Bids that are received in the required format, complete in all respects and in line with the instructions contained in this RFP Document and signed by the Bidder. The Bid must contain the name and place of business of the person or persons making the bid and must be signed and sealed by the Bidder with his usual signature. The names of all persons signing should also be typed or printed below the signature. All pages of Bid, Drawings and other documents shall be initialed at the lower right hand corner with Blue ink only and signed, wherever required by the Bidder. Bid by a partnership firm must be furnished with full names of all partners and be signed with the partnership name, followed by the signature(s) and designation(s) of the authorized partner(s) or other authorized representative(s). Bid(s) by Corporation/Company must be signed with the legal name of the Corporation/Company and by the President, Managing Director, Secretary or other
1.58
1.59
1.60
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EPC Contract for JITPL person or persons duly authorized to bid on behalf of such Corporation/Company in the matter.
1.61
A Bid by a person who affixes to his signature the word 'President', 'Managing Director' 'Secretary', Agent or other designation without disclosing the details
concerning the principal on whose authority he is signing the bid shall be rejected. 1.62 Satisfactory evidence of authority of the person(s) signing on behalf of the Bidder shall invariably be furnished with the bid. The Bidders name stated on the proposal shall be the exact legal name of the firm. The Bid shall contain no alterations or additions, except those to comply with instructions issued by Owner or as necessary to correct errors made by the Bidder, in which case such corrections shall be initialed by the person or persons signing the Bid along with the stamp. Bids not conforming to the above requirements of signing may be disqualified.
1.63 1.64
1.65
Information Required with the Bid 1.66 Bidder shall submit complete information as required under the relevant schedules of the accompanying bid forms and price schedule duly filled in with unit rates. In case the information contained in the bid is in contradiction with the requirements of the specification, the specification requirements will govern, unless otherwise brought out clearly. If the Bidder deliberately gives wrong information in his bid to create circumstances for the acceptance of his bid, the Owner reserves the right to reject such bid and/or cancel the order if placed. Bid submitted shall be for the complete scope of work or as per the packages as envisaged in the Scope of Work of this document. Bid submitted for partial scope of work shall be rejected.
1.67
1.68
1.69
Submission of Bids 1.70 Bids shall be submitted in triplicate. Each set shall contain all the documents. The three sets shall be packed separately and sealed. The outer envelope of documents as above shall be super scribed "Original", "Duplicate" and "Triplicate" on the First, Second and Third copies respectively. Page 21
Volume I 1.71
EPC Contract for JITPL All the bids must be submitted by the Bidder in the sealed outer envelope containing
two separate sealed, inner envelopes which shall be super scribed as (i) "TechnoCommercial bid for the Construction of [Insert Package Name]and (ii) Commercial terms/price bid for Construction of [Insert Package Name] respectively. In case the Bidder is bidding for more than one package, the corresponding package names should be mentioned and separate envelopes for each package should be maintained. The Techno-Commercial bid envelope shall contain
the following documents.

a. Copies of original document defining the legal status, place or registration and
principal place of business of company or firm or partnership. b. Details of expenditure incurred by the Bidder on the works of similar nature executed by him during last 5 years and details of current works in hand. c. Major items of construction tools & plants proposed to be used in carrying out the contract. d. The qualification and experience of key personnel proposed to be deployed for administration and execution of the contract. e. Reports of financial standing of Bidder such as profit and loss account statement for three previous years and financial projection of next 2 years. f. Income Tax clearance certificate. g. Information regarding any current litigation in which the Bidder is involved. h. The information/details required in support of compliance of minimum qualifying requirements specified in Invitation to Bid section of this document. These details should be furnished in the "Qualifying Requirement Data Schedule", enclosed, as Schedule - D. i. A true copy of the receipt for the payment of Bid Security Deposit (E.M.D.) in cash or D.D. j. The outer envelope shall be super scribed as "Bid for Construction of 400 kV D/C Transmission line from Derang To Angul and shall be addressed to:
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EPC Contract for JITPL Jindal India Thermal Power Limited, Plot No. 12, Sector B-1, Local Shopping Complex, Vasant Kunj, New Delhi110 070 Tel. No. (011) 2613 9256-65 & Fax No.(011)26121734 k. The outer as well as inner envelopes shall indicate clearly the name of the Bidder and his address. In addition the left hand corners of the inner and outer envelopes should indicate the Owner's specification number and the bid opening date and time. If the outer/inner envelopes are not sealed and marked as above, the Owner will assume no responsibility for the Bid's misplacement or premature opening. l. The Owner reserves the right to reject any bid which is not submitted in accordance with the instructions stipulated above. m. The Bidder has the option of sending his bids by registered post or submitting the bids in person so as to reach the Owner at the designated address by the time and date stipulated by the Owner for receipt of bids. The Owner shall not be responsible for any delay in receipt of bids. n. The Owner may, at his discretion, extend the dead line for submission of bids by amending bidding documents in which case all rights and obligations of the Owner and Bidders subject to the previous dead line will thereafter be subjected to the dead line as extended. o. Any bid received by the Owner after the deadline for submission of bids prescribed by the Owner, pursuant to Clause 1.22 of this specification will be rejected and/or returned unopened to the Bidder. p. The Bidder may modify or withdraw his bid after the bids submission, provided that written notice of the modification or withdrawal is received by the Owner prior to the deadline prescribed for submission of bids. q. The Bidders modification or withdrawal notice shall be prepared, sealed, marked and dispatched in accordance with the provisions of Clause 1.61 and Clause 1.62. A withdrawal notice may also be sent by fax followed by a signed confirmation copy, post marked not later than the deadline for submission of bid. r. No bid shall be modified subsequent to the deadline for submission of bids. s. No bid shall be withdrawn in the interval between the deadlines for submission of bids and the expiration of the period of bid validity specified by the Bidder
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EPC Contract for JITPL on the proforma Bank Guarantee for Bid Security. Withdrawal of a bid during this interval may result in the Bidder's forfeiture of his bid security.
Bid Submission Due Date and Time 1.72 Bids should be submitted on or before the Bid submission due date and time as stated in Clause 1.22, and at the address as stated in Clause 1.20 in the manner and form as detailed in this document. Bids submitted by facsimile transmission will not be accepted. Owner may, in exceptional circumstances and at its sole discretion, extend the Bid Submission due date by issuing an Addendum in accordance with Clause 1.35, uniformly to all Bidders, in which case all rights and obligations of Owner and Bidders previously subject to the deadline will thereafter be subject to the deadline, as may be extended.
1.73
Validity of the offer 1.74 Validity of the offer should be for a period of 3 months (90 days) from the due date of submission of this Bid. The bidder should submit their offer in three copies complete in all respects in each copy. The offers not conforming to the General Contract Condition clauses regarding (1) Bid Security Deposit (2) Price break up of taxes and duties (3) Performance (4) Terms of payment (5) Liquidated Damages and (6) Force Majeure are liable to be rejected.
1.75
1.76
Evaluation Criteria 1.77 The contract shall be evaluated and awarded separately for each package. The bids will be evaluated and compared on the basis of a Bid Package or a combination of Bid Packages or as a total of all Bid Packages in a manner most advantageous to the Owner and award of Contract would be made to the bidder for the package on the basis of least evaluated price. Prices are therefore to be quoted accordingly in the relevant bid proposal sheets. Not withstanding the divisible nature of the contract, the evaluation will be based on the
1.78
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EPC Contract for JITPL total price for supply of materials and price for erection (including tower foundation, tower erection and stringing) quoted by the Bidder.
Contacting the Owner

1.79 Bids shall be deemed to be under consideration immediately, after they are opened
and until such time official intimation of award/rejection is made by the Owner to the Bidders. While the bids are under consideration, Bidders and/or their representatives or other interested parties are advised to refrain from contacting by any means, the Owner and/or his employees/representatives on matters related to the bids under consideration. The Owner, if necessary, will obtain clarifications on the bids by requesting for such information from any or all the Bidders either in writing or through personal contact as may be necessary. Bidders will not be permitted to change the substance of the bids after the bids have been opened. Owner's right to vary quantities at the time of award 1.80 The Owner reserves the right at the time of Contract award to increase or decrease by twenty (20%) percent, the quantity of services and/or goods originally specified in the Bidders Scope in the Tender Specification document or Price Schedule submitted by the bidder without any change in unit price or other terms and conditions.
Mode of Award of Contract 1.81 Either a Contract for individual packages will be awarded to different successful Bidders or Contract for all the packages will be awarded to one successful bidder provided that the Bidder(s) in either case meet the qualifying requirement for the package(s) as provided in this document. The Owner reserves the right to award the Contract for entire works or in package wise, whichever is considered to fetch the least evaluated price among the price bids for the Owner.
Issue of Letter of Intent/Notice of Award 1.82 Prior to the expiration of the period of Bid validity, Owner will notify the Successful Bidder in writing by registered letter or by email or facsimile. The notification of award will constitute the formation of the Contract. Upon the successful Bidders furnishing of the Performance Security pursuant to the Clause 1.19, the Owner will promptly notify the name of the winning Bidder to all
1.83 1.84
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EPC Contract for JITPL other short-listed Bidders and will discharge their Bid securities as per the timelines defined elsewhere in this document.
Signing of Contract 1.85 Within Seven (7) days of receipt of the Letter of Intent, the successful Bidder shall a) Sign and date the Letter of Intent along with the Contract Form sent to the Bidder and return it to the Owner. b) Submit the registration certificates under P.F. and labour laws as may be applicable as per the relevant acts. c) Submit the Performance Guarantee as per the provisions of Clause 1.19 1.86 The date of signing of the Contract shall be deemed as the Commencement date for the works. The Bidder is hereby informed that JITPL is currently exploring the idea of entering into a strategic Joint Venture with a suitable Joint Venture Partner through one of its subsidiaries. As soon as a Partner is identified and a JV is formed, the Contract may be passed onto the Joint Venture Company. In case such a Joint Venture Company is formed prior to the Signing of the Contract then the Bidder will have to enter into an agreement with the Joint Venture Company, otherwise JITPL will be the procurer of services and the agreement will be between JITPL and the successful Bidder. However JITPL reserves the right to assign the Contract to the JV Company as and when it is formed.
1.87
Date of Completion of Project 1.88 The date on which the Final Acceptance as per the General Conditions of the Contract for the works offered under this Contract is received by the Contractor shall be considered as the Date of Completion of the project. However Date of Completion of the Contract will be as per the General Contract Condition clause Completion of Contract The date of completion for line construction for Package 1 shall be 10 months from the date of signing of the Contract.
1.89
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Volume I
SECTION III - GENERAL TERMS & CONDITIONS OF CONTRACT

1. DEFINITION OF TERMS In constituting these general terms and conditions and the annexed specifications, the following words shall have the meanings herein assigned to them.
1.1 'Owner' shall mean the Jindal India Thermal Power Limited (JITPL), Delhi and shall
include their legal representatives, successors and permitted assigns.

1.2 'Contractor' shall mean the Bidder whose Bid has been accepted by the Owner for the award of the Contract and shall include such successful Bidder's legal representatives,
successors and permitted assigns. 1.3 Bill of Quantities means the Schedule and Quantities of items, materials & rates, summaries, etc., as finally accepted. 1.4 'Sub-Contractor' shall mean any person (other than the Contractor) named in the Contract for any part of the work or any person to whom any part of the Contract has been sublet by the Contractor with the consent in writing of the Owner / Engineer and will include the legal representatives, successors and permitted assigns of such person. 1.5 'Engineer' shall mean the officer appointed in writing by the Owner to act as Engineer from time to time for the purpose of the Contract. 1.6 'Engineer's Representative' shall mean any assistant of the Engineer appointed from time to time to exercise the powers, directions, functions and other authorities vested in the Engineer. 1.7 'Equipments' 'materials', 'Stores' shall mean and include plant 'Stores' and 'Materials' to be provided by the Contractor under the Contract. 1.8 'Works' shall mean all the items of scope of work stipulated in the Tender Specification. 1.9 'Specification' shall mean the Tender specification forming a part of the Contract and such other Schedules and drawings as may be mutually agreed upon. 1.10 Site shall mean the whole of the premises, buildings and grounds in or upon which the work or works is or are to be provided, executed, erected, done or carried out. 1.11 Manufacturer's works' or 'Contractor's works' shall mean the place of work used by the Manufacturer, the Contractor, or Sub-Contractor for the performance of the works. 1.12 'Notice of Award of Contract/Letter of Intent, shall mean the official notice Issued by the Owner notifying the Contractor that his bid has been accepted.
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1.13 'Contract' shall mean the agreement, if any, to be entered into by the Owner with the Contractor and shall include the conditions of Contract, specification, schedules, tender
guarantees, drawings, and any further conditions which may be specifically agreed to
between the parties as forming a part of the Contract. 1.14 Contract Price' shall mean the sum named in the Contract agreement if any or the
work order by the Owner, subject to such additions there to or deductions there from as
may be made under the provisions herein after contained.

1.15 'Contract Value' shall mean that part of Contract Price which is properly apportionable to the work in question having regard to the amount of work done and all other relevant circumstances and disregarding any changes that may have occurred at the date of
Contract in the cost of executing the works.

1.16 'Manufacturer's Supervisory Personnel' shall mean the supervisory personnel deputed by the Contractor or any other manufacturer who has supplied materials or under whose
supervision the installation of equipment is to be carried out.

1.17 'Date of Contract' shall mean the date on which L.O.I is issued and/or acceptance of
bid is intimated to Contractor as the case may be.

1.18 'Guarantee Tests' shall mean such tests as prescribed in the Contract or as instructed
by the Engineer to be performed by the Contractor before the works are finally accepted by the Owner ready for commercial use complete with all items to the satisfaction of the Engineer. 1.19 'Delivery period' shall mean the time period required from issue of LOI/Telegraphic intimation of acceptance of bid to the stage the works are ready for trial operation and inclusive of performance test. 1.20 'Commissioning' shall mean the first successful operation of the equipment after all initial adjustments, trials etc. cleaning and reassembly required at site if any have been completed and the equipment is made ready for commercial use. 1.21 'Provisional Acceptance' shall mean the Owner's written acceptance of the works performed under the Contract after successful testing and commissioning of the equipments offered under this Contract. 1.22 'Final Acceptance' shall mean the Owner's written acceptance issued after the completion of the defects liability period. 1.23 'Guarantee period' shall mean the period during which the Contractor shall remain liable for repair, replacement of any defective part of the works performed under the Contract at his cost.
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1.24 Latent Defects shall mean such defects caused by faulty design, material or workmanship which cannot be detected during inspection, testing etc. based on the technology available for carrying out such tests. 1.25 'Month' shall mean the calendar month.
1.26 Day or Days unless herein otherwise expressly defined shall mean calendar day or
days of 24 hours each. 1.27 'Writing' shall include any manuscript, under or over signature and/or seal as the case may be. 1.28 When the words 'Approved', 'Subject to approval', 'As directed', 'Accepted' etc. or
words or phrases of like are used, the approval, direction, Judgment, etc. is understood to
be a function of the Owner/ Engineer. 1.29 'Drawings' 'Plans' shall mean all: a) Supplementary drawings, if any, furnished by the Owner to clarify and to define in
greater detail the intent of the Contract.

b) Drawings submitted by the Contractor with his proposal provided such drawings are
acceptable to the Owner.

c) Drawings furnished by the Contractor/Manufacturer to the Owner during the progress of the work. "Codes' shall mean the following but not limited to the
following including the latest amendments and/or replacements, if any,

1.30 Codes shall mean following but not limited to the following including the latest
amendments and/or replacements, if any a) Indian Electricity Act, 2003 and Rules and Regulations made there under. b) Indian Factory Act, 1948 and Rules and Regulations made there under: c) A.S.M.E Test Codes. d) A.I.R.E.Test codes. e) American Society of Materials Testing Codes. f) Standards of the Indian Standards Institutions applicable for relevant materials supplied. g) Other Internationally approved standards and/or Rules and Regulations touching the subject matter of Contract. 2. INTERPRETATION 2.1 Words imparting the singular only shall also include the plural and vice-versa where the context so requires.
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Volume I 2.2
2.3
EPC Contract for JITPL Words imparting 'Persons' shall include firms, companies, corporations and associations or bodies of individuals, whether incorporated or not. Terms and expressions not herein defined shall have the same meaning as defined elsewhere in the Tender Document or shall have the same meaning as assigned to them in the Indian Sale of Goods Act (1930), failing that in the Indian Contract Act (1872) and failing that in the General Clauses Act (1987).
3.
APPLICATION 3.1. These General Conditions shall apply to the extent that they are not superseded by provisions in other parts of the Contract.
4.
STANDARDS 4.1. The goods supplied under this Contract shall conform to the standards mentioned in the Technical Specifications and when no applicable standard is mentioned then the authoritative standard appropriate to the goods is applicable and such standards shall be the latest issued by the concerned institution.
5.
SCOPE OF CONTRACT This shall be as per Technical Specifications.
6.
ENGINEER'S SUPERVISION 6.1 ENGINEER'S INSTRUCTIONS: All instructions and orders to the Contractor shall, except as herein otherwise provided, be given by the Engineer. 6.2 ENGINEER'S REPRESENTATIVE The Engineer may, from time to time, delegate to Engineer's Representative any of the powers, discretions, functions and authorities vested in him and may at any time revoke any such delegation. Any such delegation or revocation shall be in writing signed by the Engineer and in case of delegation shall specify the powers, discretions, functions
and authorities thereby delegated and the person or persons to whom the same are
delegated. No such delegation shall have effect until a copy thereof has been delivered to the Contractor. Any person to whom any delegation is made shall be entitled to exercise the powers, discretions, functions powers, discretions, functions and authorities so delegated to him as aforesaid.
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Volume I 6.3 RESIDENT ENGINEERS
6.3.1 Resident Engineer/Engineers shall mean the Engineer/ Engineers to be appointed by the Owner to execute the works on the site. The Contractor shall afford him every reasonable facility for so doing but the Engineer/s shall not be authorized to relieve the Contractor in any way of his duties or obligation under the Contract. Any written notice from the Engineer/s pointing out the defects in materials or workmanship shall have the effect of a similar notice given by the Engineer under clause entitled remedy of defects except that the Contractor may appeal to the Engineer for his decision in the matter. 6.3.2 The Engineer shall during the progress of the work, have following powers to order, in writing, from time to time. a) The removal from the site within such time or times as may be specified in the order, any materials which in the opinion of the Engineer are not in accordance with the Contract. b) The substitution by proper and suitable material c) The removal and proper re execution (not-with-standing any previous test thereof or interim payment therefore) of any work, which in respect of materials or workmanship is not, in the opinion of the Engineer, in accordance with the Contract. d) Removal of materials obstructing the operation of existing station/equipments. e) In case of default on the part of the Contractor in Carrying out such order, the Owner shall be entitled to employ and pay other persons to carry out the same and all expenses consequent thereon or incidental thereto shall be recoverable from him by the Owner or may be deducted by the Owner from any amount/money due or which may become due to the Contractor. The Engineer shall stipulate reasonable time for the Contractor to carry out the order aforesaid. 7. CONTRACT DOCUMENTS
7.1. The term contract documents shall mean and include the following which shall be
deemed to form an integral part of the Contract. a) Bidding Document of the Owner, covering the instructions to Bidders, general terms and conditions of Contract, special terms and conditions, technical specifications, annexure, schedules amendments etc.
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Volume I b)
c)
EPC Contract for JITPL Contractor's bid proposal including the letters of clarifications exchanged there to between the Contractor and the Owner prior to the Award of Contract.
All the data/information of any sort given by the Contractor along with his bid,
subject to the approval of the Owner/ Engineer.

d)
Any mutually agreed variations to the conditions of the documents, technical
specifications, terms and conditions of Contract, if any. 8. CARE AND SUPPLY OF DOCUMENTS
8.1. The Contractor shall handover all the documents, drawings, specifications, field office records, staff records and all other relevant information or documents pertaining to the execution of works under this Contract to the Owner after the issuance of Provisional Acceptance. Each of the Contractors documents shall be in the custody and care of the Contractor, unless and until taken over by the Owner. The Contractor shall keep, on the Site, a copy of the Contract, the Contractors Documents (if any), the Drawings
and Variations and other communications given under the Contract. The Owners Personnel shall have the right of access to all these documents at all reasonable times. 9. ASSIGNMENT AND SUBLETTING OF CONTRACT 9.1. The Contractor shall not assign the Contract or any part thereof or any benefit or interest therein or there under without the prior written consent of the Owner. The Contractor shall not sublet any part of the works without prior written consent of the Engineer/Owner. Such consent, if given, shall not relieve the Contractor from any liability or obligation under the Contract and he shall be responsible for the acts, defaults and neglects of any Sub-Contractor, his agents, servants or workman as fully as if those were the acts, defaults, neglects of the Contractor, his agents, servants or workmen. The Engineer shall have the right to obtain from the Contractor any agreement in writing entered into by the Contractor with any of his Sub-Contractors or any purchase orders placed for supplies and services in respect of the works included in the Contract provided that the Contractor shall not be bound to disclose the sub Contract Value. The Contractor shall supply the Engineer with full technical and commercial details of orders placed on his Sub-Contractors. The technical specification of all the items ordered on Sub-Contractor shall be subject to the approval of Engineer.
9.2.
9.3.
9.4.
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Volume I 10. CONTRACTOR TO INFORM HIMSELF FULLY 10.1.
The Contractor shall be deemed to have satisfied himself as to all the conditions and circumstances affecting the Contract Price and as to the possibility of executing the works as shown and described in the Contract. The Contractor shall be deemed to have inspected and examined the site and its surroundings, examined the approach roads etc., loading/unloading/fabrication space etc. and to have fixed his price taking into account all such relevant conditions and also the risks, contingencies and other circumstances which may influence or affect the execution of the work as specified in the Contract. The Contractor shall be responsible for any misunderstanding or incorrect information, however obtained, on which the Contract Price has been based except the written information furnished by the Owner. The Contractor shall be deemed to have carefully examined all contract documents to his entire satisfaction. If he shall have any doubt as to the meaning of any portion of the contract documents, he shall, within one month of issue of Letter of Intent or before signing the Contract as the case may be, set forth the particulars thereof, and submit them to the Owner in writing, in triplicate, in order that such doubt may be removed. The Owner shall provide such clarification as may be necessary, in writing to the Contractor. Any information otherwise obtained from the Owner or the Engineer shall not in any way relieve the Contractor of his responsibility to fulfill his obligations under the Contract. SUPERVISION OF CONTRACT The Contractor, upon award of the Contract shall, in addition to a Project Coordinator, nominate another responsible officer as his representative at site suitably designated for the purpose of overall responsibility and coordination of the works to be performed at site. Such persons shall function from site office of the Contractor during the pendency of Contract. Any written order or instruction of the Engineer or his duly authorized representative shall be communicated to the said authorized resident representative of Contractor and the same shall be deemed to have been communicated to the Contractor.
10.2.
10.3.
10.4.
11.
PERFORMANCE GUARANTEE IN LIEU OF SECURITY DEPOSIT 11.1. The Performance Bank Guarantee for the proper fulfillment of the Contract shall be furnished by the Contractor in the prescribed form within Seven (7) days of Notice of Award of Contract/Letter of Intent' and before release of any payments due including the advance payment, if any. The performance Guarantee shall be as per pro-forma
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EPC Contract for JITPL attached to the Bid Document. This guarantee shall be for an amount equal to 10% (ten percent) of the Contract Price and of any Nationalized or Scheduled Bank.
11.2.
The performance guarantee shall cover additionally the following guarantee to the
Owner: The Contractor guarantees that the equipment installed by him shall be free from all defects in materials/workmanship and shall, upon written notice from the Owner, fully remedy free of expenses to the Owner such defects that are attributable to the Contractor within the period of guarantee specified in the relevant clause of the Contract. 11.3. The Contract performance Guarantee is intended to secure the performance of the entire Contract. However, it is not to be construed as limiting the damages stipulated in other clauses of the Contract. The Performance Guarantee shall be returned to the Contractor 90 days after the end of the guarantee period. The Owner is not liable to pay any interest or compensation to
the Contractor for retaining the performance Guarantee after the end of the guarantee
11.4.
period. 11.5. The termination of the Contract under the Clause 33, Contractor's default' of this section shall not entitle the Contractor to reduce the value of the performance guarantee nor the time thereof. The performance guarantee shall be valid for the full value and for the full period of Contract including 90 days after the end of guarantee period.
12.
CONTRACT DRAWINGS These should be as per Technical specification.
13.
MISTAKES IN DRAWINGS 13.1. The Contractor shall be responsible for any discrepancies, errors or omissions in the drawings or other particulars supplied by him and shall pay all the costs of the alterations in the work necessitated thereby notwithstanding the fact that such drawing or particulars have been approved by the Engineer provided that such discrepancies, errors or omission are not due to inaccurate information or particulars furnished to the Contractor in writing by the Engineer. The Owner shall be responsible for drawing and information supplied by the Engineer.
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Volume I 13.2.
EPC Contract for JITPL If any dimensions/figures upon a drawing or a plan differ from those obtained by
scaling the drawings or plan, the dimensions as figured upon the drawings or plan shall
be taken as correct. 14. EFFECT AND JURISDICTION OF CONTRACT

14.1. The Contract shall be considered as having come into force from the date of the issue
Letter of Intent, by the Owner. 14.2. The laws applicable to this Contract shall be the laws in force in India. The Courts of Delhi shall have exclusive jurisdiction in all matters arising under this Contract.
15.
LANGUAGE AND MEASURES 15.1. All documents pertaining to the Contract including specification, schedules, notices, correspondence, operating and maintenance instructions, drawings or any other writing shall be written in English language. The metric system of measurement shall be used exclusively in the Contract.
16.
PATENT RIGHTS & ROYALTIES 16.1. Royalties and fees for patents covering materials, articles, apparatus, devices, equipments or processes used in the Works shall be deemed to have been included in the Contract Price. The Contractor shall satisfy all demands that may be made at any time for such royalties or fees and he alone shall be liable for any damages or claims for patent infringements and shall keep the Owner indemnified in that regard. The Contractor shall, at his own cost and expenses, defend all suits or proceedings that may be instituted for alleged infringement of any patents involved in the works and in case of an award of damages, the Contractor shall pay for such award. In the event of any suit or other proceedings instituted against the Owner, the same shall be defended at the cost and expenses of the Contractor who shall also satisfy/comply the decree, order or award made against the Owner. Final payment to the Contractor by the Owner will not be made while any such suit or claim remains unsettled. In the event any apparatus or equipment or any part thereof furnished by the Contractor, is in such suit or proceedings held to constitute infringement, and its use is enjoined the Contractor shall, at his option, and at his own expense either procure for the Owner, the right to continue use of said apparatus, equipment or part thereof, replace it with noninfringing apparatus or equipment or modify it, so that it becomes non-infringing. The Contractor shall be responsible for the observance by his Sub-Contractors of the foregoing.
16.2.
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Volume I 16.3.
EPC Contract for JITPL For the designs and drawings supplied by the Owner, the Contractor shall submit an
undertaking in the format given as Schedule N, stating that the Contractor will not use
or copy or reproduce these drawings and designs for any other projects or for any other purposes except for execution of stated scope of work, without the prior approval of the Owner. The Contractor shall maintain a record of all the copies and shall reproduce the same as and when required by the Owner.
17.
DEFENCE OF SUITS 17.1. If any action in court is brought against the Owner or Engineer or an officer or agent of
the Owner, for the failure, omission or neglect on the part of the Contractor to perform
any acts, matters, covenants or things under the Contract, or for damage or injury caused by the alleged omission or negligence on the part of the Contractor, his agents, representatives or his Sub-Contractors, or in connection with any claims based on lawful demands of Sub-Contractors, workmen, suppliers or employees, the Contractor shall in all such cases indemnify and keep the Owner and the Engineer and / or his representative, harmless from all losses, damages, expenses or decrees arising of such action. 18. WORKMANSHIP & MATERIALS 18.1. The plant and/or the work shall be manufactured, constructed, provided, put in possession, carried out and maintained in all respect with workmanship and material of the best and most substantial and approved qualities to the entire satisfaction of the Engineer, who may reject any plant, apparatus, material or workmanship which shall in his opinion be defective in quality and such rejection shall be final and binding on the Contractor. The Contractor shall at his own expense provide all materials, labour, haulage, tools, tackles apparatus and all things necessary to execute and complete the work and plant in manner aforesaid. All materials used in the manufacture of the tower accessories shall be high grade, free from defects and imperfection, recent manufacture & unused. Materials shall, conform to the latest specifications of Technical Specifications, where applicable. All work shall be performed and completed in accordance with the best shop practice. Manufacture, of high-grade equipment castings shall be free from blow-holes, flaws, cracks or other defects and shall be smooth, close-grained and of free form and dimensions. All materials, supplies, parts, supplied under this Contract shall be tested.
18.2.
18.3.
19.
PACKING, FORWARDING AND TRANSPORTATION ETC. Page 36
Volume I 19.1.
EPC Contract for JITPL The Contractor shall be fully responsible for packing, forwarding, transportation by
railways or any other authorized mode of transport, clearance of equipment and further transportation at site to place of works/storage yards etc, in respect of material in his
scope.
19.2. The Contractor wherever applicable shall, after proper painting, pack and crate all equipment in such a manner as to protect them from deterioration and damage during rail/ road or any other authorized mode of transport. The Contractor shall be held
responsible for all damages/losses due to improper packing.

19.3. The Contractor shall notify the Owner of date of each shipment from his works and the expected date of arrival at the site for the information of Owner. The Contractor shall also give all shipping information concerning the weight size and content of each
packing including any other information the Owner may require. 20. INSPECTION, TESTING & INSPECTION CERTIFICATE: As per Technical Specifications. 21. TIME THE ESSENCE OF CONTRACT
21.1. The time stipulated in the Contract for the completion of works shall be deemed to be the essence of the Contract. The Contractor shall so organize his resources and
perform his work as to complete it not later than the date agreed to. 21.2. The Contractor shall submit a detailed PERT network/Bar chart within the time frame agreed consisting of adequate number of activities covering various key phases of work also clearly indicating the completion period for various groups of activities. This PERT network shall also indicate the interface facilities to be provided by the Owner and the dates by which such facilities are needed. The Contractor shall discuss the network so submitted with the Owner and the agreed network, which may be in the form as submitted or in revised form in line with the outcome of discussions shall form part of the Contract. During the performance of the Contract, if in the opinion of the
Engineer proper progress is not maintained, suitable changes shall be made in the
Contractor's operations to ensure proper progress. 21.3. The above PERT network shall be reviewed and periodic review reports shall be submitted by the Contractor as directed by the Engineer.
22.
DEMURRAGE AND WHARFAGE ETC. 22.1. When the materials are dispatched to the site stores with the name of consignee as that of the Owner, demurrage and wharfage and other expenses incurred due to delayed Page 37
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EPC Contract for JITPL clearance of the material, dispatch documents, Railway/Lorry Receipt, or any other
reason shall be to the account of the Contractor. It shall be the responsibility of the Contractor to obtain clear railway receipt/lorry receipt and allied documents in order to
avoid any difficulty while clearing/taking delivery of the materials.
23.
PROGRESS REPORT AND PHOTOGRAPHS

23.1. The Contractor shall submit monthly reports to the Engineer showing the progress of
manufacture and delivery of the equipment/materials and the erection work executed by the Contractor with such materials as charts, networks, photographs, test certificates etc. The Contractor shall also furnish to the Engineer such other information as the Engineer may require satisfying himself about the timely manufacture and delivery of the equipments/materials and the various stages of execution of the works to suit the accepted commissioning programme. The Contractor shall be responsible for the proper dispatch, receipt and storage at the site of all equipment/materials delivered for the purpose of the Contract and also for notifying the Engineer of the details of the
deliveries and delay thereto. Should any plant and equipment be lost or damaged due
to improper packing, transport, handling of cost to the Owner, the Contractor shall make best efforts to ensure that the replacement is arranged expeditiously so that commissioning schedule is not affected. 23.2. Photographs shall be taken as and when indicated by the Engineer or his representative. Photographs shall be adequate in size and number to indicate various stages of erection. Each photograph shall contain the date, the name of the Contractor and the title of the photograph. The above photographs shall accompany the monthly progress report detailing-out the progress achieved on all erection activities as compared to the schedules. The report shall also indicate the reasons for the variance between the scheduled and actual progress and the action proposed for corrective measures, wherever necessary.
23.3.
24.
TAKING OVER 24.1. Upon receipt of equipment and materials at the designated destination and after Inspection, the Owner will issue to the Contractor, a Taking over Certificate in which he shall certify the date on which equipment and materials have been accepted. The designated destination, for the purpose of this clause, will be the Indian port of entry in case of foreign Contractors, for Supply Contract. In all other cases, the designated destination will be site.
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EPC Contract for JITPL Such certificate shall not unreasonably be withheld nor will the Engineer delay the issuance thereof, on account of minor omissions or defects, which in the opinion of the Engineer do not cause any serious risk to the equipment and materials. Such Certificate shall not relieve the Contractor any of the obligations which otherwise survive, by the terms and conditions of the Contract after issuance of such Certificate.
25.
EXTENSION OF TIME LIMIT FOR COMPLETION 25.1. If by reasons of extra or additional work (which is more than 20% of the original scope of work) or any natural phenomenon or any cause defined in the Clause entitled "Force Majeure", the Contractor shall have been delayed or impeded in the completion of the works, whether such delay or impediment occurs before or after the time or extended time fixed for completion, provided that the Contractor shall without delay have given to the Engineer a notice in writing of his claim for an extension of time, the Engineer shall on receipt of such notice grant the Contractor either prospectively or retrospectively such extension of time fixed by the Contract for the completion of work as may be justified. The Contractor shall have no other claim against the Owner in respect of delay and disorganization of the work arising from occurrences here in above-mentioned.
26.
CONTRACT PRICE 26.1. The lump sum prices quoted by the Contractor in his bid with additions and deletions as may be agreed for the entire scope of the works viz. check survey, soil investigation, design, engineering, supply, transportation, receipt and storage at site, erection, testing and commissioning, Tree cutting, stacking, clearance of site etc. of the works covered under these specifications and documents shall be treated as the Contract Price. The Contract Price shall include all taxes and duties inclusive of Corporate tax, VAT, Income Tax, Excise Duty, WCT Other Levies, Service Tax, Fees, Cesses Deposit etc. whatsoever, and the Owner shall not be liable for payment of any such taxes or duties. The prices quoted by the Contractor shall take into account credit availed on inputs under the 'Modvat' scheme introduced by G.O.I. w.e.f.1-3-1986. As a result of additional duty set offs as may become available during the currency of Contract on the inputs used for the manufacture of final products on the date of supply under 'Modvat' scheme shall be passed on to the Owner and the Contractor shall advise the Board for suitable reduction in the prices duly certified by Chartered Accountant. The Contractor shall also furnish break-up of the prices of taxes and duties on unit rate considered (for the items in BOM including ETC) in the bid in the prescribed proforma.
26.2.
26.3.
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26.5.
EPC Contract for JITPL The Contract Price shall include any cost or charges for obtaining any permits or license etc. wherever applicable.
The Contract is to be treated as a divisible contract for supply and erection. The Contract Price shall include all applicable taxes, duties, etc. as indicated above.
Necessary concessional form such as 'C' will be issued for this Contract, The prevailing rate of OVAT applicable for power transmission purpose is 4% .The Contractor shall note it while quoting the prices against this invitation to bid. 27. DEDUCTIONS FROM CONTRACT PRICE
27.1. All costs, damages or expenses which the Owner may have paid, for which under the
Contract the Contractor is liable, will be claimed by the Owner. All such claims shall be billed by the Owner to the Contractor regularly as and when they fall due. Such bills shall be supported by appropriate and certified vouchers or explanations, to enable the Contractor to properly identify such claims. Such claims shall be paid by the Contractor within thirty (30) days of the receipt of the corresponding bills and if not paid by the Contractor within the said period, the Owner may then deduct the amount, from any monies due or becoming due by him to the Contractor under the Contract or may be recovered by actions of Law or otherwise. 28. PRICE VARIATION DUE TO VARIATION IN TAXES 28.1. In case any existing tax or duties are enhanced or any tax or duty is newly introduced by Govt., applicable for this work after submission of the Bid and if the Contractor is required to pay additional amount towards this tax or duty then the Owner shall reimburse the Contractor, at actual, the additional tax or duty so paid by the Contractor against submission of documentary evidence by the Contractor to the satisfaction of the Owner. The breakup of prices and percentage of taxes and duties considered for quoting is to be given in a separate schedule other than price schedule. The above provision is applicable for any reduction in duty or tax after submission of the bid. Accordingly bidder shall pass on the benefit due to reduction in duties and taxes etc. to the Owner, which may please be noted. The introduction of a new tax or duty applicable for this work takes place in the extended period of Contract, no claim for additional cost due to statutory variation shall be entertained by the Owner. 29. DEDUCTION FROM CONTRACT PRICE
28.2.
28.3.
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Volume I 29.1.
EPC Contract for JITPL All cost, damages or expenses which the Owner may have paid for which under the
Contract the Contractor is liable, will be claimed by the Owner. All such claims shall
be billed by the Owner to the Contractor regularly as and when they fall due. Such bills shall be supported by appropriate and certified vouchers or explanations to enable the Contractor to properly identify such claims. Such claims shall be paid by the Contractor within fifteen (15) days of the receipt of the corresponding bills and if not paid by the Contractor within the said period, the Owner may then deduct the amount from any amount due or becoming due by him to the Contractor under the Contract or from the Bank Guarantee issued by the Contractor or may be recovered by actions of law or otherwise, if the Contractor fails to satisfy the Owner of such claims. 30. MODE OF PAYMENT 30.1. 30.2. All payment due to the Contractor shall be paid only by Account Payee Cheques'. The Contractor shall present every month his invoice for the supply/works done in the
preceding month. The invoice/ bill for supply/works should be separately submitted.
After verification of such invoice by Owner, all items having financial value shall be entered and certified in Owner's Measurement Book by the "Engineer" and the
invoices prepared based on the same and connected technical documents which form
part of this bid specification. 30.3. 30.4. Work is to be measured as per standard procedure. The Measurement shall be taken jointly by persons duly authorized on the part of Owner and by the Contractor. If, at any time due to any reason whatsoever, it becomes necessary to remeasure the work done in full or in part, the expense towards such remeasurement shall be borne by the Contractor. The Contractor shall bear the expenditure involved, if any, in making the measurement. The Contractor shall, without extra charges, provide all the assistance with appliances and other things necessary for measurement. The measurement entered in the measurement books and the bills prepared shall be signed and dated by both the contracting parties. The Contractor will be intimated in writing by the Engineer the proposed date of measurement. If the Contractor does not turn up at the appointed time, the Engineer shall have the powers to proceed by himself to take measurement in which case the measurement shall be accepted by the Contractor as final. Passing of measurement as per bills does not amount to acceptance or the completion of the work mentioned. Any left out work has to be completed if pointed out at a later date by Engineer.
30.5.
30.6. 30.7.
30.8.
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EPC Contract for JITPL The Contractor shall be directly responsible for payment of wages to his workmen. A
payroll sheet giving all the payments given to the Workers and duly signed by the Contractor's representative should be furnished to Engineer for record purpose every
month. 30.10. The payment for the works shall be made direct to the Contractor by the Owner. 31. SPARES
31.1. All the spares for the equipment under the Contract will, strictly, conform to the specifications and documents and will be identical to the corresponding main equipment/components supplied under the Contract, and shall be fully interchangeable.
31.2.
All the mandatory spares covered under the Contract shall be produced alongwith the main equipment as a continuous operation and the delivery of the spares will be affected alongwith the main equipment in a phased manner and the deliver would be completed by the respective dates for the various categories of equipment as per the agreed network. In case of recommended spares, the above will be applicable provided the order for the recommended spares has been placed with the Contractor prior to commencement of manufacture of the main equipment. The quality plan and the inspection requirement finalized for the main equipment will also be applicable for the corresponding spares. The Contractor will provide the Owner with the manufacturing drawings, catalogues, assembly drawings and any other document required by the Owner so as to enable the Owner to identify the recommended spares. Such details will be furnished to the Owner as soon as they are prepared but in any case not later than six months prior to commencement of manufacture of the corresponding main equipment. The Contractor will provide the Owner with all the addresses and particulars of his sub-suppliers while placing the order on vendors for items/components/ equipment covered under the Contract and will further ensure with his vendors that the Owner, if so desires, will have the right to place order (s) for spares directly on them on mutually agreed terms based on offers of such vendors. Warranty for Spares
The Contractor shall warrant that all spares supplied will be new and in accordance
31.3. 31.4.
31.5.
31.6.
with Contract Documents and will be free from defects in design, materials and workmanship 32. CONTRACTOR'S DEFAULT
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EPC Contract for JITPL If the Contractor shall neglect to execute the works with due diligence and expedition
or shall refuse or neglect to comply with any reasonable orders given to him in writing by the Engineer in connection with the works or shall contravene the provisions of the Contract, the Owner may give notice in writing to the Contractor to make good the failure, neglect or contravention complained. Should the Contractor fail to comply with the notice within thirty (30) days from the date of service thereof then and in any such case, the Owner shall be at liberty to employ other workmen and forthwith execute such part of the works as the Contractor may have neglected to do or, if the Owner shall think fit, it shall be lawful for him, without prejudice to any other right he
may have under the Contract, to take the works wholly or in part of the Contractor's hand and re-contract with any other person or persons to complete the works or any part thereof and in that event the Owner shall have free use of all Contractor's equipment that may have been at the time on the site in connection with the works without being responsible to the Contractor for fair wear and tear thereof and to the exclusion of any right of the Contractor over the same, and the Owner shall be entitled to retain and apply any balance money which may otherwise be due on the Contractor thereof as may be necessary, to the payment of the cost of executing the said part of the works or completing the works, as the case may be. If the cost of completing the works or executing a part thereof as aforesaid shall exceed the balance due to the Contractor, the Contractor shall pay such excess. The Owner shall have the right to terminate the Contract in case of Contractor's default. 32.2. In addition, such action by the Owner as aforesaid shall not relieve the Contractor of his liability to pay liquidated damages for delay in completion of works as defined in Contract. The termination of the Contract under this clause if effected by the Owner shall not entitle the Contractor to reduce the value of the performance guarantee nor the time thereof. The performance guarantee shall be valid for the full value and for the full period of the Contract including 90 days after the end of guarantee period.
32.3.
33.
TERMINATION OF CONTRACT 33.1. The Owner may upon written notice of default by the Contractor, terminate the Contract in the circumstances detailed hereunder: a) If, in the opinion of the Owner the Contractor fails to make delivery of equipment completion of work within the time specified in the contract agreement or within the extended period of delivery granted by the Owner.
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Volume I b)
EPC Contract for JITPL If in the opinion of the Owner, the Contractor fails to comply with any of the other provisions of the Contract including technical requirements, statutory provisions etc.
33.2.
In the event the Owner terminates the Contract in whole or in part as provided above, the Owner reserves the right to purchase the materials/equipments & get work executed as deemed by the Owner to be similar to the one contracted for, upon such terms and in such manner as the Owner may deem proper and the Contractor shall be liable to the Owner for any additional cost for purchase of such similar materials/equipments or works. If the Contract is terminated under the provisions of this clause, the Owner, in addition to any other rights that he may have in terms of the Contract, may require the Contractor to transfer title and deliver to the Owner and in the manner as directed by the Owner, a) b) any completed equipment/works. such partially completed equipments, works, drawing, information and contract
rights as the Contractor has specifically produced or acquired for the
33.3.
performance of such parts of this Contract which has been terminated. 33.4. The Owner shall pay to the Contractor the Contract Price for the completed equipment delivered to and accepted at the rates as provided for in the Contract or where no rates are provided for in the Contract, at the rates deemed reasonable by the Owner after deduction by the Owner for the additional expenses incurred by him in getting the balance equipment from agencies other than the Contract. In all such cases where the Contract has been terminated due to Contractors defaults, the decision of the Owner regarding the reasonability of the price for the parts completed and accepted and for which no rates are available in the Contract shall be final and binding on the Contractor.
33.5.
34.
REJECTION 34.1. In the event any of the equipment supplied/work done by the Contractor is found to be defective in material or workmanship or otherwise not in conformity with the requirements of the Contract even after rectification by the Contractor during the guarantee period, the Owner shall have the right to reject part or the whole of the material/work and call upon the Contractor to replace the material/work by a new one at his own expense. If the Contractor fails to do so the Owner may either replace or rectify such defective equipment/work and charge to the Contractor the excess cost incurred by the Owner for replacement with a 15% overhead expenditure to cover the Page 44
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EPC Contract for JITPL Owner's cost or terminate the Contract for Contractor's default as provided for in the Contract.
34.2.
In the event the Contractor is unable to replace the rejected material within a
reasonable time, the Owner reserves the right to acquire the said material/work at a reduced price considered equitable under the circumstances and the decision of the Owner as regards such reduced price shall be binding on the Contractor. 35. DELAYS BY OWNER OR HIS AUTHORISED REPRESENTATIVES 35.1. In case the Contractor's performance is delayed due to any act of omission on part of the Owner or his authorized representatives, then the Contractor shall be given due extension of time for the completion of the works to the extent such omission on the part of the Owner has caused delay in the Contractor's performance of his work. The Contractor desirous of extension of time for completion of work on this ground shall apply in writing to the Engineer at least 90 days (ninety days) before the expiry of the stipulated period of completion. Regarding reasonableness or otherwise of the extension of time, the decision of the Engineer shall be final.
35.2.
36.
MODIFICATION & RECTIFICATION 36.1. The modification, rectification, rework, revamping (in brief) of any work done to change the existing state to the state desired as well as the additional fabrications if any as are needed due to any change shall be carried out by the Contractor without any extra charge to the Owner. Similarly if any modification are required to be carried out due to deviation from the drawing and design of equipment, operation/maintenance requirements, mismatching, transit damages and other allied works which are not very specifically indicated in the drawings, but are found essential for satisfactory completion of the work, the same shall be carried out by the Contractor but no extra charges shall be paid to the Contractor for such work. For the above work, any material and consumable required will also have to be arranged by the Contractor at his cost. All the above type of work shall preferably be carried out by separate personnel. Diversion of regular working personnel for such work shall not be permissible and no delay or slow progress should be caused due to executing such works. The Contractor shall not be liable for extension in Contract period for carrying out such works.
36.2. 36.3. 36.4.
37.
COMPLETION OF CONTRACT 37.1. Unless otherwise terminated under the provision of any other relevant clause, his Contract shall be deemed to have been completed at the expiration of the guarantee Page 45
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EPC Contract for JITPL period as provided for under the clause entitled 'Guarantee' and upon release of last payment to the Contractor by the Owner, whichever is later.
38.
TRANSFER OF TITLE
38.1. Transfer of title in respect of equipment and materials supplied by the Contractor to Owner pursuant to the terms of the Contract shall pass on to Owner with negotiation of
dispatch documents.
38.2. This Transfer of Title shall not be construed to mean the acceptance and the
consequent Taking Over of equipment and materials. The Contractor shall continue to be responsible for the quality and performance of such equipment and materials and
for their compliance with the specifications until Taking Over and the fulfillment of
guarantee provisions of this Contract. 38.3. This Transfer of Title shall not relieve the Contractor from the responsibility for all risks of loss or damage to the equipment and materials as specified under the clause entitled Insurance of this Section.
39.
CO-ORDINATION MEETINGS 39.1. 39.2. Co-ordination meetings between the Engineer and the Contractor shall be held to monitor the works. The Contractor will also be called upon to attend to design coordination meetings with the Engineer, other Contractors and consultants of the Owner during the period of Contract. The Contractor shall attend all such meetings at his own cost as and when required and fully co-operate with the Engineer/Owner and other agency involved during these discussions.
40.
FORCE MAJEURE
40.1. The following clauses which substantially affect the performance of the Contract
shall only be considered as Force Majeure conditions. a) Natural phenomena, including but not limited to floods, droughts, earthquakes and epidemics. b) Acts of any Government, domestic or foreign, including but not limited to war, declared or undeclared, quarantines, embargoes. Provided the party affected by the 'Force Majeure' shall within fifteen (15) days from the occurrence of such a cause, notify the other party in writing of such cause with sufficient documentary proof.
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40.2.
Not-with-standing any provision under clause 40.1, the Owner shall not in any way
be liable for non-performance either in whole or in part of any Contract or for any delay in performance thereof in consequence of strikes, shortages of labour or
workmen or lockout, breakdown or accident to machinery or accidents of whatever nature, failure on the part of the railways to supply, sufficient wagons to carry essential raw materials etc. and finished products from the stores etc. These causes shall not be treated as 'Force Majeure' but subject to the provision and stipulation made in clause of liquidated damages for late delivery. 40.3. The Contractor or the Owner shall not be liable for delays in performing their respective obligations resulting from any Force Majeure causes as defined above. The date of completion will be extended by a reasonable time by mutual agreement.
In case of damage or destruction of any property or equipments belonging to the
40.4.
Contractor due to Force Majeure causes, the Owner shall not be liable for the same. 40.5. The Owner shall have the right to inform the Contractor not to ship any part of the equipment due to weather or any other reasonable cause and in all such cases, the Contractor shall withhold shipment of such parts with out any extra charge for storage for a reasonable time.
41.
ARBITRATION 41.1. It is distinctly agreed and understood that the existence of any claim or dispute will not entitle the Contractor to stop or delay the Work and Contractor shall continue to perform the Work in accordance with the provisions of the Contract and in accordance with Owner's instructions with all due diligence and dispatch and perform all its obligations under the Contract. It is hereby expressly agreed that if at any time there shall arise any dispute, doubt or difference or question with regard to interpretation of this agreement or in respect of the rights, duties & liabilities of the parties hereto arising out of these presents, then every dispute, doubt difference or question shall be referred to arbitration as per the provisions of the Arbitration & Conciliation Act, 1996 and the rules framed there under.
Two arbitrators are to be appointed, one by each of the parties and third to be
41.2.
41.3.
appointed by the said two arbitrators. Any arbitration under the Contract shall be held in Delhi, India. Arbitration shall be conducted in English Language. The decision of the Arbitrators shall be final & binding to the parties to this Contract.
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EPC Contract for JITPL All disputes and differences of any kind whatsoever arising out of or in connection
with the Contract, whether during the progress of the work or after its completion and whether before or after the determination of the Contract, shall be referred by the Contractor to the Engineer and the Engineer. shall (within 120 days) after receipt of the Contractors representation make and notify decisions of all matters referred to by
the Contractor in writing. 41.5. In the event of any dispute or difference between the parties hereto as to the construction or operation of this Contract, or the respective rights and liabilities of the parties on any matter in question, the dispute or difference on any account or as to the withholding by Owner of any certificate to which the Contractor may claim to be entitled to, or if the Engineer. fails to make a decision (within 120 days) then and in any such case, the Contractor (after 120 days) but within (180 days) of his presenting his final claim on disputed matters, shall demand in writing that the dispute or difference to be referred to arbitration.
42.
SUSPENSION OF WORK 42.1. The Contractor shall, on the written order of the Engineer, suspend the progress of the works or any part thereof for such time or times and in such manner as the Engineer may consider necessary and shall, during such suspension, properly protect and secure the work so far as is necessary in the opinion of the Engineer. If such suspension is not due to any default on the part of the Contractor the time for completion of the works shall be extended for a period corresponding to the duration of the suspension of works.
43.
TERMINATION OF CONTRACT ON OWNER'S INITIATIVE 43.1. The Owner reserves the right to terminate the Contract either in part or in full for reasons other than those covered under clause 'Contractor's Default'. The Owner shall in such an event give fifteen (15) days notice in writing to the Contractor of his decision to do so. The Contractor upon receipt of such notice, shall discontinue the work on the date and time specified in the notice, make all reasonable efforts to obtain cancellation of all orders and contracts to the extent they are related to the work terminated and upon terms satisfactory to the Owner, stop all further sub-contracting or purchasing activity related to the work terminated and assist the Owner in maintenance, protection and disposition of the works acquired under the Contract by the Owner. In the event of such a termination, the Contractor shall be paid reasonable compensation dictated by the circumstances prevalent at the time of termination.
43.2.
43.3.
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Volume I 44. POWER TO VARY OR OMIT WORK 44.1.
No alterations, amendments, omissions, suspensions or variations (hereinafter referred to as "Variation") of the works under the Contract as detailed in the Contract Documents shall be made by the Contractor except as directed in writing by the Engineer, but the Engineer shall have full powers subject to the provisions hereinafter contained from time to time during the execution of the Contract, by notice in writing to instruct the Contractor to make such variation without prejudice to the Contract. The Contractor shall carry out such variation and be bound by the same conditions as far as applicable as though the said variations occurred in the Contract documents. If any suggested variation would, in the opinion of the Contractor, if carried out, prevent him from fulfilling any of his obligations or guarantees under the Contract, he shall notify the Engineer thereof in writing and the Engineer shall decide forthwith whether or not, the same shall be carried out and if the Engineer confirms his instructions, Contractors obligations and guarantees shall be modified to such an extent as may be mutually agreed. Any agreed difference in cost occasioned by any such variation shall be added to or deducted from the Contract Price as the case may be. In the event of the Engineer requiring any variation, such reasonable and proper notice shall be given to the Contractor to enable him to make his arrangement accordingly, and in cases where any work done requires to be altered, a reasonable and agreed sum in respect thereof shall be paid to the Contractor. In any case in which the Contractor has received instructions from the Engineer as to the requirements of carrying out the altered or additional substituted work which either then or later on will, in the opinion of the Contractor, involve a claim or additional payment, the Contractor shall immediately and in no case later than thirty (30) days after receipt of the instructions, aforesaid and before carrying out the instructions advise the Engineer to that effect. But the Engineer shall not become liable for the payment of any charges in respect of any such variations, unless the instructions for the performance of the same are confirmed in writing by the Engineer. If any variation in the works results in reduction of Contract price, the parties shall agree in writing as to the extent of any change in the price. In all the above cases, in the event of a disagreement as to the reasonableness of the said sum, the decision of the Engineer shall prevail. Not-with-standing anything stated above in this clause, the Engineer shall have the full power to instruct the Contractor, in writing during the execution of the Contract, to vary the quantities of the items or groups of Items. The Contractor shall carry out such
44.2.
44.3.
44.4.
44.5. 44.6. 44.7.
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EPC Contract for JITPL variations and be bound by the same conditions, as though the said variations occurred in the Contract documents.
45.
ENFORCEMENT OF TERMS 45.1. The failure of either party to enforce at any time any of the provisions of this Contract or any rights in respect thereto or to exercise any option herein provided shall in no way be construed to be a waiver of such provisions, rights or options or in any way to affect the validity of the Contract. The exercise by either party of any of its rights herein shall not precluse or prejudices either party from exercising the same or any other right it may have under the Contract.
46.
ACCESS TO SITE AND WORKS ON SITE 46.1. The works shall be carried out at such time as the Owner may approve and the Contractor has to make his own arrangements for Office, Store, Workshop, Power, Water and Communication and other facilities required for carrying out the works. In the execution of the works, no persons other than the Contractor or his duly appointed representative, Sub-Contractor and workmen, shall be allowed to do work on the site, except with the special permission, in writing, of the Engineer or his representative.
46.2.
47.
LINES AND GRADES 47.1. All the works shall be performed to the lines, grades and elevations indicated on the drawings. The Contractor shall be responsible to locate and layout the work. Basic horizontal and vertical control points will be established and marked by the Engineer at site at suitable points. These points shall be used as datum for the works under the Contract. The Contractor shall inform the Engineer well in advance of the times and places at which he wishes to do work in the area allotted to him, so that suitable datum points may be established and checked by the Engineer to enable the Contractor to proceed with his work. Any work done without being properly located may be removed and/or dismantled by the Engineer at Contractors expense. If any time during the progress of works any error shall appear or arise in the position, levels, dimension or alignment of any part of the work, the Contractor on being required to do so by the Engineer or Engineer's representative shall at his expense, rectify such error. The Contractor shall carefully protect and preserve all benchmarks, reference points, pegs and other things used in setting out, locating and layout of the works.
47.2.
47.3.
48.
CONTRACTORS MATERIAL BROUGHT TO SITE Page 50
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EPC Contract for JITPL The Ownership of Contractor's all goods, tools and plants shall, from the time of their
being brought to site, vest in the Owner, and these may be used for the purpose of the
works and shall not on any account be removed or taken away by the Contractor from the site without the written permission of the Engineer. The Contractor shall nevertheless be solely liable and responsible for any loss or destruction thereof and damage thereto. 48.2. The Owner shall have a lien on such goods for any sum or sums which may at any time be due or owing to him by the Contractor, under in respect of or by reasons of the Contract. After giving a fifteen (15) days notice in writing of his intention to do so, the Owner shall be at liberty to sell and dispose of any such goods, in such manner as he shall think of it including public auction or private treaty and to apply the proceeds in or towards the satisfaction of such sum or sums due as aforesaid. After the completion of the works, the Contractor shall remove from the site under the direction of the Engineer the materials such as construction equipment, erection tools and tackles, etc. with the written permission of the Engineer. If the Contractor fails to remove such materials within fifteen (15) days of issue of a notice by the Engineer to do so, then the Engineer shall have the liberty to dispose of such materials as detailed above and credit the proceeds thereto to the account of the Contractor after deducting reasonable expenses incurred by the Engineer for such disposal.
48.3.
49.
CONTRACTORS FIELD OPERATION 49.1. The Contractor shall keep the Engineer informed in advance regarding his field activity plans and schedules for carrying-out each part of the works. Any review of such plan or schedule or method of work by the Engineer shall not relieve the Contractor of any of his responsibilities towards the field activities. Such reviews shall also not be considered as an assumption of any risk or liability by the Engineer or the Owner or any of his representatives and no claim of the Contractor will be entertained because of the failure or inefficiency of any such plan or schedule or method of work reviewed. The Contractor shall be solely responsible for the safety, adequacy and efficiency of plant and equipment and his erection methods. The Contractor shall have the complete responsibility for the conditions of the Worksite including the safety of all persons employed by him or his SubContractor and all the properties under his custody during the performance of the work. This requirement shall apply continuously till the completion of the Contract and shall not be limited to normal working hours. The construction review by the Engineer is not intended to include review of Contractors safety measures in, on or near the Work-Site, and their adequacy or otherwise.
49.2.
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The Contractor shall have total responsibility for protecting his works till it is finally taken over by the Engineer. No claim will be entertained by the Owner or by the Engineer for any damage or loss to the Contractors works and the Contractor shall be
responsible for complete restoration of the damaged works to original conditions to
comply with the specification and drawings, should any such damage to the Contractors works occur because of any other party not being under his supervision or control. The Contractor shall make his claim directly with the party concerned. If disagreement or conflict or dispute develops between the Contractor and the other party or parties concerned regarding the responsibility for damage to the Contractors works, the same shall be resolved as per the provisions of the Clause 7.0 above entitled Cooperation with other Contractors. The Contractor shall not cause any delay in the repair of such damaged works because of any delay in the resolution of such dispute. The Contractor shall proceed to repair the Work immediately and no cause thereof will be assigned pending resolution of such disputes. 51. CO-OPERATION WITH OTHER CONTRACTORS AND OWNER 51.1. The Contractor shall co-operate with all other Contractors or tradesmen of the Owner, who may be performing other works on behalf of the Owner and the workmen who may be employed by the Owner in the vicinity of the works under the Contract. The Contractor shall also so arrange to perform his work as to minimize to the maximum extent possible interference with the work of other Contractors and his workmen. Any injury or damage that may be sustained by the employees of the other Contractors and the Owner, due to the Contractor's work shall promptly be made good at his own expense. The Engineer shall determine the resolution for any difference or conflict that may arise between the Contractor and other Contractors or between the Contractor and the workmen of the Owner in regard to their work. If the works of Contractor are delayed because of any acts omissions on the part of another Contractor, the Contractor shall have no claim against the Owner other than an extension of time for completing his works. The Engineer shall be notified promptly by the Contractor of any defects in other Contractors works that could affect the Contractor's works. The Engineer shall determine the corrective measures, if any, required rectifying this situation after inspection of the works and such decisions by the Engineer shall be binding on the Contractor.
51.2.
52.
WORK TO BE OPEN TO INSPECTION AND CONTRACTOR OR RESPONSIBLE
AGENT TO BE PRESENT
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EPC Contract for JITPL All works under or in course of execution or executed in pursuance of the Contract shall at all times be open to the inspection and supervision of the Engineer and the Contractor shall at all times during the usual working hours and at all other times at which reasonable notice of the intention of the Engineer to visit the works shall have been given to the Contractor, either himself be present to receive orders and instructions or have a responsible agent duly accredited in writing, present for that purpose. Orders given to the Contractor's duly authorized agent shall be considered to have the same force and effect as if those had been given to the Contractor himself.
53.
NOTICE TO BE GIVEN BEFORE WORK IS COVERED UP 53.1. The Contractor shall give not less than seven days notice in writing to the Engineer before covering up or otherwise placing beyond the reach of measurement any work in order that the same may be measured and correct dimensions thereof taken. In case the Contractor covers up the work without such notice, the Engineer reserves the right to get the same uncovered at the risk and expense of the Contractor.
54.
REMEDY OF DEFECTS 54.1. If at any time before the works are finally taken over by the Owner, the Engineer shalla) decide that any work done or plant supplied or materials used by the Contractor or any Sub-Contractor is/are defective or not in accordance with the Contract or that the works or any portion there of are defective or do not fulfill the requirements of the Contract (all such matters being hereinafter in this clause called 'defects') and as soon as reasonably practicable give to the Contractor notice in writing of the said decision specifying particulars of the defects alleged and/ or where the same are alleged to exist or to have occurred and so far as may be necessary, place the works at the Contractor's disposal, Then the Contractor shall with all speed and at his own expenses make good the defects so specified. In case the Contractor shall fail to do so, the Owner may
take, at the cost of the Contractor such steps as may in all circumstances
b)
c)
be reasonable to make good such defects. All plant provided by the Contractor to replace defective plant shall comply with the Contract. The Contractor shall be entitled to remove and retain all plant that the Owner may have replaced at the Contractor's cost. In case of failure of the Contractor to remove the replaced
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EPC Contract for JITPL parts within a reasonable time, the Owner, reserves the right to take further,
action for its disposal in any manner deemed fit. Such action shall in no way
limit the liabilities and responsibilities of the Contractor for removal of such parts. However, the Owner shall give reasonable time to the Contractor before such action is taken. 55. EMPLOYMENT OF LABOUR 55.1. The Contractor will be expected to employ on the work only his regular skilled employees with experience of this particular work. No person below the age of eighteen years shall be employed. All traveling expenses including provisions of all necessary transport to and from site, lodging allowances and other payments to the Contractor's employees shall be the sole responsibility of the Contractor. The Contractor shall arrange, at his own cost, the accommodation for his labour and other supervisory staff. The Contractors employees shall wear identification badges while on work at site. In case the Owner becomes liable to pay any wages or dues to the labour or to any Government agency under any of the provisions of the Minimum Wages Act, workmen compensation act, Contract Labour Regulation Abolition Act or any other law due to act or omission of the Contractor, the Owner may make such payments and shall recover the same from the Contractors bill. As far as possible, unskilled workers shall be engaged from the local area in which the work is being executed.
The Contractor shall at all times during the continuance of this Contract, in all his
55.2.
55.3.
55.4.
55.5.
dealings with local labour for the time being employed on or in connection with the work, have due regard to all local festivals and religions and other customs. The Contractor will fully comply with all the provisions of labour, civil and other state and central laws, statutory rules, regulations etc. In case of his non-compliance with any provision under the laws, the Contractor will indemnify the Owner from and against all liabilities, damages, penalties, demand etc. 55.6. The Contractor, in the event of his engaging 20 or more workmen at the Project, shall obtain independent license under the Contract Labour (Regulation and Abolition) Act, from the concerned State Labour Authorities. The Contractor shall have the registration as per Orissa Contract Labour (Registration & Abolition) Rules 1971.The Contractor shall have (in case of interstate labour) registration under Interstate Labour Migration Rule 1985.The Contractor shall
55.7.
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EPC Contract for JITPL maintain the statutory records and make it available to the nodal officer of Owner for inspection.
55.8.
55.9.
No idle labour charges will be admissible in the event of any stoppage caused in the work resulting in Contractor's labour being rendered idle due to any cause at any time.
The Contractor shall fulfill all his obligations in respect of accommodation including
proper medical facilities for the personnel employed by him. 55.10. The Contractor shall submit to the Engineer, on the first day of every month, a manhour schedule for the month indicating the number of manpower, skilled or other misc. proposed to be employed by him for the works. Should the Engineer be of the opinion that the list needs modification to ensure completion of the scheduled work in time and in a professional manner, the Contractor shall, at his own expense, rearrange the manpower to be employed at site. 56. DISCIPLINE OF WORKMEN 56.1. The Contractor shall adhere to the disciplinary procedure set by the Engineer in respect of his employees and workmen at site. The Engineer shall be at liberty to object to the presence of any representative or employee of the Contractor who in the opinion of the Engineer has misconducted himself or is incompetent or negligent or otherwise undesirable. The Contractor shall forthwith remove such a person from site and provide in his place a competent replacement.
57.
DISORDERLY CONDUCT ETC 57.1. The Contractor shall at all time take all reasonable precautions to prevent any unlawful, riotous or disorderly conduct by or amongst his employees and for the preservation of peace and protection of persons and property in the neighborhood of the works.
58.
CLEANLINESS 58.1. The Contractor shall be responsible for keeping the entire area allotted to him clean and free from rubbish,debris etc. during the period of Contract. The Contractor shall employ enough number of special personnel to thoroughly clean his work area at least once in a day. All such rubbish and scrap material shall be stacked or disposed of in a place to be identified by the Engineer. Materials and stores shall be so arranged to permit easy cleaning of the area. In areas where equipment might drip oil and cause damage to the floor surface, a suitable protective cover of a flame resistant, oil proof sheet shall be provided to protect the floor from such damage.
58.2.
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EPC Contract for JITPL Similarly, the labour colony, the offices and the residential area of the Contractor's employees and workmen shall be kept clean and best to the entire satisfaction of the Engineer. Proper sanitary arrangements shall be provided by the Contractor, in the work areas, office and residential areas of the Contractor. On the completion of the works, the Contractor shall clear away and remove from the site all Contractor's equipments, surplus materials, rubbish and temporary works of every kind and leave the whole of the site and works clean and in a workman like condition to the satisfaction of the Engineer.
58.4.
59.
FIRST AID 59.1. The Contractor shall provide necessary first aid facilities for all his employees, representatives and workmen working at the site. Enough number of Contractors personnel shall be trained in administering first aid.
60.
SECURITY 60.1. The Contractor shall have total responsibility for all equipments and materials in his custody stored, loose, semi assembled and/or erected by him at site. The Contractor shall make suitable security arrangements to ensure the protection of all materials, equipment and works from theft, fire, pilferage and any other damages and loss. All materials of the Contractor shall enter and leave the work site only with the written permission of the Engineer in the prescribed manner. It shall be the responsibility of the Contractor to arrange for security till the works are finally taken over by the Engineer.
60.2.
61.
CONTRACTORS AREA LIMITS

61.1.
The Engineer will mark-out the boundary limits of access roads, parking spaces, storage and construction areas for the Contractor and the Contractor shall not trespass the areas not so marked out for him. The Contractor shall be responsible to ensure none of his personnel move out of the areas marked out for his operations. In case of such a need for the Contractors personnel to work out of the areas marked out for him, the same shall be done only with the written permission of the Engineer.
62.
PRE-COMMISSIONING TRIALS AND INITIAL OPERATIONS 62.1. The pre-commissioning trials and initial operations of the equipment furnished and erected by the Contractor shall be the responsibility of the Contractor as detailed in relevant clauses in Technical Specifications. The Contractor shall provide, in addition, test instruments, calibrating devices, etc and labour required for successful performance of these trials. If it is anticipated that the above test may prolong for a Page 56
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EPC Contract for JITPL long time, the Contractors workmen required for the above test shall always be present at Site during such trials.
63.
CONSTRUCTION MANAGEMENT
63.1. The field activities of the Contractors working at Site, will be coordinated by the Engineer and the Engineers decision shall be final in resolving any disputes or conflicts between the Contractor and other Contractors and the tradesmen of the Owner regarding scheduling and coordination of work. Such decision by the Engineer
shall not be a cause for extra compensation or extension of time for the Contractor.
63.2. The Engineer shall hold weekly meetings of all the Contractors working at Site, at a time and place to be designated by the Engineer. The Contractor shall attend such
meetings and take notes of discussions during the meeting and the decision of the
Engineer and shall strictly adhere to those decisions in performing his works. In addition to the above weekly meeting, the Engineer may call for other meetings either
with individual Contractors or with selected number of Contractors and in such a case the Contractors if called, will also attend such meetings. 63.3. Time is the essence of the Contract and the Contractor shall be responsible for performance of his works in accordance with the specified construction schedule. If at any time, the Contractor is falling behind the schedule, he shall take necessary action to make good for such delays by increasing his work force or by working overtime or otherwise accelerate the progress of the work to comply with the schedule and shall communicate such actions in writing to the Engineer, satisfying that his action will compensate for the delay. The Contractor shall not be allowed any extra compensation for such action. The Engineer shall, however, not be responsible for provision of additional labour and/or materials or supply or any other services to the Contractor except for the coordination work between various Contractors as set out earlier.
63.4.
64.
FIELD OFFICE RECORDS 64.1. The Contractor shall maintain at his Site office up to date copies of all drawings, specifications and other Contract Documents and any other supplementary data complete with all the latest revisions thereto. The Contractor shall also maintain in addition the continuous record of all changes to the above Contract Documents, drawings, specifications, and supplementary data, etc. effected at the field and on completion of his total assignment under the Contract shall incorporate all such changes on the drawings and other Engineering data to indicate as installed conditions of the equipment furnished and erected under the Contract. Such drawings and Engineering data shall be submitted to the Engineer in required number of copies. Page 57
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PROTECTION OF PROPERTY AND CONTRACTORS LIABILITY 65.1. The Contractor shall be responsible for any damage resulting from his operations. He shall also be responsible for protection of all persons including members of public and employees of the Owner and the employees of other Contractors and Sub-Contractors and all public and private property including structures, building, other plants and equipment and utility either above or below the ground.
66.
PAINTING 66.1. All exposed metal parts of the equipment including piping, structures, railing etc. wherever applicable, after installation unless otherwise surface protected, shall be first painted with at least one coat of suitable primer which matches the shop primer paint used, after thoroughly cleaning all such parts of all dirt, rust, scales, grease, oil and other foreign materials by wire brushing, scraping or sand blasting and the same being inspected and approved by the Engineer for painting. Afterwards, the above parts shall be finished painted with two coats of allowed resin machinery enamel paints. The quality of the finish paint shall be as per the standards of ISI or equivalent and shall be of the colour as approved by the Engineer.
67.
UNFAVOURABLE WORKING CONDITIONS 67.1. The Contractor shall confine all his field operations to those works which can be performed without subjecting the equipment and materials to adverse effects, during inclement weather conditions like monsoon, storms, etc. and during other unfavourable construction conditions. No field activities shall be performed by the Contractor under conditions which might adversely affect the quality and efficiency thereof, unless special precautions or measures are taken by the Contractor in a proper and satisfactory manner in the performance of such works and with the concurrence of the Engineer. Such unfavorable construction conditions will in no way relieve the Contractor of his responsibility to perform the works as per the Schedule.
68.
PROTECTION OF MONUMENTS AND REFERENCE POINTS 68.1. The Contractor shall ensure that any finds such as relic, antiquity, coins, fossils, etc. which he may come across during the course of performance of his Works either during excavation or elsewhere, are properly protected and handed over to the Engineer. Similarly the Contractor shall ensure that the bench marks, reference points, etc, which are marked either with the help of Engineer or by the Engineer shall not be disturbed in any way during the performance of his Works. If any work is to be
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EPC Contract for JITPL performed which disturbs such reference the same shall be done only after these are
transferred to other suitable locations under the direction of the Engineer. The
Contractor shall provide all necessary materials and assistance for such relocation of reference points etc. 69. WORKS & SAFETY REGULATIONS 69.1. 69.2. The Contractor shall ensure the safety of all the workmen, materials and equipment either belonging to him or to others working at site. The Contractor will notify the Engineer of his intention to bring on to site any equipment or any container, with liquid or gaseous fuel or other substance which may create hazard. The Engineer shall have the right to prescribe the conditions under which such equipment or container may be handled and used during the performance of the works and the Contractor shall strictly adhere to such instructions. The Engineer shall have the right to inspect any construction plant and to forbid its use, if in his opinion it is unsafe. The Owner shall entertain no claim due to such prohibition. The Contractor shall be responsible for provision of all safety notices and safety equipments required both by the relevant legislations and the Engineer as he may deem necessary. All safety rules and codes applied by the Owner at site shall be observed by the Contractor without exception. The Contractor shall be responsible for the safety of the equipment/material and work to be performed by him. The Contractor shall also take such additional precautions as may be indicated from time to time by the Engineer with a view to prevent pilferage, accidents, fire hazards and due precautions shall be taken against fire hazards and atmospheric conditions. Suitable number of clerical staff, watch & ward, store keepers to take care of equipment, materials and construction tools and tackles shall be posted at site by the Contractor till the completion of the work under this Contract. The Contractor shall arrange for such safety devices as are necessary for such type of work and carry out the requisite tests of handling equipment, lifting tools, tackles, etc. as per prescribed standards and practices. Qualified Safety officer be deputed at site to train the personnel and observe all the safety aspects of works. He should submit a monthly report for the safety activities conducted during the previous month. This safety officer should not be given any other responsibility than safety. He should regularly interact with the owner and appraise the site activities.
69.3.
69.4.
69.5.
69.6.
70.
ELECTRICAL SAFETY REGULATIONS
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EPC Contract for JITPL No work shall be carried out on any live equipment. The equipment must be made safe by the Engineer and a permit to work shall be issued before any work is carried out. The Contractor shall employ the necessary number of qualified, full-time electricians to maintain his temporary electrical installation, necessary. The Contractor shall ensure compliance as per I.E Rules. wherever
70.3. 71.
INSURANCE 71.1. The Contractor at his cost shall arrange, secure and maintain comprehensive insurance as may be necessary and for all such amounts to protect his interests and the interest of the Owner, against all risks. Any loss or damage to the equipment, during supply, handling, transporting, storage and erection, till such time the plant is taken over by the Owner shall be to the account of the Contractor. The Contractor shall be responsible for lodging of all claims and make good for the damage or loss by way of repairs and/or replacement of the portion of the works damaged or lost. The transfer of title shall not in any way relieve the Contractor of the above responsibilities during the period of the Contract. The contractor should submit the copies of the receipts of insurance premium paid for the workforce as well as for the materials and works.
72.
INDEMNIFICATION OF OWNER 72.1. The Contractor shall insure all his personnel, Tools and Plants, etc. and shall also take a third party liability cover to indemnify the Owner of all liabilities which may come up due to any act or omission on the part of Contractor and cause harm/damage to other Contractor/representatives of Owner or all or anybody rendering service to the Owner or is connected with Owner's work in any manner whatsoever. The Contractor shall necessarily indemnify the Owner in all these respects and the indemnification and insurance policy shall be to the approval of Engineer. The recommended values for the third party insurance policy to be taken by the Contractor are as follows: a) Maximum liability for injury to any person. b) Maximum liability for any one accident. : Rs.1,00,000/-
72.2.
: Rs.2,00,000/-
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Volume I c) Maximum liability for total : Rs.10,00,000/number of accidents during the Contract period.
If the total liability exceeds Rs.10/- lakhs prior to completion of the work then the
Contractor shall arrange to renew the policy for the same amount to cover the balance completion period. However, irrespective of the value of the policy, the
Contractor shall indemnify the Owner for all liabilities. 73. WORKMEN'S COMPENSATION INSURANCE
73.1. This insurance policy taken by the contractor shall protect the Contractor against all claims applicable
under the Workmen's Compensation Act 1948 or any amendment thereof. This policy shall also cover the Contractor against claims for injury, disability, disease or death of his or his Sub-Contractor's employees, which for any reason are not covered under the Workmen's compensation Act 1948. The liabilities shall not be less than workmens
Compensation as per statutory provisions. 74. COMPREHENSIVE AUTOMOBILE INSURANCE 74.1. This insurance shall be in such a form to protect the Contractor against all claims for injuries, disability, disease and death to members of public including the Owner's men and damage to the property of others arising from the use of motor vehicle during, on or off the site operations, irrespective of the Ownership of such vehicles.
75.
COMPERHENSIVE GENERAL LIABILITY INSURANCE 75.1. This insurance shall protect the Contractor against all claims arising from injuries, disabilities, disease or death of members of public or damage to property of others, due to any act or omission on the part of the Contractor, his agents, his employees, his representatives and Sub-Contractors or from riots, strikes and civil commotion. This insurance shall also cover all the liabilities of the Contractor arising out of the Clause entitled " Defense of Suits". The hazards to be covered will pertain to all the works which and areas where the Contractor, his Sub-Contractors, his agents and his employees have to perform work pursuant to the Contract. The above are only illustrative list of insurance covers normally required and it will be the responsibility of the Contractor to maintain all necessary insurance coverage to the extent both in time and amount to take care of all his liabilities either direct or indirect.
75.2.
75.3.
76.
GUARANTEE
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EPC Contract for JITPL The Contractor shall warranty that the equipments/materials will be supplied in accordance with the Contract documents and the same will be free from defects in material and workmanship for a period of one year from the date of Provisional Acceptance of the works by the Owner. Any defect developed due to defective materials and/or workmanship during testing and commissioning of the equipments or during the guarantee period of one year from the date of Provisional Acceptance of work by the Owner shall be rectified or made good by the Contractor at his own cost. The Contractors liability shall be limited to repair/replacement of any defective part in the equipment of his own manufacture or those of his Sub-Contractor and arising from faulty design, materials and/or workmanship. All costs for the repair and/or replacement of defective parts such as dismantling, re-erection, supply, transportation, etc. shall be to the account of Contractor. A Final Acceptance certificate will be issued only after successful completion of defect liability period. No repairs or replacement shall normally be carried out by the Engineer when the plant is under supervision of Contractor's supervisory engineers. In the event of an emergency, where, in the judgment of the Engineer, delay would cause serious loss or damage, repairs or adjustment may be made by the Engineer or a third party chosen by the Engineer without advance notice to the Contractor and the cost of such work shall be paid by the Contractor. In the event such action is taken by the Engineer, the Contractor will be notified promptly and he shall assist wherever possible in making the necessary corrections. This shall not relieve the Contractor's liability under the terms and conditions of the Contract. If it becomes necessary for the Contractor to replace or renew any defective portion of the plant under this clause the provision of this clause shall apply to the portion of the
plant so replaced or renewed until the expiry of two year from the date of such
76.2.
76.3.
replacement or renewal. The acceptance of the works by the Engineer shall in no way relieve the Contractor of his obligation under this clause. 76.4. If at any time during the guarantee period, it shall appear to the Engineer that any work has been executed with unsound, imperfect or unskillful workmanship or with materials of inferior quality or that any materials or articles provided by him for the execution of the work unsound or of a quality inferior to that contracted for or are otherwise not in accordance with the Contract, it shall be lawful for Engineer, notwithstanding the fact that the work or materials or articles complained of may have been inadvertently passed, certified and paid for the Contractor shall be found forthwith to rectify, to remove and reconstruct the work so specified in whole or in part, as the case may require or, if so required, to remove the materials or articles so specified and provide other proper and suitable materials or articles at his own charge and cost. Page 62
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EPC Contract for JITPL In the event of the Contractor failing to remove the defect within the time specified by the Engineer, the Owner may proceed to undertake the removal of such defect at the Contractor's risk and expense, without prejudice to any other rights and recover the same from performance bank guarantee/other dues. The Contractor shall promptly provide adequate staff at site during the guarantee period to attend to defects, if any. At the end of the Guarantee Period, the Contractors liability ceases except for latent defects. For latent defects, the Contractors liability as mentioned in Clauses 76.1 through 76.6 above shall remain till the end of 5 years from the date of completion of Guarantee Period. In respect of goods supplied by Sub-Contractors to the Contractor, where a longer guarantee (more than 12 months) is provided by such Sub-Contractor. The Owner shall be entitled to the benefit of such longer guarantees.
76.6. 76.7.
76.8.
77.
BANKRUPTCY 77.1. If the Contractor shall become bankrupt or insolvent, or have a receiving order made against him, or compound with his creditors, or being a company or corporation commence to the wound up, not being a member's voluntary winding up for the purpose of amalgamation or reconstruction, or carry on its business under a receiver for the benefit of its creditors or any of them, the Owner shall be at liberty (a) to terminate the Contract forthwith by notice in writing to the Contractor or to the receiver or liquidator or to any person in whom the Contract may become vested or (b) to give such receiver, liquidator or other person the option of carrying out the Contract subject to his providing a guarantee for the due and faithful performance of the Contract up to an amount to be agreed.
78.
NOTICES 78.1. Any notice to be given to the Contractor under the terms of the Contract shall be served by sending the same by registered post or leaving the same at the Contractor's principal place of business (or in the event of the Contractor being a company to or at its registered office). Any notice to be given to the Owner under the terms of the Contract shall be served by sending the same by registered post at the Owner's address.
78.2.
79.
DETAILS CONFIDENTIAL 79.1. The Contractor shall treat the Contract and everything contained therein as private and confidential. In particular the Contractor shall not publish any information, drawing or
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EPC Contract for JITPL photograph concerning the works and shall not use the sites for the purpose of
advertising except with the written consent of the Engineer and subject to such
conditions as he may prescribe. 80. 81. Void CONTRACT PRICE, TAXES & DUTIES 81.1. The Contract Price shall amongst others, include the cost towards Check Survey, soil investigation, design, engineering, fabrication, supply, Inspection, Transportation, receipt, Insurance cover and Storage at site, erection, testing and Commissioning of the works covered under the specification for package as agreed up to date. The Contract Price shall include all taxes and duties inclusive of corporate tax, Income Tax, VAT, WCT, Entry tax (if any) Excise duty, Service Tax, other taxes, fees, cesses, deposits etc. whatsoever, and the Owner shall not be liable for payment for any such taxes or duties. The cost shall also include the cost of charges for obtaining any permit or license etc. The Contract Price shall also include the custom duty on any imported components required for incorporation into the works. The responsibility for obtaining the import license shall rest with the Contractor.
81.2.
81.3.
82.
LIQUIDATED DAMAGES 82.1. If the Contractor fails to complete all the works within the time frame stipulated as completion period or within any extension of time granted by the Owner, the Owner shall levy liquidated damages for breach of Contract without prejudice to any other rights and/or remedies provided for the Contract. The liquidated damages shall be levied at 1/2% (half percent) of the total Contract Price per week of delay subject to maximum of 10% (Ten per cent) of the Contract Price for the entire scope of work. In case of such maximum delay, the Owner may terminate the Contract and the balance work shall be completed by the Owner at the risk and cost of the Contractor. For delay in supply of Spares the liquidated damages shall be levied at the rate of % per each week of delay, of the total cost of the spares upto a maximum of 10% of the total cost of Spares.
82.2.
82.3.
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Volume I 83. TERMS OF PAYMENT 83.1.
The payment to the Contractor for the performance of the works under the Contract shall be made by the Owner as per guidelines and conditions specified herein. All payments made during the Contract shall be on account payee basis only. The final payment shall be made on completion of the whole work as per the Contract and on fulfillment by the Contractor of all his liabilities under the Contract. The Owner shall make progressive payments as and when those are due as per the payment schedule. Payment shall become due and payable by the Owner within 30 days from the date of receipt of Contractor's bills/invoices by the Owner, provided the documents submitted with the invoices are complete in all respects. Verification for completeness of bills/invoices shall be completed within seven days of receipt of the same from the Contractor. In case any discrepancy is noticed, the bills /invoices shall be returned to the Contractor for revision with in seven days of receipt of the same from Contractor.
83.2.
83.3.
84.
EFFICIENCY AND QUALITY OF EQUIPMENT/MATERIALS 84.1. Bidder shall conform to the guaranteed technical particulars, performance or efficiency of different equipment/ materials in response to the Technical Specifications. Goods offered shall have minimum acceptable particulars/ performance/efficiency specified in Technical specification to be considered responsive, otherwise the Bids may be rejected.
85.
INDEMNITY BOND 85.1. For the materials/equipment to be provided by the Contractor and/or for the Owner supplied items, it will be the responsibility of the Contractor to take delivery, unload and store the materials at site and execute an indemnity bond as per Schedule-M, in favour of Owner against loss, damage and risks involved for the full value of the materials. This indemnity bond shall be furnished by the Contractor before
commencement of the supplies and shall be valid till the scheduled date of testing,
commissioning and handing over the transmission line to Owner. 86. SPARES AND SPECIAL TOOLS & TACKLES 86.1. The spares for the Transmission Line, for which the quantity of different materials/items will be confirmed by the Owner during the Contract execution, shall be supplied by the Contractor at the same unit rates as applicable for FOR delivery destination site of such materials/items for use in the Transmission Line, subject to
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EPC Contract for JITPL other terms & conditions of the Contract. Further the cost of unloading, storage, handling, insurance etc. of spares at site till taking over, shall be deemed to be included in the said unit rates.
86.2.
The bidder shall include in his bid any special tools and tackles, if any, for erection, testing, commissioning of the transmission line. The list of such special tools and tackles shall be given in the bid and prices for bringing and using such items for erection and commissioning of the line shall be deemed to be included in the bid price.
87.
LATENT DEFECT WARRANTY 87.1. The period of latent defect warranty in terms of clause 76 shall be limited to 5 years from the date of expiry of Guarantee Period.
88.
CODE REQUIREMENTS 88.1. The erection requirements and procedures to be followed during the installation of the equipment shall be in accordance with the relevant Codes and accepted good engineering practice, the Engineers drawings and other applicable Indian recognized codes and laws and regulation of the Government of India.
89.
FOUNDATION DRESSING & GROUTING 89.1. The surfaces of foundation shall be dressed to bring the top surface of the foundation to the required level, prior to placement of equipment/equipment bases on the foundation. All the equipment bases and structural steel base plates shall be grouted and finished as per these specifications unless otherwise recommended by the equipment manufacturer. The concrete foundation surfaces shall be properly prepared by chipping and/or grinding as required to bring the type of such foundation to the required level to provide the necessary roughness for bondage and to ensure enough bearing strength. All laitance and surface film shall be removed and cleaned. GROUTING MIX The grouting mixture shall be composed of Portland cement, sand and water. The Portland cement to be used shall conform to ISI No.269 or equivalent. Sand shall conform to ISI No.383/2386 or equivalent. The grout proportions for flat bases where the grouting space does not exceed 35 mm shall be 50 Kg bag of cement to 75 Kg of sand. Only the required quantity of water shall be added so as to make the mix quaky and flowable and the mix shall not show excess water on top when it is being puddled in place. For thicker grout beds upto 65 mm, the amount of sand shall be increased to
89.2.
89.3.
89.4.
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EPC Contract for JITPL 105 Kg per bag of cement. Bases which are hollow and are to be filled full of grouting
shall be filled to a level of 25 mm above the outside rim with a mortar mix in the volumetric proportion of one part of cement and 1.5 part sand and 1.5 part 6 mm granite gravel. An acceptable plasticiser may be added to the grout mixes in a proportion recommended by the plasticisers manufacturer. All such grouts shall be thoroughly mixed for not less than five minutes in an approved mechanical mixer and
shall be used immediately after mixing. 89.5. PLACING OF GROUT After the base has been prepared, its alignment and level has been checked and approved and before actually placing the grout a low dam shall be set around the base at a distance that will permit pouring and manipulation of the grout. The height of such dam shall be at least 25 mm above the bottom of the base. Suitable size and number of chains shall be introduced under the base before placing the grout, so that such chains can be moved back and forth to push the grout into every part of the space under the base. The grout shall be poured either through grout holes provided or shall be poured at one side or at two adjacent sides giving it a pressure head to make the grout move in a solid mass under the base and out in the opposite side. Pouring shall be continued until the entire space below the base is thoroughly filled and the grout stands at least 25mm higher all around than the bottom of the base. Enough care should be taken to avoid any air or water pockets beneath the bases. 89.6. FINISHING OF THE EDGES OF THE GROUT The poured grout should be allowed to stand undisturbed until it is well set. Immediately thereafter, the dam shall be removed and grout, which extends beyond the edges of the structural or equipment base plates shall be cut off, flushed and removed. The edges of the grout shall then be pointed and finished with 1:2 cement mortar pressed firmly to bond with the body of the grout and smoothened with a tool to present a smooth vertical surface. The work shall be done in a clean and scientific manner and the adjacent floor spaces, exposed edges of the foundations, and structural steel and equipment base plates shall be thoroughly cleaned of any spillage of the grout. 89.7. CHECKING OF EQUIPMENT AFTER GROUTING After the grout is set and cured, the Contractor shall check and verify the alignment of equipment, alignment of shafts of rotating machinery, the slopes of all bearings, Jindal India Thermal Power Limited Page 67
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EPC Contract for JITPL pedestals, centering of rotors with respect to their sealing bores, couplings etc. as applicable and the like items to ensure that no displacement has taken place during grouting. The values recorded prior to grouting shall be used during such post grouting checkup and verification. Such pre and post grout records of alignment details shall be maintained by the Contractor in a manner acceptable to the Engineer.
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SECTION IV - TENDER SPECIFICATION

(Specification for Construction of 400 KV Double Circuit Transmission Line from Derang To Angul
1.0
Intent The Jindal India Thermal Power Limited (JITPL) hereinafter referred to as the Owner, intends to construct the 400 KV D/C (Twin ACSR moose) Transmission line from Derang To Angul and intends to invite bids for supply of tower material, tower accessories, insulators, Twin ACSR Moose conductor and 7/3.66 mm GI earthwire, conductor/earthwire accessories and insulator hardwares and complete erection of the line. The general conditions of contract are stipulated in separately in the Tender document. In case of conflict, the stipulations of this Section shall prevail.
2.0
Bidder's Scope The tender specification covers 2.1 The check survey to be completed before commencement of work to arrive at tower quantities with types of tower (if required), types of foundation etc. Further, any additional detailed survey for modification /diversion required during execution is also within Contractor's scope. During check survey necessary level should be taken by the Contractor to ascertain sufficient clearances from all points of view. (Detailed survey including route alignment, profiling and tower spotting etc. has already been completed by the Owner) Mass fabrication and supply of normal 400 kV single / double circuit typetested towers, its extensions as per the structural drawings provided by the Owner, design of special tower (if required), fabrication and supply special towers & its extensions (if required ) suitable for Twin ACSR Moose conductor and two 7/3.66 mm GI earthwires. In case the Contractor is having his own tested designs he may provide a separate quote (both techno commercial and price bids) for the same apart from the quote based on Owner supplied designs. In such case the Contractor should obtain the Owners approval for the drawings before fabrication and supply. In all those cases where strengthening of tower or design for any special towers is required to negotiate the
2.2
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EPC Contract for JITPL valleys/hilly terrains/river crossings etc., the Contractor shall do the same and supply the special towers, if any accordingly at no extra cost.
2.3 Clearing of site, casting of suitable foundation in different type of soils for normal / special towers ,design of foundations for special towers (if required)
2.4
2.5
2.6
and casting of it, erection of Normal and special towers, stringing and commissioning of Transmission line .by using Twin ACSR Moose conductor, 7/3.66 mm GI earthwire , insulators etc. The cost of cutting of trees, stacking of cut trees, clearing of debris and transportation of cut trees (if required) shall be borne by Contractor. Design of special tower, tower extensions, strengthening of towers, foundation for special tower if required and also for normal towers if necessary at no extra cost to the Owner. Supply of Twin ACSR Moose conductor, 7/3.66 mm GI earthwire, insulators, Insulator hardwares, conductor and earthwire accessories, as per approved drawing and specifications covered in this bid document. Supply of tower accessories, generally as per drawings and specifications covered in this bid document. Accessories & insulator hardwares, generally as per drawings and specifications covered in this bid document and installation of the same on the towers at the time of erection.
3.0
The equipment to be supplied by the Contractor shall meet the following requirements: 3.1 Towers 3.1.1 The, D/C 400kV normal towers and its extensions shall be fabricated and supplied as per structural drawings provided by the Owner. Special towers, tower extensions and strengthening of towers ( if required )shall be designed at no extra cost to the Owner as per Technical details given in Section 3 of Technical Specifications.
3.2
Conductor, earthwire, insulators, Insulator hardwares, conductor & earthwire accessories 3.2.1 The Twin ACSR Moose conductor shall be in line with the parameters listed in Section V of Technical Specifications and as per relevant standards listed in the specification.
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Volume I 3.2.2
EPC Contract for JITPL The 7/3.66 mm GI earthwire shall be in line with the parameters listed in
Section VI of Technical Specifications and as per relevant standards
listed in the specification.

3.2.3 The 120 KN and 160 KN antifog insulators shall be in line with the parameters listed in Section VII of Technical Specifications and as per
relevant standards listed in the specification.

3.2.4 The insulator hardwares shall be suitable for Twin ACSR Moose conductor and 120 KN and 160 KN antifog disc insulators and shall be
3.2.5
in line with the parameters listed in Section VIII of Technical Specifications and generally as per drawings enclosed and relevant standards listed elsewhere in this specification. The conductor and earthwire accessories shall be suitable for Twin ACSR Moose conductor and 7/3.66 mm earthwire and shall be in line with the parameters listed in Section VIII of Technical Specifications as well as standards listed elsewhere in this specification.
3.3
3.4
3.5
3.6
All the materials in the Contractor's scope of supply shall be procured from reputed manufacturers and suppliers to PGCIL, MSETCL etc., having at least 5 years experience of supplying similar equipment for 400 kV transmission lines. Detailed dimensional drawings of all material to be supplied by Contractor shall be got approved by the Contractor from Owner type testing or type test certificates of the same are to be produced before getting the approval . All material covered under Contractors scope of supply shall be satisfactorily type tested or type test certificates conducted with in one year are to be produced as per relevant standards in presence of Owner's representatives before selecting a vendor. However contractor needs to obtain dispatch clearance certificate from the owners inspection engineer before dispatching any materials to site. Such materials received at site with out the clearance from Inspection Engineers will be straight away rejected. Inspection engineers will conduct inspection in the factory/manufacturing premises to ascertain the quality and dimensions etc. and issue a certificate with that effect
4.0
Construction 4.1 The transmission line shall be constructed with the best Industry practice generally as per details given in Technical Specifications, keeping in view the various statutory clearances required en-route. Page 71
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4.2
Statutory clearances and way leave The statutory clearances like forest clearance, clearance from Aviation Authorities, PTCC clearances, clearance from Railway Authorities, wherever required, shall be arranged by the owner or owner deputed engineer. However all the necessary assistance like preparation of drawings, collection and submission of technical and any other details in the formats of the statutory bodies are to the responsibility of the contractor Any way leave problems; obstructions etc. shall be cleared by the Contractor. The Owner shall extend necessary help as maybe required by the Contractor. However, the entire responsibility of clearances including any payments such as expenditure required for collection of land documents from revenue department, charges for police protection (if required) etc. shall rest with the Contractor.
4.3
Tree cutting and compensation thereof : The Contractor shall assist Owner for fixing the tree/crop compensation through Revenue/Horticulture Department or any other appropriate authorities. The compensation shall be paid subsequently by the Owner. However, the cost of cutting the trees, stacking of cut tree, clearing debris & transportation of cut trees (if required) would be borne by the Contractor.
5.0
Line profile 5.1 Data on the route alignment and ground profile would be supplied by the Owner along with Letter of Intent/ Notification of Award.
6.0
Completion period 6.1 The line from Derang To Angul shall be completed within 10 (Ten) months from the date of issue of NTP including monsoon period.
6.2
Time is essence
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EPC Contract for JITPL The time stipulated in the contract for the completion of works shall be deemed
to be the essence of the contract. The Contractor shall so organize his resources
and perform his work as to complete it not later than the date agreed to. 6.2.1 The Contractor shall submit a detailed PERT network/barchart within the time frame agreed consisting of adequate number of activities covering various key phases of work & also clearly indicating the completion period for various groups of activities. This network shall also indicate the inter face facilities to be provided by the Owner and the dates by which such facilities are needed. The Contractor shall discuss the network so submitted with the Owner and the agreed network which may be in the form as submitted or in revised form in line with the outcome of discussions shall form part of the contract. During the performance of the contract, if in the opinion of the Engineer proper progress is not maintained, suitable changes shall be made in the Contractor's operations to ensure proper progress. The above PERT network/Barchart shall be reviewed and periodic review reports shall be submitted by the Contractor as directed by the Engineer.
6.2.2
6.3
Barchart indicating detailed programme of project implementation shall be furnished by the bidder in his offer. The barchart shall include, but not be limited to, following items with dates of commencement and completion shown against each: 1. 2. 3. 4. 5. 6. 7. 8. Conducting check survey Tower spotting activity with soil investigation. Fabrication & supply of stubs for towers (commencement after 30 % of check survey) Stub setting and tower foundation (commencement after 20 % of check survey) Supply of normal tower, tower extensions (commencement after 40 % of stub settings) Erection of towers (commencement after 50 % of stub settings) Design of special towers and special foundations (if any). Supply of conductor, earthwire, insulators, insulator hardwares, conductor & earthwire accessories (commencement after 20% of tower erection)
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Volume I 9.
EPC Contract for JITPL Stringing of conductor alongwith hoisting of insulator with hardwares &
installation of accessories and tree cutting with clearing of site
(Commencement after 40%% of tower erection) 10. Testing & commissioning. 7.0 Bill of Materials
7.1 The bidder shall quote prices against each of the items in a detail for supply &
erection work respectively.

7.2 The unit prices & total costs shall be applicable for supply, erection, casting of foundation (including soil investigation if necessary) in various soils fixing of
accessories for all types of towers as indicated in the Tower Schedule enclosed. Quantity wise break up of probable types of soils for different types of towers is given in enclosed Schedule-A for the assessment purpose of the bidder. Type of
earthings and foundation to be cast for any location will have to be got approved
from the concerned engineer in charge at site.

7.3 The unit price & cost of benching & protection to tower foundation near nallas,
riverbeds hilly/undulated terrain etc required at few locations shall be quoted by the Bidder. 7.4 Tentative quantities of normal towers in numbers, special tower in tonnes, quantity of benching & tower footing protection in cubic mtr. and stringing of two earthwires with installation of earthwire accessories and Twin ACSR Moose conductors with installation of hardware and conductor accessories for (D/C) in route kms. are indicated in the same schedule. Tentative quantities of conductor, earthwire, insulators, insulator hardwares, and conductor & earthwire accessories to be supplied by the Contractor are also indicated in the same schedule. The Contractor should asses the exact quantity after check survey for procurement. The Owner will not retain any extra material procured by the Contractor and not utilized and no cost will be paid for it. The Contractor shall take back the extra material. Any variation in these quantities duly justified by Contractor and certified by concerned engineer in charge shall be paid at the unit rates quoted by the bidder in the price schedule.
7.5
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Volume I 7.6
EPC Contract for JITPL The discount offered (if any) by the bidder in his offer shall be on the percentage basis of the cost quoted by him exclusive of taxes and duties.
8.0
Void 9.0
Terms of payment
9.1
For Supply of material/equipment (i) 5% of the cost for supply of materials/equipment may be provided as
advance for mobilization purposes, if the bidder so opts, after award of contract against an Advance Bank Guarantee of equivalent amount after submission of Performance Bank Guarantee and entering into contract
agreement. This amount shall be interest free. Prior to any advance payment, the Contractor shall provide an unconditional and irrevocable bank guarantee as per Schedule L from a Nationalized/Scheduled Bank in an amount equal to one hundred percent (100%) of the advance payment value. Such bank guarantee shall be returned upon repayment/ adjustment of the complete advance amount. (ii) 60% of the cost for supply of materials/equipment to be paid within 30 days against the receipt and acceptance at site. (iii)25% of the cost of supply of materials/equipment to be paid within 30 days against successful erection. (iv)The balance 10% of the cost of supply of materials/equipment shall be paid within 60 days upon successful commissioning and after adjusting the outstanding advance if any. 9.2 For civil works / services (erection, testing and commissioning) (i) 5% of the erection charges may be provided as advance for mobilization purposes, if the bidder so opts, after establishing site office, site stores, commencement of stub setting work and certification by Engineer that satisfactory mobilization for erection as mentioned above, against an Advance Bank Guarantee of equivalent amount. This amount shall be interest free. Prior to any advance payment, the Contractor shall provide an unconditional and irrevocable bank guarantee as per Schedule L from a Nationalized/Scheduled Bank in an amount equal to one hundred percent (100%) of the advance payment value. Such bank guarantee shall be returned upon repayment/ adjustment of the complete advance amount. (ii) 75% of the Charges towards erection portion completed shall be paid within 60 days from the date of completion, on those works/. Jindal India Thermal Power Limited Page 78
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(iii)Balance 20% of Erection charges (for the completed works) shall be paid within 60 days after successful commissioning of the works. Note: The 30 days period mentioned for payments shall be reckoned from the date of successful clearance of verification of documents.
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Volume I SCHEDULES (A TO O) INDEX Sr. No. 1.0 2.0 3.0 4.0 5.0 6.0 7.0 8.0 9.0 10.0 11.0 12.0 13.0 14.0 15.0 Description/Title
Schedule A : Schedule B : Schedule C : Schedule D : Schedule E : Schedule F : Schedule G: Schedule H: Schedule I : Schedule J : Schedule K : Schedule L: Schedule M: Schedule N: Schedule O:
Tower Schedule Tender Form Void Qualifying requirement data schedule (Form 1 to 8) Schedule of unit prices and tax break up Bid Security form Performance security form Proforma of Consortium Agreement Power of Attorney for Lead Member Power of Attorney for each of the other Members of the Consortium Performance Security form for Consortium Members Proforma of B.G. for Advance payment Proforma of Indemnity bond Format for Undertaking Format for Submission of Financial Bids
______________________________________________________________________
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SCHEDULE A Tower Schedule (As given in Volume II)
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SCHEDULE- B TENDER FORM To, Jindal India Thermal Power Limited Plot No. 12, Sector B-1, Local Shopping Complex, Vasant Kunj, New Delhi 110 070 Sub: Turnkey construction work of [Insert Requisite Package Name] Dear Sir, 1. Having examined the General Conditions of Contract, Technical Specifications, Tower
Schedule and other drawings for the execution of the above mentioned works, we, the undersigned, offer to execute completely and maintain the whole of the said works in conformity with the General Conditions of Contract, Tower Schedule, Drawings, Scope of
Work and Technical Specifications, and other drawings.

2. We agree that the Bid submitted does not contain any deviations from the terms and conditions or scope of work or specifications or any other information provided in the RFP
document.
3. Bid Security in the form of D.D. / Bank Guarantee in favour of JITPL
payable at Delhi as detailed in Request For Proposal (RFP) document is enclosed.

4. We agree to abide by this Bid for the period given in the RFP document from the opening date fixed for receiving the same and it shall remain binding upon us for a mutually
extended period, agreed in writing by us. 5. If our Bid is accepted, we undertake to commence, complete and deliver the whole of the Works, comprised in contract within specified period in the RFP document from the date of issue of Letter of Acceptance. 6. If our Bid is accepted we will, obtain and arrange; a. Performance Bank Guarantee as defined. b. Insurances. c. Licenses. d. Any other statutory obligations, if any, prior to commencement of Works as per the RFP document.
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7. We agree to your right to forfeit our Bid Security without prejudice to any other right or remedy for the following failures on our part. 8. Bid Security is less than as specified in the RFP. 9. Withdrawal or Changes to Bid are made within Validity Period 10. Work is not commenced within specified period as given in Data Sheet 11. Obligations under (5) above are not fulfilled. 12. Unless and until a formal Contract Agreement is prepared and executed, this Bid together with your written acceptance thereof, shall constitute a binding contract between us. 13. We understand that you are not bound to accept the lowest or any tender you may receive and reserve the right to reject all bids and reinvite tenders without assigning any reasons.
Authorised Signatory to Bid (Authorized by the Board resolution to sign and bind the Bidder for the Bid dated..) Signature dated Designation/Capacity Name Address WITNESS 1 Signature Name Date WITNESS 2 Signature Name Date Address Address
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EPC Contract
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SCHEDULE- D QUALIFYING REQUIREMENT DATA SCHEDULE Name of Project: Name of Bidder & Address: - Form No. 1
DETAILS OF FULFILLMENT OF FOLLOWING CONDITIONS.
Sr. No. 1
Particulars of registration Electrical Contractors license issued by Govt. of ORISSA. Orissa Value Added Tax(OVAT) Act 2005
Registration No.
Period of Validity From To
Service Tax Act.
Any other Taxes 3 P.F. Act
SIGNATURE & SEAL OF THE BIDDER DATE

PLACE
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Volume I SCHEDULE- D
QUALIFYING REQUIREMENT DATA SCHEDULE- Form 2 Name of Project: Name of Bidder & Address:
DETAILS OF EXPERIENCE IN RESPECT OF FABRICATION & SUPPLY OF TOWER MATERIAL A Indicate source of the Tower Structure Supply Owned Associate -
Please specify. Please Tick B 1 Yes
Details of source i.e. Manufacturer of tower material Name & Address: Telephone No .. Fax No. .. Contact person-
2 Equipment Capacities: (a) Manufacturing Capacity/Year: (b) Quantity manufactured, tested and supplied by manufacturer during last three years: Sr. No Year (specify) Voltage class of Towers Structure Quantity MT Supplied to
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(C)
Details of current commitments
Sr. No .
Customer Order Ref.
Order Value
Tonnage Date of Order
Date of completion / Expected date of completion

PLACE
Page 88
QUALIFYING REQUIREMENT DATA SCHEDULE Form No. 3 Name of Project: Name of Bidder & Address:
DETAILS OF TOOLS-PLANTS AND INFRASTRUCTURE AVAILABLE Sr. No Particulars of Tools, Plants, Machinery available Capacity Rating, if any Quantity available Make

PLACE
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QUALIFYING REQUIREMENT DATA SCHEDULE Form No. 4 Name of Project: Name of Bidder & Address:
The following is the list of orders executed by us for 400kV and above voltage transmission line, the details of which are furnished in the support of Qualifying Requirement. Scope of Work Profiling & Spotting Total Brief Line Survey details of Tower Length in Scope of Design Ckt. KM work 6 8 7 9
Sr. Custo Order no mer Ref. & Date 12 3
Order Line value Volt. (Rs. (KV) Lakhs) 4 5
Tower foun- Strin Date of dations & ging commiss Ioning erection 11 12 10
Remarks: 1) Copies of Owners/User's certificates (Performance certificate from clients) to be enclosed. 2) Bidder is requested to indicate Yes/No regarding scope of work
SIGNATURE & SEAL OF THE BIDDER DATE: PLACE:
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QUALIFYING REQUIREMENT DATA SCHEDULE- Form No. 5 Name of Project: Name of Bidder & Address:
DETAILS OF KEY EXPERIENCED MANAGERS EMPLOYED BY THE BIDDER
Sr. No.
Name of person with designation
Educational Qualification
Date of joining Details of the organization project executed with voltage class
1 2 3 4 5

PLACE
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QUALIFYING REQUIREMENT DATA SCHEDULE Form No. 6 Name of Project: Name of Bidder & Address: DETAILS OF FULFILLMENT OF CONSORTIUM CONDITIONS Sr.No . 1 2 Name of joint venture / associate 3 Details of Qualifying Requirements fulfilled by the principal bidder 1) 2) 3) Details of Qualifying Requirements fulfilled by the associate 1) 2) 3) Particulars Remarks
Name of principal /lead bidder
NOTE: The principal /lead bidder alongwith associate shall fulfill all the Qualifying Requirements jointly.
SIGNATURE & SEAL OF THE BIDDER DATE PLACE
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SCHEDULE- D QUALIFYING REQUIREMENT DATA SCHEDULE Form No. 7 Name of Project: Name of Bidder & Address:
DETAILS OF ANNUAL TURNOVER FOR LAST THREE YEARS IN POWER TRANSMISSION SECTOR Sr.No. 1 2 3 4 Financial Year (Specify) Annual Turnover (in Rs. Lakhs)
Average Annual Turnover for last three financial years: RsLakhs
NOTE: The above details should be duly certified by the Chartered Accountant.
SIGNATURE & SEAL OF THE BIDDER DATE PLACE
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QUALIFYING REQUIREMENT DATA SCHEDULE Form No. 8 Name of Project: Name of Bidder & Address: DETAILS OF NET WORTH Sr. No. Financia l Year Equity Capital * Reserves * Revaluatio n Reserves * Intangibl e assets * Misc. Exp.to the extent not written off & carry forward lossess * Net Worth *
1 2 3 4
( * All the figures are in Rs. lakhs.) NOTE: The above details should be duly certified by the Chartered Accountant. 2. Details of comfort letter from a Nationalized Bank / Scheduled Bank A) Name of a Bank with address & telephone /fax no. : B) Amount for which the Bank agrees to provide adequate cash flow. : C) Letter from a Bank is Enclosed Yes / No
SIGNATURE & SEAL OF THE BIDDER DATE PLACE Jindal India Thermal Power Limited Page 94
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SCHEDULE E SCHEDULE OF UNIT PRICES AND TAX BREAKUP Note : The bidder shall indicate the unit rate for all the equipments /material to be supplied against this specification / and also unit rate for erection, testing & commissioning of each item so as to enable calculation of revised order value due to any increase/decrease in scope of work that may become necessary during execution. Name of the Package : ----------------------(to be submitted for each Package separately) Format For Bi-furcation of Taxes For Supply Portion: Sr. No. Item DescRiption Qty. Unit Ex. Works / Quoted Unit Price (Rs..) 3 4 5 Exice Freight Duty @ Charges ---% and (Rs.) value (Rs.) 6 7 VAT/CST @ --- @ ---% % & value and (Rs.) value (Rs.) 8 9 Insurance Total Net Total Unit Rate Amount Payable (Qty.x Net (Rs.) Unit Rate) (Rs.) 10 11 = (3x10)
2 Items As per Schedule A& BoQ
For Erection Portion : Sr. No. Item Qty. Unit Quoted Descunit Riptiprice on (Rs.) 1 2 Items 3 4 5
VAT on Material Portion @ --% and value (Rs.) 6
Service tax on Labour portion @ --- % & value (Rs.) 7
Total Net Unit Rate Payable (Rs.) 8
Total Amount (Qty.x Net

Unit Rate)
(Rs.) 9 = (3x9)
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Volume I As per Schedule A and BoQ Date: Place:
Signature:_________________ Designation______________ Company Seal:____________
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Volume I SCHEDULE F
BID SECURITY FORM (BANK GUARANTEE IN LIEU OF BID SECURITY EQUIVALENT TO Rs. 30 Lakhs (On Non-judicial stamp paper of Rs 200) Ref....................... Date...................... Bank Guarantee No......... In accordance with invitation to Bid for the work of construction of [Package name] as per scope of tender No.--------- in accordance with the tender specification ________________________ Messers (Bidders) ______________________ or Mr.____________________ Address _______________________ Director(s) _________________wish/wishes to participate in the said tender and as a bank guarantee for the sum of Rs.........(in words Rs......................) as specified in the invitation to Bid valid for..................... days from....... is required to be submitted by the tenderer, this bank hereby guarantees and undertakes, during the above said period, to immediately pay on written request by Jindal India Thermal Power Limited; Owner) the amount ................................... to the said Transmission Co. Ltd; without any reservations. This guarantee would remain valid upto 4 P.M. on............. (this date shall be 2 months after last date for submission of bid) and if any further extension to this is required, the same will be extended on receiving instructions from the ..........................................on whose behalf this Guarantee has been issued. Witness: ......................
(Signature)
(Signature)
(Name) Mailing address including Fax No. (Official Address)
(Name) H.O.of Bank(Seal of the Bank)
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Volume I SCHEDULE G PERFORMANCE SECURITY FORM
(PERFORMANCE GUARANTEE IN LIEU OF SECURITY DEPOSIT) (On Non-judicial stamp paper of Rs 200) The Bank of ...................(Name & Address) hereby agree unequivocally and unconditionally to pay, at Delhi with in 48 hours, on demand in writing from the Jindal India Thermal Power Limited, or any Officer authorized by it in this behalf, of any amount up to and not exceeding Rs...........(in Words) Rupees................................. to the said Transmission Company Ltd on behalf of M/s................. who have tendered and/or contracted or may tender or contract hereafter for unit scope of works for the Jindal India Thermal Power Limited; against order No................... dated............. . Total value of order is Rs....................... This agreement shall be valid and binding on this Bank up to and including...............and shall not be terminable by notice or any change in the constitution of the Bank or the firm of contractors or by any other reasons whatsoever and our liability hereunder shall not be impaired or discharged by any extension of time or variations or alterations made, given, concerned or agree with or without our knowledge or consent, by or between parties to the said written contract. The validity of this Bank Guarantee will be extended by us for the further period, of six months, one month prior to its present validity period at the request of Jindal India Thermal Power Limited. In case of any dispute arising out of or in connection the extension or encashment of Bank Guarantee, the courts in Delhi will have jurisdiction. Our liability under this Guarantee is restricted to 10% value of Contract Rs..................... (Rs..................... only (in words)). Our Guarantee shall remain in force until................
Date: Address:
Signature:................... Name & Designation:..................................
Fax no.:...................
(For:.......................... (Banker's Rubber Seal) Page 98
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WITNESS: (Signature) (Name) (Official Address)
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SCHEDULE 'H' PROFORMA OF CONSORTIUM AGREEMENT BY THE MEMBERS ALONGWITH THE BIDDER (On Non-judicial stamp paper of Rs 200) This Agreement entered into this _____day of _______ 200__ at ______ Among (hereinafter referred as__________) and having office at ______________, India Party of the First Part And
(hereinafter referred as__________) and having office at ______________, India
Party of the Second Part The parties are individually referred to as Party and collectively as Parties. WHEREAS Jindal India Thermal Power Limited (JITPL) having its Registered office at Delhi, (hereinafter called the "Owner" which expression shall include its successors, executors and assigns) invited bids as per its specification No..for the [Package Name] AND WHEREAS the Parties have had discussions for formation of a Consortium for bidding for the said Project and have reached an understanding on the following points with respect to the Parties rights and obligations towards each other and their working relationship. AND WHEREAS Tender document interalia stipulates that the Parties must fulfill the qualifying requirements and be jointly and severally bound and responsible for the successful performance of the contract in the event the bid is accepted by the Owner resulting in a "Contract". AND WHEREAS the bidder has submitted its bid to the Owner dated ............... based on the Consortium of the members. vide Proposal No..................
NOW THEREFORE THIS UNDERTAKING WITNESSETH AS UNDER: 1) In consideration of the award of Contract by the Owner to Bidder (hereinafter referred to as the "Contract") the Parties do hereby declare that we shall be jointly and severally bound unto the JITPL (Owner) for the successful performance of the Contract and shall be fully
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responsible for the design, manufacture, erection, testing and successful performance of the 440 KV line in accordance with contract specifications.
2) In case of any breach of the Contract the Parties do hereby agree to be fully responsible for successful performance of the Contract and undertake the Contract in order to discharge each Partys obligations stipulated in the contract. Further if the Owner suffers any loss or damage on account of any breach in the contract the Parties jointly and severally undertake to pay such loss or
damage to the Owner on its demand without any demur.

3) Without in anyway affecting the generality and total responsibility in terms of this Agreement, the Parties in particular hereby agrees to ensure proper design, manufacture, erection, testing and successful performance of the material package in accordance with contract specifications and
implement necessary corrective measures to discharge the obligations under the Contract.
4) The financial liability of the Parties to Owner with respect to any and all claims arising out of the performance or non performance of the obligations set forth in this Agreement read in conjunction with the relevant provisions of the contract, shall however, be limited to the extent of 100% price of the supply portion as established in the contract awarded by the Owner in terms of the Contract and
this Agreement.
5) This Agreement shall be construed and interpreted in accordance with the laws of India and the
courts in Delhi shall have exclusive jurisdiction in all matters arising under the Agreement.
6) As security, the each Party shall, apart from the Contractor's performance guarantee, furnish
contract performance guarantee from its Bank in favour of the Owner in a form acceptable to it. The value of such guarantee shall be equal to 2% of the total contract value as established in the 'Contract' awarded by the Owner to the Contractor and it shall be part of guarantee towards the faithful performance/ compliance of this Agreement in terms of the 'Contract'. The guarantee shall be unconditional, irrevocable and valid for the entire period of the Contract, namely till the end of the warranty of the works under the Contract. The bank guarantee amount shall be payable to the Owner on demand without any reservation or demur. 7) We, the Parties agree that this Agreement shall be irrevocable and shall form an integral part of the contract and further agree that this Agreement shall continue to be enforceable till the Owner discharges and it shall become operative from the effective date of the contract. IN WITNESS WHEREOF the Parties have, through their authorised representatives, executed these presents and affixed common seal of their respective Companies, on the day, month and year mentioned above. Jindal India Thermal Power Limited Page 101
Volume I
. (Party of the first part) WITNESS
. (Party of the second part)
1. ........................For Bidder/Contractor (Signature) ......................... ........................... (Name in Block Letters) (Signature of the Authorised Representative)
........................... .......................... (Official Address) (Name)
........................... (Designation)
Common Seal of the Company
2. ........................For Bidder/Contractor (Signature) ......................... ........................... (Name in Block Letters) (Signature of the Authorised Representative)
........................... .......................... (Official Address) (Name) ........................... (Designation)
Common Seal of the Company
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Volume I
EPC Contract for JITPL SCHEDULE 'I' FORM OF POWER OF ATTORNEY FOR LEAD MEMBER (On Non-judicial Stamp Paper of Appropriate value)
Know all men by these presents, We.(name and address of the registered office) do
hereby constitute, appoint and authorise Mr. / Ms(name and residential address) as our true and lawful attorney, to do in our name and on our behalf, all such acts, deeds and things necessary in connection with or incidental to submission of our Bid for the Project in response to the Request For Proposal (RFP) dated _______________ issued by Jindal India Thermal Power Limited (referred to as JITPL) Construction of ................................... Package 1 of Jindal India Thermal Power Limited. having their Registered Office Plot No. 12, Sector B-1, Local Shopping Complex, Vasant Kunj, New Delhi 110 070 (hereinafter called the "Owner"), including signing and submission of the Bid and all documents specified in the RFP, including, undertakings, letters, certificates, acceptances, clarifications, guarantees, etc, making representations to JITPL and providing information / responses to JITPL, representing us in all matters before JITPL named in the RFP, and generally dealing with JITPL in all matters in connection with our Bid and to
undertake the following acts: i) To submit proposal and participate in the aforesaid Bid Specification of the Owner on behalf of the "Consortium". To negotiate with the Owner the terms and conditions for award of the Contract pursuant to the aforesaid Bid and to sign the Contract with the Owner for and on behalf of the "Consortium". To do any other act or submit any document related to the above. To receive, accept and execute the Contract for and on behalf of the "Consortium".
ii)
iii)
iv)
We hereby agree to ratify all acts, deeds and things done by our said attorney pursuant to this Power
of Attorney and that all acts, deeds and things done by our aforesaid attorney shall and shall always
be deemed to have been done by us.

All the terms used herein but not defined shall have the meaning ascribed to such terms under the
RFP.
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It is expressly understood that this Power of Attorney shall remain valid, binding and irrevocable till completion of the Defect Liability Period in terms of the Contract.
The Lead Member hereby agrees and undertakes to ratify and confirm all the whatsoever the said Attorney/ Authorised Representative/Partner in-charge quotes in the bid, negotiates and signs the
Contract with the Owner and/or proposes to act on behalf of the Consortium by virtue of this Power of Attorney and the same shall bind the Consortium as if done by itself.
Signed by the within named _____________________[Insert the name of the executant] through the hand of Mr ._____________________ duly authorised signatory Dated this ___ day of 2008
Accepted Signature of Attorney (Name, designation and address of the Attorney) Attested (signature of Executant) (Name, designation and Address of the Executant)
Signature and stamp of Notary of the place of execution
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SCHEDULE 'J' FORM OF POWER OF ATTORNEY FOR EACH OF THE OTHER MEMBERS OF THE CONSORTIUM IN FAVOUR OF THE LEAD MEMBER (On Non-judicial Stamp Paper of Appropriate value) WHEREAS Jindal India Thermal Power Limited ( referred to as JITPL) have issued Request For Qualification dated _______(RFQ) and Request For Proposal dated ____ (RFP) for inviting the bids in respect of Construction of ................................... Package of Jindal India Thermal Power Limited named in the RFP on the terms and contained in the RFP and the RFP Project Documents (as defined in RFP); AND WHEREAS ___________, and ________________ [Insert names of all members of Consortium] the members of the Consortium are desirous of submitting Bid in response to the RFP, and if selected, undertaking the project as per the terms of RFP and RFP Project Documents;
AND WHEREAS all the members of the Consortium have agreed under the Consortium Agreement
dated _____ entered into between all the members and submitted to JITPL in response to the RFP, to appoint ______ [Insert the name] as Lead Member to represent all the other members of the Consortium for all matters regarding the RFP and the Bid; AND WHEREAS pursuant to the terms of the RFP, we hereby designate M/s ________ (insert name of the Lead Member] as the Lead Member to represent us in all matters regarding the Bid and the RFP, in the manner stated below:Know all men by these presents, We. (name and address of the registered office) do hereby constitute, appoint and authorise [name and registered office address of the Lead Member], which is one of the members of the Consortium, to act as the Lead Member and our true and lawful attorney, to do in our name and on our behalf, all such acts, deeds and things necessary in connection with or incidental to submission of Consortiums Bid for the Project in response to the Request For Proposal dated _______________ issued by Jindal India Thermal Power Limited (RFP), including signing and submission of the Bid and all documents specified in the RFP, including, undertakings, letters, certificates, acceptances, clarifications, guarantees, etc, making representations to JITPL, and providing information / responses to JITPL, representing us and the Consortium in all matters before JITPL, and generally dealing with JITPL in all matters in connection with our Bid for the said Project, till completion of the bidding process in accordance with the RFP and signing of all the RFP Project Documents by all the parties thereto.
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We hereby agree to ratify all acts, deeds and things done by our said attorney pursuant to this Power
of Attorney and that all acts, deeds and things done by our aforesaid attorney shall and shall always
be deemed to have been done by us.

All the terms used herein but not defined shall have the meaning ascribed to such terms under the
RFP. for and on behalf of the Member of Consortium ..................................... .................................. ..................................
The Common Seal of the Members of the Consortium: The Common Seal has been affixed there unto in the presence of: WITNESS 1. Signature........................................ ...........................................Name Designation .................................... Occupation .................................... Signature ....................................... ............................................Name Designation ..................................... Occupation ......................................
2.
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Volume I SCHEDULE K
PERFORMANCE SECURITY FORM FOR ASSOCIATE MEMBER (B.G. TO BE SUBMITTED BY ASSOCIATE MEMBER FOR VALUE EQUIVALENT TO 2% OF TOTAL CONTRACT VALUE) (To be Stamped on Rs 200 Stamp Paper)
The Bank of ...................(Name & Address) hereby agree unequivocally and unconditionally to pay, at Delhi with in 48 hours, on demand in writing from the Jindal India Thermal Power Limited; or any Officer authorised by it in this behalf, of any amount upto and not exceeding Rs........... (in Words) Rupees ............ to the said company; on behalf of M/s................. who have associated with M/s ................., who have tendered and/or contracted or may tender or
contract hereafter for unit scope of works for the Jindal India Thermal Power Limited; against order No................... dated......... . Total value of order is Rs........................................ This agreement shall be valid and binding on this Bank upto and including.............. and shall not be terminable by notice or any change in the constitution of the Bank or the firm of contractors or by any other reasons whatsoever and our liability hereunder shall not be impaired or discharged by any extension of time or variations or alterations made, given, concerned or agree with or without our knowledge or consent, by or between parties to the said written contract. The validity of this Bank Guarantee will be extended by us for the further period, of six months, one month prior to its present validity period at the request of Jindal India Thermal Power Limited. In case of any dispute arising out of or in connection with the extension or encashment of Bank Guarantee, the courts in Delhi will have jurisdiction. Our liability under this Guarantee is restricted to 2% value of total Contract price i.e. Rs............... (Rs ................ only). Our Guarantee shall remain in force until................ Date: Address: Signature:................... Name & Designation:.......... (For:.......................... (Banker's Rubber Seal) Fax no.:...................
WITNESS:
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Volume I (Signature) (Name) (Official Address)
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Volume I
SCHEDULE L PROFORMA OF BANK GUARANTEE FOR ADVANCE PAYMENT (On Non-judicial stamp paper of Rs 200)
WHEREAS under Order / Letter of Award/ Intent No.--------------------------- dated --------------------- for Execution of the work of [Insert Package Name] Package(-----------Line, --------------- Line, ----------- Line) on M/s. -----------------------------------(Address of contractor) with their Registered Office at -----------------------------, (hereinafter referred to as The Contractor) by Jindal India Thermal Power Limited having their Registered Office at Plot No. 12, Sector B-1, Local Shopping Complex, Vasant Kunj, New Delhi 110 070 (hereinafter referred to as the Owner). The Contractor have agreed to carry out the work of design, supply, civil work and erection and testing & commissioning of Lines under Package -- for establishment of EHV lines as detailed in the Letter of Intent /Contract Agreement on the terms and conditions provided in the said Letter of Intent/Contract Agreement. AND WHEREAS in accordance with the terms and conditions of the said Letter of Intent and the
Contract Agreement signed between the contractor and the Owner the Owner has agreed to make to the Contractor an interest free advance payment of Rs.----------/- (Rupees -----------------------------------) as per Letter of Intent/Contract Agreement against submission of Bank Guarantees of Rs.-------
-------/- to be adjusted from the Contractors bill. AND WHEREAS at the request of the Contractor the --------------------------(Bank Name), constituted and established under the Banking Companies (Acquisition & Transfer of Undertakings) Act, 1970 having its Registered Office at ------------------------------(Bank Address) and one of its branches at ---------------------------(Bank branch address) (hereinafter referred to as The Bank) has agreed to guarantee the repayment of Rs.--------------/- (Rupees ------------- only) covering the part amount of the said advance payment till the amount of advance is fully adjusted. In pursuance of the said agreement and in consideration of the Owner making the said advance payment to the Contractor the Bank hereby agree with the Owner as follows: 1. The Bank hereby agrees unequivocally and unconditionally to pay at Delhi within 48 hours, on demand in writing from the Owner or any officer duly authorized by it in this behalf the said advance payment but not exceeding at any time the sum of Rs.------------------/- (Rupees ------------- only) till the amount of advance is fully adjusted. This agreement shall be valid and binding on the Bank up to and including ------------(date) and shall not be terminable by notice or any change in the constitution of the Bank or the Contractor, or by any other reasons whatsoever and the Banks liability hereunder shall not be impaired or discharged by any extension of time or variations or alterations made, given
2.
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Volume I
or agreed with or without our knowledge or consent by or between the parties to the said written contract. 3. That the guarantee hereby given shall be a continuing guarantee up to ---------- (date, covering contractual period) but it shall be reduced gradually in proportion to the value of material supplied by the Contractor. The validity of this Bank Guarantee will be extended for the further period of six months, one month prior to its present validity period at the request of the Jindal India Thermal Power Limited. In case of any dispute arising out of or in connection with the extension or encashment of the Bank Guarantee the Court in Delhi will have jurisdiction. That the Bankers liability under this guarantee is restricted to Rs.----------/- (Rupees --------- only) till the amount of advance is fully adjusted and would gradually reduce as stated in the above referred para or till ________(date) unless a claim under the guarantee is notified to us within six months from the aforesaid date, all rights of the Owner under said guarantee shall be forfeited and we shall be released and discharged from all liabilities hereunder.
4.
5.
The expression The Bank, The Owner and The Contractor hereinbefore used shall unless there be anything repugnant to the context include their respective successors and assigns.
6.
Notwithstanding anything contained hereinabove: 1] 2] 3] Our liability under this Bank Guarantee shall not exceed Rs.----------/- (Rupees -------- only) This Bank Guarantee shall be valid up to -----------(date). We are liable to pay the guaranteed amount or any part thereof under this Bank Guarantee only and only if you serve upon us a written claim or demand on or before -----------(date). Otherwise, all your rights under this guarantee shall be forfeited and bank shall be relieved and discharged from all the liabilities thereunder. Signature
Date :
Address:
Name & Designation
Witness
Page 110
Volume I
Signature
Name
Official Address
Page 111
Volume I SCHEDULE M
PROFORMA OF INDEMNITY BOND TO BE EXECUTED BY THE CONTRACTOR FOR THE MATERIALS HANDED OVER IN INSTALMENTS BY JINDAL INDIA THERMAL POWER LIMITED FOR PERFORMANCE OF ITS CONTRACT (On non-Judicial stamp paper of Rs 200) INDEMNITY BOND THIS INDEMNITY BOND is made on this......... day of .... 2008 by ....................., a
company registered under the law, having its Registered Office at ........................ (hereinafter
called a 'Contractor' or 'Obligor' which expression shall include its successors and permitted assigns) in favour of Jindal India Thermal Power Limited; constituted under the Electricity (Supply) act 1948 having its Registered Office at Delhi and its project in ------ District. (hereinafter called the Jindal India Thermal Power Limited which expression shall include its successors and assigns): WHEREAS Jindal India Thermal Power Limited has awarded to the Contractor a Contract for...................................vide its Award letter/Contract No.....................and Amendment No..................(applicable when amendments have been issued) (hereinafter called "Contract") in terms of which Jindal India Thermal Power Limited is required to hand over materials to the Contractor for execution of the Contract. AND WHEREAS by virtue of Clause No............. of the said Contract, the Contractor is required to execute an Indemnity Bond in favour of the Jindal India Thermal Power Limited for the materials handed over to it by the Jindal India Thermal Power Limited for the purpose of performance of the Contract/Erection portion of the Contract. (thereinafter called the "Material"). NOW THEREFORE, this indemnity Bond witnesseth as follows: 1. That in consideration of various materials as mentioned in the Contract valued at Rs..... (Rupees......................) handed over to the Contractor in instalments from time to time for the purpose of performance of the Contract, the Contractor hereby undertakes to indemnify and shall keep the Jindal India Thermal Power Limited indemnified, for the full value of the Material. The Contractor hereby acknowledges receipt of initial installments of the Materials as per details in the Schedule appended hereto. Further the Contractor agrees to acknowledge receipt of the subsequent installments of the Material as required by the Jindal India Thermal Power Limited in the form of schedules consecutively numbered which shall be attached to this Indemnity Jindal India Thermal Power Limited Page 112
Volume I
Bond so as to form integral part of this Bond. It is expressly understood by the Contractor that handing over of the Dispatch title documents in respect of the said Material duly endorsed by the Jindal India Thermal Power Limited in favor of the Contractor shall be construed as handing over of the Material purported to be covered by such title documents and the Contractor shall hold such materials in trust as a Trustee for and on behalf of the Jindal India thermal Power Limited.
2. That the Contractor is obliged and shall remain absolutely responsible for the safe
transit/protection and custody of the Material at the said project sites against all risks whatsoever till the Material are duly used/ erected in accordance with the terms of the Contract and the Plant/Package duly erected and commissioned in accordance with the terms of the Contract, is taken over by the owner. The Contractor undertakes to keep the owner harmless against any loss or damage that may be caused to the Materials. 3. The Contractor undertakes that the Materials shall be used exclusively for the Performance/execution of the Contract strictly in accordance with its terms and conditions and no part of the material shall be utilized for any other work or purpose whatsoever. It is clearly understood by the Contractor that non-observance of the obligations under this Indemnity Bond by the Contractor shall inter-alias constitute a criminal breach or trust on the part of the Contractor for all intents and purposes including legal/penal consequences. 4. The Jindal India Thermal Power Limited is and shall remain the exclusive Owner of the Materials free from all encumbrances, charges or liens of any kind, whatsoever. The materials shall at all times be open to inspection and checking by Engineer-in-Charge /Engineer or other employees / agents authorized by him in this regard. Further, the Jindal India Thermal Power Limited shall always be free at all times to take possession of the materials in whatever form the Materials may be, if in its opinion, the Materials are likely to be endangered, mis-utilised or converted to uses other than those specified in the Contract, by and acts of omission or commission on the part of the Contractor or any other person or on account of any reason whatsoever and the contractor binds itself and undertakes to comply with the directions of demand of the JSW PowerTransco Limited to return the Materials without any demur or reservation. 5. That this Indemnity Bond is irrevocable. If at any time any loss or damage occurs to the materials or the same or any part thereof is mis-utilised in any manner whatsoever, then the Contractor hereby agrees that the decision of the Engineer-in-charge/Engineer of the Owner shall be binding on the Contractor. The Contractor binds itself and undertakes to replace the lots and any demur, reservation or protest. This is without prejudice to any other right or remedy that may be available to the Jindal India Thermal Power Limited against the Contractor under the Contract and under this Indemnity Bond. Jindal India Thermal Power Limited Page 113
Volume I
6. NOW THE CONDITION of this bond is that if the Contractor shall duly and punctually comply with the terms and conditions of this Bond to the satisfaction of Jindal India Thermal Power Limited. Then, the above bond shall be void, but otherwise, it shall remain in full force and virtue. IN WITNESS WHEREOF, the Contractor has hereunto set its and through its authorized representative under the common seal of the Company, the day, month and year first above mentioned.
Particulars of Qty. Particulars the material of Dispatch handed Title Documeover ment
Value of the Material -------------RR/LR/ Carrier No.,date of bill/ Date of loading.
Signature of Attorney in token of receipt.
(Please Number subsequent Schedules)
For and on behalf of M/s. -----------------WITNESS: I) 1. Signature-----------2. Name----------------
(Signature)----------(Name)---------------(Designation)---------
3. Address-------------
II)
1. Signature----------
(Common Seal)
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Volume I
2. Name--------------3. Address------------------------------------------------------------------
(In case of Company)
Indemnity Bonds are to be executed by the authorized persons and (i) in case of contracting
Company under common seal of the Company of (ii) having the power of attorney issued under
common seal of the Company with authority to execute Indemnity Bonds, (iii) In case of (ii), the original Power of Attorney if it is specifically for this Contract or a photo state copy of the Power of Attorney if it is General Power of Attorney and such documents should be attached to Indemnity Bond.
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Volume I SCHEDULE N
FORMAT FOR UNDERTAKING ( On Non Judicial Stamp Paper of Rs. 100/- ) (For providing Tower design & drawings of 400 kV D/C towers for wind zone- 3 along with corresponding foundations) This Undertaking is executed on this 2008 by , having its office at
(hereinafter referred to as Contractor which expression shall include its administrators, successors, executors and permitted assigns) in favour of Jindal India Thermal PowerLtd., a Company incorporated under the Indian Companies Act, 1956, having its Registered Office at B The Enclave, New Prabhadevi Road, Off Appasaheb Marathe Marg, Delhi 400025 INDIA (hereinafter
referred to as Owner which expression shall include its administrators, successors, executors and permitted assigns). And whereas the Contractor requested the Owner to provide Tower & Foundation Design & Drawing of 400 KV D/C towers for wind zone-3 And whereas in accordance with the provision of the offer, Contractor has to ensure the one time use of these documents for the purpose of construction of 400kV DC Derang To Angul Transmission Line only and confidentiality of the design & drawing documents being provided by Owner. Contractor, therefore, hereby undertakes that: 1. The Confidential Information shall mean any information that is owned or controlled by Owner and not generally available to the public, including but not limited to information contained in Design Documents, Type Test Report, General Arrangement Drawings, Fabrication Drawings, Foundation Design, Tower Spotting Data, Technical Data & Concepts and other related information etc. being provided by Owner. Confidential Information subject to this undertaking may be in intangible form, such as observation, or may be embodied in tangible form, such as a document. The term document includes specifications, Design calculations, drawings, written memoranda, graphic representations, computer information or software, information communicated by other electronic or magnetic media or models. Confidential Information shall not include information that: a. is already known to Contractor and was properly obtained by Contractor prior to the effective date of this undertaking. is already in the public domain or becomes available to the public other than through a negligent act or omission or willful misconduct of Contractor.
b.
Jindal India Thermal Power Limited Page 116
Volume I c.
is independently developed by Contractor from information not defined as Confidential Information in this undertaking, as evidenced by Contractor s written records. or
is disclosed to Contractor by Owner and at the time of such disclosure (or thereafter)
d.
Owner states that is not Confidential Information.

2. In consideration of the disclosure of the Confidential Information by Owner to Contractor, except as otherwise provided in this undertaking, Contractor undertakes that the Confidential Information shall be kept strictly confidential and shall not be sold, traded, published, used or
otherwise disclosed to anyone in any manner whatsoever, including by means of photocopy or other reproduction or electronic transmission (including facsimile transmissions, whether written or electronic), without Owners prior written consent. Contractor further undertakes that it: Will use Confidential Information for one time for the purpose of Derang To Angul 400 kV DC Transmission Line and Will take reasonable precautions against the unauthorized reproduction disclosure or use of Confidential Information. Neither the execution of this undertaking nor the disclosure of any Confidential Information by Owner shall be construed as granting to Contractor either a license (expressly, by implication, estoppels or otherwise) under, or any right of ownership title or interest in such Confidential Information or in any invention, patent or patent application or copyright now or hereafter owned or controlled by Owner or any other person or entity. Contractor is responsible for all costs and expenses incurred by Contractor in connection with the use of Design Documents under this undertaking. The Confidential Information shall remain the property of Owner and Owner may request the return thereof at any time upon giving written notice to Contractor. Within thirty (30) days of receipt of such notice Contractor shall return all of the original Confidential Information that was provided in written or document form and shall destroy or cause the destruction of all copies and reproductions (both written and electronic) of such information in its possession and in the possession of all persons to whom it was disclosed by Contractor. Contractor also shall destroy or cause the destruction of abstracts, notes, memoranda or other documents containing any Confidential Information. Owner, its directors, officers and employees shall have no liability whatsoever with respect to the use of or reliance upon the Confidential Information by Contractor. In the event of violation, appropriate legal action may be taken by Owner. Signature: -------------------------- (By duly authorized person on behalf of Contractor)
3.
4.
5.
6.
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Volume I
Name: Designation: Official Seal:
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Volume I SCHEDULE O
FORMAT FOR SUBMISSION OF FINANCIAL BIDS To, Jindal India Thermal Power Limited Plot No. 12, Sector : B-1, Local Shopping Complex, Vasant Kunj, New Delhi 110 070 Sub: Turnkey construction work of [Insert Requisite Package Name] Dear Sir, We declare that as per the conditions laid out in the Bidding Documents, the following is our lumpsum price with break-up for taxes in Rupees for the entire scope of work as specified in the specifications and documents. 1. Lumpsum Bid Price (excluding sales tax/VAT, excise duties and levies reimburseable and payable additionally by the Owner as per B below): Rs...(in figures) (Rupees .) (in words) 2. Applicable Taxes & Duties a. Applicable Taxes & Duties and other levies, payable additionally, in respect of the transaction between the Owner and the Contractor. i) Excise Duty ii) Sales Tax/VAT iii) Service Tax iv) Other levies Octroi Entry Tax (if any) Others (please specify) Total taxes & duties(i+ii+iii) : : Rs. .. : Rs. .. : Rs. .. : Rs. . : Rs. .. : Rs. .. estimated @ _____ estimated @ ____ estimated @ ____ estimated @ ____ estimated @ ____ estimated @ ____
Rs.
b. Applicable Octroi/ Entry Tax, payable additionally, in respect of bought-out finished items which shall be dispatched directly from our sub-vendor's works to Owner's site (sale-in-transit) : Jindal India Thermal Power Limited Page 119
Volume I
i) Octroi : Rs. .. estimated @ ____ ii) Entry Tax (if any) : Rs. .. estimated @ ____ iii) Total levies [(i) + (ii)] : Rs. .. Total applicable Taxes & Duties [ B = I + II] = Rs. 3. Total Lumpsum Bid Price including Taxes & Duties and other levies, if the Contract is awarded to us i.e. sum of A + B above Rs. ...(in figures) and Rupees.(in words). Date: Place:
Signature dated Designation/Capacity Name Address Common Seal
Note: Bidders shall submit separate formats for each of packages in case he is bidding for more than one package. Bidder should follow this format strictly while submitting the price bid.
Page 120

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REQUEST FOR PROPOSAL FOR DESIGN, ENGINEERING, SUPPLY, ERECTION TESTING & COMMISSIONING OF TRANSMISSION LINE(400 KV)