LMB/THDCKHURJA/SCC/Services_001/R1 Dated 04.03.

2020

Project - 2x660 MW Khurja Super Thermal Power Project

Special Conditions of Contract - Civil Packages

The following Special Conditions of Contract (SCC) shall supplement the General Conditions of Contract (GCC).

All words and expressions used in this SCC but not defined herein shall have the same meaning as ascribed to them
in the General Conditions of Contract.

1. Price Basis :

Bidder shall quote his firm and fixed price, as specified in the tender specification on Unit Rate Price Basis, for the
complete scope of work on single point responsibility basis, ensuring that the quoted price covers all the
commercial, contractual, technical, legal and statutory obligations mentioned or to be reasonably inferred from the
provisions of the tender enquiry specification

Rates shall be inclusive of all labor, materials (except reinforcement and concrete supply), Testing ,machineries,
tools & tackles, , statutory clearances / compliance, incidental expenses, overhead etc. Please refer the BOQ,
Technical specification and Scope Matrix for further clarity.

2. Contract Agreement: GCC clause no 9.2 to be read as below

In the event of conflicts between various documents of the Contract the order of precedence for settlement of such
conflicts shall be as stated below
i. Purchase order
ii. Letter of Intent (LOI)
iii. Minutes of Meeting preceding LOI and PO
iv. Drawings /Schedule/ Bill of Quantities issued by LMB
v. Special Conditions of Contract
vi. General Conditions of Contract
vii. Technical Specification
viii. Bidder’s offer

3. Work completion schedule:

Schedule attached as Annexure A8X1

4. Payment terms:
4.1. Advance Payment
LMB will pay interest free recoverable advance of 5% of the Total Contract Price in below mentioned stages.
The advance so paid shall be recovered progressively from the RA Bills of the Contractor as prescribed
hereinafter.
4.1.1. 5% of the Total Contract Price shall be released on fulfilment of all the following conditions:
a. Unconditional Acceptance of Order by the Contractor.
b. Submission of Advance Bank Guarantee (ABG) for 5% of total Contract Price valid till Completion of
work with three months Claim period as per LMB format issued from LMB approved Bank List. However,
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in case of delay in completion of facility as per the contractual agreed schedule, the validity of this Bank
Guarantee shall be extended by the period of such delay.
c. Submission of Invoice for the advance amount sought.
d. Submission of CPBG of 10% of total Contract Value towards Contract Performance Security , which shall
be kept valid upto ninety (90) days beyond the end of defect liability period. However, in case of delay
in completion of facility as per the contractual agreed schedule, the validity of this Bank Guarantee shall
be extended by the period of such delay.
e. A certificate shall be issued by LMB Engineer In charge to this effect, once minimum mobilization has
been done by the agency
The advance amount thus paid shall be progressively recovered @ 5% of the gross admitted amount of every
Progressive Payment Bill till the entire advance amount is recovered.

4.2. Progressive Payment:

4.2.1. 90% of the Total Contract Price shall be released on pro-rate basis as below
The Contractor shall submit one Running Account Bill (RA Bill) each month with a billing cycle of
25th to 24th basis. The billed quantities shall have item level details and shall bear certification of
the concerned LMB engineer overseeing respective activity/area of work. Bills shall accompany
jointly certified Quality Assurance Log Sheets, Protocols and Stage Inspection Records that
endorses compliance with Quality Plan, Drawing, Manual, Instructions, Procedures or any other
relevant documents in respect of the measurements claimed in that bill along with HR compliances.
LMB will not admit bills without the aforesaid supporting documents/records.
4.2.2. The RA Bill payment shall be released within 30 days on the receipt of the Bills certified by LMB
Engineer in charge
4.2.3 100% applicable tax amount shall be reimbursed within 30 days after verification of GSTR2A

4.3 Final Retention Payment : 5% of the Gross certified RA bill amount shall be released as per the following
milestones.
4.3.1. 2.5% shall be paid on completion of 6 Months from Actual signing protocol for Completion of
Facility.
4.3.2. 2.5 % shall be paid on completion of Defect liability period i.e. 12 Months from Actual signing
protocol for Completion of Facility.

5. Taxes and duties:

5.1 Except as otherwise specifically provided in the Contract, the Contractor shall bear and pay all taxes, duties, levies and
charges assessed on the Contractor, its Sub-contractor or their employees by all municipal, state or National
government authorities in connection with the Facilities in and outside of the country where the Site is located.
5.2 100 % of CGST+SGST/ UGST or IGST as applicable shall be paid/reimbursed upon completion of work and on
production of satisfactory documentary evidence by the Contractor.
5.3 Taxes paid to the Contractor shall be liable to be recovered along with interest @ 24% and penalty, if any,
imposed on Purchaser, in case the Contractor fails to report / incorrectly reports the said supply details in the
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monthly/ quarterly/ annual returns as may be required to be filed under the CGST Act, 2017/ IGST Act, 2017 /
UGST Act and State GST Act applicable in the State of the Contractor at the time of supply.
5.4 Notwithstanding the above provision, the Contractor shall, suo moto or upon advice received from LMB,
promptly report/ make requisite correction in the return to be filed by the Contractor for the month
immediately following the month in which such details were originally reported / or required to be reported.
5.5 Bidder to quote the various Taxes & duties considered in the Offer along with breakup and rate considered.
However Taxes and duties shall be paid/reimbursed at actuals based on prevailing tax rates
5.6 Purchaser shall not reimburse or make payment of any liability of taxes/duties/levies etc. assessable on the
contractor
5.7 Bidders shall mention separately building and other construction workers cess in their bid price for services, if
applicable
5.8 In respect of all payments, which are liable for tax deduction at source (TDS), the same shall be effected as per
the prevailing/applicable law, rule and regulations in the country where the site is located. Necessary certificate
shall be provided to the contractor

6. Liquidated Damage:
For delay in submission of final report as per agreed contractual schedule, LMB shall levy LD @ 0.5% per Week of
delay or part thereof, of total Contract Price, subject to a maximum of 5% of the Contract Price. Liquidated damages
shall be calculated from Completion of facility onwards.

Recovery of LD’s

i. The Purchaser may, without prejudice to any method of recovery, deduct the amount for such liquidated
damages from any amount due or which becomes due to the Vendor either under this or any other Contract.

ii. Any fraction of the week shall be reckoned as full week.

iii. Payment or deduction of liquidated damages shall in no way relieve the Contractor from completing the works
and discharging all its other obligations under this purchase order.

iv. If reason for the delay is solely attributable to the purchaser, adequate time extension shall be given to the
Contractor by the extent of delay attributable to the purchaser and LD for such delay shall not be levied.

7. Defect Liability Period Or warranty Period:

The warranty period for each unit shall be 12 months from date of Completion of Facilities (COF).

8. Progress Report:
8.1 Bidder to submit daily progress report mentioning the available resources including manpower.
8.2 Monthly progress report is required to be submitted by vendor on 22nd-27th of each month till completion of
facility

9. Other conditions:

9.1 Bidder shall submit the schedule along with offer, from mobilization at site to Report submission, matching
to this duration.
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9.2 Agency shall deploy adequate resources based on agreed schedule. All the machineries shall be in good
working condition with valid fitness certificates by authorized agency. All the measuring / testing instruments
shall be properly calibrated.
9.3 Agency shall deploy adequate number of skilled and experienced supervisors, technician and workmen, for
smooth operation of all activities. Resource deployment schedule shall be mutually agreed at the site and
matched as per the site requirement
9.4 Bidder shall provide General Information i.e. registered office address, Contact details and Personnel, years
of operation, email id, PAN no., GST no. etc.
9.5 Bidder to attach details with respect to Laboratory & Machinery facilities
9.6 Bidder to attach Information regarding similar works completed (List & two recent Work order copies)
9.7 Bidder’s responsibility, right and liabilities under this contract will commence from the date of acceptance of
work order.
9.8 The work will have to be carried out in such a manner as not to cause any inconvenience to the other agencies
working in premises.
9.9 All materials brought to the site as to shave a proper check like Delivery Challan/ invoice/bills, etc…, as
applicable and its entry shall be informed to LMB at site.
9.10 Please note that material brought to our site should have been approved by the engineer in charge before
commencement of work and workmanship shall strictly confirm to the specification embodied on the BOQ.
9.11 After the completion of the work, the entire site /area will be cleaned of debris etc. any other materials shall
be handed over to concerned authorities in a neat and proper manner.
9.12 The material brought by bidder at site shall be taken care of by bidder and any loss/damage shall be to
bidder’s account.
9.13 Bidder shall note that no claim for enhancement of rates of machinery and fuel on the ground that existing
statutory levies have come into effect after tender or any other ground, will be entertained on any account
9.14 Any damage to building /structures/area made by bidder’s workmen or by bidder’s agent will be made good
at bidder’s cost.
9.15 The tools and tackles required shall be organized at site by bidder, any state entry/road permit as required
shall be arranged by bidder.
9.16 Safety appliances and personal protective equipments including proper scaffolding etc., as required shall be
arranged by bidder. All safety PPEs, scaffolding, appliance shall be of good quality.
9.17 Power source, if required, shall be arranged by bidder.
9.18 Bidder shall comply the requirement of gate pass etc. for entry of workmen, machine etc. to site.
9.19 No delay on account of incomplete documents or any other shall be accepted.
9.20 Certification of protocols, test results, from LMB Engineer In charge, LMB’s client and client’s representative,
shall be in the scope of contractor.
9.21 Bidder to set up store , DG set , Lab equipment for steel , concrete etc, Bidder may take deviation / approval
in case of outsourcing of RMC from near by plant area.

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9.22 Technical compliance to the Scope of work listed in the schedule of this RFQ. In case of deviation, it will be
bidder’s responsibility to rework without any extra cost.
9.23 On award of the contract to successful bidder, the word “bidder” shall be read as “contractor” and all the
conditions shall be fulfilled by successful bidder.
9.24 Bidder to make arrangement for Cube test & Slump per IS 456 at pouring location.

10 Labour (To be read along with Labour clauses mentioned in ECC, GCC & Technical Specification)

10.1 Labour Colony: Contractor has to make own necessary arrangements. Contractor to maintain labour colony
as per standards acceptable to L&T / Client. Contractor to abide by applicable Rules & regulation for using
this facility by their workmen.
10.2 The Contractor shall provide and employ on the Site in the installation of the Facilities such skilled, semi-
skilled and unskilled labour as is necessary for the proper and timely execution of the Contract. The
Contractor is encouraged to use local labour that has the necessary skills
10.3 Unless otherwise provided in the Contract, the Contractor shall be responsible for the recruitment,
transportation, accommodation and catering of all labour, local or expatriate, required for the execution of
the Contract and for all payments in connection therewith
10.4 The Contractor shall be responsible for obtaining all necessary permit(s) and/or visa(s) from the appropriate
authorities for the entry of all labour and personnel to be employed on the Site into the country where the
Site is located
10.5 The Contractor shall at its own expense provide the means of repatriation to all of its and its Subcontractor’s
personnel employed on the Contract at the Site to their various home countries. It shall also provide suitable
temporary maintenance of all such persons from the cessation of their employment on the Contract to the
date programmed for their departure. In the event that the Contractor defaults in providing such means of
transportation and temporary maintenance, the Employer may provide the same to such personnel and
recover the cost of doing so from the Contract
10.6 The Contractor shall at all times during the progress of the Contract use its best endeavours to prevent any
unlawful, riotous or disorderly conduct or behaviour by or amongst its employees and the labour of its
Subcontractors
10.7 The Contractor shall, in all dealings with its labour and the labour of its Subcontractors currently employed
on or connected with the Contract, pay due regard to all recognized festivals, official holidays, religious or
other customs and all local laws and regulations pertaining to the employment of labour
10.8 Contractor will be responsible to maintain discipline of its staff and workers. Any staff or worker indulging in
unsafe act or rowdy behaviour will be identified and taken out of premises. Contractor will ensure timely
payment to its staff and worker.
10.9 No child labour should be employed for executing the above work.

11 Labour laws and Regulations and compliance thereof (To be read along with Labour Laws related clauses
mentioned in ECC, GCC & Technical Specification)

11.1 During the entire period of Contract, the Contractor and his Sub- Contractors shall, at all times abide by all
existing labour enactments, rules made therein, regulations, notifications and bye-laws by the appropriate
government, local authority or any other labour laws or notification that may be issued under any labour law
prevailing as on the date seven (7) days prior to the date set for opening of the Price Bids, published by the
State or Central Government or Local Authorities. An illustrative list of applicable acts, notifications, rules
etc. in connection with the labour as applicable. This list is not in any way exhaustive and shall not absolve
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the Contractor from any of his liabilities or responsibilities in compliance with any other laws, regulations,
notifications that may be in force during the tenure of Contract.
11.2 It is specifically agreed that the Contractor shall obtain all the necessary registration, licenses, permits,
authorisations etc. required under various enactments / Regulations enforced from time to time, specifically
registration as employer under Provident Fund Act and Contract Labour Regulation & Abolition Act, and the
Employer shall not be liable for any violation by the Contractor in this regard.
11.3 The employees of the Contractor or his Sub-Contractor(s) shall in no case be treated as the employees of the
Employer at any point of time.
11.4 In case the ESI act is not applicable to the area where the Work is executed, as evidenced by the
Certificate/Letter submitted to this effect from the local authorities, the Contractor shall be liable to arrange
and pay for the expenses towards the medical treatment in respect of all labour employed by him for the
execution of the Contract
11.5 During the entire period of Contract, the Contractor and his Sub- Contractors shall, at all times abide by the
following Acts/Statutes related to Human Resources
i. Factories Act, 1948; Contract Labour (Regulation & Abolition) Act, 1970;
ii. EPF & MP Act, 1952;
iii. Building & Other Construction Workers (Regulation of Employment & Conditions of Service) Act,
1996
iv. ESI Act, 1948;
v. Minimum Wages Act, 1948;ss
vi. Payment of Wages Act, 1936;
vii. Payment of Bonus Act, 1965;
viii. Payment of Gratuity Act, 1972;
ix. Workmen's Compensation Act, 1923;
x. ID Act, 1947;
xi. Maternity Benefit Act, 1961;
xii. Inter-State Migrant Workmen (Regulation of Employment & Conditions of Service) Act, 1979;
xiii. Inter-State Migrant Workmen (Regulation of Employment &
xiv. Conditions of Service) Act, 1979;
xv. Fatal Accidents Act, 1855
xvi. Model Welfare Code

The above will deem to include all relevant/applicable rules made thereunder, regulations, notifications and
bye laws of the State or Central Govt. or the local authority and any other labour law (including rules)
regulations, bye laws as well as those that may be passed or notification that may be issued under any labour
law present and in future either by State or Central Govt. or by local authorit

12 Safety:

The Contractor while executing the Works, will strictly comply with the statutory requirements (including
amendments thereof), as applicable, in respect of safety of his employees, equipment and materials. The contractor
will also comply with the provisions of Safety Rules as attached as Annexure-4 to SCC. Within 30 days from the
date of Letter of award, the Contractor, shall develop and submit for the Employer's approval, his own Safety,
Health and Environment policy in line with the above-mentioned statutory requirements and Safety rules. The
detailed requirements to be complied by the Contractor with regard to the safety of his personnel, equipment and
materials are enumerated in the Technical Specifications. Contractor shall be required to register the awarded work
with Safety Council of India (SCI), Mumbai and shall comply with requirements of Safety Council of India, during the
course of execution of the contract.
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13 Shift Work :

13.1 To achieve the required rate of progress in order to complete the Facilities within the Time for Completion, the
Contractor may carry on the work, round the clock, in multiple shifts per day, as may be necessary. The
Contractor shall however be responsible to comply with all applicable laws in this regard.
13.2 No additional payment will be made on account of round the clock working in multiple shifts.
13.3 Wherever the work is carried out at night adequate lighting of working areas and access routes for pedestrains
or vehicles shall be provided by the Contractor at his cost. Sufficient notice should be given by the Contractor to
the Employer egarding the details of works in shifts so that necessary supervision could be provided.

14 Materials obtained from Excavation:

Materials of any kind obtained from excavation on the Site shall remain the property of the THDC and shall be
disposed of as the Engineer in-Charge may direct.

15 Treasure, Trove, Fossils, etc

All fossils, coins, articles of value or antiquity and structures and other remains or things of geological or
archaeological interest discovered on the Site shall be the absolute property of the Employer and the Contractor
shall take reasonable precautions to prevent his workmen or any other person from removing or damaging any
such article or thing, shall immediately upon discovery thereof and before removal acquaint the Engineer in Charge
with such discovery and carry out the Engineer in Charge's directions as to the disposition of the same, at the cost
of the Employer.

16 Protection of Trees
Trees shall be protected from damage during the course of the Works and earth level within at least one (1) meter of each such
tree shall not be disturbed. Where necessary, such trees shall be protected by providing temporary fencing at the cost of the
Employer.

17 Prevention of Pollution
The Contractor shall make necessary arrangement to prevent pollution of the water in any adjacent water bodies including
stream, springs, nallah, river and lakes etc. The Contractor shall be solely responsible and liable for all damage caused by any
pollution that may take place during the execution of the Work

18 Explosives :
Permission for the use of explosives shall be obtained from the Engineer-in-Charge or from any appropriate authority as
directed by the Engineer-in-Charge and all explosive materials shall be used only under close supervision. It shall be the
responsibility of the Contractor to seek and obtain any necessary permits, and to ensure that the requirements of the
authorities are complied with, in all respects. Failure to do so may result in the Engineer-in-Charge withdrawing permission to
use explosives. The indemnification provided for, under the General Condition of Contract shall include indemnification against
all claims in respect of any incident arising from the use of explosives.

19 Construction Water and Construction Power:

19.1 Bidder to make own arrangement for Construction Water for the entire work.
19.2 Construction Power to bidder expected to be provided on chargeable basis by May ’20. However it is necessary
that successful bidder shall mobilize & maintain sufficient number and adequate capacity DG sets at his own
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cost for providing necessary power requirement and expected not to depend on construction power supply of
Owner.

LMB shall not be responsible for any delay in the Contractor’s works caused by interruption or non- availability of
water & power supply and no compensation for such failure or delay in works on this account can be claimed by the
Contractor.

20 Housekeeping at site
20.1 The contractor will not dump any excavated soil in SG package battery limit. All the surplus earth will be dumped
in the identified area within the plant boundary and the same will be continuously levelled & dressed. Contractor
will have to arrange adequate no of dumpers and dedicated dozer at dump yard.
20.2 Contractor will maintain its work area and laydown area in proper order. For this purpose a house keeping team
shall be employed

21 Scrap Management
21.1 Scrap generated from owner issue material (cement, steel, reinforcement steel, etc.) will be properly stacked
and returned to LMB periodically with proper documentation.
21.2 Scrap & piping material will not be left scattered at site in any case

22 Mobilization of T&P
22.1 Contractor will mobilize preferably new equipment’s and T&P and in any case not older than 10 years.
22.2 Contractor will submit copy of registration paper and fitness certificate before sending to site

23 Site operations
23.1 Contractor shall make proper site office at the allotted space. Contractor will submit plan of office to LMB for
information.
23.2 Contractor will post a qualified and experienced civil engineer as site in charge or project manager with
sufficient administrative and financial authority to manage site operations.
23.3 Contractor will submit CV of such person to LMB for information/ approval.

24 Site co-operation

24.1 Civil works will be executed in tandem with other erection works. Accordingly the contractor shall cooperate
with other agencies working at site and in no case will hinder work of others. In case of any such dispute, the
decision of LMB representative will be final.
24.2 Contractor will also have to complete civil works in individual areas in allotted time and hand over the work to
erection contractor in proper order.
24.3 The contractor will also ensure not to damage the work of any other contractor

25 Separate Site Account

Contractor will open a separate bank account for this work. Payments from LMB will be credited in this account
only. LMB will have right to ask details of transaction in this account in order to ensure that funds are utilised for
the project and in no case funds are diverted to other accounts of the contractor except nominal administrative
cost

26 Dust suppression at site

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Contractor will deploy one tanker for spraying water on temp approaches and other areas for dust suppression
specially, during summer, as SHE practice, without additional cost

27 Off- loading of part of the job due to delays

Contractor is expected to complete individual activities in allotted time so as to facilitate works of other agencies,
in order to meet over all schedule, In case, contractor fails to complete works in certain area as per requirement,
or if contractor fails to undertake certain jobs required to be done as part of this contract, LMB will be getting that
part of work done through any other agency, with information to the contractor, and debit the cost of the same
from the contractor. The contractor will not object to that

28 BOCW CESS if applicable shall be paid by bidders. LMB shall reimburse the same within 30 days against documentary
evidence.

List of Annexures:

a. Annexure-1: ABG Format

b. Annexure-2: PBG Format

c. Annexure-3: LMB Approved list of Banks

d. Annexure-4: Safety Rules

e. Annexure 5 : Schedule

f. Annexure 6 : T&P list

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