Professional Documents
Culture Documents
(Joint Venture of Orissa Metaliks Pvt Ltd, Rashmi Cement Ltd & Shyam Steel Manufacturing Ltd)
CORPORATE OFFICE: PREMLATA BUILDING, 39 SHAKESPEARE SARANI, 6TH FLOOR, KOLKATA-700017, INDIA
TEL: +91-33 4255 /4266, FAX NO.: +91 33 2289-4254,
E-mail: powerplustrade@gmail.com CIN: U10100WB2012PTC183435
Oct 2022
REGISTERED OFFICE : PREMLATA BUILDING, 39 SHAKESPEARE SARANI, 6TH FLOOR, KOLKATA-700017, INDIA.
1
POWERPLUS TRADERS PRIVATE LIMITED
(Joint Venture of Orissa Metaliks Pvt Ltd, Rashmi Cement Ltd & Shyam Steel Manufacturing Ltd)
CORPORATE OFFICE: PREMLATA BUILDING, 39 SHAKESPEARE SARANI, 6TH FLOOR, KOLKATA-700017, INDIA
TEL: +91-33 4255 /4266, FAX NO.: +91 33 2289-4254,
E-mail: powerplustrade@gmail.com CIN: U10100WB2012PTC183435
Tender Ref.
Shotcreting, Grouting, Soil Grouting, Reinforcement, Forepoling,
Description of Work
Fabrication and Erection of Lattice Girders, Waterproofing
Tender Float date/Email dt. 12.11.2022
Tender due date 19.11.2022
Tender opening date 21.11.2022
Official Email ID tender.ptpl@rashmigroup.com
Powerplus Traders Pvt Ltd.
Constantia Building, 4th Floor
Address for Correspondence
Rashmi Group, 11, Dr U N Brahmachari St.,
Kolkata 700017 (Near La Martinere for Boys’ School)
Tendering Authority C.E.O., Powerplus Traders Pvt. Ltd.
1. Introduction
Jaganathpur-B Coal Mine is being planned as a Greenfield high-capacity mechanized coal mine capable
of producing coal at 2 million tonne p.a. It is located within the Raniganj Coal Basin; district Paschim
Bardhaman, West Bengal. Durgapur City Township and also Railway station is close to the area at 20 km,
connected through metalled road. NH-2 (currently National Highway 19) lies 20 km to its South.
2. Topography
The topography is gentle undulating with elevations ranging from less than 56 m Above Mean Sea Level
(AMSL) in the South and East and 66 m to the North West. High Flood Level (HFL) varies from 60.89 m
AMSL to the North and 62.575 m to the South, as surveyed in 2020.
REGISTERED OFFICE : PREMLATA BUILDING, 39 SHAKESPEARE SARANI, 6TH FLOOR, KOLKATA-700017, INDIA.
2
POWERPLUS TRADERS PRIVATE LIMITED
(Joint Venture of Orissa Metaliks Pvt Ltd, Rashmi Cement Ltd & Shyam Steel Manufacturing Ltd)
CORPORATE OFFICE: PREMLATA BUILDING, 39 SHAKESPEARE SARANI, 6TH FLOOR, KOLKATA-700017, INDIA
TEL: +91-33 4255 /4266, FAX NO.: +91 33 2289-4254,
E-mail: powerplustrade@gmail.com CIN: U10100WB2012PTC183435
e) “Defects Liability Certificate” means the taking over certificate with a list of defects.
f) “Final Completion Certificate” means certificate issued by “PTPL” after all the rectifications are carried
out / deficiencies are removed by the contractor to the satisfaction of “PTPL”.
g) “Parties” means the Contractor and the Company, who are Parties to the Contract.
h) “Similar Works” means the Underground Drivage of Tunnel/Drift/Incline or underground excavation in
Stone/Soil/Coal/ any other mineral/formation”, preferably high speed mechanized drivage using road
header(s).
i) “Third Party” Shall mean any person(s) who is / are not party to the Agreement, including but not
limited to Person, Association of Persons, Partnership Firm, Limited Liability Partnership Firm,
Company, Assignees, Agent and / or Sub Contractor of the original contractor, Government both
Central and State and its agencies including statutory authority.
j) “Accepting Authority’’ – means the management of the PTPL (Powerplus Traders Pvt. Ltd) and
includes an authorized representative of the Company or any other person or body of persons
empowered in this behalf by the Company.
k) “Constructional Plant” – means all appliances, tools, plants, machinery of things of whatsoever
nature required in or about the execution, completion or maintenance of the works or temporary
works (as hereinafter defined) but does not include materials or other things intended to form or
forming part of the permanent work.
l) “Contract’’ – The "Contract" shall mean the notice inviting tender, the tender as accepted by the
Company, the work order issued to the contractor, together with the documents referred to therein
including general terms and conditions, special conditions, if any, scope of work, frozen terms &
conditions/technical parameters/scope of work and revised offer, if any, specifications, drawings,
including those to be submitted during progress of work, schedule of quantities with rates and
amounts.
m) “Contractor / Contractors’’ – means the Contractor / Tenderers who has / have deposited the
necessary Earnest Money and has / have been given written intimation about the acceptance of Tender
through the work order and shall include authorised representative of such individual or persons
composing a Contractor or a Company or the successors and permitted assignees of such individual,
Contractor or Company, as the case may be. The Contractor or his representative is treated throughout
the Contract Document as if he was a single person. The existing laws in the Area where the contract
work is undertaken will be applicable to the Contractor.
n) “Contract Amount’’ – means the total sum arrived at based on the individual rates quoted by the
Contractor for the various items shown in the “Schedule of Quantities’’ of the Tender Document as
accepted by the Company with or without any alteration as the case may be.
o) “Day” – means a day of 24 hours from midnight (24.00 hours) of the particular day to midnight (24.00
hours) of the next day.
p) “Drawings” – means the drawings referred to in the specifications and any modifications of
such drawings approved in writing by the PTPL’s authorized representative, Jaganathpur-B Coal Mine,
REGISTERED OFFICE : PREMLATA BUILDING, 39 SHAKESPEARE SARANI, 6TH FLOOR, KOLKATA-700017, INDIA.
3
POWERPLUS TRADERS PRIVATE LIMITED
(Joint Venture of Orissa Metaliks Pvt Ltd, Rashmi Cement Ltd & Shyam Steel Manufacturing Ltd)
CORPORATE OFFICE: PREMLATA BUILDING, 39 SHAKESPEARE SARANI, 6TH FLOOR, KOLKATA-700017, INDIA
TEL: +91-33 4255 /4266, FAX NO.: +91 33 2289-4254,
E-mail: powerplustrade@gmail.com CIN: U10100WB2012PTC183435
and such other drawings as may from time to time be furnished or approved in writing by the
authorized person of PTPL , Jaganathpur-B Coal Mine.
q) “Material” – means the materials to be provided by the Contractor and materials to be provided by
the Company in accordance with the Contract.
r) “Owner” – means The Powerplus Traders Private Limited (PTPL).
s) “Paying Authority”- means a person appointed and authorised by the PTPL from time to time
as paying Authority for the work under the Contract with the Contractor.
t) “Representative / Engineer In-charge” – means any official who assists to the CEO, of the PTPL,
Jaganathpur B Coal Mines appointed from time to time as his representative for the Contract with
the Contractor being intimated in writing of the same by the PTPL. This official shall be entitled to
perform any of the powers and authorities of PTPL vested in him by the latter.
u) “Site” – means the lands and other places on, under, in or through which the works are to be
executed or carried out and any other lands or places provided by the Company for working space or
any other purpose of the Contract together with such other places as may be specifically designated
in the Contract as forming part of the site.
v) “Sub-Contract” or “sub-contractor”- means the person or persons to whom any part of the
Contract has been sublet with the consent in writing of the P T P L , and includes their
authorized representatives, successors and permitted assignees. Sub-contractor includes only those
having a direct contract with the Contractor and it includes one who furnished materials worked to
a special design, according to plans on specifications of work, but does not include one who merely
furnishes materials not so worked. The existing laws in the Area where the Contract work is
undertaken will be applicable to the Sub-contractor.
w) “Temporary Works” – means all temporary works of every kind required in or about the execution,
completion or maintenance of the works.
x) “Time Limits” – means the time schedule which has been provided in clause 12 herein under and/or
any further extended time as may be approved by the company in writing upon written request of the
contractor. The time limits provided herein under is the essence of the contract.
y) “Work” - means the works required to be executed in accordance with the Contract / Work Order or
parts thereof as the case may be and shall include all extra or additional, altered or substituted works or
any work of emergent nature, which, in the opinion of the PTPL or their authorized representative,
Jaganathpur B Coal Mine, has become necessary during the progress of the works to obviate any risk or
accident or failure or become necessary for security. “Work” of the Contractor of Sub-contractor
includes labour or material or both.
z) “Written Notice” – means a notice or communication in writing and shall be deemed to have been duly
served if delivered in person to the individual or to a member of the Contractor’s Contractor or to an
officer of the Company or Corporation for whom it is intended, or if delivered to or sent by registered
mail / Courier service to the last business address known to him who gives the notice. For registered
mail, the date of registration of the notice will be taken to be deemed date for all purposes of this
Contract.
REGISTERED OFFICE : PREMLATA BUILDING, 39 SHAKESPEARE SARANI, 6TH FLOOR, KOLKATA-700017, INDIA.
4
POWERPLUS TRADERS PRIVATE LIMITED
(Joint Venture of Orissa Metaliks Pvt Ltd, Rashmi Cement Ltd & Shyam Steel Manufacturing Ltd)
CORPORATE OFFICE: PREMLATA BUILDING, 39 SHAKESPEARE SARANI, 6TH FLOOR, KOLKATA-700017, INDIA
TEL: +91-33 4255 /4266, FAX NO.: +91 33 2289-4254,
E-mail: powerplustrade@gmail.com CIN: U10100WB2012PTC183435
Note:
1. The quantities and design provided in this NIT are tentative and for the purpose of Bidding only.
The contractor shall execute the work as per the final quantities and design provided by the
company (PTPL) after finalization of design.
2. As per the scope matrix attached as Annexure 2
6. Essence of the Contract, Time Schedule and Completion Period Including Mobilization Period:-
Time is the essence of the contract and as such all works shall be completed within the time stipulated
in the contract / work order. The work shall, throughout the stipulated period of contract, be carried
out with all due diligence on the part of the contractor. The Contractor shall follow the following time
schedule.
a) The following broad time line is to be followed:
REGISTERED OFFICE : PREMLATA BUILDING, 39 SHAKESPEARE SARANI, 6TH FLOOR, KOLKATA-700017, INDIA.
5
POWERPLUS TRADERS PRIVATE LIMITED
(Joint Venture of Orissa Metaliks Pvt Ltd, Rashmi Cement Ltd & Shyam Steel Manufacturing Ltd)
CORPORATE OFFICE: PREMLATA BUILDING, 39 SHAKESPEARE SARANI, 6TH FLOOR, KOLKATA-700017, INDIA
TEL: +91-33 4255 /4266, FAX NO.: +91 33 2289-4254,
E-mail: powerplustrade@gmail.com CIN: U10100WB2012PTC183435
i) Strata Stabilization
Start …………………………. January 2023
Completion ………………….. Within 3 months
ii) Shot Creting, Concreting & Other Tunnel Drivage Related Work
Start ……………………………. From the commencement of incline drivage (tentatively from
May 2023)
Completion …………………. Within 6 months (depending on the progress of the incline)
Note: The Contractor engaged for execution of the BOQ would be required to work in close
conjunction with the Contractor engaged by the Company for Box Cut and Incline Drivage with
Road Header or other feasible methods.
7. Equipment Approvals
The equipment and machinery used for each operation should confirm to stipulations as per DGMS
requirements, as per relevant conditions mentioned in the current Coal Mines Regulation and other
applicable statutes as updated and amended and in force at the time of work. Copy of DGMS
approval(s) of plant and machinery proposed to be used are to be submitted along with the offer. The
contractor shall also assist the company to obtain necessary approvals / exemptions required for
execution of the works, from DGMS / other statutory authorities. In addition, thereto, the contractor
shall be solely responsible for periodic maintenance of all the equipment in the field irrespective of the
same being provided by the company or the contractor and the contractor shall be solely responsible
REGISTERED OFFICE : PREMLATA BUILDING, 39 SHAKESPEARE SARANI, 6TH FLOOR, KOLKATA-700017, INDIA.
6
POWERPLUS TRADERS PRIVATE LIMITED
(Joint Venture of Orissa Metaliks Pvt Ltd, Rashmi Cement Ltd & Shyam Steel Manufacturing Ltd)
CORPORATE OFFICE: PREMLATA BUILDING, 39 SHAKESPEARE SARANI, 6TH FLOOR, KOLKATA-700017, INDIA
TEL: +91-33 4255 /4266, FAX NO.: +91 33 2289-4254,
E-mail: powerplustrade@gmail.com CIN: U10100WB2012PTC183435
for all the necessary repairing work of the equipment’s required for any break down or damages to
the equipment’s. In addition, thereto, the Contractor shall be solely responsible and become liable for
any damages that may be caused in the site due to wrong handling of the equipment or otherwise.
9. Handover
After removal of equipment, contractor shall handover the site to PTPL.
REGISTERED OFFICE : PREMLATA BUILDING, 39 SHAKESPEARE SARANI, 6TH FLOOR, KOLKATA-700017, INDIA.
7
POWERPLUS TRADERS PRIVATE LIMITED
(Joint Venture of Orissa Metaliks Pvt Ltd, Rashmi Cement Ltd & Shyam Steel Manufacturing Ltd)
CORPORATE OFFICE: PREMLATA BUILDING, 39 SHAKESPEARE SARANI, 6TH FLOOR, KOLKATA-700017, INDIA
TEL: +91-33 4255 /4266, FAX NO.: +91 33 2289-4254,
E-mail: powerplustrade@gmail.com CIN: U10100WB2012PTC183435
as updated and amended and in force at the time of work and the Contractor is responsible for
ensuring compliance with the same.
b) Maintain tranquil working atmosphere and harmonious relationships with all Parties concerned in and
around the site.
c) To execute the approved design, to the satisfaction of the Company. Amendments if required must be
decided mutually with PTPL
d) Submission of relevant SOPs and COPs within 15 days from the date of acceptance of the order.
e) Provide adequate number of suitable skilled personnel for completion of the contractual works as per
approved design and work documentation, within specified time schedule.
f) Take necessary permissions / approvals / registrations as may be required by statute to be taken by
the Contractor for incline drivage operations. Company shall provide non-pecuniary assistance,
wherever possible.
g) Ensure that only DGMS approved equipment, machinery & other installations are deployed.
h) The Contractor shall comply with all applicable Rules, Regulations, Acts and permissions etc. issued
from time to time for carrying out the subject work such as: ICMR, Mines Rules, Mines Act, Indian
Electricity Rules, DGMS Circulars and conditions of permission, Minimum Wages Act, Workmen
Compensation Act, CMPF/EPF Act, Insurance Act, Explosives Act, Environmental Acts and Regulations
and obtain all statutory licenses for the safety and welfare of the employees engaged by him to carry
out the subject works.
i) Ensure that all equipment whether supplied by the Contractor or the Company are operated and
maintained as per approved SOP
j) Ensure that the surrounding of Incline’s opening are fenced with steel fencing and with barbed wire on
top as per scheme approved by the Company.
k) The contractor shall arrange for all material, plant and machinery, spares and consumables etc. required
for Incline drivage as mentioned above and maintain adequate level of quality of installation,
maintenance and operation.
l) All manpower required would be to the account of the contractor.
m) All manpower provided by the contractor should be vocationally trained and subject to Initial Medical
Examination / Periodical Medical Examination.
n) The Contractor shall be responsible for any untoward incident happened to its manpower during the
execution of the work and the company shall be no way responsible for any such incident including the
death of any workmen.
o) The Contractor shall ensure that his workmen are suitably skilled or semi-skilled, as may be required for
achieving the target progress and finally complete the job safely.
p) The Contractor shall be responsible for carrying out scheduled and preventive maintenance of all plant
and machinery involved in the scope of work.
q) All spares and consumable required shall be provided / arranged by the contractor.
r) Ensure accuracy of construction as laid down in the work Order.
REGISTERED OFFICE : PREMLATA BUILDING, 39 SHAKESPEARE SARANI, 6TH FLOOR, KOLKATA-700017, INDIA.
8
POWERPLUS TRADERS PRIVATE LIMITED
(Joint Venture of Orissa Metaliks Pvt Ltd, Rashmi Cement Ltd & Shyam Steel Manufacturing Ltd)
CORPORATE OFFICE: PREMLATA BUILDING, 39 SHAKESPEARE SARANI, 6TH FLOOR, KOLKATA-700017, INDIA
TEL: +91-33 4255 /4266, FAX NO.: +91 33 2289-4254,
E-mail: powerplustrade@gmail.com CIN: U10100WB2012PTC183435
u) These safety provisions should be brought to the notice of all concerned by display on a notice board
at a prominent place at work spot. The person responsible for compliance of the safety code shall be
named therein by the contractor.
v) The Contractor shall further make necessary arrangements for handling of makeup water from the face
up to the nearest sump on his own.
w) In case unusually bad strata is met within the inclines, requiring the usage of special methods of
additional/special support, the Contractor shall seek the opinion of the Company and abide by the
Company’s decision regarding the usage of the same in such strata as per the order terms.
x) The Company may, on its own, instructs the Contractor to use or not to use additional/special support for
any part of the inclines/ inset, if it is felt necessary to do so and the Contractor shall comply with the
same.
y) Take exclusive responsibility and ownership (financial and / or otherwise) of any incidents impacting the
safety of human life and / or plant and machinery / assets created or being created in the course of
executing the work.
z) Contractors shall take appropriate insurance policies during the full contract period at his own cost and
ensure that the insurance policy/ policies is/are kept alive till full expiry of the contract.
aa) The Company shall arrange the necessary insurance for mine infrastructure development (property
belonging to PTPL only). All assets of Contractor will be covered by the Contractor including Third Party.
The contractor shall take full responsibility to take all precautions to prevent loss or damage to the
REGISTERED OFFICE : PREMLATA BUILDING, 39 SHAKESPEARE SARANI, 6TH FLOOR, KOLKATA-700017, INDIA.
9
POWERPLUS TRADERS PRIVATE LIMITED
(Joint Venture of Orissa Metaliks Pvt Ltd, Rashmi Cement Ltd & Shyam Steel Manufacturing Ltd)
CORPORATE OFFICE: PREMLATA BUILDING, 39 SHAKESPEARE SARANI, 6TH FLOOR, KOLKATA-700017, INDIA
TEL: +91-33 4255 /4266, FAX NO.: +91 33 2289-4254,
E-mail: powerplustrade@gmail.com CIN: U10100WB2012PTC183435
works or part thereof for any reasons whatsoever (except for reasons which are beyond control of the
contractor or act of God, e.g. flood, riots, war, earthquake, etc.) and shall at his own cost repair and
make good the loss/damage to the work so that on completion, the work shall be in good order and
condition and in conformity with the requirements of the contract and instructions of PTPL.
bb) All geological information like lithological characteristics will be recorded at a specified interval during
construction of Inclines.
cc) Major geological features like faults (major & minor), joints, weathering, water seepage etc. encountered
during construction of the inclines are to be recorded properly and marked on a proper Plan.
dd) Contractor is to maintain cordial relationship with local people, local administration, DGMS and other
statutory officials
ee) To provide suitable medical assistance and accident benefits to its workers during the pendency of the
Contract.
ff) Maintain all records statutory and otherwise necessary for efficient and transparent execution of the
Contract
gg) Submission of timely reports as stipulated by the Company relating to the progress of work,
productivity, safety, IR, etc.
hh) Contractor shall use the existing roads to the work site and dump yard. Approach through any other
road and maintenance of roads, if required, shall be the responsibility of the Contractor.
ii) Contractor shall ensure immediate reporting to the Company of incidents of theft, accident, labour
unrest or local unrest or any other incident at the work site or which impacts the execution of the
Contract
jj) Periodic Survey of the work done shall be in the scope of contractor.
kk) On completion of the work all rubbish, debris, brick bats etc. shall be removed by the Contractor at own
expense and the site cleaned to the satisfaction of the Company, and handed over to the Company. The
Contractor shall thereupon intimate the Company officially of having completed the work as per
Contract.
ll) “As built” drawings and/or Operating and Maintenance Manual, as may be required by the company
shall be provided by the contractor.
REGISTERED OFFICE : PREMLATA BUILDING, 39 SHAKESPEARE SARANI, 6TH FLOOR, KOLKATA-700017, INDIA.
10
POWERPLUS TRADERS PRIVATE LIMITED
(Joint Venture of Orissa Metaliks Pvt Ltd, Rashmi Cement Ltd & Shyam Steel Manufacturing Ltd)
CORPORATE OFFICE: PREMLATA BUILDING, 39 SHAKESPEARE SARANI, 6TH FLOOR, KOLKATA-700017, INDIA
TEL: +91-33 4255 /4266, FAX NO.: +91 33 2289-4254,
E-mail: powerplustrade@gmail.com CIN: U10100WB2012PTC183435
14. Materials, Plant & Machinery to be provided by the Company & Contractor:
As per Scope of Supply Matrix is attached as Annexure -2. In case the Company expresses inability to
supply of any items within its scope, the Contractor shall make own arrangements for the same. The
non-supply of any store items by the Company shall not be accepted as a reason for delay in work.
15. Quality
a) The Contractor shall carry out and complete the works in every respect in accordance with the
Contract and assure the quality of all works as per the norms/guidelines laid down therein and any
follow-up design drawings, instructions/directions provided by the Company.
b) The Contractor shall be responsible for correct and complete execution of the work in a workman-
like manner with specified materials, which shall be in conformity with the specifications/schedule
of work as per the Contract.
c) All items to be purchased from the market by the Contractor shall be procured from such
manufacturers who hold valid licenses conforming to relevant BIS standards for manufacturing such
items, whenever such standards exist, and from reputed manufacturers in other cases.
d) The Contractor shall immediately after the award of work draw up a schedule giving dates for
submission of samples for testing for the approval of the Company. The Contractor shall not bring
materials to the site unless the respective samples are approved.
e) Samples for testing are to be supplied by the Contractor at his own cost including the cost of testing.
Even if any test is ordered by the Company to be carried out by any independent person or agency at
any place other than the site, the cost of materials and testing charge, etc. shall be borne by the
Contractor. If the test shows that the materials are not in accordance with the specifications, the said
materials shall not be used in the work and removed forthwith from the site by the Contractor at his
REGISTERED OFFICE : PREMLATA BUILDING, 39 SHAKESPEARE SARANI, 6TH FLOOR, KOLKATA-700017, INDIA.
11
POWERPLUS TRADERS PRIVATE LIMITED
(Joint Venture of Orissa Metaliks Pvt Ltd, Rashmi Cement Ltd & Shyam Steel Manufacturing Ltd)
CORPORATE OFFICE: PREMLATA BUILDING, 39 SHAKESPEARE SARANI, 6TH FLOOR, KOLKATA-700017, INDIA
TEL: +91-33 4255 /4266, FAX NO.: +91 33 2289-4254,
E-mail: powerplustrade@gmail.com CIN: U10100WB2012PTC183435
own cost.
f) The Company shall be entitled to have any further tests carried out, at the Contractor’s cost, for any
materials, other than those for which satisfactory proof has already been furnished by the Contractor.
However, if the tests show the workmanship or materials to be in accordance with the provision of the
Contract, the cost of such tests shall be borne by the Company.
REGISTERED OFFICE : PREMLATA BUILDING, 39 SHAKESPEARE SARANI, 6TH FLOOR, KOLKATA-700017, INDIA.
12
POWERPLUS TRADERS PRIVATE LIMITED
(Joint Venture of Orissa Metaliks Pvt Ltd, Rashmi Cement Ltd & Shyam Steel Manufacturing Ltd)
CORPORATE OFFICE: PREMLATA BUILDING, 39 SHAKESPEARE SARANI, 6TH FLOOR, KOLKATA-700017, INDIA
TEL: +91-33 4255 /4266, FAX NO.: +91 33 2289-4254,
E-mail: powerplustrade@gmail.com CIN: U10100WB2012PTC183435
19. Measurement: -
a) Measurement of work done shall generally be taken in accordance with the relevant standard method
of measurement published by the Bureau of Indian Standards (BIS) and if not covered by the above,
other relevant Standards/practices shall be followed as per instructions PTPL.
b) All items of work carried out by the contractor in accordance with the provision of the contract having
a financial value shall be entered in the Measurement Book as prescribed by the company so that a
complete record of the measurements is available for all the works executed under the contract and
the value of the work executed can be ascertained and determined there from.
c) Measurement shall be taken jointly by authorized representative of PTPL and by the contractor or his
authorized representative and signed and dated. In case of any dispute, the matter will be referred to
the higher representative of PTPL. Measurement of extra items of work or excess quantities of work
duly authorized in writing by the authorized representative of PTPL shall also be taken and recorded in
the M.B. Payment for such extra items will be based on the rates to be derived jointly by company and
contractor.
d) In case of items which are claimed by the contractor but are not admissible according to the company,
measurements of such items will be taken for record and subsequently decided by the company to
admit the contractor's claims, there should be no difficulty in determining the quantities of such work.
REGISTERED OFFICE : PREMLATA BUILDING, 39 SHAKESPEARE SARANI, 6TH FLOOR, KOLKATA-700017, INDIA.
13
POWERPLUS TRADERS PRIVATE LIMITED
(Joint Venture of Orissa Metaliks Pvt Ltd, Rashmi Cement Ltd & Shyam Steel Manufacturing Ltd)
CORPORATE OFFICE: PREMLATA BUILDING, 39 SHAKESPEARE SARANI, 6TH FLOOR, KOLKATA-700017, INDIA
TEL: +91-33 4255 /4266, FAX NO.: +91 33 2289-4254,
E-mail: powerplustrade@gmail.com CIN: U10100WB2012PTC183435
REGISTERED OFFICE : PREMLATA BUILDING, 39 SHAKESPEARE SARANI, 6TH FLOOR, KOLKATA-700017, INDIA.
14
POWERPLUS TRADERS PRIVATE LIMITED
(Joint Venture of Orissa Metaliks Pvt Ltd, Rashmi Cement Ltd & Shyam Steel Manufacturing Ltd)
CORPORATE OFFICE: PREMLATA BUILDING, 39 SHAKESPEARE SARANI, 6TH FLOOR, KOLKATA-700017, INDIA
TEL: +91-33 4255 /4266, FAX NO.: +91 33 2289-4254,
E-mail: powerplustrade@gmail.com CIN: U10100WB2012PTC183435
e) Return of ABG
Return of ABG on recovery of advance / submission of DLBG
f) All payments are subject to works certification and acceptance by the Company.
24. Billing
a) Frequency
The Contractor shall prepare and submit running on account bill/bills in the prescribed format by the
5th of every successive month, for the works executed/materials supplied in the previous calendar
month. The running on account bill/bills should be prepared on the basis of detailed measurements,
recorded as described above.
b) Inspection of Bills
The Company shall arrange for the scrutiny of the running on account bills, in an expeditious manner,
satisfying them from the technical point of view as conforming to the scope of work and its specs and
measurements as recorded in the measurements book.
c) Certification of Bills
Any certificate given by the Company for the purpose of payment of interim bills shall not of itself be
conclusive evidence that any work / materials to which it relates is/are in accordance with the Contract
and may be modified or corrected by the Company by any subsequent certificate or by the final
certificate.
d) Overpayments
The Company reserves its right to recover / enforce recovery of any overpayments detected after
payment as a result of post payment audit or technical examination or by any other means,
notwithstanding the fact that the amount of disputed claims, if any, of the Contractor exceeds the
amount of such overpayment. The amount of such overpayment shall be recovered from subsequent
bills under the Contract, failing that from the Contractor’s retention money or from the Contractor’s
claims/bills under any other contract with GPL or the Contractor shall pay the overpayment on demand.
In case of Contractor’s non-payment on such demand, the same shall be realized from the Contractor’s
dues, if any with the Company.
e) Payments Due and Payable
On receipt of complete and correct invoice supported by requisite certificate by the representative of
the Company. If the invoice is not found to be payable, the invoice shall be returned to the Contractor,
within a month from the date of receipt, stating the reasons for such rejection.
REGISTERED OFFICE : PREMLATA BUILDING, 39 SHAKESPEARE SARANI, 6TH FLOOR, KOLKATA-700017, INDIA.
15
POWERPLUS TRADERS PRIVATE LIMITED
(Joint Venture of Orissa Metaliks Pvt Ltd, Rashmi Cement Ltd & Shyam Steel Manufacturing Ltd)
CORPORATE OFFICE: PREMLATA BUILDING, 39 SHAKESPEARE SARANI, 6TH FLOOR, KOLKATA-700017, INDIA
TEL: +91-33 4255 /4266, FAX NO.: +91 33 2289-4254,
E-mail: powerplustrade@gmail.com CIN: U10100WB2012PTC183435
f) Final Bill
On completion of the Works to the satisfaction of the Company, the Contractor shall submit a certified
final bill and account accompanied with all relevant vouchers and documents.
g) Payment against Final Bill
Shall be released subject to all deductions / adjustments having been made on account of materials
supplied, diesel, etc. and any other dues payable by either of the Parties and further subject to the
Contractor submitting a no claim certificate to the Company. The Contractor shall also submit to the
Company, proof of depositing royalty on account of minor minerals used in the work (Royalty Clearance
Certificate) before the final bill is processed for payment. The final payment shall also be subject to the
clause on ‘Completion Certificate’, hereof. No interest shall be payable on the amounts withheld, under
the terms of the Contract.
h) Two Part Payment of Monthly Bill
Provided that the contractor is entitled to raise RA bill in two parts, if they achieve 50 % of the
committed target in first half of the month.
25. Alterations/Additions:-
Alteration in quantities shall not be considered as a change in the condition of the Contract. Deviations
from the BOQ have to be sanctioned by PTPL and should not exceed 10% of the Order Value. The
company through its authorized representative shall, without radically changing the original scope and
nature of the work, under contract, have the power to make any alterations in or additions to or
substitution of the original specifications, drawings, designs and instructions that may appear to be
necessary or advisable during the progress of the work. Such altered or additional or substituted work,
which shall form part of the original contract, shall be carried out by the contractor on the same terms
and conditions in all respects on which they agreed to do the main work and at the same rate/rates as
are specified in the contract/ work-order. The right is reserved to cancel any items of work included in
the contract agreement or portion thereof at any stage of execution if found necessary to the work and
such omission shall not be a waiver of any condition of the contract nor invalidate any of the provisions
thereof. If the additional, altered or substituted work includes any class of work for which rate/rates
is/are not specified in the contract/work order, rates for such items shall be determined by the
authorized representative of PTPL.
REGISTERED OFFICE : PREMLATA BUILDING, 39 SHAKESPEARE SARANI, 6TH FLOOR, KOLKATA-700017, INDIA.
16
POWERPLUS TRADERS PRIVATE LIMITED
(Joint Venture of Orissa Metaliks Pvt Ltd, Rashmi Cement Ltd & Shyam Steel Manufacturing Ltd)
CORPORATE OFFICE: PREMLATA BUILDING, 39 SHAKESPEARE SARANI, 6TH FLOOR, KOLKATA-700017, INDIA
TEL: +91-33 4255 /4266, FAX NO.: +91 33 2289-4254,
E-mail: powerplustrade@gmail.com CIN: U10100WB2012PTC183435
Award (LOA).
29. Wastage: -
The contractor shall ensure that wastage is minimized. The allowable limit of wastage shall be decided
mutually and adhered to by the contractor. Any wastage of material supplied by the Company, beyond
the set limits, as decided by the Company at the time of Contract finalization, shall be deducted from
payments due to the contractor.
REGISTERED OFFICE : PREMLATA BUILDING, 39 SHAKESPEARE SARANI, 6TH FLOOR, KOLKATA-700017, INDIA.
17
POWERPLUS TRADERS PRIVATE LIMITED
(Joint Venture of Orissa Metaliks Pvt Ltd, Rashmi Cement Ltd & Shyam Steel Manufacturing Ltd)
CORPORATE OFFICE: PREMLATA BUILDING, 39 SHAKESPEARE SARANI, 6TH FLOOR, KOLKATA-700017, INDIA
TEL: +91-33 4255 /4266, FAX NO.: +91 33 2289-4254,
E-mail: powerplustrade@gmail.com CIN: U10100WB2012PTC183435
REGISTERED OFFICE : PREMLATA BUILDING, 39 SHAKESPEARE SARANI, 6TH FLOOR, KOLKATA-700017, INDIA.
18
POWERPLUS TRADERS PRIVATE LIMITED
(Joint Venture of Orissa Metaliks Pvt Ltd, Rashmi Cement Ltd & Shyam Steel Manufacturing Ltd)
CORPORATE OFFICE: PREMLATA BUILDING, 39 SHAKESPEARE SARANI, 6TH FLOOR, KOLKATA-700017, INDIA
TEL: +91-33 4255 /4266, FAX NO.: +91 33 2289-4254,
E-mail: powerplustrade@gmail.com CIN: U10100WB2012PTC183435
REGISTERED OFFICE : PREMLATA BUILDING, 39 SHAKESPEARE SARANI, 6TH FLOOR, KOLKATA-700017, INDIA.
19
POWERPLUS TRADERS PRIVATE LIMITED
(Joint Venture of Orissa Metaliks Pvt Ltd, Rashmi Cement Ltd & Shyam Steel Manufacturing Ltd)
CORPORATE OFFICE: PREMLATA BUILDING, 39 SHAKESPEARE SARANI, 6TH FLOOR, KOLKATA-700017, INDIA
TEL: +91-33 4255 /4266, FAX NO.: +91 33 2289-4254,
E-mail: powerplustrade@gmail.com CIN: U10100WB2012PTC183435
REGISTERED OFFICE : PREMLATA BUILDING, 39 SHAKESPEARE SARANI, 6TH FLOOR, KOLKATA-700017, INDIA.
20
POWERPLUS TRADERS PRIVATE LIMITED
(Joint Venture of Orissa Metaliks Pvt Ltd, Rashmi Cement Ltd & Shyam Steel Manufacturing Ltd)
CORPORATE OFFICE: PREMLATA BUILDING, 39 SHAKESPEARE SARANI, 6TH FLOOR, KOLKATA-700017, INDIA
TEL: +91-33 4255 /4266, FAX NO.: +91 33 2289-4254,
E-mail: powerplustrade@gmail.com CIN: U10100WB2012PTC183435
b) In case of failure to complete the work as per the time schedule agreed between the Company and
the Contractor, penalty will be imposed for such failure on ‘calendar month basis’. Provided, however
that the Contractor will be allowed to make up the shortfall volume within next succeeding three
months period. Failing which the penalty imposed on the Contractor will be forfeited. The Company
however reserves its right to waive imposition of penalty and/or to forfeit wholly/partially in its sole
discretion if the shortfall volume of work is accomplished within the overall project period / any
extension thereof is granted by the Company. The penalty due to failure to maintain the time
schedule referred to above will, however be limited to ‘5% of the total value of the Contract.’
c) In addition to the aforesaid penalty, the company shall be entitled to recover any other actual
damages that may be suffered by the company due to delay in execution of the work.
REGISTERED OFFICE : PREMLATA BUILDING, 39 SHAKESPEARE SARANI, 6TH FLOOR, KOLKATA-700017, INDIA.
21
POWERPLUS TRADERS PRIVATE LIMITED
(Joint Venture of Orissa Metaliks Pvt Ltd, Rashmi Cement Ltd & Shyam Steel Manufacturing Ltd)
CORPORATE OFFICE: PREMLATA BUILDING, 39 SHAKESPEARE SARANI, 6TH FLOOR, KOLKATA-700017, INDIA
TEL: +91-33 4255 /4266, FAX NO.: +91 33 2289-4254,
E-mail: powerplustrade@gmail.com CIN: U10100WB2012PTC183435
REGISTERED OFFICE : PREMLATA BUILDING, 39 SHAKESPEARE SARANI, 6TH FLOOR, KOLKATA-700017, INDIA.
22
POWERPLUS TRADERS PRIVATE LIMITED
(Joint Venture of Orissa Metaliks Pvt Ltd, Rashmi Cement Ltd & Shyam Steel Manufacturing Ltd)
CORPORATE OFFICE: PREMLATA BUILDING, 39 SHAKESPEARE SARANI, 6TH FLOOR, KOLKATA-700017, INDIA
TEL: +91-33 4255 /4266, FAX NO.: +91 33 2289-4254,
E-mail: powerplustrade@gmail.com CIN: U10100WB2012PTC183435
ascertain the defects/deficiencies, if any, to be rectified by the contractor as also the items, if any,
for which payment shall be made at reduced rate. If the defects are of a major nature and the
rectification of which is necessary for the satisfactory performance of the contract, he shall
intimate in writing the defects and instruct the contractor to rectify the defects/remove
deficiencies within specified time period. In such cases, Completion Certificate will be issued by
PTPL after the above rectifications are carried out / deficiencies are removed by the contractor to
the satisfaction of PTPL.
b) In the event there are no defects or the defects/ deficiencies are of a minor nature and PTPL is
satisfied that the contractor has already made arrangements for rectification, or in the event of
contractor's failure to rectify the defects for any reason whatsoever, the defects can be rectified
by the company departmentally or by other means and the 50% of the security deposit of the
contractor shall be sufficient to cover the cost thereof, he shall issue the Defect Liability
Certificate (Taking Over Certificate with list of defects ) within 30 days from handover of work
indicating the date of completion of the work, defects to be rectified, if any, and the items, if any,
for which payment shall be made at reduced rate indicating reasons there for and with necessary
instructions to the contractor to clear the site/place of work or all debris/ waste materials,
scaffoldings, sheds, surplus materials etc. making it clean. Refund of security deposit and payment
of final bill shall, however, be made on completion of the entire contract work, but not on
completion of such items of work.
REGISTERED OFFICE : PREMLATA BUILDING, 39 SHAKESPEARE SARANI, 6TH FLOOR, KOLKATA-700017, INDIA.
23
POWERPLUS TRADERS PRIVATE LIMITED
(Joint Venture of Orissa Metaliks Pvt Ltd, Rashmi Cement Ltd & Shyam Steel Manufacturing Ltd)
CORPORATE OFFICE: PREMLATA BUILDING, 39 SHAKESPEARE SARANI, 6TH FLOOR, KOLKATA-700017, INDIA
TEL: +91-33 4255 /4266, FAX NO.: +91 33 2289-4254,
E-mail: powerplustrade@gmail.com CIN: U10100WB2012PTC183435
Central Rules, 1971, Minimum Wages Act, Workmen Compensation Act etc. as updated and amended
and in force at the time of work. Such records maintained by the contractor shall be opened for
inspection by the Engineer-in-Charge or by the nominated representative of the Principal Employer.
e) The contractor/ contractors shall construct and provide facilities for the sanitary necessities of all
persons employed on the work and maintained in the number, manner and place approved or ordered
by the Engineer-in-Charge. The contractor/ contractors shall vigorously prohibit committing of
nuisance at any other place. Cost of all works under this item shall be covered by the
contractor/contractor's tendered rates.
f) The contractor/contractors shall furnish to PTPL with work reports from time to time (daily, weekly,
monthly & quarterly with reconciliation) regarding the contractor / contractor’s organization and the
progress made by him / them in the execution of the work as per the contract.
Note:
During the execution of the contract if the GST status of the contractor changes, then the payment of
GST, if any, to the contractor will be made as per the GST status declared by the contractor during work
order finalization stage based on which cost to company has been ascertained or at actuals, whichever is
lower.
g) All accounts shall be maintained properly and the company shall have the right of access and
inspection of all such books of accounts etc., relating to payment of labour in online mode including
payment of provident fund considered necessary.
h) On receipt of Work Order the contractor shall forthwith Register and obtain License from the
competent authority under the Contract Labour (Regulation & Abolition) Act 1970, the Contract
Labour (Regulation & Abolition) Central Rules, 1971 and submit certified copies of the same to PTPL.
i) Unless otherwise specifically provided for, dewatering of excavation pits, working areas etc. shall be
the contractor's responsibility and is to be carried out at his own cost as per instructions of PTPL. The
rates quoted by the contractor shall be deemed to include the dewatering costs.
REGISTERED OFFICE : PREMLATA BUILDING, 39 SHAKESPEARE SARANI, 6TH FLOOR, KOLKATA-700017, INDIA.
24
POWERPLUS TRADERS PRIVATE LIMITED
(Joint Venture of Orissa Metaliks Pvt Ltd, Rashmi Cement Ltd & Shyam Steel Manufacturing Ltd)
CORPORATE OFFICE: PREMLATA BUILDING, 39 SHAKESPEARE SARANI, 6TH FLOOR, KOLKATA-700017, INDIA
TEL: +91-33 4255 /4266, FAX NO.: +91 33 2289-4254,
E-mail: powerplustrade@gmail.com CIN: U10100WB2012PTC183435
correct lay out in reference to the permanent bench mark and reference points. Only one permanent
bench mark and basic reference lines shall be marked and shown to the contractor as basic data.
b) The contractor shall submit specifications and drawings showing any proposed temporary work to PTPL,
who is to approve them if they comply with the specifications and drawings. The contractor shall be
responsible for design of Temporary Works.
50. Warranty: -
Each individual component of the awarded work shall be guaranteed against defective workmanship,
material specifications, quality and failure of any kind for the full duration of construction of the work
under the Contract till the date of its completion, duly certified by the Company.
REGISTERED OFFICE : PREMLATA BUILDING, 39 SHAKESPEARE SARANI, 6TH FLOOR, KOLKATA-700017, INDIA.
25
POWERPLUS TRADERS PRIVATE LIMITED
(Joint Venture of Orissa Metaliks Pvt Ltd, Rashmi Cement Ltd & Shyam Steel Manufacturing Ltd)
CORPORATE OFFICE: PREMLATA BUILDING, 39 SHAKESPEARE SARANI, 6TH FLOOR, KOLKATA-700017, INDIA
TEL: +91-33 4255 /4266, FAX NO.: +91 33 2289-4254,
E-mail: powerplustrade@gmail.com CIN: U10100WB2012PTC183435
and other statutory laws as updated and amended and in force at the time of work.
b) Contractor is to maintain cordial relationship with local people, local administration, DGMS and other
statutory officials
c) Contractor shall provide requisite information to PTPL and nominated representative of PTPL.
d) Sub-contracting is not allowed without the express permission of PTPL. Contractor cannot subcontract
full work to third party. The Contractor shall however be responsible for all acts deeds, actions and / or
omissions by the Sub-Contractor. In the event of the Co. suffering any loss and / or damages by reason
of acts / deeds / actions and / or omissions by the Sub-Contractor, the Contractor shall be responsible
for making good of such loss and / or damage.
57. Insurance: -
PTPL shall arrange the necessary insurance for mine infrastructure development (property belonging to
PTPL only). Workmen compensation shall be taken by Contractor and copy of insurance certificate
submitted to PTPL. All assets of Contractor will be covered by Contractor including Third Party. The
contractor shall take full responsibility to take all precautions to prevent loss or damage to the works or
part thereof for any reasons whatsoever (except for reasons which are beyond control of the contractor
or act of God, e.g. flood, riots, war, earthquake, etc.) and shall at his own cost repair and make good the
loss/damage to the work so that on completion, the work shall be in good order and condition and in
conformity with the requirements of the contract and instructions of PTPL. Contractors shall take
appropriate insurance policies during the full contract period at his own cost and ensure that the
insurance policy/ policies is/are kept alive till full expiry of the contract.
REGISTERED OFFICE : PREMLATA BUILDING, 39 SHAKESPEARE SARANI, 6TH FLOOR, KOLKATA-700017, INDIA.
26
POWERPLUS TRADERS PRIVATE LIMITED
(Joint Venture of Orissa Metaliks Pvt Ltd, Rashmi Cement Ltd & Shyam Steel Manufacturing Ltd)
CORPORATE OFFICE: PREMLATA BUILDING, 39 SHAKESPEARE SARANI, 6TH FLOOR, KOLKATA-700017, INDIA
TEL: +91-33 4255 /4266, FAX NO.: +91 33 2289-4254,
E-mail: powerplustrade@gmail.com CIN: U10100WB2012PTC183435
a) makes default in proceeding with the works with due diligence and continues to do so even after a
notice in writing from PTPL. Or
b) commits default/breach in complying with any of the terms and conditions of the contract and does
not remedy it or fails to take effective steps for the remedy to the satisfaction of PTPL even after being
intimated by the company , Or
c) fails to complete the work or items of work with individual dates of completion, on or before the
date/dates of completion or as extended by the company, then on the expiry of the said period Or
d) transfers, sublets, and assigns the entire work or any portion thereof without the prior approval in
writing from PTPL. Or
e) If the contractor being an individual in the case of proprietary concern or in the case of a partnership
firm any of its partners is declared insolvent under the provisions of Insolvency Act for the time being
in force, or makes any conveyance or assignment of his effects or composition or arrangement for the
benefit of his creditors amounting to proceedings for liquidation or composition under any Insolvency
Act. Or
f) In the case of the contractor being a company, its affairs are under liquidation either by a resolution
passed by the contractors company or by an order of court, not being a voluntary liquidation
proceedings for the purpose of amalgamation or reorganization, or a receiver or manager is appointed
by the court on the application by the debenture holders of the contractor's company, if any. or
g) If the contractor shall suffer an execution being levied on his/their goods, estates and allows it to be
continued for a period of 21 (twenty-one) days. Or
h) On the death of the contractor being a proprietary concern or of any of the partners in the case of a
partnership concern and the company is not satisfied that the legal representative of the deceased
proprietor or the other surviving partners of the partnership concern are capable of carrying out and
completing the contract. The decision of the company in this respect shall be final and binding which is
to be intimated in writing to the legal representative or to the partnership concern.
i) In case the termination is effected due to delay in execution of the contract the LD/Penalty and other
damages that may have been suffered by the company would be recovered from the contractor and
shall be adjusted against the payment and security deposit, however, in case, the damages suffered by
the company is in excess of the payment of the contractor retained with the company or the security
deposit, the same shall be recovered by the company in accordance with law.
REGISTERED OFFICE : PREMLATA BUILDING, 39 SHAKESPEARE SARANI, 6TH FLOOR, KOLKATA-700017, INDIA.
27
POWERPLUS TRADERS PRIVATE LIMITED
(Joint Venture of Orissa Metaliks Pvt Ltd, Rashmi Cement Ltd & Shyam Steel Manufacturing Ltd)
CORPORATE OFFICE: PREMLATA BUILDING, 39 SHAKESPEARE SARANI, 6TH FLOOR, KOLKATA-700017, INDIA
TEL: +91-33 4255 /4266, FAX NO.: +91 33 2289-4254,
E-mail: powerplustrade@gmail.com CIN: U10100WB2012PTC183435
a) to pay reasonable amount assessed and certified by the Company of the expenditure incurred, if any,
by the Supplier on inputs incurred in terms of labour and material specifically for execution of the
Order and which cannot be used elsewhere gainfully.
b) to pay for the transportation of equipment, tools and plants of the SUPPLIER from site to SUPPLIER's
place or to any other destination, whichever is less.
c) The decision of the Company shall be final with regard to (a) and (b) above
62. No Liability: -
It is made clear that the Contractor shall be absolutely liable for all compliances i.e. required under the
statute and or obtaining requisite licenses in this regards, for which the Contractor is statutorily and or
contractually responsible. PTPL shall not be held liable for any act/omission of the Contractor
whatsoever made in this regard.
64. Indemnity: -
In addition to the indemnification to be provided by the Contractor as referred to in other clauses of
this document, the Contractor will wholly be liable to provide indemnity in respect of the following
claims / damages / injuries:
REGISTERED OFFICE : PREMLATA BUILDING, 39 SHAKESPEARE SARANI, 6TH FLOOR, KOLKATA-700017, INDIA.
28
POWERPLUS TRADERS PRIVATE LIMITED
(Joint Venture of Orissa Metaliks Pvt Ltd, Rashmi Cement Ltd & Shyam Steel Manufacturing Ltd)
CORPORATE OFFICE: PREMLATA BUILDING, 39 SHAKESPEARE SARANI, 6TH FLOOR, KOLKATA-700017, INDIA
TEL: +91-33 4255 /4266, FAX NO.: +91 33 2289-4254,
E-mail: powerplustrade@gmail.com CIN: U10100WB2012PTC183435
a) Against all claims, damages or compensation under the provisions of payment of Wages Act, 1938,
Minimum Wages Act, 1948, Employer's Liability Act, 1938, The Workmen's Compensation Act, 1923,
Industrial Dispute Act, 1947, Mines Act as applicable, Employees State Insurance Act 1948 and
Maternity Benefit Act, 1961, Acts regulating P.F. or any modification thereof or any other law relating
thereto and rules made there under from time to time, as may be applicable to the contract which
may arise out of or in consequence of the construction or maintenance or performance of the work
under the contract and also against costs, charges and expenses of any suit, action or proceedings
arising out of any accident or injury.
b) The company against all losses and claims for injuries or damages to any third party or to any property
belonging to any third party which may arise out of or in consequence of the construction or
maintenance or performance of the work under the contract and against all claims/demands
proceedings/damages, cost charges and expenses whatsoever in respect of or in relation thereto.
65. Confidentiality: -
Non-Disclosure agreement (NDA) between “PTPL” and “SSMD” shall form an integral part of this
contract. Any work undertaken in connection with this contract, whether directly or indirectly, shall
therefore be subject to the terms of the Non-Disclosure Agreement.
66. Severability: -.
In the event any provision or part of this Agreement is found to be invalid or unenforceable, only that
particular provision or part so found, and not the entire Agreement, will be inoperative and the parties
would under an obligation to continue with the remaining part of the agreement.
67. Others: -
Any alteration, modification, extension, verification, deletion, amendment or any other changes to this
order will not be valid, unless confirmed by the Company in writing. Contractor will not divulge, publish
or a cause to be published by any means what so other, the details concerning service rendered or
goods covered thereby, unless permitted by the Company in writing.
REGISTERED OFFICE : PREMLATA BUILDING, 39 SHAKESPEARE SARANI, 6TH FLOOR, KOLKATA-700017, INDIA.
29
POWERPLUS TRADERS PRIVATE LIMITED
(Joint Venture of Orissa Metaliks Pvt Ltd, Rashmi Cement Ltd & Shyam Steel Manufacturing Ltd)
CORPORATE OFFICE: PREMLATA BUILDING, 39 SHAKESPEARE SARANI, 6TH FLOOR, KOLKATA-700017, INDIA
TEL: +91-33 4255 /4266, FAX NO.: +91 33 2289-4254,
E-mail: powerplustrade@gmail.com CIN: U10100WB2012PTC183435
70. Notice - All notices given under this Agreement must be in writing. Any notice under this agreement
shall be sent via one of the following methods: (a) delivery in person, (b) courier service, (c) registered
email (d) postage to the following persons :-
Company:
i) Mr. K.S. Rao, (CEO): Mob: +91-9534000527/8987722595, e-mail: srinivasarao.k@rashmigroup.com
Ii) Mr. Lokesh Kumar Ray, (Sr. VP) Mob: +91-9830973916,e-mail:lokeshkumar.ray@rashmigroup.com
Annexures: 1: BOQ
2: Scope of Supply Matrix
3: ABG & PBG Formats
4: NDA Format
5. Drawing related to Lattice Girder
REGISTERED OFFICE : PREMLATA BUILDING, 39 SHAKESPEARE SARANI, 6TH FLOOR, KOLKATA-700017, INDIA.
30
BOQ for Additional Work at Jaganathpur B Incline Drivage
Sr. No. Description of Item Unit Quantity
* Mobilization of Equipments & Other required items. (Amount is non-deductable, will be paid after mobilization at site)
SCHEDULE - A: OPEN EXCAVATION
Shotcreting with designed mix cement concrete M25 as per specifications for thickness as specified in the drawing and as directed by
Engineer-in‐Charge in cutting slopes, including all materials, labour, equipments, etc, required for complete job The work includes
1 Cum 481.00
cost of production & application of shotcrete by using shotcrete machine, designing the concrete mix, removal of rebound, curing and
finishing the exposed surface including any other incidental work as a complete job.
Supply, drilling, installation and grouting of ordinary rockbolts of 25mm diameter and specified length in cutting slopes as per approved
drawings & specifications and as directed by Engineer‐in‐Charge. The rate shall include costs of all materials, labour, equipments, staging or
2
platform etc. required for the complete
job.
2.1 L=4.0m Each 100.00
Supply and placing of 100x100x6mm welded wire fabric of Fe500 (steel wire fabric conforming to IS: 1566 1957) as reinforcement in roof
and side walls of tunnel as per approved drawings and specifications and as directed by Engineer‐in‐Charge. The rate shall include all
3 labour, materials, cost of pins, hooks, lead, lift, handling, wastage complete with contractor’sown equipment for complete job. Sqm 1,000.00
Note: The above activities would be required to be executed, depending on the stability of the excavated slopes of the Box Cut
SCHEDULE - B: ROCK BOLTS, WIRE MESH AND OTHER STEEL SUPPORTS
Supply, drilling hole, installation and grouting of forepoling as per approved drawings & specifications or as directed by Engineer. The rate
4 shall include costs of all materials, labour, equipments etc. required for
the complete iob.
4.1 Reinforcement bars, dia. 32 mm of length 6m. Rmt 19,380
Fabrication and erection of lattice girders and all accessories including all lead, lift, wastage, storing, drilling holes, fixing in phases
etc. and installation of accessories for joining the lattice girder segments as per approved workshop drawings of contractor & specification
5 or as directed by Engineer. The rate shall include costs of all materials, labour, equipment, etc. required for the complete job including MT 138
additional cost
for enlargement of top heading footing.
SCHEDULE - C: SUPPORT SYSTEM & CONCRETE
Production, supply and application of Initial Sprayed Concrete of M25 grade with crystaline admixture as per mix design, having 10mm
maximum size of aggregates, having minimum compressive strength of 300kg/sq. cm after 28 days (400 kg of cement per cum)
6 of required thickness including preparation and cleaning of surfaces, placing of plug gauges for control of layer thickness and Cum 2,070
removal of rebound, temporary protection, admixtures and curing except reinforcement and admixtures but including other
materials, if any, as per specifications and drawings or as directed by the Engineer.
Production, supply and application of Final Sprayed Concrete of M25 grade with crystaline admixture as per mix design, having 10mm
maximum size of aggregates, having minimum compressive strength of 300kg/sq. cm after 28 days (400 kg of cement per cum)
8 of required thickness including preparation and cleaning of surfaces, placing of plug gauges for control of layer thickness and Cum 473
removal of rebound, temporary protection, admixtures and curing except reinforcement and admixtures but including other
materials, if any, as per specifications and drawings or as directed by the Engineer.
BOQ for Additional Work at Jaganathpur B Incline Drivage
Sr. No. Description of Item Unit Quantity
Providing and laying Cement concrete M-25 approved Design mix with well graded broken stone aggregate of approved quality with 6mm to
20mm size and sand of approved quality for lining of side walls, arch roof of tunnel, invert and pockets etc. by approved mechanical means
such as concrete pump, placer or similar equipments specifications and as per approved drawings with contractor’s own
materials (except reinforcement steel) including cement, aggregates, admixture, labour, tools, plants and machinery including supplying,
9 fixing and removing of form work, centering, scaffolding, bailing out water by gravity, shoring and timbering and such other measures Cum 652
wherever necessary, machine mixing of all ingredients, vibrating including curing, final rendering after stripping of form work with
all lead, lift, ascent and descent etc. complete in all respect as per drawing and special specifications and also as directed by the
Engineer at site.
Pregrouting grouting (Cement) at a pressure of 7 kg per Sqm cms for ground improvement or filling of voids and cavities using
12.3 suitable materials and mixtures as appropriate as per specifications and as directed MT 16
by Engineer with all men, materials, machinery,etc.
Contact grouting (Cement) at a pressure of 5 kg per Sqm cms for ground improvement or filling of voids and cavities using suitable MT
materials and mixtures as appropriate as per specifications and as directed by Engineer with all men, materials, machineryetc. including
12.4 drilling of holes and inserting pipes for contact 16
grouting.
Drilling of holes upto 100 mm dia holes in rock or shotcrete lining as weep holes / relief holes of required length in any direction as per
12.5 approved drawings & specifications and as directed by Engineer including fixing necessary PVC perforated pipes with all men, material, Rmt 672
machinery etc.
SCHEDULE - E: DRAINAGE AND MISCELLANEOUS WORKS
Providing and installing HDPE pipes with all accessories of following diameters in the tunnel as per
13
approved drawings and specifications and as directed by Engineer-in-Charge.
13.1 110 mm internal diameter Half Perforated HDPE pipe for GSB drainage. Rmt 510
Exploratory drilling and drainage holes up to 35 m length, 10m overlap as per approved drawings & specification or as directed
14 by Engineer (in tunnel & open excavation). Horizontal / sub horizontal in all Rmt 1,000
kind of rocks/soil , Diameter equal or greater than 50 mm.
SCHEDULE - F: GROUTING FOR SOIL
BOQ for Additional Work at Jaganathpur B Incline Drivage
Sr. No. Description of Item Unit Quantity
Drilling of holes of upto 55mm dia, deep inside soil for pressure/consolidation cement grouting including fixing necessary pipes and cost of
15 pipes etc. as per specification and approved drawings or as directed by Rmt 5,886
the Engineer in charge with all men, material, machinery etc.
Providing and installing 55 mm PVC pores pipes with all accessories in the tunnel as per approved Rmt 5,886
16
drawings and specifications and as directed by Engineer-in-Charge.
Cement grouting at a pressure of 7 kg per Sqm cms for ground improvement or filling of voids and cavities using suitable materials and
17 mixtures as appropriate as per specifications and as directed by Engineer with MT 1,442
all men, materials, machinery,etc.
18 WPT Test in Grouting Holes Nos 32
19 Flushing of Holes followed by Grouting Kg 2,14,000
20 Packing of Grouted Holes Nos 214
Scope of Supply of
Scope of Supply of
Scope Matrix for Additional Work at Jaganathpur B Incline Drivage Required Materials
Manpower &
Machineries
Sr. No. Description of Item Contr. Co. Contr. Co.
SCHEDULE - A: OPEN EXCAVATION
Shotcreting with designed mix cement concrete M25 as per specifications for thickness as specified in the drawing and as
directed by Engineer-in‐Charge in cutting slopes, including all materials, labour, equipments, etc, required for
1 complete job The work includes cost of production & application of shotcrete by using shotcrete machine, designing the √ × √ ×
concrete mix, removal of rebound, curing and finishing the exposed surface including any other incidental work as a
complete job.
Supply, drilling, installation and grouting of ordinary rockbolts of 25mm diameter and specified length in cutting slopes as per
approved drawings & specifications and as directed by Engineer‐in‐Charge. The rate shall include costs of all materials, labour,
2
equipments, staging or platform etc. required for the complete √ × √ ×
job.
2.1 L=4.0m √ × √ ×
Supply and placing of 100x100x6mm welded wire fabric of Fe500 (steel wire fabric conforming to IS: 1566 1957) as
reinforcement in roof and side walls of tunnel as per approved drawings and specifications and as directed by
3
Engineer‐in‐Charge. The rate shall include all labour, materials, cost of pins, hooks, lead, lift, handling, wastage complete with √ × √ ×
contractor’sown equipment for complete job.
Note: The above activities would be required to be executed, depending on the stability of the excavated slopes of the Box Cut
SCHEDULE - B: ROCK BOLTS, WIRE MESH AND OTHER STEEL SUPPORTS
Supply, drilling hole, installation and grouting of forepoling as per approved drawings & specifications or as directed by
4 Engineer. The rate shall include costs of all materials, labour, equipments etc. required for
the complete iob.
4.1 Reinforcement bars, dia. 32 mm of length 6m. × √ √ ×
Fabrication and erection of lattice girders and all accessories including all lead, lift, wastage, storing, drilling holes,
fixing in phases etc. and installation of accessories for joining the lattice girder segments as per approved workshop drawings of
5 contractor & specification or as directed by Engineer. The rate shall include costs of all materials, labour, equipment, etc. √ × √ ×
required for the complete job including additional cost
for enlargement of top heading footing.
SCHEDULE - C: SUPPORT SYSTEM & CONCRETE
Production, supply and application of Initial Sprayed Concrete of M25 grade with crystaline admixture as per mix design,
having 10mm maximum size of aggregates, having minimum compressive strength of 300kg/sq. cm after 28 days (400
kg of cement per cum) of required thickness including preparation and cleaning of surfaces, placing of plug gauges
6
for control of layer thickness and removal of rebound, temporary protection, admixtures and curing except √ × √ ×
reinforcement and admixtures but including other materials, if any, as per specifications and drawings or as directed by the
Engineer.
7 Supply and mixing in Shortcrete concrete of poly fibre √ × √ ×
Scope of Supply of
Scope of Supply of
Scope Matrix for Additional Work at Jaganathpur B Incline Drivage Required Materials
Manpower &
Machineries
Sr. No. Description of Item Contr. Co. Contr. Co.
Production, supply and application of Final Sprayed Concrete of M25 grade with crystaline admixture as per mix design,
having 10mm maximum size of aggregates, having minimum compressive strength of 300kg/sq. cm after 28 days (400
kg of cement per cum) of required thickness including preparation and cleaning of surfaces, placing of plug gauges
8
for control of layer thickness and removal of rebound, temporary protection, admixtures and curing except √ × √ ×
reinforcement and admixtures but including other materials, if any, as per specifications and drawings or as directed by the
Engineer.
Providing and laying Cement concrete M-25 approved Design mix with well graded broken stone aggregate of approved quality
with 6mm to 20mm size and sand of approved quality for lining of side walls, arch roof of tunnel, invert and pockets etc. by
approved mechanical means such as concrete pump, placer or similar equipments specifications and as per approved
drawings with contractor’s own materials (except reinforcement steel) including cement, aggregates, admixture, labour,
9 tools, plants and machinery including supplying, fixing and removing of form work, centering, scaffolding, bailing out water by √ × √ ×
gravity, shoring and timbering and such other measures wherever necessary, machine mixing of all ingredients, vibrating
including curing, final rendering after stripping of form work with all lead, lift, ascent and descent etc. complete in
all respect as per drawing and special specifications and also as directed by the Engineer at site.
Providing, placing, welding of 2 mm thick PVC or ECB water proofing membrane including the cost of all
11 materials, labour, equipment's, etc. required for the completion of job as per specifications or as directed by Engineer. √ × √ ×
12 Drilling and Grouting
Drilling of holes of upto 38mm dia, and 5m deep inside concrete or rock for pressure/consolidation cement grouting including
12.1 fixing necessary pipes and cost of pipes etc. as per specification and approved drawings or as directed by the Engineer in charge √ × √ ×
with all men, material, machinery etc.
Pressure grouting (Cement) at a pressure of 7 kg per Sqm cms after every three blast(10m interval) for ground
12.2 improvement using suitable materials and mixtures as appropriate as per specifications and as directed by Engineer with √ × √ ×
all men, materials, machinery,etc.
Pregrouting grouting (Cement) at a pressure of 7 kg per Sqm cms for ground improvement or filling of voids and
12.3 cavities using suitable materials and mixtures as appropriate as per specifications and as directed √ × √ ×
by Engineer with all men, materials, machinery,etc.
Contact grouting (Cement) at a pressure of 5 kg per Sqm cms for ground improvement or filling of voids and cavities using
suitable materials and mixtures as appropriate as per specifications and as directed by Engineer with all men, materials,
12.4
machineryetc. including drilling of holes and inserting pipes for contact √ × √ ×
grouting.
Drilling of holes upto 100 mm dia holes in rock or shotcrete lining as weep holes / relief holes of required length in any
12.5 direction as per approved drawings & specifications and as directed by Engineer including fixing necessary PVC perforated √ × √ ×
pipes with all men, material, machinery etc.
SCHEDULE - E: DRAINAGE AND MISCELLANEOUS WORKS
Scope of Supply of
Scope of Supply of
Scope Matrix for Additional Work at Jaganathpur B Incline Drivage Required Materials
Manpower &
Machineries
Sr. No. Description of Item Contr. Co. Contr. Co.
Providing and installing HDPE pipes with all accessories of following diameters in the tunnel as per
13
approved drawings and specifications and as directed by Engineer-in-Charge.
13.1 110 mm internal diameter Half Perforated HDPE pipe for GSB drainage. √ × √ ×
Exploratory drilling and drainage holes up to 35 m length, 10m overlap as per approved drawings & specification or
14 as directed by Engineer (in tunnel & open excavation). Horizontal / sub horizontal in all √ × √ ×
kind of rocks/soil , Diameter equal or greater than 50 mm.
SCHEDULE - F: GROUTING FOR SOIL
Drilling of holes of upto 55mm dia, deep inside soil for pressure/consolidation cement grouting including fixing necessary
15 pipes and cost of pipes etc. as per specification and approved drawings or as directed by √ × √ ×
the Engineer in charge with all men, material, machinery etc.
Providing and installing 55 mm PVC pores pipes with all accessories in the tunnel as per approved
16
drawings and specifications and as directed by Engineer-in-Charge. √ × √ ×
Cement grouting at a pressure of 7 kg per Sqm cms for ground improvement or filling of voids and cavities using suitable
17 materials and mixtures as appropriate as per specifications and as directed by Engineer with √ × √ ×
all men, materials, machinery,etc.
18 WPT Test in Grouting Holes √ × √ ×
19 Flushing of Holes followed by Grouting √ × √ ×
20 Packing of Grouted Holes √ × √ ×
All Cement, Stone Chips, Aggregates, Admixtures and any other Raw Materials which needs to be consumed to perform the jobs UNDER THE SCOPE OF THE CONTRACTOR
Only 32mm (6 mtr) Rod for Forepoling against Schedule B, Sr. No. 4.1 will be provided by PTPL
1
WHEREAS,
Page 1 of 5
2
AND WHEREAS IN ACCORDANCE WITH THE TERMS AND CONDITIONS OF THE SAID
CONTRACT/PURCHASE ORDERS BENIFICIARY HAS AGREED TO PAY TO MATERIAL VALUE
PAYMENT OF …………………… (VALUE IN FIGURE AND WORDS) (I.E., ____% OF THE CONTRACT
VALUE) AS PER THE TERMS OF CONTRACT, AGAINST FURNISHING OF BANK GUARANTEE
FROM A RECOGNIZED BANK IN FAVOUR OF BENIFICIARY BY THE PRINCIPAL WHICH
EXPRESSION, AS THE CONTEXT SO PERMITS, SHALL INCLUDE ITS PROPRIETOR, PARTNERS
AND SISTER CONCERN AND GROUP COMPANY FOR THE EQUIVALENT AMOUNT OF
MATERIAL VALUE AS MENTIONED ABOVE.
AND WHEREAS THE GUARANTOR AT THE REQUEST OF PRINCIPAL HAS AGREED TO GIVE
GUARANTEE IN FAVOUR OF BENIFICIARY ON THE FOLLOWING TERMS AND CONDITIONS:
Page 2 of 5
3
3. ANY PAYMENT MADE HEREUNDER SHALL BE MADE FREE AND CLEAR OF AND WITHOUT
DEDUCTION FOR, OR ON ACCOUNT OF, ANY PRESENT OR FUTURE TAXES, LEVIES,
IMPOSTS, DUTIES, CHARGES, FEES, COMMISSIONS, DEDUCTIONS OR WITHHOLDINGS OF
ANY NATURE WHATSOEVER
Page 3 of 5
4
8. THIS GUARANTEE SHALL BE VALID FROM ITS ISSUANCE AND REMAIN VALID UNTIL
…………………….. (EXPIRY DATE). ANY DEMAND IN RESPECT OF THIS GUARANTEE
SHOULD REACH US AT OUR BRANCH ………………….. (KOLKATA BRANCH ADDRESS) ON
OR BEFORE THE ……………… (CLAIM DATE).
9. THE BANK HEREBY WAIVES THE NECESSITY FOR THE BENEFICIARY FROM DEMANDING
THE AFORESAID AMOUNT OR ANY PART THEREOF FROM THE PRINCIPAL AND ALSO
WAIVES ANY RIGHT THAT THE BANK MAY HAVE OF FIRST REQUIRING THE BENEFICIARY
TO PURSUE ITS LEGAL REMEDIES AGAINST THE PRINCIPAL, BEFORE PRESENTING ANY
DEMAND TO THE BANK FOR PAYMENT UNDER THIS GUARANTEE.
Page 4 of 5
5
12. THE SUPPLIER SHALL BEAR THE STAMP DUTY IN RESPECT OF THIS INSTRUMENT.
13. THOUGH THIS IS A CONTINUING GUARANTEE OUR LIABILITY UNDER THIS DEED OF
GUARANTEE IS RESTRICTED TO A SUM OF ………………….…… (VALUE IN FIGURE AND
WORDS), AND OUR GUARANTEE SHALL REMAIN IN FORCE UNTIL THE CLAIM DATE OF
GUARANTEE. AFTER THE CLAIM DATE ALL RIGHTS OF BENIFICIARY UNDER THE SAID
GUARANTEE SHALL BE RELIEVED OR DISCHARGED FROM ALL LIABILITY THERE UNDER.
STAND COMPLETELY DISCHARGED AND ALL YOUR RIGHTS UNDER THIS GUARANTEE SHALL
BE EXTINGUISHED IF NO CLAIM OR DEMAND IS MADE UPON US IN WRITING AND RECEIVED
BY US ON OR BEFORE___________ AT OUR BRANCH LOACTED AT ……………(KOLKATA).
IN WITNESS WHEREOF THE GUARANTOR HAS EXECUTED THIS DEED OF GUARANTEE ON THE
DATE MONTH AND YEAR HEREIN ABOVE MENTIONED.
Note:
a) BG opening confirmation to be advised under SFMS / Swift (as per case scenario).
b) Operable Clause at Kolkata Branch Necessary. I.e., written demand will be submitted at any
local branch of Kolkata.
c) In case of foreign party, BG will be advised under Swift and demand under BG will be made
under swift arrangement.
d) Advising Bank detail will be taken from Banking Division.
Page 5 of 5
1
WHEREAS,
AND WHEREAS IN ACCORDANCE WITH THE TERMS AND CONDITIONS OF THE SAID CONTRACT, THE
PRINCIPAL HAS AGREED TO FURNISH PERFORMANCE BANK GUARANTEE FROM A RECOGNIZED BANK TO
BENIFICIARY FOR RS. _________________ (RUPEES THREE LAKHS SEVENTYFIVE THOUSAND ONLY) (VAL-
UE IN FIGURE AND WORDS) (I.E., 10% OF THE CONTRACT VALUE) AS SECURITY FOR COMPLIANCE WITH
PRINCIPAL’S PERFORMANCE OBLIGATIONS IN ACCORDANCE WITH THE CONTRACT.
Page 1 of 4
2
AND WHEREAS THE GUARANTOR AT THE REQUEST OF PRINCIPAL HAS AGREED TO GIVE GUARANTEE IN
FAVOUR OF BENIFICIARY ON THE FOLLOWING TERMS AND CONDITIONS:
3. ANY PAYMENT MADE HEREUNDER SHALL BE MADE FREE AND CLEAR OF AND WITHOUT DEDUC-
TION FOR, OR ON ACCOUNT OF, ANY PRESENT OR FUTURE TAXES, LEVIES, IMPOSTS, DUTIES,
CHARGES, FEES, COMMISSIONS, DEDUCTIONS OR WITHHOLDINGS OF ANY NATURE WHATSOEVER.
4. THE GUARANTOR FURTHER UNDERTAKES THAT THIS GUARANTEE SHALL BE KEPT VALID AND
BINDING ON THE BANK FROM THE TIME THE BANK GUARANTEE IS GIVEN UNTIL THE DATE SPECI-
FIED IN THE RELEVANT CLAUSE OF THE BANK GUARANTEE.
5. THE BANK GUARANTEE SHALL NOT BE TERMINABLE BY NOTICE OR ANY CHANGE IN THE CON-
STITUTION OF THE BANK OR FOR ANY REASON WHATSOEVER. THE LIABILITY OF THE GUARANTOR
HEREIN SHALL NOT BE IMPAIRED OR DISCHARGED BY ANY EXTENSION OF TIME OR VARIATIONS OR
ALTERATIONS MADE, GIVEN, CONCEDED OR AGREED BETWEEN BENIFICIARY AND PRINCIPAL.
6. THE GUARANTOR FURTHER UNDERTAKES NOT TO REVOKE THIS GUARANTEE DURING ITS VALID-
ITY WITHOUT THE WRITTEN CONSENT OF THE BENIFICIARY.
Page 2 of 4
3
7. THIS GUARANTEE SHALL BE VALID FROM ITS ISSUANCE AND REMAIN VALID UNTIL
____________________ (EXPIRY DATE). ANY DEMAND IN RESPECT OF THIS GUARANTEE SHOULD
REACH US AT OUR BRANCH ____________ (KOLKATA BRANCH ADDRESS) ON OR BEFORE THE
______________________ (CLAIM DATE).
8. THE BANK HEREBY WAIVES THE NECESSITY FOR THE BENEFICIARY FROM DEMANDING THE
AFORESAID AMOUNT OR ANY PART THEREOF FROM THE PRINCIPAL AND ALSO WAIVES ANY RIGHT
THAT THE BANK MAY HAVE OF FIRST REQUIRING THE BENEFICIARY TO PURSUE ITS LEGAL REME-
DIES AGAINST THE PRINCIPAL, BEFORE PRESENTING ANY DEMAND TO THE BANK FOR PAYMENT
UNDER THIS GUARANTEE.
9. THE GUARANTEE SHALL REMAIN VALID TILL ____________ UNLESS A DEMAND UNDER THIS
GUARANTEE IS RECEIVED BY THE BANK ON OR BEFORE THAT DATE, ALL THE RIGHTS OF THE SUP-
PLIER UNDER THIS GUARANTEE SHALL BE FORFEITED AND THE BANK SHALL BE RELEASED AND DIS-
CHARGED FROM ALL LIABILITIES HEREUNDER.
11. THE SUPPLIER SHALL BEAR THE STAMP DUTY IN RESPECT OF THIS INSTRUMENT.
12. THOUGH THIS IS A CONTINUING GUARANTEE OUR LIABILITY UNDER THIS DEED OF GUARANTEE
IS RESTRICTED TO A SUM OF RS._____________ (RUPEES ________________ONLY). AFTER THE
CLAIM DATE ALL RIGHTS OF BENIFICIARY UNDER THE SAID GUARANTEE SHALL BE RELIEVED OR DIS-
CHARGED FROM ALL LIABILITY THERE UNDER.
WE REPEAT THAT NOTWITHSTANDING ANYTHING HEREIN CONTAINED, OUR LIABILITY UNDER THE
GUARANTEE SHALL BE LIMITED TO A SUM NOT EXCEEDING RS._______________ (RUPEES
______________________ ONLY), STAND COMPLETELY DISCHARGED AND ALL YOUR RIGHTS UNDER
THIS GUARANTEE SHALL BE EXTINGUISHED IF NO CLAIM OR DEMAND IS MADE UPON US IN WRITING
AND RECEIVED BY US ON OR BEFORE ____________________ AT OUR BRANCH LOACTED AT
________________(KOLKATA).
Page 3 of 4
4
THIS BANK GUARANTEE SHALL BE GOVRNED AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE
INDIA. THE COURTS OF KOLKATA HAVE EXCLUSIVE JURISDICTION TO SETTLE ANY DISPUTE AND/OR
CLAIM ARISNG OUT OF OR IN CONNECTION WITH THIS BANK GUARENTEE
IN WITNESS WHEREOF THE GUARANTOR HAS EXECUTED THIS DEED OF GUARANTEE ON THE DATE
MONTH AND YEAR HEREIN ABOVE MENTIONED.
Note:
a) BG opening confirmation to be advised under SFMS / Swift (as per case scenario).
b) Operable Clause at Kolkata Branch Necessary. I.e., written demand will be submitted at any
local branch of Kolkata.
c) In case of foreign party, BG will be advised under Swift and demand under BG will be made
under swift arrangement.
d) Advising Bank detail will be taken from Banking Division.
Page 4 of 4
CONFIDENTIAL
NON-DISCLOSURE AGREEMENT
BY AND BETWEEN
(“Disclosing Party”)
AND
XYZ CONSULTANTS
(“Receiving Party”)
NON-DISCLOSURE AGREEMENT
BY AND BETWEEN
AND
Disclosing Party and Receiving Party are hereinafter collectively referred to as “Parties” and
individually as “Party”.
WHEREAS:
A. The Disclosing Party is engaged in the business of mining of coal and minerals and
allied business activities.
D. During their discussions and other communications, the Disclosing Party and/or any
of its Associates (as defined below) will disclose information to the Receiving Party
and/or any of its Associates which the Disclosing Party deems confidential, privileged
or trade secrets and which is summarized in a writing sent by the Disclosing Party to
the Receiving Party. Receiving Party agrees that, it should not copy, disclose or use the
Confidential Information (as defined herein below) except in accordance with this
Agreement.
E. The Parties are willing to execute this Agreement in exchange for the opportunity to
transact business with the other Party.
1
hereby acknowledged by each Party, the Parties hereby agree and covenant as follows:
1. The Parties agree that the recitals, annexures or schedules shall form an integral and
operative part of this Agreement.
2.1 Definitions
“Personnel” shall mean all employees including the directors, officers, advisors,
consultants and any person by whatever name called engaged by or agents of
Recipient who have access to the Confidential Information directly or indirectly;
2.2 Interpretation
(a) Words importing the singular include the plural and vice versa and words
importing a gender include the other gender.
(b) The word “person” or “party” includes a firm, body corporate,
unincorporated association or authority.
(c) A reference to a thing is a reference to the whole and each part of it.
(d) Where a word or phrase is given a particular meaning, other parts of speech
and grammatical forms of that word or phrase have corresponding meanings.
3. CONFIDENTIAL INFORMATION
3.1 As used herein, “Confidential Information” shall mean any information, materials
2
and communications, whether written or electronic or oral or in any other form or
format (including, without limitation, any written memorials or summaries of, or
notes about, oral communications which contain Confidential Information (as
defined herein) which have been or are directly or indirectly disclosed by the
Disclosing Party to the Receiving Party which are:
(a) confidential, privileged or proprietary in nature;
(b) designated in writing or by stamp by the Disclosing Party as being
“Confidential Information”; or
(c) any identification or description of the Disclosing Party’s non-public current
or proposed business activities, inventions and discoveries (whether
patentable or otherwise), methods or know‐how, processes, marketing
studies, projections, mailing lists, procedure manuals, computer software,
designs, trade secrets, patents, copyrights, marketing plans, prototypes,
models, source codes, object codes, technical or non‐technical data, formulae,
compilations, devices, drawings, lists of actual or potential customers,
suppliers, or employees, project reports, business opportunities, proposals
writings, drawings, financial data, financial models, computer software,
related documentation of all kinds and related hardware, arithmetic
processes and related advertising, concept, and strategy, and any variations,
customers, suppliers, investors, funding sources, documentation, joint
venture, or strategic alliances, deals or transactions.
3.3 Confidential Information shall not include any such information that:
(a) prior to disclosure, is known to the public, or after disclosure, becomes
generally known or available to the public through no act or omission of the
Receiving Party in violation of this Agreement;
(b) is already known to the Receiving Party, without any restriction as to use or
disclosure and was properly obtained by the Receiving Party prior to the
effective date of this Agreement;
(c) is independently developed by the Receiving Party without reference or
access to or use of the Confidential Information of the Disclosing Party; or
(d) is, or subsequently becomes, rightfully and without breach of this
Agreement, in the possession of the Receiving Party a source which was
never under a duty of confidentiality with regard to such Confidential
Information and was lawfully entitled to disclose such Confidential
Information;
(e) disclosure of which is required by law or by order of a court of competent
jurisdiction.
3
(b) take all reasonable precautions to preserve the confidentiality of the
Confidential Information, including but not limited to:
(i) complying with security measures designed to safeguard the
Confidential Information from unauthorised access and/or use;
(ii) keep the Confidential Information under its and its Associates’ strict
control;
(iii) immediately notify the other Party if it, or any of its officers or
employees, suspects or is aware the Confidential Information is being
copied, disclosed or used in violation of the terms of this Agreement.
(c) hold the Confidential Information, in strict confidence and shall treat as
valuable and protected from disclosure in any way to any person or entity
that is not a “Party” to this Agreement.
(d) not disclose such Confidential Information to any third Parties except as
contemplated under this Agreement;
4.2 In the case of Confidential Information that is disclosed only orally, the Disclosing
Party shall, within seven days after such disclosure, deliver to the Receiving Party a
brief written description of such Confidential Information; identifying the place and
date of such oral disclosure and the names of the representatives of the Receiving
Party to whom such disclosure was made. It is expected that such information will
bear a legend or label of “Confidential” or other similar designation manifesting
intent that the information is confidential.
4.4 Receiving Party, if it has a legal obligation to disclose the Confidential Information
to a third party or any Government authority or any court jurisdiction under Clause
4.2 (b), shall at first instance intimate the Disclosing Party for the same. Thereafter
the Receiving Party, in consent with the Disclosing Party, may disclose such
Confidential Information as required and make reasonable efforts to preserve the
confidentiality of the Confidential Information, including but not limited to
cooperating with the other party to obtain an appropriate order or other reliable
assurance that the confidentiality of the Confidential Information will be preserved
by the third party.
4.5 The Receiving Party agrees, understands, and acknowledges that unauthorized
disclosures of Confidential Information would have a significant, adverse impact, if
not a ruinous impact, on the business of the Disclosing Party.
4.6 The Receiving Party agrees that it will not use any Confidential Information in any
manner that constitutes bad faith, is materially detrimental to the Disclosing Party’s
best interests, or benefits the Receiving Party or its associates to the detriment of the
4
Disclosing Party. The Receiving Party shall not use any Confidential Information to
start a business enterprise, joint venture, marketing campaign, operation, or any
other form of business, marketing or advertising that competes directly with the
proposed businesses of the Disclosing Party.
4.7 Disclosing Party may at any time by written notice ask the Receiving Party to
provide copies of the Confidential Information in its possession, whether given to it
by the Disclosing Party or created by the recipient under this Agreement. Receiving
Party must comply with the notice as soon as is reasonably practicable.
4.8 Any part of the Confidential Information that cannot conveniently be returned to the
Disclosing Party will be destroyed in the way reasonably directed by the Disclosing
Party. The Receiving Party is not required to destroy computer back-up files on
which Confidential Information may be stored, but may hand over the files in its
original form and form derived out of it, to the Disclosing Party.
4.9 Receiving Party shall limit its disclosure of the Confidential Information to its
Personnel on a need to know basis and who shall agree to comply with the
restrictions set forth in this Agreement, provided that Receiving Party shall be solely
responsible for any failure of its Personnel to comply with the restrictions contained
in this Agreement.
4.10 The Receiving Party confirms that Confidential Information shared with them, shall
primarily be known only to any one or more of the levels, within their organization,
as indicated below:-
a. Senior Management i.e. Board of Directors to Vice Presidents;
b.Middle Management i.e. General Managers to Managers; and
c.Junior Management i.e. Assistant Managers only.
5.2 The Disclosing Party has the right to terminate this Agreement forthwith during the
Term or renewed term of this Agreement, in case the Receiving Party has done or
acted anything which is contrary to terms and conditions of this Agreement and/or
the Disclosing Party deems necessary to terminate this Agreement.
5.3 Even after termination of this Agreement or anytime thereafter, the Receiving Party
shall not share any Confidential Information to other person without prior consent
of the Disclosing Party subject to Clause 3.2 of this Agreement.
5.4 After Termination of this Agreement, at the discretion of Disclosing Party and
subject to Clause 3.2 of this Agreement, the Parties shall:
(a) maintain those Confidential Information or trade secrets as confidential for
lifetime; or
(b) hand over the Confidential Information to the Disclosing Party in whatsoever
5
form or media it stands.
5.5 However, the termination of this Agreement shall only mean the stoppage of
exchange of Confidential Information and such termination shall not relieve the
Receiving Party of the Confidentiality Obligations for the Confidential Information
received by the Receiving Party and obligations imposed by this entire Agreement.
6.2 the execution, delivery and performance of its obligations under this
Agreement does not and will not:
(a) contravene any law, regulation or order of any governmental or other
official body or agency or any judgment or decree of any court having
jurisdiction over it; or
(b) conflict with or result in any breach or default under any agreement,
instrument, regulation, licence or authorisation binding upon it or any
of its assets; and
6.3 there has been no event or occurrence which might reasonably be expected to
have a material adverse effect on its ability to perform its obligations
hereunder;
6.4 Receiving Party represents and warrants that it has complied with and will
continue to comply with their obligations arising from data protection and
privacy laws in force from time to time to the extent applicable to this
Agreement; and
7. INJUNCTIVE RELIEF
It is understood and agreed that money damages would not be sufficient remedy for
any breach of this Agreement and that the Disclosing Party shall be entitled to
injunctive relief as a remedy for such breach, without prejudice to any other rights or
remedies available to Disclosing Party under the applicable law.
8. SOLE PROPERTY
All Confidential Information remains the sole and exclusive property of the
Disclosing Party. Each Party acknowledges and agrees that nothing in this
Agreement will be construed as granting any rights to the Receiving Party, by
license or otherwise, in or to any Confidential Information of the Disclosing Party, or
any patent, copyright or other intellectual property or proprietary rights of the
Disclosing Party, except as specified in this Agreement. It is also agreed by and
between the Parties that this Agreement shall not grant to either Party any rights in
or to the Party’s Confidential Information, except the limited right to review the
Confidential Information solely for the Purpose between the Parties.
6
9. REMEDIES:
In the event of a breach or threatened breach of this Agreement by a Receiving Party
or those acting on Receiving Party’s behalf, Disclosing Party will have an adequate
remedy at law and shall be entitled to equitable relief, including an injunction or
specific performance in respect of such breach or threatened breach. The election by
the Disclosing Party to seek equitable remedies shall not prohibit the Disclosing
Party from also pursuing any other available remedies, whether legal or equitable in
nature, against the breaching party. In particular, in the event that a Receiving Party
circumvents this Agreement, the Disclosing Party shall be entitled to a legal
monetary penalty equal to the maximum service it should realize from the relevant
transaction damage or loss caused due to the breach of this Agreement. In the case
of any action, the prevailing Disclosing Party shall be entitled to an award of
litigation expenses, interest, and reasonable attorneys’ fees, in addition to any other
remedy obtained.
10. DISCLAIMER
Disclosing Party makes no representation or warranty as to accuracy, completeness,
condition, permanence, non-infringement, suitability or performance of the
information and Disclosing Party shall have no liability whatsoever to Receiving
Party or any other party resulting from its use of or reliance upon the information
and materials
11. INDEMNITY
The Receiving Party further agrees to indemnify the Disclosing Party against all
actual loss and damage which the Disclosing Party may suffer as a result of any
breach of this Agreement by the Receiving Party or their Associates and other third
parties of the Confidential Information. Provided that the Disclosing Party shall
forthwith give written notice to the Receiving Party of the loss and damage, with
adequate justification.
7
13.2 This Agreement shall be governed and interpreted by, and construed in accordance
with the laws of India and Courts in Kolkata shall have primary jurisdiction over all
issues arising from or connected to this Agreement.
15. MISCELLANEOUS
15.1 Any provision of or a right created under this Agreement may not be:
(a) waived except in writing signed by the Party granting the waiver; or
(b) varied except in writing signed by the Parties.
(c) No delay by either party in enforcing any of the terms or conditions of this
Agreement shall affect or restrict that party’s rights and powers arising under
this Agreement. No waiver or amendment of any term or condition of this
Agreement will be effective unless made in writing and signed by both parties.
15.2 This Agreement shall be binding upon each Party’s Associates, heirs, successors, and
assigns.
15.4 The signatories below represent and covenant that they have the authority to execute
this Agreement on behalf of the named Party and to bind that Party to the terms and
conditions of this Agreement.
15.5 Notwithstanding any other provision hereof to the contrary, neither Party is under
any obligation nor has any right to engage in or continue any negotiations relating to
the possible implementation of any other clauses not included in this Agreement.
Each Party shall bear its own costs and expenses in connection with the activities
contemplated by this Agreement.
15.6 Any notice or other communication under this Agreement shall be deemed to be
duly given when personally delivered or when mailed by certified or registered
mail, return receipt requested and postage prepaid, to such other Party at its address
as stated below, or at such other address as each Party may hereafter designate to the
other Party in writing. Delivery of a notice or other communication to a Party at the
address set forth below or designated by that Party shall constitute bona fide
delivery of notice to all of that Party’s Associates. The notice addresses are:
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Receiving Party: XYZ
Address: ………………………………………………………
Attention: ……………………………………..
E-mail: ………………………………………
15.7 This Agreement may be executed in two or more counterparts, each of which shall
be deemed to be an original, but each of which together shall constitute one and the
same document.
15.8 This Agreement shall constitute the entire agreement between the Parties i.e. this
Agreement is the complete and exclusive statement regarding the subject matter of
this Agreement and supersedes all prior agreements, understandings and
communications, oral or written, between the Parties regarding the subject matter of
this Agreement.
IN WITNESS WHEREOF the Parties hereto have hereunto set their respective hands and
seals on the day and year first hereinabove written.
Witnesses
For Powerplus Traders Private Limited For XYZ
1. …………………………………………….. 1. ……………………………………………..
2. …………………………………………….. 2. ……………………………………………..
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CLIENT:- PROJECT TITLE:- SHEET TITLE:- CONSULTANT:-