EOI No: NTPC/NRHQ/EOI/FLY ASH SALE/ 2016-17
INVITATION FOR EXPRESSION OF INTEREST (EOI)
FOR SALE OF DRY FLY ASH
NTPC Limited
(A Government of India Enterprise)
Invitation of Expression of Interest (EOI) for issue of fly ash presently on ‘free of cost’and ‘as is where is’ on long term basis from NTPC SINGRAULI Super Thermal Power Station, located at Shakti Nagar, PO- Shakti Nagar, District- Sonebhadra in Uttar Pradesh, PIN-231222, NTPC RIHAND Super Thermal Power Station, located at Rihand Nagar, PO- Rihand Nagar, District Sonebhadra in Uttar Pradesh, PIN-231223 and NTPC VINDHYACHAL Super Thermal Power Station, located at Vindhya Nagar, PO- Vindhya Nagar, District Singrauli in Madhya Pradesh, PIN-486885.
NTPC Limited, the largest power generating company in India invites Expression of Interest (EOI) from interested parties i.e. Cement/Asbestos Product/RMC Plant/ other ash based product manufacturer in the prescribed FORMAT for issue of fly ash from plant silos at NTPC’s Thermal Power Stations located at above three locations which will be considered for entering into10/15 years agreement by NTPC Singrauli, Rihand and Vindhyachal station as per standard FORMAT FOR AGREEMENT. The fly ash quantity available is as given below:
NTPC Station |
Total Dry Fly Ash available in Lakh |
No of Silos with storage capacity |
Capacity |
metric tonne per year |
|
NTPC Singrauli- |
1.752 Lakh MT (Partly Stage-I) |
2 x300 MT in Stage-I |
2000MW |
|
|
NTPC Rihand- |
10.950 Lakh MT (Stage-II 2x500MW) |
2x 750 MT & 1 x 1500 MT in |
3000MW |
|
Stage-II |
NTPC Vindhyachal- |
20 Lakh MT (Stage-II &III 4x500MW) |
3 x 500 MT in Stage-II |
4760MW |
|
2 x 1250 MT in Stage-III |
How to apply:
Interested Parties are requested to submit their application for EOI duly filled in the prescribed FORMAT separately for each NTPC station i.e. NTPC Singrauli, NTPC Rihand and NTPC Vindhyachal. The application for Expression of Interest (EOI) by interested parties, duly filled in the prescribed FORMAT may be sent on or before 06.05.2016 upto 1700 hrs to the following addresses:
1)Application for EOI for NTPC Singrauli may be sent to:
Sri J S Ahlawat ,Additional General Manager (Ash Handling Plant),
NTPC Singrauli Super Thermal Power Station, P.O.-Shakti Nagar, Distt- Sonebhadra (UP)- 231222 Mb No: 07379829333, 09650994441, email: jsahlawat@ntpc.co.in
2)Application for EOI for NTPC Rihand may be sent to:
R Y Pandey, Additional General Manager, Ash Utilization Department,
NTPC Rihand Super Thermal Power Station , P.O.-Rihand Nagar, Distt- Sonebhadra (UP)-231223 Mb No: 9455881211, email: rypandey@ntpc.co.in
3)Application for EOI for NTPC Vindhyachal may be sent to:
R K Darbari, Additional General Manager, Ash Utilization Department,
NTPC Vindhyachal Super Thermal Power Station,P.O-Vindhya Nagar,Distt-Singrauli(MP)-486885 Mb No: 9479482639, email: rkdarbari@ntpc.co.in
For Downloading Prescribed FORMAT for EOI application for each NTPC station i.e. NTPC Singrauli, NTPC Rihand and NTPC Vindhyachal and standard FORMAT FOR AGREEMENT and other details documents of Expression of Interest (EOI), please visit NTPC website:- www.ntpctender.com
Above details can also be obtained from addresses given above for respective NTPC stations.
EOI No: NTPC/NRHQ/EOI/FLY ASH SALE/ 2016-17
Format for Response to EOI
(On the company letter head duly signed by Authorised Signatory with company seal)
Expression of Interest (EOI) for entering into a long term agreement for supply of fly ash from NTPC Singrauli Super Thermal Power Station
(Qty. available for long term agreement is 1.752 LMT/annum) and
(Period of tie up : 10 to 15 years)
1. |
Name of the interested party |
: |
________________________________ |
2. |
Address |
: |
________________________________ |
|
|
|
________________________________ |
|
|
|
________________________________ |
3. |
Nature of business: (tick the applicable box) |
|
|
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Cement Manufacturer : |
Ready Mix Concrete (RMC) |
: |
|
LWA Manufacturer |
Asbestos: |
|
|
|
Other Ash Based Product, pl specify): |
|
|
|
_________________________________________________________ |
4. |
Type of products being dealt |
: _______________________________________ |
5. |
Classification of company |
: Public limited |
|
Private Limited |
|
|
Partnership Firm |
|
|
|
Others (please specify):____________________ |
6. |
Contact details: |
Name: _________________________________ |
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Designation:_____________________________ |
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Tel. No with std code: _____________________ |
|
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Fax No: ________________________________ |
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Mobile No: ______________________________ |
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Email ID: _______________________________ |
7. |
Proposed end use of fly ash |
: Cement |
RMC |
Asbestos |
EOI No: NTPC/NRHQ/EOI/FLY ASH SALE/ 2016-17
|
|
Ash based products |
LWA |
|
|
Others (Please specify) |
_______________ |
8. |
Years of experience in the business |
: ________________________________ |
9. |
Annual turnover of the Business |
: ________________________________ |
10. |
Location & other details of Party: |
: |
|
a)Distance of Ash Utilization unit from NTPC Thermal Power Station : _____ km
b)Address:
c)Details of License/Registration (if available / as applicable):
11. Total Requirement of fly ash |
: |
________________Tonnes / Annum |
12. Period of fly ash requirement |
: |
________________ years |
|
13. Whether willing to enter into long term MOU |
: |
YES |
NO |
14. Any other additional information the party wants to provide:
The information furnished above are true to the best of my knowledge and belief.
Date: |
Signature: |
Place: |
Name of the Person |
|
Designation: |
|
Name of the Company/Party |
|
Address |
|
Company/agency seal |
EOI No: NTPC/NRHQ/EOI/FLY ASH SALE/ 2016-17
Format for Response to EOI
(On the company letter head duly signed by Authorised Signatory with company seal)
Expression of Interest (EOI) for entering into a long term agreement for supply of fly ash from NTPC Rihand Super Thermal Power Station
(Qty. available for long term agreement is 10.95 LMT/annum) and
(Period of tie up : 10 to 15 years)
1. |
Name of the interested party |
: |
________________________________ |
2. |
Address |
: |
________________________________ |
|
|
|
________________________________ |
|
|
|
________________________________ |
3. |
Nature of business: (tick the applicable box) |
|
|
|
Cement Manufacturer : |
Ready Mix Concrete (RMC) |
: |
|
LWA Manufacturer |
Asbestos: |
|
|
|
Other Ash Based Product, pl specify): |
|
|
|
_________________________________________________________ |
4. |
Type of products being dealt |
: _______________________________________ |
5. |
Classification of company |
: Public limited |
|
Private Limited |
|
|
Partnership Firm |
|
|
|
Others (please specify):____________________ |
6. |
Contact details: |
Name: _________________________________ |
|
|
Designation:_____________________________ |
|
|
Tel. No with std code: _____________________ |
|
|
Fax No: ________________________________ |
|
|
Mobile No: ______________________________ |
|
|
Email ID: _______________________________ |
7. |
Proposed end use of fly ash |
: Cement |
RMC |
Asbestos |
EOI No: NTPC/NRHQ/EOI/FLY ASH SALE/ 2016-17
|
|
Ash based products |
LWA |
|
|
Others (Please specify) |
_______________ |
8. |
Years of experience in the business |
: ________________________________ |
9. |
Annual turnover of the Business |
: ________________________________ |
10. |
Location & other details of Party: |
: |
|
a)Distance of Ash Utilization unit from NTPC Thermal Power Station : _____ km
b)Address:
c)Details of License/Registration (if available / as applicable):
11. Total Requirement of fly ash |
: |
________________Tonnes / Annum |
12. Period of fly ash requirement |
: |
________________ years |
|
13. Whether willing to enter into long term MOU |
: |
YES |
NO |
14. Any other additional information the party wants to provide:
The information furnished above are true to the best of my knowledge and belief.
Date: |
Signature: |
Place: |
Name of the Person |
|
Designation: |
|
Name of the Company/Party |
|
Address |
|
Company/agency seal |
EOI No: NTPC/NRHQ/EOI/FLY ASH SALE/ 2016-17
Format for Response to EOI
(On the company letter head duly signed by Authorised Signatory with company seal)
Expression of Interest (EOI) for entering into a long term agreement for supply of fly ash from NTPC Vindhyachal Super Thermal Power Station
(Qty. available for long term agreement is 20 LMT/annum) and
(Period of tie up : 10 to 15 years)
1. |
Name of the interested party |
: |
________________________________ |
2. |
Address |
: |
________________________________ |
|
|
|
________________________________ |
|
|
|
________________________________ |
3. |
Nature of business: (tick the applicable box) |
|
|
|
Cement Manufacturer : |
Ready Mix Concrete (RMC) |
: |
|
LWA Manufacturer |
Asbestos: |
|
|
|
Other Ash Based Product, pl specify): |
|
|
|
_________________________________________________________ |
4. |
Type of products being dealt |
: _______________________________________ |
5. |
Classification of company |
: Public limited |
|
Private Limited |
|
|
Partnership Firm |
|
|
|
Others (please specify):____________________ |
6. |
Contact details: |
Name: _________________________________ |
|
|
Designation:_____________________________ |
|
|
Tel. No with std code: _____________________ |
|
|
Fax No: ________________________________ |
|
|
Mobile No: ______________________________ |
|
|
Email ID: _______________________________ |
7. |
Proposed end use of fly ash |
: Cement |
RMC |
Asbestos |
EOI No: NTPC/NRHQ/EOI/FLY ASH SALE/ 2016-17
|
|
Ash based products |
LWA |
|
|
Others (Please specify) |
_______________ |
8. |
Years of experience in the business |
: ________________________________ |
9. |
Annual turnover of the Business |
: ________________________________ |
10. |
Location & other details of Party: |
: |
|
a)Distance of Ash Utilization unit from NTPC Thermal Power Station : _____ km
b)Address:
c)Details of License/Registration (if available / as applicable):
11. Total Requirement of fly ash |
: |
________________Tonnes / Annum |
12. Period of fly ash requirement |
: |
________________ years |
|
13. Whether willing to enter into long term MOU |
: |
YES |
NO |
14. Any other additional information the party wants to provide:
The information furnished above are true to the best of my knowledge and belief.
Date: |
Signature: |
Place: |
Name of the Person |
|
Designation: |
|
Name of the Company/Party |
|
Address |
|
Company/agency seal |
EOI No: NTPC/NRHQ/EOI/FLY ASH SALE/ 2016-17
SALIENT FEATURES
The salient points covered in the standard format for agreement are given below. However the applicants may also go through the attached standard format for agreement for complete details.
1.Agreement will be between NTPC Station and Cement/Asbestos Product/RMC Plant/ other ash based product manufacturer
2.The period of agreement will be 10/15 years based on the request/ requirement of the party.
3. Presently issue of fly ash will be on ‘free of cost’ and ‘as is where is’ basis. However, Price of fly ash will be determined by NTPC station any time during the agreement through e-tender and book building process.
4.The price so determined shall be applicable on the fly ash issued from thermal power plant for this agreement for period of 12-36 month along with price revision clause based on cement price index after every 12 months.
5.Date of applicability of price on fly ash for this agreement shall be same as and when it is imposed to other users.
6.There is provision for 10% discount on the existing/ discovered price to agency on account of agreement for assured and sustainable lifting of fly ash. There will not be any negative discount on fly ash, if fly ash is issued on zero price or “free of cost” basis.
7.Agency has to lift at least 80% of agreed quantity. In case fails to lift 80% of agreed/ adjusted quantity in any consecutive three months on cumulative basis, NTPC will have right to review the continuance of the agreement.
8.Interested party will have to submit BG of Rs Ten Lakh against performance guarantee and another Rs Ten Lakh against Security deposit.
9.Fly ash will be issued against advance in the form of DD/ direct credit to NTPC bank account as and when price is applicable. The amount of advance will be equivalent to value of one month estimated quantity.
10.All applicable taxes, duties or levies whichever may be imposed on the off-take and transportation of fly ash by any statutory authorities/ Government(s)/ Government agencies during the period of agreement shall be borne by Interested party.
11.Interested parties have to arrange T&P, labor and transportation to their plant at their own cost in bulkers/closed trucks/ tankers in environment friendly manner.
---x---
EOI No: NTPC/NRHQ/EOI/FLY ASH SALE/ 2016-17
FORMAT FOR AGREEMENT
This agreement is executed at ________________ on this ___ day of ______ 20_____ by and, between NTPC Ltd., a company incorporated under the Companies Act, 1956, having its registered office at NTPC Bhawan, 7 Institutional Area, Lodhi Road, New Delhi-110 003 and its one of the station/projects namely ________ Super Thermal Power Station, ________, Distt.
_______ (__State__) hereinafter referred to as “ NTPC - ________ ”, which term unless repugnant to the context shall include its administrators, executors, successors and permitted assigns of the FIRST PART,
And
__________(name of company), a Company/ Limited Liability Partnership (LLP) incorporated under Company Act/ a partnership firm with registration No. ------/ a proprietorship (strike which are not applicable) ________________ Govt. of ____________
having its Registered Office at _______________________________ represented by
_______________ (duly authorized by __________(name of company) ) hereinafter referred to as ________________, which terms unless repugnant to the context shall include its administrators, executors, successors and permitted assigns of the SECOND PART.
WHEREAS:
(A)__________ Super Thermal Power Station (NTPC-________) of NTPC Ltd. situated near
__________, under Police Station - ________ in District ________ in the State of
_______, is a coal based power plant and has total installed capacity of ______ MW. And, that NTPC - _________ is in the process of commissioning of another _____ units of ______ MW each (Stage – ______). Depending upon the type of coal being used NTPC- __________ is generating approximately ________ MT/Day of Fly Ash through its
______ units of ______MW each of Stage – ____ & Stage -______ which is being collected in dry form and is temporarily stored in the ash silos of Stage – ____ (__ x
____ MT) and Stage – ______ (___ x _____ MT).
(B)__________(SECOND PART) with its Cement/ Asbestos products/ RMC/ Other ash based products Manufacturing facility, located at _______________________ and having a capacity of _____________________ per annum for manufacturing of Cement/ Asbestos products/ RMC/ Other ash based products, is desirous of manufacturing Fly Ash based Portland Pozzolana Cement/ Asbestos products/ RMC/ Other ash based products by taking Fly Ash from NTPC- ________, as one of the components in its Cements/ Asbestos products/ Other ash based products. For this ___________ requires approximately ____________ MT of Fly ash per day (__________ MT/ month) from NTPC –_________.
EOI No: NTPC/NRHQ/EOI/FLY ASH SALE/ 2016-17
(C)NTPC-_______ has agreed to the proposal of __________(SECOND PART) for off-take of fly ash from NTPC-__________ and to cater for the requirement of
________________MT fly ash per month/ -----MT per annum to _________(SECOND
PART), subject to availability of fly ash. Fly Ash quality to be supplied would be “as available basis” from plant fly ash silo chute/ any other pollution free convenient system.
(D)And whereas NTPC-_________, has agreed to permit __________(SECOND PART) to collect the said fly ash from the Dry Ash Silos of NTPC-_______ at price and transport the same to cement/ Asbestos products/ RMC/ Other ash based products manufacturing facility of _____________ (SECOND PART) in closed trucks / bulkers / tankers at the their own cost.
(E)And whereas NTPC- _________, and ______(SECOND PART) have mutually discussed and agreed upon the terms and conditions relating to collection of fly ash from ash silos of NTPC- _________, and its transport to the Cement/ Asbestos products/ RMC/ Other ash based products manufacturing facility of _________ (SECOND PART) and has decided to reproduce the said terms and conditions into writing as below:
NOW THESE PRESENTS WITNESSES AND IT IS HEREBY AGREED BY AND BETWEEN THE PARTIES AS UNDER: -
1.That this agreement shall come into force for all-purpose and intent from the date of signing of this agreement.
2.Validity of Agreement: That this agreement shall remain valid for a period of 10/15 (ten/fifteen) (based on the request/ requirement of the party) years from the date of signing of this agreement and dry fly ash from plant silo will be issued on price on as is where is basis.
3.Price Determination:
3.1For determination of price for fly ash to be issued from thermal power plant at any time during the agreement period, NTPC-_________ may invite bids through e-tendering and book building process (As per enclosed Annexure -I) for available dry fly ash quantity/ additional / surplus quantity for allocation to other successful bidders.
3.2The price so determined shall be applicable on the fly ash issued from the thermal power plant for this agreement for period of 12-36 months with price revision clause based on cement Price index after every 12 months as per enclosed Annexure-II.
EOI No: NTPC/NRHQ/EOI/FLY ASH SALE/ 2016-17
3.3The date of applicability of price on fly ash for this agreement shall be same as and when it is imposed to other users.
3.4The ---------(SECOND PART) shall be given a discount of 10% on the existing/discovered applicable price. The 10% discount on the existing/discovered applicable price shall be on account of MoU/ Agreement for assured and sustainable lifting of fly ash by the -------
( SECOND PART). There will not be any negative discount on fly ash, if fly ash is issued on zero price or “free of cost" basis.
4.That ________(SECOND PART) shall lift dry fly ash from Dry Ash Silos of NTPC-______ with all labour, T&P, transport etc. at its own cost as per terms and conditions mentioned below and as directed by authorized representative of NTPC-______.
5.That, this agreement has been executed as per the existing statutory provisions and policies of NTPC Ltd. and in the event of change in statutory provisions, policy, rules of NTPC Ltd. in future this agreement shall be reviewed accordingly and shall be continued on the mutually agreed terms and conditions in the context of new statutory provisions, rules and policies, failing which this agreement shall be deemed as terminated automatically.
6.NTPC’s Fraud policy and banning policy shall be applicable to this Agreement.
7.0 DELIVERY OF FLY ASH
7.1____________(SECOND PART) shall appoint its authorized representative for coordinating the overall activity of offtake of dry fly ash from ash silos of NTPC – ________. The authorized representative of _________________(SECOND PART) shall coordinate with
NTPC’s Head, Ash Management Group and execute the offtake of fly ash from the ash silos.
7.2That fly ash shall be collected by ------------(SECOND PART) on "as is where is basis" from any of the available silos provided delivery of fly ash shall be made only against advance payment in the form of Demand Draft/ direct credit to NTPC bank account. The amount of advance shall be equivalent to value of one month estimated quantity and price determined as per clause 3. ----------(Second Part) shall make their own arrangements for T&Ps, labour & transportation of fly ash to their plant at their own cost in closed trucks/bulkers/tankers in environment friendly manner.
7.3That NTPC- _______ will provide fly ash from ash silos and shall not be responsible for any consequences in respect of quality, collection, transportation, any pollution during transportation & handling and its utilization.
7.4NTPC- _______ shall not be responsible in any manner for its inability to provide fly ash due to backing down /shutdown/breakdown, other O&M stoppages or due to any other reason / conditions. Also, NTPC-________ shall not be liable for payment of any compensation on account of its inability for providing the committed quantity of fly ash through this
EOI No: NTPC/NRHQ/EOI/FLY ASH SALE/ 2016-17
agreement for any reasons whatsoever. However, preference for issuing fly ash will be given to ---------( SECOND PART) as and when DAES system and fly ash becomes available at Silo for issuance.
7.5_________( SECOND PART) shall have to lift at least 80 % of monthly agreed/ adjusted quantity. In case ______( SECOND PART) fails to lift the minimum quantity (80% of monthly agreed/adjusted quantity in any consecutive three months on cumulative basis, NTPC------
will have right to review the continuance of the agreement. Reasons/ justification for lower offtake is to be explained by …………… (SECOND PART) and shall be assessed by NTPC---------. If same is not acceptable to NTPC-----, NTPC----- shall have right to terminate the agreement. In the event of termination of agreement, amount/ BG submitted in favour of NTPC against the performance guarantee shall also be forfeited.
7.6Adjusted quantity: The quantity of fly ash which the NTPC---- is not able to provide to the party due to any reasons including forced outage of the plant, congestion, rain etc. then NTPC---- will adjust the agreed quantity downwards for this purpose without any compensation.
7.7That ________( SECOND PART) shall keep and maintain all record of measurements, challans for the quantity of fly ash taken from NTPC-_________. Similarly ____________( SECOND PART) shall submit end users certificate in the first week of each month for the fly ash lifted in the previous month.
7.8The _________(SECOND PART) shall furnish a Bank Guarantee valued Rs. 10,00,000/- (Rs. Ten Lacs only) in the format prescribed by NTPC in favour of NTPC – ________, guaranteeing assured take-off of agreed quantity of fly ash, subject to the force majeure conditions, on sustained basis as per para C above. The Bank Guarantee shall be kept valid by _________( SECOND PART) till the period of validity of the agreement and shall be renewed from time to time as per advice of NTPC – ___________.
7.9In the case of non- lifting of agreed quantity of dry fly ash by ______________( SECOND PART), NTPC _________ shall have the right to allocate the dry fly ash to some other users without notice to______________( SECOND PART) and without any contest by
______________( SECOND PART).
8TAXES AND DUTIES
That all applicable taxes, duties or levies whichever may be imposed on the off-take and transportation of fly ash by any statutory authorities / Government(s) / Government agencies during the period of this agreement shall be borne by __________________(name
EOI No: NTPC/NRHQ/EOI/FLY ASH SALE/ 2016-17
of company) and if NTPC-________ is called upon to pay such taxes, duties or levies directly to the authorities concerned, the same shall be reimbursed by __________( SECOND PART) to NTPC-_________ within 7 days of intimation about such payment. In the event of nonpayment of such taxes & duties in time, same shall be recovered from the security deposit.
9 STATUTORY CLEARANCES:
9.1That ________________(SECOND PART) shall be fully responsible for obtaining all applicable statutory clearances and compliance at their own cost from State Government, Government of India, Statutory Bodies and local authorities for the purpose of transporting fly ash to their Cement/ Asbestos products/ RMC/ Other ash based products Manufacturing Unit/ prior to actual commencement of offtake of fly ash. NTPC shall not bear any expenditure on this account whatsoever. (For this SECOND PART shall submit undertaking for compliance of all statutory norms/ regulation.)
9.2NTPC- ______________’s commitment to supply ash under this agreement shall be subject to __________(SECOND PART) fully complying with all the requirements of laws, rules and regulations and amendment thereof including those related to the rules / regulations of NTPC, Safety and meeting the pollution control norms for collection and transportation of ash etc.
10 OPERATION OF FLY ASH SILOS & TRANSPORTATION OF ASH
10.1That normally lifting of dry ash shall be allowed round the clock on all weekdays including Sundays excluding National Holidays or as decided by Engineer In-charge.
10.2That the persons engaged by _______________(SECOND PART) for the offtake of fly ash from NTPC- _________ should follow all rules & regulations of NTPC- __________ and follow the instructions of authorized representative of NTPC-_________.
10.3That no materials, other than fly ash, shall be lifted by _____________(SECOND PART). In the event it is found that some materials of NTPC -_________, other than fly ash is lifted and taken away by the representatives or closed trucks / bulkers / tankers of
________(SECOND PART), NTPC-________, shall have the right to terminate the agreement forthwith and to initiate legal action as deemed fit against
_____________(SECOND PART) and/or its representatives involved.
10.4No Child labors shall be engaged by _________________(SECOND PART) in any circumstances in the process of offtake of fly ash from NTPC – ____________.
EOI No: NTPC/NRHQ/EOI/FLY ASH SALE/ 2016-17
10.5Any accidental spillage caused while loading of ash / movement of closed trucks/ bulkers/ tankers of ______(SECOND PART) in the NTPC– _________ premises shall be immediately cleaned / removed by ___________( SECOND PART) at their own cost.
10.6Ash collected in closed trucks/ bulkers/ tankers from NTPC– ___________ shall not be dumped at any place other than the unit of _____________(SECOND PART) in any circumstances. However, in case of breakdown of the closed truck/ bulker/ tanker or the accident of the closed truck/ bulker/tanker, the ash shall be immediately transferred to other closed / covered truck/ bulker/ tanker by _________(SECOND PART) in such a manner that there should not be any pollution due to this activity.
10.7In case of any accidental spillage of ash occurred enroute of transportation of ash from NTPC– ______ to unit of ____________(SECOND PART), spilled out ash shall be immediately cleaned by __________(SECOND PART) at their own cost. Suitable road safety arrangements will be made to avoid any road accident(s).
10.8The quantity of ash to be loaded in closed trucks/ bulkers/ tankers shall be decided by the representative of _____________(SECOND PART). NTPC- _______ shall not be responsible for the quantity of ash being loaded in the closed trucks/ bulkers/ tankers or overloading of closed trucks/ bulkers/ tankers done by the authorized representative deputed by
_______________(SECOND PART).
10.9All the rules & regulations, notifications, laws etc. laid by RTO and/or any other authorities related to transportation of ash in trucks shall be strictly followed by
___________________( SECOND PART). _____________(SECOND PART) shall be solely responsible for any violations of above said rules, regulations, laws etc.
11That in the event ______________(SECOND PART) fails to make good the liability sustained by NTPC - __________ on account of ______________(SECOND PART), same may be recovered from the Security Deposit submitted by______________(SECOND PART) to NTPC– __________ and ______________(SECOND PART) shall have no objection for the same. For this purpose ______________(SECOND PART) shall submit a security deposit of Rs.10,00,000 (Rupees ten lac only) in the form of Bank Draft in favour of NTPC Ltd. payable at _____ Bank of India, _______ before commencement of actual offtake of fly ash from NTPC- ______. No interest on the amount of security deposit shall be paid by NTPC.
(SECOND PART shall identify the competent person/ executive for monitoring and smooth execution of work with following the safety and regulatory norms)
EOI No: NTPC/NRHQ/EOI/FLY ASH SALE/ 2016-17
12 DAMAGE TO NTPC PLANT OR PROPERTY:
12.1That _____________(SECOND PART) shall be fully responsible and liable for payment to NTPC – ___________ for any damage to NTPC plant and property or injury to its employees or third party caused due to any act of misconduct, malafide intentions, negligence, omission or commission on the part of _______________(SECOND PART).
12.2This agreement shall be reviewed on yearly basis by NTPC- _________ for following performance criteria:
All Employees/ representatives / agencies / sub-agencies / transporters etc. of
____________(SECOND PART) shall behave in responsible manner towards NTPC-
________/NTPC-___________’s Contractors/employees etc.
Shall not involve themselves in any anti-social activity including creating IR problems and shall not be involved in any law & order violation.
Shall co-operate to the extent possible with NTPC/ NTPC's Contractors etc. for their smooth and continuous functioning in case of addition / extension / alteration of its plant is carried out.
Shall not cause any damage to NTPC Plant or equipment / any injury to NTPC personnel.
Shall not cause any hindrance / create problems to other parties.
Any other issue related to Dry Fly Ash offtake activities of ________(SECOND PART) at NTPC-__________.
13OBSERVANCE OF LABOUR LAWS:
That ______________(SECOND PART) shall comply with the provisions of all the applicable labour laws and keep insurance of all the persons engaged in the process of offtake of fly ash from NTPC- _________.
14SAFETY:
14.1 _______________(SECOND PART) shall follow all safety regulations and security requirements during collection & transportation of Fly-Ash from NTPC- _________, as issued in this regard by NTPC / Central Govt. / State Govt. / Any other authority & also abide by the instructions issued by NTPC- _________ in this regard.
14.2_____________________(SECOND PART) shall ensure safe movement of trucks/ bulkers/ tankers inside the NTPC- ________ premises and shall be solely responsible for any accident caused by the movement of the closed trucks/ bulkers/ tankers inside the NTPC-
________ premises.
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14.3The protective cover/safety appliances / personal protective equipment as may be required for the persons engaged for this work shall be arranged by
_______________________(SECOND PART) at their own cost.
14.4That NTPC-__________ shall not be held responsible for any accident and casualty of the persons engaged for offtake of fly ash by __________(SECOND PART).
____________(SECOND PART) shall indemnify NTPC- __________, for any liability under Workmen's Compensation Act or under any other law that may develop upon in respect of the persons engaged by them.
15OBSERVATION OF ENVIRONMENTAL NORMS, PREVENTION OF POLLUTION AND INDEMITY TO NTPC:
15.1The process of loading of dry fly ash in closed trucks/ bulkers/ tankers and the movement of closed trucks/ bulkers/ tankers in the silo area of NTPC- __________ and the transportation of fly ash to unit of ____________(SECOND PART) shall be carried out by
_______________( SECOND PART) in such a manner that there is neither any dust nuisance nor any violation of environmental norms.
15.2That all the rules & regulations, notifications, laws etc. laid by Pollution Control Boards, CPCB, MoEF etc. shall be followed by _____________( SECOND PART).
_________(SECOND PART) shall be solely responsible for violations of provisions of any applicable environmental laws / rules / notifications during the process of offtake of fly ash from the ash silos of NTPC - __________ and its transportation to unit of_______( SECOND PART) _ . _________(SECOND PART) shall keep the NTPC -_________
indemnified against any liability that may arise on these account. In the event of any liability arises to NTPC----- due non fulfilling of responsibility by ------- (SECOND PART), same shall be recovered from the security deposit.
15.3_____________________(SECOND PART) shall comply with all laws, rules & regulations etc. laid by statutory authorities as well as the directions / advice of NTPC– _________
related to dry ash loading and its transportation in closed trucks/ bulkers/ tankers which are not mentioned above but are necessary for compliance of all applicable laws, safety and environmental norms and to carry out all the works in a safe and eco -friendly manner.
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16FORCE MAJEURE
That notwithstanding anything contained herein the obligation of NTPC-_________ and
___________(SECOND PART) under this agreement shall remain suspended and neither of them shall be entitled to claim any compensation from each other for any loss or damage caused by such suspension, whether total or partial during the force majeure events such as but not limited to flood, earthquake, strike, war, terrorist attack etc. It shall be obligatory on the part of both the parties to communicate to each other of the happening of force majeure events and its cessation within 10 (ten) days of its happening or on date of cessation as the case may be. Both the parties shall mutually discuss and decide the future course of action on the happening of force majeure events if it continues for more than 30 days.
17TERMINATION
17.1Continuous lifting of agreed quantity of fly ash is the essence of this agreement.
17.2Commencement of first off take for ___________(SECOND PART) of fly ash should not exceed beyond one month from the date of signing of this agreement or agreed date by NTPC--- and --------(SECOND PART).
17.3That in the event of any reduction in off-takes to less than 80% of monthly agreed/adjusted quantity in any consecutive three months on cumulative basis, (excluding force majeure conditions) at any time during the pendency of this agreement, NTPC------ will have right to review the continuance of the agreement. Reasons/ justification for lower offtake is to be explained by …………… (SECOND PART) and shall be assessed by NTPC---------. If same is not acceptable to NTPC-----, NTPC----- shall have right to terminate the agreement. NTPC Shall have right at its discretion to terminate this agreement by giving 30 days notice. In such an event, NTPC – _________ shall encash
__________(SECOND PART)’s BG for Rs. 10.0 lacs (Rupees Ten Lacs).
17.4Further, in case ____________(SECOND PART) is unable to lift any quantity of fly ash from NTPC – __________ for a continuous period of more than 30 days (excluding force majeure conditions/ inability of NTPC---- to issue fly ash due plant shut down, maintenance, less generation of fly ash etc) under this agreement then NTPC shall have an absolute right to terminate this agreement and encash the above said BG of Rs. 10.0 Lacs (Rupees Ten Lacs).
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17.5Further, NTPC shall have an absolute right to terminate this agreement by giving three months notice period due to increased demand for fly ash in the vicinity/ change in the NTPC Ash policy/ Change in Govt. Policy and -----------(SECOND PART) will not have any right to make any claim on account of termination of the agreement.
18WAIVER:
That any failure by either party to this Agreement, to enforce any of its rights hereunder, whether arising from the failure on the part of the other party, to adhere to and fulfill its obligations under the terms hereof or otherwise, shall not be deemed to constitute a waiver of any such default and / or surrender of any such right.
It is hereby clarified that NTPC-___________ shall not be liable to any claim of
_____________( SECOND PART) in any manner whatsoever, under this agreement.
19FACILITIES FROM NTPC STATION
19.1Wherever feasible, NTPC may provide access to railway siding on chargeable basis for movement of railway wagons for fly ash loading at NTPC’s silos and transportation.
Railway siding facility may be extended to the user /entrepreneurs in a limited manner and wherever it is so extended the plants shall ensure that the requirements of the NTPC units always have precedence.
19.2If required, Station may set up bagging plant to facilitate off take of fly ash in 50 Kg bags for the agency. The bags of required size and quality shall be provided by the agency.
20SETTLEMENT OF DISPUTES AND ARBITRATION:
That dispute and /or difference of any kind whatsoever arising between the parties relating to this Agreement shall in first instance be settled amicably with intervention of Head of Ash Management Cell, NTPC-__________ within 60 (sixty) days of referral of such dispute or difference to him, failing which the matter shall be referred to the sole arbitration of Head of NTPC-_________ Project or his representative of not below the rank of General Manager level.
21That the cost of stamp duty and registration of these presents shall be borne by
_____________( SECOND PART). Original copy of the agreement shall remain in the custody of NTPC.
22This agreement shall be governed by Indian Laws, _______ State Govt. Laws and directives and the Courts of ________ District in state of _________ shall have the exclusive jurisdiction to entertain any suit or action arising out of this agreement.
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23NOTICE:
hat any notice that may be required under this agreement, shall be given in writing by any of the party either by personal delivery against acknowledgement or Registered Ads, Mail or Facsimile and shall be deemed to have been duly served upon receipt thereof at the following addresses: -
For NTPC |
For __________________ |
Head of Station |
Address of Agency |
NTPC Limited |
|
__________ Super Thermal Power Project |
|
PO: _________, Dist: _______ (___) |
|
Pin – ___ ___ |
|
IN WITNESS WHEREOF the parties here to have executed this agreement through their authorized representatives on the date and place mentioned herein.
For and on behalf of |
For and on behalf of -----(SECOND PART) |
NTPC Ltd. |
_______________________ |
WITNESS |
WITNESS |
1._______________________ |
1. _____________________________ |
2. _______________________ |
2. ______________________________ |
Note:
1.Station where there is a low demand than the availability of fly ash in the vicinity, Price discovery shall be carried out through Book Building process.
2.In case no additional fly ash is available, the price revision mechanism shall be as under: For the quantity in agreement, fresh tenders shall be invited amongst agencies having agreements to determine the new rate of fly ash. New rate shall not be lower than agreed current rate of price of fly ash.
3.The agreement will be renewed with mutually agreed terms and condition and as per the NTPC’s Ash policy / Govt. policy for utilization of ash at that time/ period.
4.The stamp duty of the agreement would be paid in term of the State Act where the plant is located.
