1

HIMACHAL PRADESH STATE ELECTRICITY BOARD LIMITED

BID DOCUMENTS

FOR

“LOG BOOM (Aquatic & Debris Control Barriers )”

FOR

(3x42 MW)

Larji HYDRO-ELECTRIC PROJECT

(Bid Specification No. HPSEBL/CEG/DB-3-2/2012)

Prepared by Checked by Approved by

(Rajiv Kumar Verma) (Rajesh Kapoor) (Rajnish Kumar Sharma)

Assistant Executive Engineer Superintending Engineer Chief Engineer

Chief Engineer (Gen.)

HPSEBL, Sunder Nagar

Distt. Mandi (H.P.) – 175 019.

Tel: - 01907 – 265337, Fax: 01907-265338, Email –cegen@hpseb.in

Month:- Oct./2012 Rs. 2500/-

2

TABLE OF CONTENTS

Volume 1

Section No. I Information for Bidders (INFB) Part-I &II

Section No. II Instruction to Bidder (ITB)

Section No. III General Conditions of Contract (GCC)

Section No. IV Forms and Procedure (FP)

1 Bid Forms

2 Attachments Including Security

Forms

3 Price Schedule

4 Form of 'Notification of Award Contract' for supply of Plant and Equipment and their installation Services.

5 From of Contract Agreement.

6 Performance Security Forms.

7 Form of Completion Certificate. 8 Form of Operational Acceptance

Certificate.

Section No. V Technical Specification

3

SECTION-I

Information For Bidders (INFB)

(3X42MW)

Larji HEP

4

INDEX

INFORMATION FOR BIDDERS

TABLE OF CONTENTS

CLAUSE NO. PARTICULARS PAGE NO. 1.0 PROJECT DETAILS 5 2.0 LOCATION AND ACCESS 5

3.0 TRANSPORT FACILITIES AVAILABLE

IN THE AREA 6

4.0 COMMUNICATION FACILITIES & WORK SITE 6

5.0 CLIMATE/WEATHER 6

6.0 SEISMICITY OF THE PROJECT AREA 6

7.0 LABOUR AVAILABILITY 7

8.0 TEMPORARY/TRANSIT ACCOMODATION 7

9.0 ELECTRIC POWER 7

10.0 MATERIAL AND WORKSHOP FACILITIES 7

11.0 LABOUR LICENCE 7

12.0 MEDICAL FACILITIES 7

5

INFORMATION FOR BIDDERS

1.0 PROJECT DETAILS

1.1 CIVIL WORKS

Larji Hydro Electric project utilizes river Beas water through a gross head of 74.78m for

generation of 126MW of power in underground power station. The project comprises of concrete

diversion barrage 26.50 m high above the river bed level on river Beas about 600m down stream

of the confluence of river Sainj and Tirthan, a spillway section 72.5m long having five bays

controlled by five radial gates 11mx12m size to pass a standard, project flood of 8100 cumecs an

intake arrangement on the right bank for drawing a discharge of 312.50 cumecs, an underground

desanding arrangement on the right bank with four chambers of 127mx16m each x depth varying

from 15.5m to 16.24m to exclude all silt particles of size 0.4 mm and above, a 4119.861 m long

8.5m dia. circular head race tunnel opening into a 37m dia restricted orifice type surge shaft with

top at 1010.0m, three pressure shaft of 4.5m dia each taking off from surge shaft with length

83.33m each (Average) and further feeding three francis vertical axis turbines/generating units of

42MW each through a net head of 56.84m in an underground power house on the right bank of

river Beas and tailrace chamber & tailrace for conveying the water back to river Beas.

1.2 ELECTRICAL WORKS

3 nos. vertical turbines generating units are installed in the underground power house to generate

42MW each at 11kV and stepped up to 132kV through 3nos. generator transformers for

transmission to various load centres by providing four 132kV feeders. The generator transformers

are connected on the LV side to the generating units through 11kV segregated phase bus duct, en-

routed through the bus duct tunnel, and on H.V. side to the SF6 132kV GIS through 132kV GIS

bus duct.

Three different sources of supply, as detailed below, are available for operation & maintenance of

the power plant.

(i) 132 kV supply from existing Grid, which has been stepped down to 11 kV through

132/11kV, 6.3 MVA station transformer.

(ii) Local 11kV supply from the existing 33/11kV, 6.3 MVA sub station at Thalout.

(iii) 500 KVA diesel generating set.

2.0 LOCATION AND ACCESS 2.1 Larji Hydro Electric Project is located at about 15 km immediate upstream of Pandoh Dam of

Beas Satluj Link Project along National Highway-21 (Chandigarh-Manali). The project can be

reached by road from Chandigarh by Chandigarh-Kiratpur Sahib-Bilaspur-Mandi-Manali road.

The nearest railhead is Kiratpur Sahib, which is about 150km from project site. Kiratpur Sahib is

on Sirhand-Nangal section of Northern Railway, which is nearest broad gauge railway station.

From Kiratpur Sahib the site can be reached by road.

The residential colony is situated at Thalout which is about 8.0 Km. from the power house on the

Mandi – Kullu National Highway-21.

The approximate road/rail distances from major cities to Kiratpur Sahib are as follows:-

Approximate To To To

distance from Mumbai Calcutta Chennai

Kiratpur Sahib

(i) By Road 1727km 1561km 2476km

(ii) By Rail 1900km 1800km 2490km

6

2.2 The Bidder at his cost shall be responsible for all safety aspects during execution of the works. As

such necessary protection barriers, warning signals & devices, posting of flags & flagmen at

desired locations on the routes are to be used by Bidder.

2.3 The Bidder shall deemed to have familiarised himself with the nature, environment, conditions

and any limitations or restrictions on road to be used by him during the period of the Contract.

The Bidder shall also take into consideration access limitations that may results in the event of

slips/slides of hill slopes or due any other reasons arises due to the local climatic/geographical

conditions. HPSEBL shall not entertain any claim from the Bidder on this account.

3.0 TRANSPORT FACILITIES AVAILABLE IN THE AREA

3.1 Bus Service: Larji Project site is well connected by road from Mandi (downstream) on one side

and from Kullu on the other side (upstream). Regular Bus service is available from the project

site to Delhi, Chandigarh, Shimla and other places.

3.2 Air Traffic facilities/Air services: The project site is about 25km from Bhunter Air Port, which

is linked to Chandigarh, New Delhi and Shimla. The Air services are available daily throughout

the year except during winter when it is not possible to land the air craft due to bad weather or

fog.

3.3 Goods Transport: Several services (Truck operator's Unions) located at Kullu, Mandi, Barmana,

Bilaspur ply their fleet of trucks. The nearest petrol/diesel pumps is at Panarsa (10kms towards

Kullu & Mandi Links), however, a number of petrol/diesel pump stations are located en-route

Kiratpur Sahib to project site.

4.0 COMMUNICATION FACILITIES AT WORKS SITE The work site is well connected with STD & ISD facilities.

5.0 CLIMATE / WEATHER 5.1 The project work area lies between EL. 900 m to 1100 m above sea level. The rainfall is scanty.

The south-west monsoon precipitation during June to September is generally not heavy but at

some times may contribute significantly towards flood run off. The winter precipitation falls

mostly as rain or sometimes snow depending upon the altitude and other meteorological

conditions. Summers are warm and winter temperature falls upto -1 degree Celsius.

5.2 Temperature The temperature and humidity conditions at site are given below.

(i) Absolute maximum temperature of air. 40oC

(ii) Mean maximum temperature of air. 40oC

(iii) Mean minimum temperature. 1oC

(iv) Absolute minimum temperature. - 3oC

(v) Maximum cooling water temperature. 25oC

(vi) Minimum cooling water temperature. 5.5oC

(vii) Relative humidity.

Maximum 100%

Minimum 30%

6.0 SEISMICITY OF THE PROJECT AREA The project area lies within 96 kms radial distance of the epicentre of the Kangra earthquake (6

Richter) of 1905 and falls within isoseismal IX of Rossi-Forrel scale of intensity. According to

Indian standard code no.1893 of 1972, the area has been placed in zone V and a suitable factor of

safety as required has to be incorporated in the design of engineering structures and equipment.

7

7.0 LABOUR AVAILABILITY No skilled labour is available locally. Most of the skilled labour has to be brought from outside.

However, the Bidder shall make maximum efforts to explore the availability of local labour of

various categories and employ them to the extent possible. Liaison and good relation with locals

is very essential. To accommodate labour, Bidders shall have to make their own arrangement

8.0 TEMPORARY / TRANSIT ACCOMMODATION There is acute shortage of accommodations nearby project site. HPSEB has

constructed/developed some accommodation at different locations of the project for its own

employees. Bidder has to make his own arrangement for the temporary/transit accommodation.

9.0 ELECTRIC POWER Construction power at 11kV/415Volts shall be provided to the contractor to various sites,

colonies, offices etc. Each supply point shall be treated as separate connection. Arrangement for

further distribution of power to the contractor's sites, plants equipment and machinery,

workshop, colonies, offices etc. from the point of supply shall be made by the contractor at his

own cost. The electric energy shall be measured by a suitable meter installed at the point of

supply.

The contractor will adhere strictly to provision of Indian Electricity Act 1910, Electricity

(Supply) Act 1948, Indian Electricity Rules 1956, HPSEBL's abridged condition of supply and

HPSEBL's schedule of tariff.

.

10.0 MATERIAL AND WORKSHOP FACILITIES 10.1 All the consumable material required for the works, shall have to be arranged & provided by the

Bidder and included in the quoted prices.

10.2 Nearest workshop facilities for carrying out minor machinery jobs etc. will be available at Mandi,

for major works facilities either at Chandigarh, Ludhiana or Batala shall be available.

11.0 LABOUR LICENCE 11.1 The Bidder shall be required to obtain labour licence for deployment of labour from competent

authorities mentioned below: -

Labour Officer

Near I.T.I. Hostel,

Mandi (H.P.)-17500

Phone No.- 01905-235542.

11.2 The Bidder shall strictly adhere to the labour laws and minimum wage act prevailing in the State

of Himachal Pradesh.

12.0 MEDICAL FACILITIES

The Bidder shall provide necessary medical facilities at the project site at his own expenses for

his workers.

8

SECTION-II

Instructions to Bidders (ITB)

9

INDEX

INSTRUCTIONS TO BIDDERS

TABLE OF CONTENTS

CLAUSE NO. PARTICULARS .PAGES

A. INTRODUCTION

1.0 GENERAL 10

2.0 SCOPE 10

3.0 ELIGIBILITY AND QUALIFYING REQUIREMENTS 10

4.0 COST OF BINDING 10

5.0 LOCAL CONDITIONS 10

B. BID DOCUMENTS

6.0 CONTENT OF BID DOCUMENTS 11

7.0 TIME SCHEDULE 11

C. PREPARATION OF BIDS

8.0 LANGUAGE OF BID 11

9.0 DOCUMENTS COMPRISING THE BIDS 12

10.0 BID FORM AND PRICE SCHEDULE 12

11.0 BID PRICES 13

12.0 CURRENCY OF BID 13

13.0 BID VALIDITY PERIOD 13

14.0 BID SECURITY 13

15.0 FORMAT AND SIGNING OF THE BID 14

D. SUBMISSION OF BIDS

16.0 SEALING AND MARKING OF BIDS 14

17.0 DEAD LINE FOR SUBMISSION OF BIDS 15

18.0 LATE BIDS 15

E. BID OPENING AND EVALUATION

19.0 OPENING OF BIDS BY OWNER 15

20.0 CLARIFICATION OF BIDS 16

21.0 CORRECTION OF ERRORS 16

22.0 EVALUATION AND COMPARISON OF BIDS 16

F. AWARD OF CONTRACT

23.0 OWNER'S RIGHT TO ACCEPT ANY BID AND TO REJECT

ANY OR ALL BIDS 16

24.0 AWARD CRITERIA 17

25.0 NOTIFICATION OF AWARD 17

26.0 SIGNING THE CONTRACT AGREEMENT 17

27.0 CONTRACT PERFORMANCE SECURITY 17

10

INSTRUCTIONS TO BIDDER A. Introduction

1.0 GENERAL 1.1 Himachal Pradesh State Electricity Board, the Owner, has issued an invitation for Bidder (IFB)

and will receive Bids, from eligible Bidders, for the works mentioned in the schedule of works.

2.0 SCOPE The scope of work of this Bid includes Design, Engineering, Fabrication, Supply, Transportation,

Insurance, Installation, Erection, Commissioning & Testing of all related structural

Civil/anchoring work regarding the installation of Aquatic & Debris Control Barriers at the

Dam intake area of Larji HEP, for diverting the Debris/Trash as per following technical

specifications and consideration.

3.0 ELIGIBILITY AND QUALIFICATION REQUIREMENTS

a) The Bidders should be a contracting firm well experienced in the supply, installation &

commissioning of Log Boom (aquatic debris control barrier).

b) The Bidders should have a team of qualified professionals & highly skilled artisans.

c) The Bidders shall have sufficient and adequate tools & tackles for executing the work.

d) The Bidders should have completed the execution of at least two (2) such contracts

valued not less than Rs.100.00 lacs each in the past 5 years and the same must be in

successful operation for at least 2 years. Performance certificates as proof of the same

shall be supplied. Bids not accompanying the performance certificates from the previous

customers shall be summarily rejected.

4.0 COST OF BIDDING

4.1 All costs and expenses incidental to preparation and submission of the Bids including pre-award

discussion with the interesting Bidders, technical and other documentation etc., shall be to the

account of the Bidders. Owner will in no case be responsible or liable for these costs and

expenses, regardless of the conduct or outcome of the Biding process.

5.0 LOCAL CONDITIONS 5.1 It will be imperative on each Bidders to fully inform himself of all local conditions and factors,

which may have any effect on the performance of the contract covered under these specifications

and documents. In their own interest, the Bidders are particularly requested to familiarise

themselves with the latest amended Income-tax Act, Companies Act, Custom Act, Sales Tax,

Service Tax Act and other related acts and laws prevalent in India. The Owner shall not entertain

any request for clarifications from the Bidders, regarding such local conditions. The Bidders are

also advised to visit the sites to judge the quantum of work before submitting their Bids.

5.2 It must be understood and agreed that such factors have properly been investigated and

considered while submitting the proposals. No claim whatsoever including those for financial

adjustment to the contract awarded under these specifications and documents will be entertained

by the Owner. Neither any change in the time schedule of the contract nor any financial

adjustments arising thereof shall be permitted by the Owner which are based on the lack of such

clear information or its effect on the contract.

5.3 The Bidders is strongly advised to visit and examine the site of work and its surroundings

including approaches to project & work site, space for storage, ventilation, power and

communication and obtain for himself on his own responsibility all information that may be

necessary for preparing the Bid and entering into a contract. The cost of visiting the site shall be

at Bidder's own expense. The Owner will assist interested Bidders to see and inspect the site of

works.

11

B. Bid Documents

6.0 CONTENT OF BID DOCUMENTS 6.1 The Biding procedures, contract terms and technical requirements are prescribed in the Bid

documents. The Bid Documents will include the following:-

Section no. Name of Document. I Information for Bidders (INFB).

II Instruction to Bidders (ITB).

III General Condition of Contract (GCC).

IV Forms and Procedure (FP).

1. Bid Forms

2. Attachments Including Security Forms

3. Price Schedule

4 Form of 'Notification of Award Contract' for supply of Plant and

Equipment and their installation Services.

5 From of Contract Agreement.

6. Performance Security Forms.

7 Form of Completion Certificate.

8 Form of Operational Acceptance Certificate.

V Technical Specifications.

6.2 The Bidders is expected to examine all instructions, forms, schedules, terms, specifications and

other information in the Bid Documents. Failure to furnish all information required by the Bid

Documents or submission of a Bid not substantially responsive to the Bid Documents will be at

Bidder's risk and may result in rejection of its Bid.

7.0 TIME SCHEDULE

The basic consideration and the essence of the contract shall be the strict adherence to the time

schedule for performing the works under the proposal/contract. The plant and equipment covered

by the bid shall be supplied within 150 days from the date of LOI. The commissioning of the

plant and equipment shall be completed within two months reckoned from the date of site is made

available to the contractor by HPSEBL.

C. Preparation of Bids

8.0 LANGUAGE OF BID

The Bid prepared by the Bidders and all correspondence and documents relating to the Bid

exchanged by the Bidders and the Owner shall be written in English. Supporting documents and

printed literature furnished by Bidders in any other language shall be accompanied by its true and

faithful translation of the pertinent passages in English. For the purpose of interpretation of the

Bid, the English translation shall govern. Failure to comply with this may disqualify a Bid.

12

9.0 DOCUMENTS COMPRISING THE BID

9.1 Bid submitted by the Bidders shall comprise the following documents:

a) Bid Form duly completed and signed by the Bidders, together with all Attachments

identified in ITB sub-clause 9.2 below.

b) Price Schedules duly completed by the Bidders.

9.2 Each Bidders shall submit with its Bid the following attachments.

(a) Attachment 1: Bid Security/earnest money deposit.

A Bid Security furnished in accordance with ITB Clause 14.0 (Bid Security).

(b) Attachment 2: Power of Attorney.

A power of attorney, duly authorised by a Notary Public, indicating that the person(s)

signing the Bid has the authority to sign the Bid and thus that the Bid is binding upon the

Bidders during the full period of its validity in accordance with ITB Clause 15.0 (Format

and Signing of Bids).

(c) Attachment 3: Bidder's Qualifications & Eligibility criteria.

(d) Attachment 4: List of Erection Tools & commissioning instruments which the Bidders

proposes to bring to site in case the contract is awarded to him.

(e) Attachment 5 : Milestone schedule showing the timing & sequence of all key activities

necessary for successful completion of the contract and giving important Mile Stones.

(f) Attachment 6 & 6A: Deviations

Deviations, if any, from the terms and conditions or Technical Specifications shall be

listed in the following attachments of the bid:-

i) Deviations in commercial terms and conditions: - Attachment- 6

ii) Deviations in technical specifications: - Attachments- 6A

The Bidder shall also provide the additional price, if any, for withdrawal of the deviations.

Bidders may further note that except for deviations listed in Attachment 6 and Attachment 6A,

the bid shall be deemed to comply with all the requirement in the bidding documents and the

Bidders shall be required to comply with all such requirements of bid documents and technical

specifications without any extra cost to the Owner irrespective of any mention to the contrary,

any where else in the bid.

Bidder may further note that deviations in commercial terms and conditions shall be listed in

attachment 6 & technical in attachment 6A respectively.

10.0 BID FORM AND PRICE SCHEDULE The Bidders shall complete the Bid Form and the appropriate Price Schedules furnished in the

Bid Documents as indicated therein and in the Subsection "Bid Form and Price Schedule" of the

Bid Documents, following the requirements of ITB Clause, 11.0 and 12.0.

13

11.0 BID PRICES 11.1 Bidders quoting a system of pricing other than that specified run the risk of rejection.

11.2 The Bidders shall fill in prices for all items as specified in the Bid Form. Items against which no

price is entered by the Bidders will not be paid by the Owner when executed and shall be deemed

to be included in the other prices in the "Bid Form and Price Schedules".

11.3 The rates and amounts shall be quoted in decimal in such a manner that no interpolation is

possible. Corrections, if any, shall be made by crossing out, initialling, dating and rewriting.

Corrections should not be carried out by applying correcting fluid.

11.4 Bidders shall give a breakdown of the prices in the manner and details called for in the Price

Schedule.

11.5 Price quoted by the Bidders shall be “FIRM” and no price variation shall be paid.

12.0 CURRENCIES OF BID 12.1 Price shall be quoted in Indian Rupees only.

13.0 BID VALIDITY PERIOD

13.1 Bids should be kept valid for acceptance for a period of six (6) calendar months from the date of

opening of Bids prescribed in ITB Clause 19.0 (Opening of Bids by Owner).

13.2 In exceptional circumstances, prior to expiry of the original Bid validity period, Owner may

request the Bidders for a specified extension in the period of validity. The request and the

responses thereto shall be made in writing or by fax. A Bidders may refuse the request without

forfeiting his Bid Security. A Bidders agreeing to the request will neither be required nor

permitted to modify his Bid, but will be required to extend the validity of his Bid guarantee

correspondingly. The provision of ITB Clause 14.0 (Bid Security), hereof regarding discharge

and forfeiture of Bid Security shall continue to apply during the extended period of Bid validity.

14.0 BID SECURITY

14.1 Pursuant to ITB Clause 9.0 (Document Comprising the Bid), the Bidders shall deposit bid

Security of amount Rupees One Lac and Twenty Five thousand only. Bid security of Rs. 50,000/-

(Fifty thousand) shall be furnished in the shape of a Crossed bank draft of any Indian

Nationalized Bank, drawn in favour of the Accounts Officer, O/O the Chief Engineer

(Generation), Sunder Nagar – 175 019 and payable at Sunder Nagar – 175 019 (H.P.) and for the

balance amount an irrevocable Bank Guarantee from an Indian Nationalized Bank valid for

(Twelve) 12 months from the date of the opening of the bid, in favour of the Accounts Officer,

O/O the Chief Engineer (Generation), Sunder Nagar – 175 019 shall be furnished.

14.2 Bid Security is required to protect Owner against risk of Bidder's conduct which would warrant

the security's forfeiture, pursuant to ITB Clause 14.7.

14.3 Any Bid not secured in accordance with ITB Clause 14.1 above shall be rejected by the Owner as

being non responsive.

14.4 Unsuccessful Bidder's Bid Security will be discharged/ returned as promptly as possible as but

not later than thirty (30) days after expiration of the period of Bid validity prescribed by the

Owner pursuant to ITB Clause 13.0 (Bid Validity Period).

14.5 Successful Bidder's Bid Security will be discharged upon execution of the contract deed, pursuant

to ITB Clause 26.0 (Signing of Contract Agreement), and furnishing the required performance

security pursuant to ITB Clause 27.0 (Contract Performance Security).

14.6 No interest shall be paid by the Owner on the Bid Security.

14.7 The Bid Security may be forfeited:

14

(i) if the Bidders withdraws or modifies unilaterally his Bid during the period of Bid

validity;

or

(ii) if the Bidders does not accept the correction of his Bid price pursuant to ITB

Clause 21.0 ( Corrections of Error).

(iii) in the case of a successful Bidders, if the Bidders fails within the specified time limit to :

(a) accept the letter of award;

or

(b) sign the Contract Deed;

or

(c) furnish the required contract performance security.

15.0 FORMAT AND SIGNING OF THE BID 15.1 The Bidders shall prepare an original and two (2) copies/sets of the Bid clearly marking each one

as "Original Bid", "Copy No. 1", "Copy No.2". In the event of any discrepancy between them the

original shall govern.

15.2 The original and all copies of the Bid, each consisting of the documents listed in ITB Clause 9.0

(Documents Comprising Bid) , shall be typed or written in indelible ink and shall be signed by the

Bidders or a person or persons authorised to signing the Bid.

15.3 The name of all persons or persons signing the Bid should also be typed or printed below the

signature. All pages of the Bid, except for un-amended printed literature shall be initialled by the

person or persons signing the Bid.

15.4 Satisfactory evidence of authority of the person signing on behalf of the Bidders shall be

furnished with the Bid in the form of a Power of Attorney, duly authorised by a Notary Public,

indicating that the persons signing the Bid have the authority to sign the Bid and that the Bid is

binding upon the Bidders during the full period of its validity. This shall be submitted as

Attachment 2 to the Bid under ITB sub-clause 9.2 (b) (Power of Attorney).

15.5 The Bidder's name stated on the proposal shall be the exact legal name of the firm.

15.6 Any interlineations, erasures or overwriting shall only be valid if they are initialled by

signatory(ies) to the Bid.

15.7 Bids not conforming to the above requirements of signing may be disqualified.

D. Submission of Bids

16.0 SEALING AND MARKING OF BIDS.

16.1 The Bidders must submit the Bid in the following two separate sealed envelopes duly marking

envelopes as "Original Bid" and "Copy no.1&2 ". The envelopes shall then be sealed in an outer

envelope.

(i) Bid Security

First Envelope.

(ii) Techno-Commercial and Price Bid Proposal (1 Original + 2

Copies) along with duly filled (wherever required) and signed

copies of conditions of contract, General technical specifications.

Second Envelope.

16.2 The inner and outer envelopes shall:

(a) be addressed to the Chief Engineer (Gen.), HPSEBL, Sunder Nagar Distt Mandi H.P.

and;

15

(b) super scribed as Proposal for Design, Engineering, Fabrication, Supply, Transportation,

Insurance, Installation, Erection, Commissioning & Testing of all related structural

Civil/anchoring work regarding the installation of Aquatic & Debris Control Barriers

at the Dam intake area for the 3 x 42 MW Larji Power House, Dwada, Thalout, Distt.

Mandi. Himachal Pradesh and the statement "DO NOT OPEN BEFORE

“02.11.2012, 15.00 hrs.”

16.3 The inner envelopes shall also indicate the name and address of the Bidders so that the Bid can be

returned unopened in case it is declared "late".

16.4 If the outer envelope is not sealed and marked as required by ITB sub-clause 16.2 above, the

Owner will assume no responsibility for the Bid's misplacement or premature opening. If the

outer envelope discloses the Bidder's identity, the Owner will not guarantee the anonymity of the

Bid submission, but this disclosure will not constitute grounds for Bid rejection.

17.0 DEAD LINE FOR SUBMISSION OF BIDS 17.1 Bids must be received in the office of the “Chief Engineer (Gen.), HPSEBL, Sunder Nagar

Distt Mandi H.P. " on or before 1300 hours (IST) of02.11.2012-”. In the event of the date of

submission of Bids being declared as holiday for the Owner, the Bids will be received upto the

appointed time on the next working day.

17.2 The Bidders has the option of sending the Bid by registered post/courier or by submitting the Bid

in person. Bids submitted by fax/telegram / telex letter shall not be accepted. No request from any

Bidders to the Owner to collect the proposal from airlines, cargo agents etc. shall be entertained.

17.3 The Owner may at its discretion, extend the dead line for submission of Bids, in which case all

rights and obligations of the Owner and the Bidders previously subject to the original dead line

shall thereafter be subject to the new deadline as extended.

18.0 LATE BIDS 18.1 Bids submitted after the time and date fixed for the receipt of Bids as set in ITB Clause 17.0 shall

be rejected and such Bids if so desired by the said Bidders may be permitted to be collected back

by such Bidders provided such requests are received by the Owner within fifteen (15) days from

the date of Bid opening.

E. Bid Opening and Evaluation

19.0 OPENING OF BIDS BY OWNER

19.1 All Bids received within the stipulated time will be opened in the office of the “Chief Engineer

(Gen.), HPSEBL, Sunder Nagar Distt Mandi H.P. " by the officer(s) duly authorised by the

Owner for this purpose at 15.00 hrs (IST) on02.11.2012 in the presence of the Bidder's

authorised representatives who may wish to attend. In the event of specified date of Bid opening

being holiday for Owner, the Bids shall be opened at the appointed time and location on the next

working day.

19.2 Bidder's authorised representative (upto two persons) may attend the Bid opening and they have

to sign a register provided by the Owner for evidencing their participation. No electronic

recording device/mobile phones etc., shall be permitted during the Bid opening.

16

19.3 The techno-commercial and price Bid (second envelope) of only those Bidders shall be opened

whose Bids security envelope (first envelope) found to contain (after opening) the Bid Security of

requisite value in acceptable form. The Bids with Bid Security deficient in value and/or form will

not be opened further and Bid envelopes of such Bidders will be returned unopened.

19.4 The officer(s) of the Owner authorised for opening of Bids will announce the Bidder’s names, the

presence or absence of the requisite Bid Security, Bid Prices, any discounts, the presence of any

alternative Bid and other such details as the said officers at their discretion may consider

appropriate.

19.5 Bids (sent pursuant to ITB sub-clause 17.2) that are not opened and read out at Bid opening will

not be considered for further evaluation, regardless of the circumstances.

20.0 CLARIFICATION OF BIDS To assist in the examination, evaluation and comparison of Bids the Owner, may at its discretion

ask any Bidders for clarification of his Bid, including break-up of unit rates. The request for

clarification and the response shall be in writing or by fax, but no change in the price or

substance of the Bid shall be sought, offered or permitted except as required to confirm

the correction of arithmetic errors discovered by the Owner during the evaluation of the Bids in

accordance with ITB Clause 21.0 (Correction of Error) hereof.

21.0 CORRECTION OF ERRORS 21.1 The errors/ discrepancies in respect of the specified amount in Price Bid Part-of Bid Proposal

Sheets for an individual item and / or sub-item and or in the sub-total of a schedule and/or in the

Grand total of a schedule and/or in the lump-sum price of the package either due to discrepancy

between figures and words and/or simple arithmetical error while adding and/or multiplying

and/or due to wrong extension of unit rates etc ; the error will be rectified and computed by

Owner as per the following method: -

(i) In case of discrepancy between figure and words, the value specified in the words will be

considered for computation.

(ii) Firstly, the unit rates in words will be considered for computation.

(iii) In case unit rates are not indicated in words then unit rates indicated in figure will be

considered and will be used for deriving the amount from the quantities specified in the

Bid documents.

(iv) In case error is due to wrong extension of quantities, the quantities as specified in the Bid

documents will be considered and multiplied by the quoted unit rates to obtain the

amount. The amounts will be computed as per the extension of amount of individual

item, sub-item, sub-total of a schedule, grand total of a schedule and lump sum price of

the package based on the above consideration.

21.2 After computation of the amounts as above, the values as computed and as quoted will be

compared and higher of the two will be considered for the purpose of evaluation of Bid and lower

values will be considered for the purpose of award/payment (in case of successful Bidders). If the

Bidders does not accept the above consideration, his Bid will be rejected and the Bid Security

may be forfeited.

22.0 EVALUATION AND COMPARISON OF BIDS 22.1 The Bids will be evaluated by the Owner to ascertain the lowest evaluated, technically and

commercially responsive Bid for the complete scope of work, as detailed in the Bid Documents.

F. Award of Contract

23.0 OWNER'S RIGHT TO ACCEPT ANY BID AND TO REJECT ANY OR ALL BIDS

17

The Owner reserves the right to accept or reject any Bid, and to annul the Bid process and reject

all Bids at any time prior to award of contract, without thereby incurring any liability to the

affected Bidders or Bidders or any obligation to inform the affected Bidders or Bidders of the

grounds for Owner's action.

24.0 AWARD CRITERIA 24.1 Subject to ITB Clause 23.0 (Owners Right to Accept any Bid) hereof, the Owner will award the

contract to the Bidders whose Bid has been determined to be substantially responsive to the Bid

Documents and who has offered the lowest Evaluated Bid Price pursuant to ITB Clause 22.0

(Evaluation and Comparison of Bid), further provided that such Bidders has been determined to

be eligible/ qualified to perform the contract satisfactorily.

24.2 The Bidders would be required to comply with all the requirements of Bid Documents failing

which his Bid Security will be forfeited.

24.3 The Owner reserves the right to vary the quantity or items of work altogether at the time of

Award of Contract.

25.0 NOTIFICATION OF AWARD 25.1 Prior to the expiration of the period of Bid validity, the Owner will notify the successful Bidders

in writing by registered letter or by fax to be confirmed in writing by registered letter that his Bid

has been accepted. The notification of award will constitute the formation of the Contract.

25.2 On furnishing of a performance security by the successful Bidders, pursuant to ITB Clause 27.0

(Contract Performance Security), of Owner will promptly notify each unsuccessful Bidders and

will discharge its Bids security.

26.0 SIGNING THE CONTRACT AGREEMENT 26.1 Within (15) fifteen days of receipt of the Letter of award, on a date and time mutually agreed

upon, the successful Bidders or his authorised representative shall attend the office of the Owner

for signing of the Agreement.

26.2 Failure on the part of the successful Bidders to comply with the requirements this Clause will

constitute sufficient grounds for the annulment of the award and forfeiture of the Bid Security.

27.0 CONTRACT PERFORMANCE SECURITY 27.1 Within (15) fifteen days after receipt of letter of award but not later than the signing of the

Contract Agreement, the successful Bidders shall be required to furnish to the Owner, a Contract

Performance Security in the form of an irrevocable Bank Guarantee for an amount equivalent to

10% (ten percent) of the contract price, as per proforma annexed to Bid document for the faithful

performance of contract in accordance with the conditions of the contract.

27.2 Failure of the successful Bidders to comply with the requirement of ITB Clause 26.0 (Signing of

Contract Agreement) and 27.0 (Contract Performance Security) shall constitute sufficient grounds

for the annulment of the award and forfeiture of the Bid Security, in which event Owner may

make the award to the next lowest evaluated Bidders or call for new Bids.

27.3 Should the Contract period, for whatever reason be extended, the Bidders, shall at his own cost,

get the validity period of Bank Guarantee in respect of performance security furnished by him

extended and shall furnish the extended/revised Bank Guarantee to Owner before the expiry date

of the Bank Guarantee originally furnished.

18

SECTION-III

General Conditions of Contract (GCC)

19

INDEX

GENERAL CONDITIONS OF CONTRACT

TABLE OF CONTENTS

CLAUSE NO. PARTICULARS PAGE NO.

1.0 DEFINITIONS 20

2.0 CONTRACT DOCUMENTS 21

3.0 INTERPRETATION 21

4.0 NOTICES 22

5.0 GOVERNING LAW 22

6.0 ARBITRATION 22

7.0 SCOPE OF WORK 22

8.0 TIME FOR COMMENCEMENT AND COMPLETION 23

9.0 CONTRACTOR'S RESPONSIBILITIES 23

10.0 OWNER'S RESPONSIBILITIES 23

11.0 CONTRACT PRICE 23

12.0 TERMS OF PAYMENT 23

13.0 SECURITIES 23

14.0 TAXES AND DUTIES 24

15.0 DEDUCTION FROM CONTRACT PRICE 24

16.0 CONFIDENTIAL INFORMATION 25

17.0 REPRESENTATIVES 25

18.0 WORK PROGRAMME 26

19.0 MAINTENANCE 27

20.0 . TEST AND INSPECTION 29

21.0 COMPLETION OF THE WORKS 29

22.0 COMMISSIONING AND OPERATIONAL ACCEPTANCE 30

23.0 COMPLETION TIME GUARANTEE 30

24.0 DEFECT LIABILITY 31

25.0 LOSS OF OR DAMAGE TO PROPERTY 32

26.0 INSURANCE 32

27.0 CHANGES IN LAWS AND REGULATIONS 32

28.0 FORCE MAJEURE 32

29.0 WAR RISKS 33

30.0 EXTENSION OF TIME FOR COMPLETION 34

31.0 SUSPENSION 34

32.0 TERMINATION 34

33.0 ASSIGNMENT 36

34.0 TEST SERVICE PERIOD 36

20

GENERAL CONDITIONS OF CONTRACT

1.0 DEFINITIONS 1.1 The following words and expressions shall have the meanings hereby assigned to them:

"Completion" means that the works detailed in the schedule of quantities and prices (or a

specific part thereof where specific parts are specified in the Contract Document) have been

completed operationally and structurally and put in a tight and clean condition, and that all work

in respect of Pre-commissioning of the Works or such specific part thereof has been completed.

"Contract" means the Contract Agreement entered into between the Owner and the Contractor,

together with the Contract Documents referred to therein; they shall constitute the Contract, and

the term "the Contract" shall in all such documents be construed accordingly.

"Contract Documents" means the documents listed in Article 1.1 (Contract Documents) of the

Form of Contract Agreement (including any amendments thereto).

"Contractor" means the person whose Bid to perform the Contract has been accepted by the

Owner and is named as such in the Contract Agreement, and includes the legal successors or

permitted assigns of the Contractor.

"Contractor's Equipment" means all plant, works, equipment, machinery tools, apparatus,

appliances or things of every kind required in completion of works that are to be provided by the

Contractor.

“Contract Price " means the sum specified in Article 2.1(Contract Price) of the Contract

Agreement, subject to such additions and adjustments thereto or deductions therefrom, as may be

made pursuant to the Contract.

"Contractor's Representative" means any person nominated by the Contractor and named as

such in the Contract Document as per GCC sub-clause 17.2 (Contractor's Representative) hereof

to perform the duties delegated by the Contractor.

"Day" means calendar day of the Gregorian calendar.

"Defect Liability Period" means the period of validity of the warranties given by the Contractor

commencing at completion of the Works or a part thereof, during which the Contractor is

responsible for defects with respect to the Works (or the relevant part thereof) as provided in

GCC Clause 24.0 (Defect Liability) hereof.

"Effective Date" means the date from which the Time for completion shall be determined as

stated in Article 3 (Effective Date for Determining Time for Completion) of the Form of Contract

Agreement.

"Engineer in-charge" means the person appointed by the Owner in the manner provided in GCC

sub-clause 17.1 (Engineer-in-Charge) hereof to perform the duties delegated by the Owner.

"Works" means the services to be carried out by the Contractor under the Contract.

"GCC" means the General Conditions of Contract hereof.

"Government" means Government of India or Government of Himachal Pradesh and ,

(i) "Government of India" means President of India and his successors.

(ii) "Government of Himachal Pradesh" means Governor of Himachal Pradesh and his

successors.

"Services" means those entire services which are to be provided by the Contractor under the

Contract.

"Month" means calendar month of the Gregorian calendar.

"Operational Acceptance" means the acceptance by the Owner of the Works (or any part of the

Works where the Contract provides for acceptance of the Works in parts), which certifies the

Contractor's fulfillment of the Contract in respect of the works in the scope of the Contract.

"Owner / HPSEBL" means the Himachal Pradesh State Electricity Board Limited having its

registered office at Vidyut Bhawan Shimla-India and includes the legal successors or permitted

assigns of the Owner.

21

“Pre-commissioning” means the testing, checking and other requirements specified in the General

Technical Specification/ technical requirements that are to be carried out by the Contractor.

"Site" means Barrage of Larji Power House.

"Time for Completion" means the time within which completion of the Works is to be attained in

accordance with the stipulations in the GCC and the relevant provisions of the Contract.

2.0 CONTRACT DOCUMENTS

2.1 The term Contract Documents shall mean and include the following which shall be deemed to

form an integral part of the Contract.

(a) The Contract Deed and the Appendices hereto.

(b) Notification of Award.

(c) Forms & Procedures (as listed)

(d) Technical Specification.

(e) General Conditions of Contract.

(f) Information for Bidders.

(g) The Bid and Price Schedules submitted by the Bidder.

2.2 All the aforesaid Contract Documents including the letter of award shall form an integral part of

the Contract, in so far as the same or any part thereof conform to the Bid Documents and what

has been specifically agreed to by the and brought out in its letter of Award . Any matter

inconsistent therewith, contrary or repugnant thereto or any deviation taken by the Contractor in

its "Proposal" but not agreed to specifically by the in its letter of Award shall be deemed to have

been withdrawn by the Contractor.

2.3 The documents mentioned at clause 2.1 above forming the Contract are to be taken as mutually

explanatory of one another.

2.4 The Contract as per proforma annexed is to be signed within fifteen (15) days of the date of the

Letter of Award, on a date and time to be mutually agreed and at the office of the Owner unless

otherwise agreed to. The Contractor shall provide for signing of the Contract, appropriate Power

of Attorney and the requisite documents. Till such time a formal Contract is prepared and

executed, the Letter of Award read in conjunction with the Contract Documents will continue to

constitute a binding Contract.

3.0 INTERPRETATION

3.1 Language 3.1.1 All Contract Documents, all correspondence and communications to be given, and all other

documentation to be prepared and supplied under the Contract shall be written in English, and the

Contract shall be construed and interpreted in accordance with that language .

3.1.2 If any of the Contract Documents, correspondence or communications are prepared in any

language other than the governing language under GCC sub-clause 3.1.1 above, the English

translation of such documents, correspondence or communications shall prevail in matters of

interpretation.

3.2 Entire Agreement The Contract constitutes the entire agreement between the Owner and the Contractor with respect

to the subject matter of Contract and supersedes all communications, negotiations and agreements

(whether written or oral) of parties with respect thereto made prior to the date of Contract.

3.3 Amendment No amendment or other variation of the Contract shall be effective unless it is in writing, is dated,

expressly refers to the Contract, and is signed by a duly authorized representative of each party

hereto.

22

3.4 Independent Contractor The Contractor shall be an independent Contractor performing the Contract. The Contract does

not create any agency, partnership, joint venture or other joint relationship between the parties

hereto.

Subject to the provisions of the Contract, the Contractor shall be solely responsible for the

manner in which the Contract is performed. All employees & representatives engaged by the

Contractor in connection with the performance of the Contract shall be under the complete

control of the Contractor and shall not be deemed to be employees of the Owner, and nothing

contained in the Contract shall be construed to create any Contractual relationship between any

such employees & representatives and the Owner.

3.5 Severability If any provision or condition of the Contract is prohibited or rendered invalid or unenforceable,

such prohibition, invalidity or unenforceability shall not affect the validity or enforceability of

any other provisions and conditions of the Contract.

4.0 NOTICES 4.1 Unless otherwise stated in the Contract, all notices to be given under the Contract shall be in

writing, and shall be sent by personal delivery, airmail post, special courier, cable, telegraph,

telex, facsimile or Electronic Data Interchange (EDI) to the address of the relevant party, set out

in the General Conditions of Contract.

4.2 Notices shall be deemed to include any approvals, consents, instructions, orders and certificates to

be given under the Contract.

5.0 GOVERNING LAW The Contract shall be governed by and interpreted in accordance with laws of India.

6.0 ARBITRATION 6.1 Any dispute(s) or differences(s) arising out of or in connection with the Contract shall, to the

extent possible in the first instance be resolved amicably between the Contractor and the Owner's

Engineer.

6.2 The arbitration proceedings shall be conducted in accordance with "Indian Arbitration and

Conciliation Act 1996 or any statutory modification thereof. Language of the arbitration

proceedings shall be in English.

6.3 The venue of Arbitration shall be Shimla, India. The courts of Shimla shall have exclusive

jurisdiction.

6.4 Notwithstanding any reference to the arbitration herein;

(a) the parties shall continue to perform their respective obligations under the Contract unless

they otherwise agree.

(b) the Owner shall pay the Contractor any monies due to the Contractor.

7.0 SCOPE OF WORKS 7.1 Unless otherwise expressly limited in the Technical Specifications, the Contractor's obligations

cover the provision of all installation, commissioning and engineering services, supply of labour,

materials, equipment and accessories; Contractor's equipment, construction utilities and supplies,

temporary materials.

7.2 The Contractor shall, unless specifically excluded in the Contract, perform all such work and/ or

supply all such items and materials not specifically mentioned in the Contract but that can be

reasonably inferred from the Contract as being required for attaining Completion of the Works as

if such work and /or items and materials were expressly mentioned in the Contract.

23

8.0 TIME FOR COMMENCEMENT AND COMPLETION 8.1 The Contractor shall commence work from the fifteenth day after the notification of award of

work.

8.2 The Contractor shall attain completion of the total works under the Contract within such extended

time to which the Contractor shall be entitled under GCC Clause 30.0 (Extension of Time for

Completion) hereof.

9.0 CONTRACTOR'S RESPONSIBILITES 9.1 The Contractor shall execute the entire work with due care and diligence in accordance with the

Contract.

9.2 The Contractor confirms that it has entered into this Contract on the basis of a proper examination

of the data relating to the works provided by Owner, and on the basis of information that the

Contractor could have obtained from a visual inspection of the site and of other data readily

available to it relating to the works. The Contractor acknowledges that any failure to acquaint

itself with all such data and information shall not relieve its responsibility for properly estimating

the difficulty or cost of successfully performing the works.

9.3 The Contractor shall acquire in its name all permits, approvals and/or licenses from all local, state

or national government authorities or public service undertakings that are necessary for the

performance of the Contract.

9.4 The Contractor shall comply with all laws in force where the services are carried out. The laws

will include all national, provincial, municipal or other laws that affect the performance of the

Contract and bind upon the Contractor. The Contractor shall indemnify and hold harmless the

Owner from and against any and all liabilities, damages, claims, fines, penalties and expenses of

whatever nature arising or resulting from the violation of such laws by the Contractor or its

personnel but without prejudice to GCC sub-clause 8.1 hereof.

9.5 The Contractor shall supply and make available all raw materials, utilities, and works and shall

perform all work and services of whatsoever nature required by him to properly carry out the

works under the Contract.

10.0 OWNER'S RESPONSIBILITIES 10.1 The Owner shall ensure the accuracy of all the information and/or data to be supplied by the

Owner to the contract except when otherwise expressly stated in the contract.

11.0 CONTRACT PRICE

11.1 The Contract Price shall be as specified in Article 2 (Contract Price and Term of Payment) of the

Form of Contract Agreement.

12.0 TERMS OF PAYMENT 12.1 The Contract Price shall be paid as specified in Appendix-1 (Terms and Procedures of Payment)

to the Contract Agreement. The procedures to be followed in making application for and

processing payments shall be those outlined in the same Appendix-1.

12.2 No payment made by the Owner herein shall be deemed to constitute acceptance by the Owner of

the Works or any part(s) thereof.

12.3 All the payments under this Contract shall be made to the Contractor in Indian Rupees only.

13.0 SECURITIES

13.1 Contract Performance Security 13.1.1 The Contractor shall, within fifteen days (15) days of the notification of award, provide a security

for the due performance of the Contract for an amount equivalent to ten percent (10%) of

Contract price with a validity upto ninety (90) days beyond the Defect Liability Period.

24

13.1.2 The security shall be denominated in Indian Rupees and shall be in the form of bank guarantee

attached hereto in the section on Forms and Procedures, or in another form acceptable to the

Owner.

13.1.3 If the Defects Liability Period has been extended on any part of the works pursuant to GCC sub-

clause 24.8 hereof, the Contractor shall issue an additional security in an amount proportionate to

the Contract Price of that part. The security shall be returned to the Contractor immediately after

its expiration.

13.1.4 The Performance Security will be returned to the Contractor without any interest 90 days after

successful completion of the Defects Liability Period on submission of no claim certificate unless

otherwise specified.

13.1.5 It is expressly understood and agreed that the above Contract Performance Security is intended to

secure the performance of entire Contract. It is also expressly understood and agreed that the

Contract Performance security is not to be construed as limiting the damages as detailed under the

Technical Specification and any other damages stipulated in other clauses in the Contract

Documents.

13.2 Claims under Security Whether or not the Performance Security is stated by its terms to be payable on the demand of the

Owner, the Owner shall not make a claim under the Performance Security unless one of the

following conditions is satisfied:

a) the Contractor is in breach of the Contract and fails to remedy the breach with in 30 days

after receiving written notice from the Owner requiring him to do so. The notice shall

state the intention to claim under Performance Security, the amount claimed and the

breach relied upon, or

b) the Owner has obtained an award in arbitration and the amount awarded has not been

paid within 45 days after the award, or

c) the Contractor has gone into liquidation or is bankrupt, or

d) any other reason specifying the default of the Contractor by the Owner.

In every case the Owner shall, when making the claim, send a copy to the Contractor.

14.0 TAXES AND DUTIES 14.1 The Sales tax on works Contract shall be borne by the Contractor. The Owner shall make the

deduction of the same from the Contractor’s invoices at the rates prevalent at that time and

deposit the same with the Excise & Taxation Department under intimation to the Contractor.

14.2 As regards the Indian income tax, surcharge on income tax and any other corporate tax the Owner

shall not bear any tax liability whatsoever. The Contractor shall be liable and responsible for

payment of such tax, if attracted under the provisions of the law present or future and Owner will

make deductions at source as applicable.

14.3 Service Tax & education cess on service tax shall be paid to the Contractor at the rates prevailing

at that time against documentary proof of Service Tax Number of the Contractor. Thereafter it

shall be the sole responsibility of the Contractor to deposit the same with the concerned

authorities. It shall be mandatory on the Contractor to submit evidence of his having service tax

registration and the service tax registration number shall be printed on the invoices raised by him

for payment.

15.0 DEDUCTION FROM CONTRACT PRICE

15.1 All the costs, damages or expenses which the Owner may have paid for which, under the

Contract, the Contractor is liable, will be claimed by Owner. All such claim shall be billed by the

Owner to the Contractor regularly as and when they fall due. Such bills shall be supported by

appropriate and certified vouchers to the extent possible or explanations, to enable to the

Contractor to properly identify such claims.

25

15.2 Such claims shall be paid by the Contractor within twenty eight (28) days of the receipt of the

corresponding bills and if not paid by the Contractor within the said period, the Owner may then

deduct the amount from any money due or becoming due by him to Contractor under the Contract

or may be recovered by action of law or otherwise, if the Contractor fails to satisfy the Owner of

non- pay ability of such claims by the Contractor.

16.0 CONFIDENTIAL INFORMATION 16.1 The Owner and the Contractor shall keep confidential and shall not, without the written consent

of the other party hereto, divulge to any third party any documents, data or other information

furnished directly or indirectly by the other party hereto in connection with the Contract, whether

such information has been furnished prior to, during or following termination of the Contract.

16.2 The Owner shall not use such documents, data and other information received from the

Contractor for any purpose other than the operation and maintenance of the works. Similarly, the

Contractor shall not use such documents, data and other information received from the Owner for

any purpose other than the design, procurement of plant and equipment construction of or such

other work and services as are required for the performance of the Contract.

16.3 The obligation of a party under GCC sub-clause 16.1 and 16.2 above, however, shall not apply to

that information which

a) now or hereafter enters the public domain through no fault of that party.

b) can be proven to have been possessed by that party at the time of disclosure and which

was not previously obtained directly or indirectly, from the other party hereto.

c) otherwise lawfully becomes available to that party from a third party that has no

obligation of confidentiality.

16.4 The above provisions of this GCC Clause 16.0 shall not in any way modify any undertaking of

confidentiality given by either of the parties hereto prior to the date of the Contract in respect of

the works or any part thereof.

16.5 The provisions of this GCC Clause 16.0 shall survive termination, for whatever reason, of the

Contract.

17.0 REPRESENTATIVES

17.1 Engineer-in-charge The Engineer-in-charge shall be named before or at the time of signing the Contract. The Owner

may from time to time appoint some other person as the Engineer-in-charge in place of the person

previously so appointed, and shall give a notice of the name of such other persons to the

Contractor without delay. The Owner shall take all reasonable care to see that no such

appointment is made at such a time or in such a manner as to impede the progress of work on the

works. The Engineer-in-charge shall represent and act for the Owner at all times during the

currency of the Contract. All notices, instructions, orders, certificates, approvals and all other

communications under the Contract shall be given by the Engineer-in-charge except as herein

otherwise provided.

All notices, instructions, information and other communications given by the Contractor to the

Owner under the Contract shall be given to the Engineer-in-charge except as herein otherwise

provided.

17.2 Contractor's Representative 17.2.1 The Contractor's Representative at site shall be named before or at the time of signing the

Contract.

17.2.2 The Contractor's Representative shall represent and act for the Contractor at all times during the

currency of the Contract and shall give to the Engineer-in-charge all the Contractor's notices,

instructions, information and all other communications under the Contract.

26

All notices, instructions, information and all other communications given by the Owner or the

Engineer-in-charge to the Contractor under the Contract shall be given to the Contractor's

representative or, in its absence, its deputy, except as herein otherwise provided.

The Contractor shall not revoke the appointment of the Contractor's representative without the

Owners prior written consent, which shall not be unreasonably withheld.

17.2.3 The Contractor's representative may, subject to the approval of the Owner (which shall not be

unreasonably withheld), at any time delegate to any person any of the powers, functions and

authorities vested in him or her. Any such delegation may be revoked at any time. Any such

delegation or revocation shall be subject to a prior notice signed by the Contractor's

representative and shall specify the powers, functions and authorities thereby delegated or

revoked. No such delegation or revocation shall take effect unless and until a copy thereof has

been delivered to the Owner and the Engineer-in-charge.

Any act or exercise by any person of powers, functions, and authorities so delegated to him or her

in accordance with this GCC sub-clause 17.2.3 shall be deemed to be an act or exercise by the

Contractor's Representative.

17.2.4 Notwithstanding anything stated in GCC sub-clause 17.1 and 17.2 above, for the purpose of

execution of Contract the Owner and the Contractor shall finalize and agree to a Contract

coordination procedure and all the communication under the Contract shall be in accordance with

such Contract co-ordination procedure.

17.2.5 The Owner may by notice to the Contractor object to any representative or person employed by

the Contractor in the execution of the Contract who, in the reasonable opinion of the Owner, may

behave inappropriately, may be incompetent or negligent, or may commit a serious breach of the

site regulations provided under GCC sub-clause 19.3. The Owner shall provide evidence of the

same, whereupon the Contractor shall remove such person from the works.

17.2.6 If any representative or person employed by the Contractor is removed in accordance with GCC

sub-clause 17.2.5, the Contractor shall, where required, promptly appoint a replacement.

18.0 WORK PROGRAMME

18.1 Contractor's Organization

The Contractor shall supply to Engineer-in-charge a chart showing the proposed organization to

be established by the Contractor for carrying out the works. The chart shall include the identities

of the key personnel together with the curricula vitae of such key personnel to be employed

within twenty-one (21) days of the effective date. The Contractor shall promptly inform the

Owner and the Engineer-in-charge in writing of any revision or alteration of such an organization

chart.

18.2 Programme of Performance Within seven (7) days after the date of notification of Award, the Contractor shall prepare and

submit to the Engineer-in-charge a detailed program of performance of the Contract, showing the

sequence in which it proposes to execute & complete the works as well as the date by which the

Contractor reasonably requires that the Owner shall have fulfilled its obligations under the

Contract so as to enable the Contractor to execute the Contract in accordance with the programme

and to achieve completion and acceptance of the works in accordance with the Contract. The

programme so submitted by the Contractor shall accord with the Time Schedule included in

Appendix 4 (Time Schedule) to the Contract. The Contractor shall update and revise the

programme as and when appropriate or when required by Engineer-in-charge, but without

modification in the Times for Completion and any extension granted in accordance with GCC

Clause 30.0, and shall submit all such revisions to the Engineer-in-charge.

18.3 Progress Report

27

The Contractor shall monitor progress of all the activities specified in the programme referred to

in GCC sub-clause 18.2 (Programme of Performance) above and supply a progress report to the

Engineer-in-charge every week. The progress report shall be in a form acceptable to the

Engineer-in-charge and besides indicating (a) percentage completion achieved compared with the

planned percentage completion for each activity, and (b) where any activity is behind the

programme, giving comments and likely consequences and stating the corrective action being

taken.

18.4 Progress performance

If at any time the Contractor's actual progress falls behind the programme referred to in GCC

sub-clause 18.2 (Programme of Performance), or it becomes apparent that it will so fall behind,

the Contractor shall at the request of the Owner or the Engineer-in-charge prepare and submit to

the Engineer-in-charge a revised programme, taking into account the prevailing circumstances,

and shall notify the Engineer-in-charge of the steps being taken to expedite progress so as to

attain completion of the works within the Time for Completion under GCC sub-clause 8.2 (Time

for Commencement and Completion), any extension thereof entitled under GCC sub-clause 30.0

(Extension of Time for Completion), or any extended period as may otherwise be agreed upon

between the Owner and the Contractor.

18.5 Work Procedures The Contract shall be executed in accordance with the Contract documents and the procedures

given in the section on Sample Forms and Procedures of the Contract Documents.

19.0 MAINTENANCE

19.1 Setting Out/Supervision/Labour If, at any time during the progress of the works, any error shall appear in the position, level or

alignment of the works, the Contractor shall forthwith notify the Engineer-in-charge of such error

and at its own expense, immediately rectify such error to the reasonable satisfaction of the

Engineer-in-charge.

19.1.2 Contractor's Supervision: The Contractor shall give or provide all necessary superintendence

during the progress of the works, and the Contractor’s Representative or its deputy shall be

constantly on the Site to provide fulltime superintendence of the Maintenance work. The

Contractor shall provide and employ technical personnel who are skilled and experienced in their

respective professions and supervisory staff who are competent to adequately supervise the work

at hand.

19.1.3 Labour: a) The Contractor shall provide and employ on the Site such skilled, semi-skilled and

unskilled labour as is necessary for the proper and timely execution of the Contract. The

Contractor is encouraged to use local labor that has the necessary skills.

b) Unless otherwise provided in the Contract, the Contractor shall be responsible for the

recruitment, transportation accommodation and catering of all labor, local, or expatriate,

required for the execution of the Contract and for all payments in connection therewith.

c) The Contractor shall be responsible for obtaining all necessary permit(s) and/or visa(s)

from the appropriate authorities for the entry of all labour and personnel to be employed

on the Site.

d) The Contractor shall at its own expense provide the means of repatriation to all of its and

its sub-Contractor's personnel employed on the Contract at the Site to their various home

states. It shall also provide suitable temporary maintenance of all such persons from the

28

cessation of their employment on the Contract to the date programmed for their

departure. In the event that the Contractor defaults in providing such means of

transportation and temporary maintenance, the Owner may provide the same to such

personnel and recover the cost of doing so from the Contractor.

e) The Contractor shall at all times during the progress of the Contract use its best

endeavors to prevent any unlawful, riotous or disorderly conduct or behavior by or

amongst its employees and the labour of its sub-Contractors.

f) The Contractor shall, in all dealings with its labour currently employed on or connected

with the Contract, pay due regard to all recognized festivals, official holidays, religious or

other customs and all local laws and regulations pertaining to the employment of labour.

19.2 Contractor's Equipment 19.2.1 All Contractor's equipment brought by the Contractor onto the Site shall be deemed to be

intended to be used exclusively for the execution of the Contract. The Contractor shall not

remove the same from the Site without the Engineer-in-charge's consent that such Contractor's

equipment is no longer required for the execution of the Contract.

19.2.2. Unless otherwise specified in the Contract, upon completion of the works, the Contractor shall

remove from the Site all equipment brought by the Contractor onto the Site and any surplus

materials remaining thereon.

19.3 Site Regulations and Safety The Owner and the Contractor shall establish Site regulations setting out the rules to be observed

in the execution of the Contract at the Site and shall comply therewith. The Contractor shall

prepare and submit to the Owner, with a copy to the Engineer-in-charge proposed Site regulations

for the Owner's approval, which approval shall not be unreasonably withheld.

Such Site regulations shall include, but shall not be limited to rules in respect of security, safety

of the works, gate control, sanitation, medical care, and fire prevention.

19.4 Emergency Work If, by reason of an emergency arising in connection with and during the execution of the Contract

any protective `or remedial work is necessary as a matter of urgency to prevent damage to the

works, the Contractor shall immediately carry out such work.

If, the Contractor is unable or unwilling to do such work immediately, the Owner may do or

cause such work to be done as the Owner may determine is necessary in order to prevent damage

to the works. In such event the Owner shall, as soon as practicable after the occurrence of any

such emergency, notify the Contractor in writing of such emergency, the work done and the

reasons thereof. If the work done or caused to be done by the Owner is work that the Contractor

was liable to do at its own expense under Contract, the reasonable costs incurred by the Owner in

connection therewith shall be paid by the Contractor to the Owner. Otherwise, the cost of such

remedial work shall be borne by the Owner.

19.5 Site Clearance 19.5.1 Site clearance in course of performance:

In the course of carrying out the Contract, the Contractor shall keep the Site reasonably free from

all unnecessary obstruction, store or remove any surplus materials, clear away any wreckage,

rubbish or temporary works from the Site and remove any Contractor's equipment no longer

required for execution of the Contract.

19.5.2 Clearance of Site after completion:

After completion of all parts of the works, the Contractor shall clear away and remove all

wreckage, rubbish and debris of any kind from the Site and shall leave the Site and works clean

and safe.

29

19.6 Work at Night and on Holidays 19.6.1 Unless otherwise provided in the Contract, no work shall be carried out during the night and on

public holidays without prior written consent of the Owner, except where work is necessary or

required to ensure safety of the works or for the protection of life, or to prevent loss or damage to

property, when the Contractor shall immediately advise the Engineer-in-charge provided that

provisions of this GCC Sub-clause 19.6.1 shall not apply to any work which is customarily

carried out by rotary or double-shifts.

19.6.2 Notwithstanding GCC Sub-clause 19.6.1 or 19.1.3 if and when the Contractor considers it

necessary to carry out work at night or on public holidays so as to meet the time for completion

and requests the Owners consent thereto, the Owner shall not unreasonably withhold such

consent.

20.0 TEST AND INSPECTION 20.1 The Contractor shall at its own expense carry out at Site all such tests and/or inspections of the

Plant and equipment and any part of the works as are specified in the Contract.

20.2 The Owner and the Engineer-in-charge or their designated representatives shall be entitled to

attend the aforesaid test and/or inspection.

20.3 The Contractor shall provide the Engineer-in-charge with a certified report of the results of any

such test and/or inspection.

20.4 The Engineer-in-charge may require the Contractor to carry out any test and/or inspection not

required by the Contract, provided that the Contractor's reasonable costs and expenses incurred in

the carrying out of such test and/or inspection shall be added to the Contract price. Further, if

such test and/or inspection impede the progress of work on the works and/or the Contractor's

performance of its other obligations under the Contract, due allowance will be made in respect of

the Time for completion and the other obligations so affected.

20.5 If any Plant and equipment or any part of the works fails to pass any test and/or inspection, the

Contractor shall either rectify or replace such plant and equipment or part of the works and shall

repeat the test and/or inspection.

20.6 The Contractor agrees that neither the execution of a test and/or inspection of Plant and

equipment or any part of the works, nor the attendance by the Owner or the Engineer-in-charge

shall release the Contractor from any other responsibilities under the Contract.

21.0 COMPLETION OF THE WORKS 21.1 As soon as the works or any part thereof has, in the opinion of the Contractor, been completed

operationally and structurally and put in a tight and clean condition as specified in the Technical

Specifications, excluding minor items not materially affecting the operation or safety of the

works, the Contractor shall so notify the Owner in writing.

21.2 As soon as all works in respect of Pre-commissioning are completed and, in the opinion of the

Contractor, the works or any part thereof is ready for commissioning, the Contractor shall

commence commissioning (Trial operation) as per procedures stipulated in technical

specifications and as soon as commissioning is satisfactorily completed, the Contractor shall so

notify the Engineer-in-charge in writing.

21.3 The Engineer-in-charge shall within fourteen (14) days after receipt of the Contractor's notice

under GCC sub-clause 21.2 either issue a completion certificate in the form specified in the

Forms and Procedures section in the Bid Documents, stating that the works or that part thereof

have reached completion as at the date of the Contractor's notice under GCC sub-clause 21.2 or

notify the Contractor in writing of any defects and/or deficiencies.

If the Engineer-in-charge notifies the Contractor of any defects and/or deficiencies, the

Contractor shall then correct such defects and/or deficiencies, and shall repeat the procedure

described in GCC sub-clause 21.2.

30

If the Engineer-in-charge is satisfied that the works or that part thereof have reached completion,

the Engineer-in-charge shall, within seven (7) days after receipt of the Contractor's repeated

notice, issue a completion certificate stating that the works or that part thereof have reached

completion as at the date of the Contractor's repeated notice.

If the Engineer-in-charge is not so satisfied, than it shall notify the Contractor in writing of any

defects and/or deficiencies within seven (7) days after receipt of the Contractor's repeated notice,

and the above procedure shall be repeated.

21.4 As soon as possible after completion, the Contractor shall complete all outstanding minor items

so that the works are fully in accordance with the requirements of the Contract, failing which the

Owner will undertake such completion and deduct the costs thereof from any monies owing to the

Contractor.

21.5 Upon completion and handing over the works or the relevant part thereof, by the Contractor to the

Owner, shall be responsible for the care and custody of the works or the relevant part thereof.

22.0 COMMISSIONING AND OPERATIONAL ACCEPTANCE

22.1 Commissioning: - Commissioning (Trial Operation) of the works or any part thereof shall be completed by the

Contractor as per procedures detailed in technical Specifications.

22.2 Operational Acceptance: -

22.2.1 The operational Acceptance shall occur in respect of the works or any part thereof after

successful completion of the Test Service Period and any minor items relevant to the works or

that part thereof have been completed.

22.2.2 Pursuant to GCC sub-clause 22.2.1, the Contractor may give a notice to the Engineer-in-charge

requesting the issue of an Operational Acceptance Certificate in the form provided in the Bid

Documents or in another form acceptable to the Owner in respect of the works or the part thereof

specified in such notice as at the date of such notice.

22.2.3 The Engineer-in-charge shall, after consultation with the Owner, and within forty five (45 days)

after receipt of the Contractor's notice, issue an Operational Acceptance Certificate.

22.2.4 If within forty five (45) days after receipt of the Contractor's notice, the Engineer-in-charge fails

to issue the Operational Acceptance Certificate or fails to inform the Contractor in writing of the

justifiable reasons why the Engineer-in-charge has not issued the Operational Acceptance

Certificate, the works or the relevant part thereof shall be deemed to have been accepted as at the

date of the Contractor's said notice.

23.0 COMPLETION TIME GUARANTEE

23.1 The Contractor guarantees that it shall attain commissioning of the works (or a part for which a

separate time for completion is specified in the Contract) within the Time for Completion

specified in the Contract pursuant to GCC sub-clause 10.2 or within such extended time to which

the Contractor shall be entitled under GCC Clause 30.0 (Extension of Time for completion)

hereof.

23.2 If Contractor fails to attain completion of the works or any part thereof within the Time for

Completion or any extension thereof under GCC Clause 30.0 (Extension of Time for

Completion), the Contractor shall pay to the Owner liquidated damages in the amount computed

@ half percent (0.5) of the Contract price per week. The aggregate amount of such liquidate

damages shall in no event exceed the five (5%) of the Contract price. Once the "Maximum" is

reached, the Owner may consider termination of the Contract, pursuant to GCC Sub-clause 32.2.

Such payment shall completely satisfy the Contractor's obligation to attain completion of the

works or the relevant part thereof within the Time for Completion or any extension thereof under

31

GCC Clause 30.0 (Extension of Time for Completion). The Contractor shall have no further

liability whatsoever to the Owner in respect thereof.

However, the payment of liquidated damages shall not in any way relieve the Contractor from

any of its obligations to complete the works or from any other obligations and liabilities of the

Contractor under the Contract.

Save for liquidated damages payable under this GCC sub-clause 23.2, the failure by the

Contractor to attain any milestone or other act, matter or thing by any date specified in Appendix

4(Time Schedule to the Contract Agreement and/or other programme of work prepared pursuant

to GCC Clause 18.2 (Programme of Performance) shall not render the Contractor liable for any

loss or damage thereby suffered by the Owner.

23.3 No bonus shall be given for earlier completion of works or part thereof.

24.0 DEFECT LIABILITY

24.1 The Contractor warrants that the works carried out under this Contract shall be free from defects.

24.2 The Defect Liability Period shall be twenty four (24) months from the date of Operational

Acceptance of the works unless specified otherwise in the Contract.

If during the Defect Liability Period any defect should be found in the work executed by the

Contractor, the Contractor shall promptly, in consultation and agreement with the Owner

regarding appropriate remedying of the defects, and at its cost, repair, replace or other wise make

good (as the Contractor shall, at its discretion, determine) such defect as well as any damage to

the works caused by such defect. The Contractor shall not be responsible for the repair,

replacement or making good of any defect or of any damage to the works arising out of or

resulting from any of the following causes:

a) improper operation or maintenance of the works by the Owner.

b) operation of the works outside specifications provided in the Contract.

c) normal wear and tear.

24.3 The Contractor's obligations under this GCC Clause 24.0 shall not apply to: -

a) any materials that are supplied by the Owner are normally consumed in operation, or

have a normal life shorter than the Defect Liability Period stated herein.

b) any designs, specifications or other data designed, supplied or specified by or on behalf

of the Owner or any matters for which the Contractor has disclaimed responsibility

herein.

24.4 The Owner shall give the Contractor a notice stating the nature of any such defect together with

all available evidence thereof, promptly following the discovery thereof. The Owner shall afford

all reasonable opportunity for the Contractor to inspect any such defect.

24.5 If the repair, replacement or making good is of such a character that it may affect the efficiency of

the works or any part thereof, the Owner may give to the Contractor a notice requiring that tests

of the defective part of the works shall be made by the Contractor immediately upon completion

of such remedial work, whereupon the Contractor shall carry out such tests.

If such part fails the tests, the Contractor shall carry out further repair, replacement or making

good (as the case may be) until that part of the works passes such tests. The tests in character

shall in any case be not less than what has already been agreed upon by the Owner and the

Contractor for the original equipment/part of the works.

24.6 If the Contractor fails to commence the work necessary to remedy such defect or any damage to

the works caused by such defect within a reasonable time (which shall in no event be considered

to be less than fifteen (15 days) the Owner may following notice to the Contractor, proceed to do

such work and the reasonable costs incurred by the Owner in connection therewith shall be paid

to the Owner by the Contractor or may be deducted by the Owner from any monies due the

Contractor or claimed under the Performance Security.

24.7 If works or any part thereof cannot be used by reason of such defect and/or making good of such

defect, the Defect Liability Period of the Works or such part, as the case may be, shall be

32

extended by a period equal to the period during which the works or such part cannot be used by

the Owner be cause of any of the aforesaid reasons.

24.8 Upon correction of the defects in the works or any part thereof by repair/replacement, such

repair/replacement shall have the Defect Liability Period extended by a period of Twenty four

(24) months from the time of such replacement/repair of the works or any part thereof.

25.0 LOSS OF OR DAMAGE TO PROPERTY; ACCIDENT OR INJURY TO WORKERS;

INDEMNIFICATION 25.1 The Contractor shall indemnify and hold harmless the Owner and its employees and officers from

and against any and all suits, actions or administrative proceedings, claims, demands, losses,

damages, costs, and expenses, of whatsoever nature, including attorney's fees and expenses , in

respect of the death or injury of any person or loss of or damage to any property (other than the

works whether accepted or not), arising in connection with the supply and maintenance of the

works and by reason of the negligence of the Contractor or their employees, officers or agents,

except any injury, death or property damage caused by the negligence of the Owner, its

Contractors, employees, officers or agents.

25.2 If any proceedings are brought or any claim is made against the Owner that might subject the

Contractor to liability under GCC sub-clause 25.1 the Owner shall promptly give the Contractor a

notice thereof and the Contractor may at its own expense and in the Owner's name conduct such

proceedings or claim and any negotiations for the settlement of any such proceedings or claim.

If the Contractor fails to notify the Owner within twenty-eight (28) days after receipt of such

notice that it intends to conduct any such proceedings or claim, then the Owner shall be free to

conduct the same on its own behalf. Unless the Contractor has so failed to notify the Owner

within the twenty eight (28) days period the Owner shall make no admission that may be

prejudicial to the defense of any such proceedings or claim.

26.0 INSURANCE

26.1 To the extent specified in Appendix 3 (Insurance Requirements) to the Contract Agreement, the

Contractor shall at its expense take out and maintain in effect, during the performance of the

Contract, the insurances set forth below in the sums and with the deductibles and other conditions

specified in the said Appendix.

a) Third Party Liability Insurance

Covering bodily injury or death suffered by third parties occurring in connection with the

works under the Contract.

b) Worker's Compensation

In accordance with the statutory requirements applicable in any country where the

Contract or any part thereof is executed.

27.0 CHANGE IN LAWS AND REGULATIONS

27.1 If, after the date twenty-eight (28) days prior to the date of Bid submission, any law, regulation,

ordinance, order or by-law having the force of law is enacted, promulgated, abrogated or changed

(which shall be deemed to include any change in interpretation or application by the competent

authorities) that subsequently affects the costs and expenses of the Contractor and/or the Time for

Completion, the Contract Price shall be correspondingly increased or decreased, and/or the Time

for Completion shall be reasonably adjusted to the extent that the Contractor has thereby been

affected in the performance of any of its obligations under the Contract.

28.0 FORCE MAJEURE

28.1 " Force Majeure " shall mean any event beyond the reasonable control of the Owner or of the

Contractor, as the case may be and which is unavoidable notwithstanding the reasonable care of

the party affected and shall include, without limitation, the following: -

33

a) war and other hostilities (whether war be declared or not), invasion, act of foreign

enemies or embargo;

b) rebellion, revolution, insurrection, military or usurped power and civil war;

c) ionising, radiation or contamination by radio-activity from any nuclear fuel or from any

nuclear waste from the combustion of nuclear fuel, radio-active toxic explosives, or

other hazardous properties of any explosive nuclear assembly or nuclear components

thereof;

d) riot, commotion or disorder, except where solely restricted to employees of the

Contractor;

e) Acts of God such as earthquake (above magnitude of 7 on Richter's scale), unprecedented

floods.

28.2 If either party is prevented, hindered or delayed from or in performing any of its obligations

under the Contract by an event of Force Majeure, then it shall notify the other in writing of the

occurrence of such event and the circumstances thereof within fourteen (14) days after the

occurrence of such event.

28.3 The party who has given such notice shall be excused from the performance or punctual

performance of its obligations under the Contract for so long as the relevant event of Force

Majeure continues and to the extent that such party's performance is prevented, hindered or

delayed. The Time for Completion shall be extended in accordance with GCC Clause 30.0

(Extension of Time for Completion).

28.4 The party or parties affected by the event of Force Majeure shall use reasonable efforts to

mitigate the effect thereof upon its or their performance of the Contract and to fulfill its or their

obligations under the Contract.

28.5 No delay or non-performance by either party thereto caused by the occurrence of any event of

Force Majeure shall

a) constitute a default or breach of the Contract

b) (subject to GCC sub-clause 29.3) give rise to any claim for damages or additional cost or

expense occasioned thereby

if and to the extent that such delay or nonperformance is caused by the occurrence of an event of

Force Majeure .

28.6 If the performance of the Contract is substantially prevented, hindered or delayed for a single

period of more than sixty (60) days or an aggregate period of more than one hundred and twenty

(120) days on account of one or more events of Force Majeure during the currency of the

Contract, the parties will attempt to develop a mutually satisfactory solution failing which the

dispute shall be resolved in accordance with GCC Clause 6.

28.7 Notwithstanding GCC sub-clause 28.5, Force Majeure shall not apply to any obligation of the

Owner to make payments to the Contractor herein.

29.0 WAR RISKS

29.1 " War Risks" shall mean any event specified in paragraphs (a) and (b) of GCC sub-clause 28.1

and any explosion or impact of any mine, bomb-shell, grenade or other projectile, missile,

munitions or explosive of war, occurring or existing in or near the country (or countries) where

the Site is located.

29.2 Notwithstanding anything contained in the Contract, the Contractor shall have no liability

whatsoever for or with respect to: -

a) destruction of or damage to Works, Plant & Equipment, or any part thereof.

b) destruction of or damage to property of the Owner or any third party.

c) injury or loss life

29.3 If during the performance of the Contract any War Risks shall occur that financially or otherwise

materially affect the execution of the Contract by the Contractor, the Contractor shall use its

reasonable efforts to execute the Contract with due and proper consideration give to the safety of

34

its and its sub-Contractor's personnel engaged in the work on the works, provided, however, that

if the execution of the work on the works becomes impossible or is substantially prevented for a

single period of more than sixty (60) days or an aggregate period of more than one hundred and

twenty (120) days on account of any War Risks, the parties will attempt to develop a mutually

satisfactory solution, failing which the dispute will be resolved in accordance with GCC Clause

No. 6.0.

30.0 EXTENSION OF TIME FOR COMPLETION

30.1 The time(s) for completion specified in the Contract shall be extended if the Contractor is delayed

or impeded in the performance of any of its obligations under the Contract by reason of any of the

following:

a) any occurrence of Force Majeure as provided in GCC Clause 28.0 (Force majeure).

b) any suspension order given by the Owner under GCC clause 31.0 (Suspension) hereof.

c) any changes in laws and regulations as provided in GCC Clause 27.0 (Change in Laws

and Regulations) or

d) any default or breach of the Contract by the Owner specifically including failure to

supply the items in Scope of Works and Supply by the Owner to the Contract Agreement,

or any activity, act or omission of any other Contractors employed by the Owner or

e) any other matter specifically mentioned in the Contract:

by such period as shall be fair and reasonable in all the circumstances and as shall fairly reflect

the delay or impediment sustained by the Contractor .

30.2 Except where otherwise specifically provided in the Contract, the Contractor shall submit to the

Engineer-in-charge a notice of a claim for an extension of the Time for completion, together with

particulars of the event or circumstance justifying such extension as soon as reasonably

practicable after the commencement of such event or circumstance. As soon as reasonably

practicable after receipt of such notice and supporting particulars of the claim, the Owner and the

Contractor shall agree upon the period of such extension.

30.3 The Contractor shall at all times use its reasonable efforts to minimize any delay in the

performance of its obligations under the Contract.

31.0 SUSPENSION

31.1 The Owner may request the Engineer-in-charge by notice to the Contractor, to order the

Contractor to suspend performance of any or all of its obligations under the Contract. Such notice

shall specify the obligations of which performance is to be suspended, the effective date of the

suspension and the reasons thereof. The Contractor shall thereupon suspend performance of such

obligations (except those obligations necessary for the care or preservation of the works) until

ordered in writing to resume such performance by the Engineer-in-charge.

31.2 During the period of suspension, the Contractor shall not remove from the Site any Plant and

equipment, any part of the works or any Contractor's equipment, without the prior written consent

of the Owner.

32.0 TERMINATION

32.1 The Owner without prejudice to any other rights or remedies it may possess, may terminate the

Contract forthwith in the following circumstances by giving a notice of termination and its

reasons therefor to the Contractor.

a) if the Contractor becomes bankrupt or insolvent, has a receiving order issued against it,

compounds with its creditors, or, if the Contractor is a corporation, a resolution is passed

or order is made for its winding up (other than a voluntary liquidation for the purposes of

amalgamation or reconstruction) a receiver is appointed over any part of its under taking

35

or assets, or if the Contractor takes or suffers any other analogous action in consequence

of debt.

b) if the Contractor assigns or transfers the Contract or any right or interest.

c) if the Contractor, in the judgment of the Owner has engaged in corrupt or fraudulent

practices in competing for or in executing the Contract.

For the purpose of this sub-clause:

"Corrupt practice" means the offering, giving receiving or soliciting of any thing of value

of influence the action of a public official in the procurement process or in Contract

execution.

"Fraudulent practice" means a misrepresentation of facts in order to influence a

procurement process or the execution of a Contract to the detriment of the Owner and

includes collusive practice among Bidders (prior to or after Bid submission) designed to

establish Bid prices at artificial non-competitive levels and to deprive the Owner of the

benefits of free and open competition .

32.2 If the Contractor

a) has abandoned or repudiated the Contract.

b) has without valid reason failed to commence work on the works promptly or has

suspended, the progress of Contract performance for more than twenty-eight (28) days

after receiving a written instruction from the Owner to proceed.

c) persistently fails to execute the Contract in accordance with the Contract or persistently

neglects to carry out its obligations under the Contract without just cause.

d) refuses or is unable to provide sufficient materials, services or labour to execute and

complete the works in the manner specified in the program furnished under GCC Clause

18.2 (Programme of Performance) at rates of progress that give reasonable assurance to

the Owner that the Contractor can attain completion of the works by the Time for

Completion as extended;

then the Owner may, without prejudice to any other rights it may possess under the Contract, give

a notice to the Contractor stating the nature of the default and requiring the Contractor to remedy

the same. If the Contractor fails to remedy or to take steps to remedy the same within fourteen

(14) days of its receipt of such notice, then the Owner may terminate the Contract forthwith by

giving a notice of termination to the Contractor.

32.3 Upon receipt of the notice of termination under the Contract shall either immediately or upon

such date as is specified in the notice of termination:

a) cease all further work, except for such work as the Owner may specify in the notice of

termination for the sole purpose of protecting that part of the works already executed, or

any work required to leave the Site in a clean and safe condition.

b) terminate all sub-Contracts, except those to be assigned to the Owner pursuant to

paragraph (d) below.

c) deliver to the Owner the parts of the works executed by the Contractor up to the date of

termination.

d) to the extent legally possible, assign to the Owner all right, title and benefit of the

Contractor to the Work and to the plant and equipment as at the date of termination, and,

as may be required by the Owner, in any sub-Contracts concluded between the Contractor

and its sub-Contractors.

e) deliver to the Owner all drawings, specifications and other documents prepared by the

Contractor or its sub-Contractors as at the date of termination in connection with the

works.

36

32.4 The Owner may enter upon the Site, expel the Contractor, and complete the works itself or by

employing any third party. The Owner may, to the exclusion of any right of the Contract over the

same, take over and use with the payment of a fair rental rate to the Contractor, with all the

maintenance costs to the account of the Owner and with an indemnification by the Owner for all

liability including damage or injury to persons arising out of the Owner's use of such equipment,

any Contractor's equipment owned by the Contractor and on the Site in connection with the works

for such reasonable period as the Owner considers expedient for the works.

Upon completion of the works or at such earlier date as the Owner thinks appropriate, the Owner

shall give notice to the Contractor that Contractor's equipment will be returned to the Contractor

at or near the Site and shall return such Contractor's equipment to the Contractor in accordance

with such notice . The Contractor shall thereafter without delay and at its cost remove or arrange

removal of the same from the Site.

32.5 The Contractor shall be entitled to be paid the Contract price attributable to the works executed as

at the date of termination, the value of any unused or partially used Plant and equipment on the

Site, and the costs, if any, incurred in protecting the works and in leaving the Site in a clean and

safe condition pursuant to paragraph. Any sums due to the Owner from the Contractor accruing

prior to the date of termination shall be deducted from the amount to be paid to the Contractor

under this Contract.

32.6 If the Owner completes the works, the cost of completing the works by the Owner shall be

determined.

If the sum that the Contractor is entitled to be paid pursuant to GCC sub-clause 32.5, plus the

reasonable costs incurred by the Owner, in completing the works, exceeds the Contract price, the

Contractor shall be liable for such excess.If such excess is greater than the sums due the

Contractor under GCC sub-clause 32.5, the Contractor shall pay the balance to the Owner, and if

such excess is less than the sums due the Contractor the Owner shall pay the balance to the

Contractor.

The Owner and the Contractor shall agree, in writing, on the computation described above and

the manner in which any sums shall be paid.

33.0 ASSIGNMENT

33.1 Neither the Owner nor the Contractor shall, without the express prior written consent of the other

(which consent shall not be unreasonably withheld), assign to any third party the Contract or any

part thereof, or any right, benefit, obligation, or interest therein or thereunder, except that the

Contractor shall be entitled to assign either absolutely or by way of charge any money due and

payable to it or that may become due and payable to it under the Contract.

34.0 TEST SERVICE PERIOD

As soon as the works or part thereof has passed the Commissioning Tests, the Engineer-in-charge

shall issue a Completion Certificate to the Contractor to that effect with copy to the Owner.

The Completion Certificate shall indicate any outstanding works and/or minor unattended defects

of the works which shall be rectified by the Contractor.

The Test Service Period shall commence immediately after the Completion Certificate has been

issued. Tests shall be carried out in accordance with the specifications and as requested by the

Owner under the sole responsibility of the Contractor.

The duration of the Test Service Period shall be 35 days.

After successful completion of the Test Service Period, the Engineer-in-charge shall issue a

Taking-Over Certificate to the Contractor with copy to the Owner.

The Owner and /or Engineer-in-charge reserve the right to delay the issuance of Taking-Over

Certificate until such time he is satisfied that defects enlisted in the Test Certificate and other

defects, if any, during the Test Service Period are rectified.

37

SECTION-IV

Forms & Procedure (FP)

38

INDEX

FORMS AND PROCEDURE

1.Bid Forms

2. Attachments Including Security Forms

3. Price Schedule

4. Form of 'Notification of Award Contract' for supply of Plant and Equipment and their installation.

5. From of Contract Agreement.

6.Performance Security Forms.

7.Form of Completion Certificate. 8.Form of Operational Acceptance Certificate

39

BID FORM

Date-------------------------------------------

Bid Spec. No. –

Name of Contract-----------------------------------------------

To

Chief Engineer (Gen.),

HPSEBL, Sunder Nagar-175019 (HP).

Sir,

1.0 With reference to the Bid Documents forwarded to us vide your letter no-------------------- dated --

------------, we the undersigned, having examined the Bid Documents, including Addenda Nos.,

(Insert numbers------------------), the receipt of which is hereby acknowledged, offer to execute the

work under the above named Contract in full conformity with the said Bid Documents for the

sum of:

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

(Amount in 'Words)

------------------------------------------------------- (----------------------------------------------)

(Amount in Figures)

or such other sums as may be determined in accordance with the terms and conditions of the

Contract.

2.0 Attachments to the Bid Form: In line with the requirement of the Bid Documents, we enclose herewith the following

Attachments to the Bid Form:

a) Attachment 1: Bid Security in the form of ----------------------------------(Please fill in the

alternative chosen) for a sum of -------------------------------------------(Name of currency

and amounts in words & figures) valid for a period of six (6) calendar months from the

date set for opening of Bids.

b) Attachment 2: A power of attorney duly authorised by a Notary Public indicating that the

person signing the Bid have the authority to sign the Bid and that the Bid is binding upon

us during the full period of its validity in accordance with the ITB Clause 13.0.

c) Attachment 3: The documentary evidence establishing in accordance with ITB Clause 3.0

that we are eligible to Bid.

d) Attachment 4: List of tools and tackles which we propose to bring to site in case the

contract is awarded to us.

e) Attachment 5: The mile stone schedule showing the timing and sequence of all key

activities necessary for successful completion of the contract is enclosed.

40

f) Attachment 6: The variation and deviations from the requirements of the conditions of

contract and commercial conditions in your format enclosed with the Bid Documents,

indicating, inter alia, the cost of withdrawal of the variation and deviations indicated

therein.

g) Attachment 6A: The variation and deviations from the requirements of provisions of

Technical specifications and Drawings in your format enclosed with the bid documents,

indicating, inter alia, the cost of withdrawal of the variation and deviations indicated

therein.

3.0 PRICE SCHEDULES: 3.1 In line with the requirements of the Bid Documents, we enclose herewith the following Price

Schedules, duly filled-in as per your proforma:

Schedule No.1 Plant and Equipment (including Mandatory

Spare Parts)

Schedule No.2 Transportation including Insurance.

Schedule No.3 Installation Services

Schedule No.4 Grand Summary (Schedules Nos. 1 to 3)

Schedule No.5 Recommended Spare Parts.

Schedule No.6 Taxes and Duties. (Not included in Bid Price)

Any other Schedules, if required, shall be added here.

3.2 We are aware that the Price Schedules do not generally give a full description of the work to be

performed under each item and we shall be deemed to have visited the sites of work and read

other Bid Documents to ascertain the full scope of work included in each item while filling-in the

rates and prices. We agree that the entered rates and prices shall be deemed to include for the full

scope as aforesaid, including overheads and profit.

3.3 We declare that as specified in the Conditions of Contract, prices quoted by us in the Price

Schedules are Firm.

3.4 We understand that in the price schedule, where there are errors between the total of the amounts

given under the column for the Price Breakdown and the amount given under the Total Price, the

former shall prevail and the latter will be corrected accordingly. We further understand that

where there are discrepancies between amounts stated in figures and amounts stated in words, the

amount stated in words shall prevail. Similarly, any discrepancy in the total bid price and that of

the summation of Schedule prices (price indicated in a Schedule indicating the total of that

schedule,) the total bid price shall be corrected to reflect the actual summation of the Schedule

prices.

3.5 We declare that items left blank in the Schedules will be deemed to have been included in other

items, The TOTAL for each Schedule shall be deemed to be the total price for executing the

41

works and sections thereof in complete accordance with the Contract, whether or not each

individual item has been priced.

4.0 We confirm that we shall also get registered with the concerned Sales Tax Authorities, in the state

where the Project is located.

5.0 We have read the provisions of following clause and confirm that the specified stipulations of

these clauses are acceptable to us:

a) GCC 5.0 Governing Law

b) GCC 6.0 Arbitration

c) GCC 12.0 Terms of payment

d) GCC 13.0 Performance Security

e) GCC 14.0 Taxes and Duties

f) GCC 23.0 Completion Time Guarantee

g) GCC 24.0 Defect Liability

6.0 We undertake, if our Bid is accepted, to commence the work on Facilities immediately upon your

Notification of Award to us, and to achieve completion within the time stated in the Bid

Documents.

7.0 We agree to abide by this Bid for a period of 180 days from the date fixed for submission of Bids

as stipulated in the Bid Documents, and it shall remain binding upon us and may be accepted by

you at any time before the expiration of that period.

8.0 Until a formal Contact is prepared and executed between us, this Bid, together with your written

acceptance thereof in the form of your Notifications of Award shall constitute a contract between

us.

9.0 We understand that you are not bound to accept the lowest or any Bid you may receive.

10.0 We, hereby, declare that only the persons or firms interested in this proposal as principals are

named here and that no other persons or firms other than those mentioned herein have any interest

in this proposal or in the Contract to be entered into, if the award is made on us, that this proposal

is made without any connection with any other person, firm or party likewise submitting a

proposal is in all respects for and in good faith, without collusion or fraud.

Dated this-----------------------day of -----------------------------------

Thanking you, we remain,

Yours faithfully,

(Signature)

(Printed Name)

(Designation)

(Common Seal)

Date :

Place :

Business Address :

Note: For the Attachments 2,3 & 5 Bidders may use their own proforma for furnishing the required

information with the Bid.

42

ATTACHMENT- 1

PROFORMA OF BANK GUARANTEE FOR BID SECURITY

(To be stamped in accordance with Stamp Act)

To

The Accounts Officer,

O/O the Chief Engineer (Generation),

HPSEB Ltd., Sunder Nagar,Distt. Mandi H.P. – 175 019.

WHERAS, (Name of Bidder) ---------------------------------------------(hereinafter called "the Bidder") has

submitted his Bid dated-------------------for (Name of Contract)-------------------------(hereinafter called

"the Bid").

KNOW ALL MEN BY these presents that we (Name of Bank)-----------------------------------------------

having our registered office at (address)------------------------------------------------(hereinafter called " the

Bank" are bound unto HPSEBL in the sum of Rs. ---------------------------------------for which payment

will and truly to be made to the HPSEBL the Bank binds himself, his successors and assigns by these

presents.

SEALED with the Common Seal of the said Bank this------------------------day of-----------------------2012.

THE CONDITIONS of this obligation are:

1. If the Bidder withdraws his Bid during the period of Bid validity specified in the Proforma of

Bid; or

2. If the Bidder having been notified of the acceptance of his Bid by the HPSEBL during the period

of Bid validity:

a) fails or refuses to execute the Contract Agreement, when required; or

b) fails or refuses to furnish the performance security, in accordance with the Bid

Documents.

We undertake to pay to the HPSEBL upto the above amount upon receipt of its first written demand

without the HPSEBL having to substantiate its demand, provided that in its demand the HPSEBL will

note that the amount claimed by it is due to it owing to the occurrence of one or both of the two

conditions, specifying the occurred condition or conditions.

This Guarantee will remain in force upto and including the date ---------- (ninety (90) days after the period

of Bid validity) and any demand in respect thereof should reach the Bank not later than the above date.

DATE--------------------- --------------------------- For and on behalf of the Bank.

(Signature)

in the capacity of

(Common Seal of Bank)

43

ATTACHMENT-4

(Name of the Project)

(List of Erection and Maintenance Tools & Tackles)

(Bidder's Name & Address):

To

Chief Engineer (Gen.),

HPSEBL, Sunder Nagar-175019 (HP)

Sir,

We are furnishing below the list of erection and commissioning instruments which we intend to bring to

site for executing the work detailed in the schedule of work & prices. These tools & tackles shall be taken

back after issue of operational acceptance certificate to us.

Sr. No. Description of tools & instruments Quantity Remarks

1.

2.

3.

4.

5.

6.

7.

8.

9.

10.

Notwithstanding what is stated above we further confirm that any additional erection and maintenance

tools and tackles, required for the completion of the works mentioned in the Bid documents shall be

arranged/brought to site by us at no extra cost to the Owner.

Date: ----------------------- (Signature)-------------------

Place:---------------------- (Printed Name)-------------

(Designation)----------------

(Common Seal)-------------

44

ATTACHMENT-6

(Name of the Project)

Cost of withdrawal of deviation from the requirement of the Commercial terms and conditions. (To be furnished by the Bidders)

(Bidder's Name & Address):

To:---------------------------------------------------

(Name of the Owner)

Dear Sir,

Following are the deviations from the requirement of the commercial terms and conditions.

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

Sr. no. Clause no. Deviation. Cost of withdrawal (Rs.)

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

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

Yours faithfully,

Date: ------------------------- (Signature)---------------------------

Place: ------------------------- (Printed Name)----------------------

(Designation)------------------------

(Common Seal)----------------------

Note: - Bidders may note that the bids containing the deviations without the cost of withdrawal

shall be rejected.

45

ATTECHMENT -6A

(Name of the Project)

Cost of withdrawal of deviations from the requirement of the Technical specifications.

(Bidder's Name & Address)

To:--------------------------------------------------

(Owner's Name & Address)

Dear Sir,

Following are the deviation from the requirement of the Technical Specification, Drawings etc.

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

Sr. no. Clause no. Deviation. Cost of withdrawal (Rs.)

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

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

Yours faithfully,

Date: ------------------------- (Signature)---------------------------

Place: ------------------------- (Printed Name)----------------------

(Designation)------------------------

(Common Seal)----------------------

Note: Bidders may note that bids containing deviations without the cost of withdrawal shall be rejected.

46

Price Schedules

47

Schedule No. - 1.

Plant, Equipment and Mandatory Spare Parts Name of Work: - Providing, installation & commissioning of Log Boom (Aquatic & Debris

Control Barriers) at Barrage site of (3 x 42 MW) Larji Power House.

Bidder’s Name and Address :-

Sr.

No. Description of item Qty. Unit

EXW.

Unit

price in

(Rs.)

EXW.

Amount in

Figures

(Rs.)

EXW. Amount in

Words (Rs.)

Providing Log Boom (Aquatic & Debris

Control Barriers) at Barrage site of (3 x

42 MW) Larji Power House as per

technical specification:

a) Trash Rack Barrier: i) Tuffboom

ii) CON-A

iii) SCREEN-24”

iv) Deflector Plate and Hardware

v) Wire rope under barrier for complete

length

60

60

60

60

1

PCS.

PCS.

PCS.

PCS.

Lot

Job.

b) Dam Face Riser:

i) Riser Assembly (Floating Sliding

Collars)

ii) Dam Face Slide Beam and Hardware

A. 12” wide flange Beam 72 lbs/foot

including matching base pivot plates

0.56m sq. x 50mm thick beams have

companion flanges to match assembly.

B. 25.4 mm dia anchor bolts/ Hilti HIY-

150 adhesive

2

Set

1

Shore to Boom connection hardware 1 Set

2

Mandatory Spare 1 Lot

Above quantities are minimum and contractor shall provide all the required material/ quantity weather

mentioned above or not, to complete the job as per technical specifications without any extra financial

implication to HPSEBL.

1. Capability:- To withstand water fluctuation of 14.5 Meter ( i.e. from E.L.955.00 to 969.5 m) in

a flow range of 1 to 1.5 m/sec. in 65 m length.

2. The necessary arrangement of a provision for pulling out of the complete barrier from the

Barrage water at the time of flood be made when the Barrage gate are opened to discharge the

water so as to avoid any damages or washing out of the Dam Barrier.

Name of Bidder:-------------------------------------

Signature of Bidder:------------------------------

48

Schedule 2. Transportation and Insurance

Unit Price (Rs.)

Item

Description

Unit

Qty.

(1)

Transportation &

Insurance

(2)

Total Price (Rs.)

(1x2)

1 Transportation

2. Insurance

Total (to Schedule 4. Grand Summary)

Name of Bidder:------------------------

Signature of Bidder:-------------------

49

Schedule 3. Installation Services

Unit Price (Rs.)

Total Price

(Rs.)

Item

Description.

Unit.

Qty.

(1)

(2)

(1x2)

Total (to Schedule 4. Grand Summary)

Name of Bidder:------------------------------

Signature of Bidder:-------------------------

50

Schedule 4. Grand Summary

Item Description Total Price (Rs.)

1.

Total Schedule 1: Plant, equipment and mandatory spare

parts.

2.

Total Schedule 2: Transportation & insurance

3.

Total Schedule 3: Installation services

GRAND TOTAL (to Bid form)

Name of Bidder:------------------------------

Signature of Bidder:-------------------------

51

Schedule 5. Recommended Spare Parts

Item Description Unit Qty.

(1)

Unit Price

EXW (Rs.)

(2)

Total price

(Rs.)

(1x2)

(3)

Transportation including

Insurance.

(4)

Total

Name of Bidder:--------------------

Signature of Bidder:---------------

52

Schedule No. - 6.

Taxes and Duties

Item

Description of

Taxes / duties/

levies etc.

Rate of Taxes/

duties/ levies

application

Amount on which

Taxes / duties / levies

applicable

Taxes duties/ levies

payable in Rupees.

1 2 3 4 5

Total

Name of Bidder:-------------------------------------

Signature of Bidder:------------------------------

53

4. FORM OF 'NOTIFICATION OF AWARD OF CONTRACT'

NOTE: INSTRUCTIONS INDICATED IN ITALICS IN THIS NOTIFICATION OF

AWARD ARE TO BE TAKEN CARE OF BY THE ISSUING AUTHORITY.

Ref. No.:

Date:

-------------- (Contractor's Name & Address)-----------------------

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

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

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

Attn: Mr.-----------------------

Sub: Notification of Award of Contract.

Dear Sir,

1.0 This has reference to the following:

i) Bid Documents issued to you vide our letter no.------------------------------------- dated ---

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

ii) Clarifications furnished to you on the Bid Documents vide our letter no.-----------------

dated------------------------

iii) Your Proposal for the subject package submitted vide your letter no.-------------------------

dated-------------------.

iv) Our Fax message/letter no.-------------------------------dated--------------------------------

regarding extension of validity of Bid and that of the Bank Guarantee towards Bid

Security.

(Applicable only if any extension has been sought subsequently)

v) Post Bid discussions and meetings we had with you from ----------------to -------

vi) Clarification/ Confirmation furnished by you vide your letter No.------------------------

dated ------------------------.

2.0 We confirm having accepted your proposal submitted vide letter no.-----------------------------

dated --------------------------- read in conjunction with all the specifications, terms & conditions of

the Bid Documents and your subsequent letters (Use if relevant) referred to in para 1.0 above

and award on you the contract for the work of ------------------------------------------(Indicate brief

Scope of Work)---------------------------------------------------------------------------- for (Name of

project).------------------------------------------ as per Bid Documents No .-------------------

(hereinafter referred to as the ‘Contract') .

54

3.0 The total Contract Price for the entire scope of work under the Contract shall be

-----------------(Specify the amount)--------- as per the following break up:

i) Ex-manufacturing works/place -----------------------------------------

of despatch price for main Equipment

& mandatory spare

ii) Transportation and Insurance -----------------------------------------

iii) Unloading and handling at site, -----------------------------------------

installation, testing and

commissioning including performance

testing.

TOTAL (i+ii+iii) -----------------------------------------

(--------------------------(Specify the total amount in words)--------------------------------)

4.0 You shall prepare and finalise the Contract Documents for signing of the formal Contract and

shall enter into the Contract Agreement with us, as per the proforma enclosed with the Bid

Documents, on non-judicial stamp paper of appropriate value within 15 days from the date of this

Notification of Award.

5.0 This Notification of Award is being issued to you in duplicate. We request to return its duplicate

copy duly signed and stamped on each page including all the enclosed Appendices, by the

authorised signatory of your company as a proof of your acknowledgement and confirmation.

Please take the necessary action to commence the work and confirm action.

Yours faithfully,

For and on behalf of

---------(Name of the Owner)-------------

Encl.: As above.

(Authorised Signatory)

55

5. Form of Contract Deed

THIS CONTRACT is made the ----------------------day of -------------------------2012

BETWEEN

(1) Himachal Pradesh State Electricity Board, a body corporate, incorporated under section 5 of Electricity

(Supply) Act, 1948 (54 of 1948)] and having its principal place of business at Vidyut Bhawan Shimla

171001 (H.P) India (hereinafter called "the Owner"), and (2) [Name of Contractor], having its principal

place of business at [address of Contractor] (hereinafter called "the Contractor").

WHEREAS the Owner desires to engage the Contractor for execution of the work of design,

Engineering, Fabrication, supply, transportation, insurance, installation, erection, commissioning

& testing of all related structural Civil/anchoring work regarding the installation of Aquatic &

Debris Control Barriers at the Dam intake area of Larji HEP Distt. Mandi, Himachal Pradesh. and

the Contractor have agreed to such engagement upon and subject to the terms and conditions hereinafter

appearing.

NOW IT IS HEREBY AGREED as follows: -

Article 1. Contract 1.1 Contract Documents (Reference GCC Clause 2.0)

Document The following document shall constitute the Contract between the

Owner and the Contractor, and each shall be read and construed

as an integral part of the Contract:

a) This Contract Agreement and the Appendices hereto.

b) Notification of Award.

c) Forms & Procedures (as listed).

d) Technical Specifications.

e) General Conditions of Contract.

f) Information for Bidders.

g) The Bid and Price Schedule submitted by the Contractor.

1.2 Order of Precedence

In the event of any ambiguity or conflict between the Contract

Documents listed above, the order of precedence shall be the

order in which the Contract Documents are listed in Article 1.1

(Contract Documents) above.

1.3 Definitions (Reference GCC Clause 1.0)

Capitalised words and phrases used herein shall have the same

meanings as are ascribed to them in the General Conditions of

Contract.

Article 2. Contract 2.1 Contract Price (Reference GCC Clause 11.0)

Price and The Owner hereby agrees to pay to the Contractor the

Terms of Contract Price in consideration of the performance by the

Payment Contract of its obligations hereunder. The Contract Price shall be

the aggregate of: [amount in words], [amount in figures], or such

56

other sums as may be determined in accordance with the terms

and conditions of the Contract,

2.2 Terms of Payment (Reference GCC Clause 12.0)

The terms and procedures of payment according to which the

Owner will reimburse the Contractor are given in Appendix 1

(Terms and Procedures of Payment hereto).

Article 3: Effective 3.1 Effective Date (Reference GCC Clause 1.0)

Date for The Time of Completion of the works shall be

Determining determined from the date of Notification of Award

Time for

Completion

Article 4. (This is applicable It is expressly understood and agreed by and between the

only if the Owner is Contractor and the Owner that the Owner is entering into

a Public Sector this Contract solely on its own behalf and not on behalf of

Enterprises) any other person or entity. In particular it is expressly understood

and agreed that the Government of Himachal Pradesh and

Government of India is not a party to this Agreement and has no

liabilities, obligations or rights hereunder .It is expressly

understood and agreed that the Owner is an independent legal

entity with power and authority to enter into contracts solely on

its own behalf under the applicable laws of India and the general

principles of Contract Law. The Contractor expressly agrees,

acknowledges and understands that the Owner is not an Agent,

Representative or Delegate of the Government of Himachal

Pradesh/ Government of India. It is further understood and agreed

that the Government of Himachal Pradesh/ Government of India

is not and shall not be liable for any acts, omission, and

commissions, breaches or other wrongs arising out of the

Contract. Accordingly, the Contractor expressly waives, releases

and foregoes any and all actions or claims, including cross claims,

or counter claims against the Government of Himachal Pradesh/

Government of India arising out of this Contract and covenants

not to sue the Government of Himachal Pradesh/ Government of

India as to any manner, claim, cause of action or thing whatsoever

arising of or under this Agreement.

Article 5. Appendices The Appendices listed in the attached list of Appendices shall be

deemed to form an integral part of this Contract Agreement.

Reference in the Contract to any Appendix shall mean the

Appendices attached hereto, and the Contract shall be read and

construed accordingly.

IN WITNESS WHEREOF of the Owner and the Contractor have caused this Agreement to be duly

executed by their duly authorised representatives the day and year first above written.

Signed by for and on behalf of the Owner

57

____________________________________________________

[Signature]

____________________________________________________

[Title]

in the presence of ______________________________________

Signed by for and on behalf of the Contractor

_________________________________________________________________

[Signature]

__________________________________________________________________

[Title]

in the presence of ____________________________________________________

CONTRACT AGREEMENT

Dated the______________________ day of ________________________ ____________

BETWEEN

____________________________________________________________________________

["the Owner"]

and

____________________________________________________________________________

____________________________________________________________________________

["the Contractor"]

APPENDICES

Appendix 1 Terms and Procedures of Payment

Appendix 2 Price Adjustment

Appendix 3 Insurance Requirements.

Appendix 4 Time Schedule/Programme of Performance.

Sample Forms of Appendices 1 & 3 are provided herein.

58

Appendix - 1.

Terms and Procedures of Payment

1.0 In accordance with the provisions of GCC Clause 12.0 (Terms of Payment), the Owner shall pay

the Contractor in the following manner and at the following times, on the basis of the Price

Break-up given in the Price Schedules No. – 1 & 2.

2.0 TERMS OF PAYMENT

2.1 Ninety percent (90%) of the measured value of work performed by the Contractor, as identified in

the said Program of Performance, during the preceding month, as evidenced by the Owner's

authorization of the Contractor's application along with full taxes will be made within forty five

(45) days after receipt of bill and successful commissioning of Log Boom by the Owner/

HPSEBL.

2.2 Balance ten percent (10%) of the total value of work performed by the Contractor, upon issue of

the Operational Acceptance Certificate, within forty five (45) days after receipt of invoice.

3.0 Taxes & Duties

3.1 All taxes, duties and levies including sales tax on works Contract, as applicable on the materials

used for such erection portion of the Contract shall be to the Contractor’s account and no separate

claim in this regard will be entertained by the Owner.

3.2 The Service tax and education cess on service tax shall be paid by the Owner to the Contractor at

the rates prevailing at that time against documentary evidence given by the Contractor of his

having the Service Tax number.

3.3 As regards the Indian income tax, surcharge on income tax and any other corporate tax, the

Owner shall not bear any tax liability whatsoever. The Contractor shall be liable and responsible

for payment of such tax, if attracted under the provisions of the law present or future and Owner

will make deductions at source as applicable and issue TDS certificates to the Contractor.

4.0 PAYMENT PROCEDURES

The procedures to be followed in applying for certification and making payments shall be as

follows:

4.1 All payments shall be made in line with the Schedule Nos. -1& 2.

4.2 Upon completion of the particular activity, the Owner’s Site In-charge and the Contractor’s

Representative shall jointly sign a completion protocol giving the details of the activity carried

out with the start & finish dates.

4.3 The Contractor shall raise the invoice for the activity completed and submit copies of the

completion protocol to substantiate his claim.

4.4 Five sets of invoices shall be sent to the Resident Engineer, Larji Power House Division,

H.P.S.E.B.L, Thalout, Distt. Mandi H.P.

4.5 The invoices should be accompanied by a statement showing the detail of invoices alongwith

their claimed amount already sent release of payment.

59

Appendix-2. Price Adjustment

The Prices are:-

“FIXED & FIRM”

No Price Variation claim (PVC) is allowed.

60

Appendix - 3.

Insurance Requirements

Insurances to be taken out by the Contractor

In accordance with the provisions of GCC Clause 26.0, the Contractor shall at its expense take out and

maintain in effect, during the performance of the Contract, the insurances set forth below in the sums and

with the deductibles and other conditions specified. The identity of the insurers and the form of the

policies shall be subject to the approval of the Owner, such approval not to be unreasonably withheld.

a) Third Party Liability Insurance

Covering bodily injury or death suffered by third parties (including the Owner's personnel) and

loss of or damage to property (including the Owner property and any parts of the facilities that

have been accepted by the Owner) occurring in connection with the supply and installation of the

facilities.

Amount Deductible limits Parties insured From To

b) Worker's Compensation

In accordance with the statutory requirements applicable where the facilities or any part thereof is

executed.

61

Appendix-4. Completion Time Period

The plant and equipment covered by the bid shall be supplied within 150 days from

the date of LOI. The commissioning of the plant and equipment shall be completed

within two months reckoned from the date of site is made available to the

contractor by HPSEBL. The necessary Programme of performance to achieve the

commissioning within two months reckoned from the date of site is made available

to the contractor by HPSEBL to be submitted by the contractor.

62

Appendix 5. List of Approved Sub-contractors

Prior to award of Contract, the following details shall be completed, indicating those

Subcontractors proposed by the Bidder in the corresponding Attachment to its bid that are

approved by the Owner for engagement by the Contractor during he performance of the Contract.

The following Subcontractors are approved for carrying out the item of the facilities indicated.

Where more than one Subcontractor is listed, the Contractor is free to choose between them, but it

must notify the Owner of its choice in good time prior to appointing any selected Subcontractors.

No Subcontractors shall be placed with any such Subcontractors for additional items until the

Subcontractor have been approved in writing by the Owner and their names have been added to

this list of Approved Subcontractors.

Item of Facilities Approved Subcontractors Address

63

6. Performance Security Forms

Performance Bank Guarantee (To be stamped in accordance with Stamp Act )

Bank Guarantee No……………………

Date………………………….

To

[Owner's name & Address]

Dear Sir,

In consideration of the ………….[Owner's Name]………..(hereinafter referred to as the 'Owner which

expression shall unless repugnant to the context or meaning thereof, include its successors, administrators

and assigns) having awarded to M/s……..[Contractor's Name}…………with its Registered/Head Office

at………..(hereinafter referred to as the Contractor, which expression shall unless repugnant to the

context or meaning thereof, include its successors administrators, executors and assigns), a Contract by

issue of Owner's Notification of Award No ……………dated ……….and the same having been

unequivocally accepted by the contractor, resulting into a Contract bearing No………

dated……….valued at------------- for …… and the contractor having agreed to provide a Contractor

Performance Guarantee for the faithful performance of the entire Contract equivalent to

………(*)………….%…….(…….percent) of the said value of the Contract to the Owner.

We……..[Name & Address of the Bank]…………..having its Head Office at ……..(hereinafter referred

to as the 'Bank', which expression shall, unless repugnant to the context of meaning thereof, include its

successors, administrators, executors and assigns) do hereby guarantee and undertake to pay the Owner,

on demand any and all monies payable by the Contractor to the extent of ………………

(*)……………………… as aforesaid at any time upto ……….. (@)…………………[days/month/year]

without any demur, reservation, contest, recourse or protest and/or without any reference to the

Contractor. Any such demand made by the Owner on the Bank shall be conclusive and binding

notwithstanding any difference between the Owner and the Contractor or any dispute pending before any

Court, Tribunal, Arbitrator or any other authority. The Bank undertakes not to revoke this guarantee

during its currency without previous consent to the Owner and further agrees that the guarantees herein

contained shall continue to be enforceable till the Owner discharges this guarantee.

The owner shall have the fullest liberty, without affecting in any way the liability of the Bank under this

guarantee, from time to time extend the time for performance of the Contract by the Contractor. The

Owner shall have the fullest liberty, without affecting this guarantee, to postpone from time to time the

exercise of any powers vested in them or of any right which they might have against the Contractor, and

to exercise the same at any time in any manner, and either to enforce or to forbear to enforce any

covenants, contained or implied, in the Contract between the Owner and the Contractor or any other

course or remedy or security available to the Owner. The bank shall not be released of its obligations

under these presents by any exercise by the Owner of its liberty with reference to the matters aforesaid or

any of them or by reason of any other act or forbearance or other acts of omission or commission on the

part of the Owner or any other indulgence shown by the Owner or by any other matter or thing

whatsoever which under law would, but for this provision have the effect of relieving the Bank.

The bank also agrees that the Owner at its option shall be entitled to enforce this Guarantee against the

bank as a principle debtor, in the first instance without proceeding against contractor and notwithstanding

any security or other guarantee the Owner may have in relation to the Contractor's liabilities.

64

Notwithstanding anything contained herein above our liability under this guarantee is restricted to

………………(*) …………….. and it shall remain in force upto and including ………….

@………………… and shall be extended from time to time for such period (not exceeding one year), as

may be desired by M/s……………[Contractor's Name]………….on whose behalf this guarantee has

been given.

Dated this ………………………..day of ………………2012………..at………………………..

WITNESS

……………………………… (Signature)…………………...

(Signature)

……………………………… (Name)………………………..

(Name) ………………………………...

……………………………….. (Designation with Bank Stamp).

…………………………………

(Official Address) ………………………………...

Attorney as per Power of

Attorney No…………………..

Dated…………………………

Notes: 1. (*) This sum shall be ten percent (10%) of the Contract Price.

@ This date will be ninety (90) days beyond the Defects liability period as specified

in the Contract.

2. The stamp papers of appropriate value shall be purchased in the name of guarantee

issuing Bank.

65

7. Form of Completion Certificate

Date: --------------------------------------

Contract No: ----------------------------------

[Name of Contract]

To: [Name and address of Contractor]

Dear Sir,

Pursuant to GCC Clause 21 (Completion of the Facilities) of the General Conditions of the Contract

entered into between yourselves and the Owner dated [date], relating to the [brief description of the

facilities], we hereby notify you that the following parts(s) of the Facilities was (were) complete on the

date specified below, and that, in accordance with the terms of the Contract, the Owner hereby takes

over the said part(s) of the Facilities on the date mentioned below.

1. Description of the Facilities or part thereof: [description]

2. Date of Completion: [date]

However, you are required to complete the outstanding items listed in the attachment hereto as soon as

practicable.

This letter does not relieve you of your obligation to complete the execution of the Facilities including

Guarantee Test(s) in accordance with the Contract nor of your obligations during the Defects Liability

Period.

Very truly yours,

Title

(Engineer- in-charge)

66

8. Form of Operational Acceptance Certificate

Date:_____________________________

Bid Spec. No: ___________________________

[Name of Contract]

To: [Name and address of Contractor]

Dear Sir,

Pursuant to GCC Sub- Clause 22.2 (Operational Acceptance) of the General Conditions of the Contract

entered into between yourselves and the Owner dated [date], relating to the [brief description of the

Works], we hereby notify you that the tests of the following parts(s) of the works were satisfactorily

carried out on the dates specified below and the works are hereby taken over by the Owner on the dates

specified.

1. Description of the Facilities or part thereof: [description]

2. Date of Operational Acceptance: [date]

This letter does not relieve you of your obligation to during the Defects Liability Period.

Very truly yours,

Title

(Engineer-in-charge)

67

SECTION-V

Technical Specifications

68

INDEX

TECHNICAL SPECIFICATIONS

TABLE OF CONTENTS

CLAUSE NO. PARTICULARS PAGE NO

1.0 Scope of Work 69

2.0 Technical Specification 69

3.0 Design Calculations 71

4.0 Product Presentation 71

5.0 Design Considerations 71

6.0 Interchangeability 72

7.0 Life Expectancy 72

8.0 Routine Maintenance/Replacement of worn

out parts/requirement of spares 72

9.0 Completeness of Contract 72

10.0 Approval of Drawings & Instruction Manual 72

11.0 Contractual Instruction Booklet, Erection &

Maintenance Manuals & Drawings 72

12.0 Marking of parts 73

13.0 Name Plates 73

14.0 Delivery period 73

15.0 Inspection and Testing 73

16.0 Packing & Dispatch 73

17.0 Training of Engineers 74

69

TECHNICAL SPECIFICATIONS 1. Scope of Work:-

HPSEB Ltd. intends to install Aquatic & Debris Control Barriers for its Larji dam on the

river Beas, Dist-Mandi, H.P. A lot of debris comes at the Larji dam and reaches the power

house resulting damage to the turbine and generation loss. HPSEBL envisage that by installing

debris & Log Barriers, the debris and wooden logs will be stopped/diverted before intake of the

power houses.

The scope of work of this Bid includes design, Engineering, Fabrication, supply, transportation,

insurance, installation, erection, commissioning & testing of all related structural

Civil/anchoring work regarding the installation of Aquatic & Debris Control Barriers at the

Dam intake area of Larji HEP, for diverting the Debris/Trash as per following technical

specifications and consideration:-

2. Technical Specification: -

Aquatic & Debris Control Barriers shall consist of an external encasement (A), Internal

foam fill (B) and Internal structural steel channel (C) through which all external hardware

connections are attached. Each aquatic barrier shall be cylindrical in shape and shall include

recessed longitudinal ribbing to provide impact strength and load resistance. The nominal

diameter of barriers shall be 40 to 50cm. Each aquatic barrier may be 300 to 350 cm in length

along with zero gap deflector plate. When two aquatic barriers are connected together, the

length from the center of one unit to the center of the second unit shall be within 115% of the

length of the barrier. The average total dry weight of each aquatic barrier with the bottom steel

connector plate may be between 60 to 70 Kgs. Each aquatic barrier shall be designed to

maintain its original buoyancy when supplied with underwater screen attachments. This

buoyancy shall not be reduced even if the aquatic barrier is structurally damaged or punctured.

Encasement “A”. shall be made from materials suitable for long term immersion in water and

not be subject to corrosion or delamination. The encasement material shall be UV-stabilized for

long term environmental exposure, rotationally molded using rotationally molding grade linear

low density polyethylene or linear medium grade polyethylene and have nominal wall thickness

of 5 to 6 mm. The encasement color shall be international safety orange unless alternate colors

are requested.

Internal “B”. Polystyrene shall meet the requirements of ASTM C-578 and shall have a

minimum in-place density of 0.9 pounds per cubic foot and a maximum in-place density of 1.2

pounds per cubic foot. Water absorption of polystyrene shall not exceed 3% by volume as

tested per ASTM C-272. Polystyrene shall be unable to support combustion without an external

heat source. Polystyrene fill shall take up a minimum of 95% of the interior volume of the

aquatic barrier. Under no circumstances will the percentage of foam fill be less than 90% of the

interior volume of the aquatic barrier. The buoyancy of the aquatic barrier will not be reduced

as long as the foam remains in place.

70

Internal Structural Steel Channel “C”. Each aquatic barrier must be fabricated to include an

internal structural steel channel according to ASTMA572-Grade 50 structural steel, with a

approximately 304mm external channel width and a minimum ultimate tensile strength of

approximately 25,856 PSI. The weight of each channel shall not be less than 7.55 Kgs per

meter. The structural channel shall be located such that it is on the interior of each aquatic

barrier, centered across the width and positioned on the bottom interior surface to provide anti-

rolling features. Each channel must be positively secured in place Structural steel bolts and a

heavy wall external flat plate. Materials that are molded in place or through wall mold-in

channels or plates are not permitted due to the different thermal properties of steel and

polyethylene and the resulting risk of physical separation of material in the field. All load

bearing connections between aquatic barrier units shall de designed such that the load is

distributed through this channel.

Slider Arrangement on Dam Face:

The contractor shall design and provide two numbers slider arrangement for anchoring the

barrier on dam face (downstream side) one number slider arrangement shall be provided at the

left of spill way gate and other at the right of spill way gate so that the barrier can adjust as per

dam level and also the slider arrangement shall have provision of locking the barrier and

suspending the barrier in air during dam flushing.

Connection Hardware between units:

All connecting hardware between aquatic barriers shall consist of bottom steel connector plates

(item “X”), load-rated galvanized safety shackles (item “Y”) and load-rated galvanized

Weldless links (item “Z”) as per following specifications:

Item “X”. Bottom steel connector plates shall be fabricated from 16 MM thick x 75 MM wide

steel plate, ASTM A572, Grade 50. Each bottom plate shall be free of burrs and hot-dipped

galvanized for corrosion resistance. Each bottom connector plate shall be affixed to the internal

steel channel of the aquatic barrier using A325 structural steel bolts, nuts and washers. Bottom

plates shall be factory assembled to the barrier units prior to shipment.

Item “Y”. Connection shackles shall have a minimum pin diameter of 19 MM , be of a safety

type with heavy duty castle nut, be hot-dipped galvanized for corrosion resistance and have a

WLL (working load limit) of not less than 4-3/4 tons. The WLL rating shall be clearly

identified on the body of each shackle. The minimum average tensile breaking strength of each

shackle shall be 27240 PSI and be certified to be proof tested to 25878 PSI working capacity.

Manufacturer is responsible for providing testing certificate attesting to load capability of

connectors. Each shackle shall be supplied with a suitable straight cotter pin to prevent the

safety bolt from coming loose.

Item “Z”. Weldless links shall be 19MM, be hot dipped galvanized for corrosion resistance and

have a WLL (working load limit) of not less than 4-3/4 tons. The WLL rating shall be clearly

identified on the body of each shackle.

71

Deflector Plates:-

Each barrier unit shall include profile plates to be attached to one end of each unit for the

purpose of restricting the passage of smaller debris between booms. Deflector plates shall

include a 3 point method of affixing to each barrier unit and shall be capable of moving

independently of the adjoining barrier.

Colour:-

The colour of barriers should be internation safety orange.

Debris Screens:-

330 Cm long, 60 Cm depth & 19 MM diamond mesh screens should be compatible & suitable

as per barrier design requirement connections for the barrier & screen. Material: ASTM A36

grade steel

Finish: HDG after construction Barrier units should be able to support the weight of submerged

debris screens. Debris screens should be rectangular shaped. Debris screens should be designed

to permit easy attachment to barrier units and all attachment must be connected to the internal

steel channel of the barrier. Debris screens shall be connected underwater via galvanized chain

Wire rope running straight to the barrier & screens double run. Suitable wire rope as per load

calculation, with load Certificate shall be supplied by the contractor.

3. Design Calculations:-

Basis of calculations for minimum load capacity Considered as proposed load in kg for

required length Line span against speed of water in the reservoir has to be submitted with

engineering calculation along with Offer. Bidder also has to furnish complete load engineering

Calculation on the barrier & transferred to both anchor along with Bid. If barrier will not

perform against the application as per design/calculation of the bidder then successful Bidder

has to re-design complete system on his risk & Cost with in the period of 6 months. HPSEBL

will not pay any extra cost in this regard, HPSEBL will check Successful operation of the

barrier time to time.

4. Product Presentation:-

Bidder has to demonstrate complete presentation about the product application on request after

submission of Bid regarding products advantages / disadvantages.

5. Design Considerations:-

5.1 The debris so collected shall accumulate at the upstream of the Debris control barrier

and shall be flushed through spill way gate or through radial gates during Dam flushing

as per suitability.

5.2 The anchoring of the debris collection barrier at the upstream side shall be ensured by

anchoring arrangement with the rock. The anchoring of the debris collection barrier at

72

the downstream side shall be ensured by anchoring arrangement with the face of the

Dam structure.

5.3 All the T&P consumables required for carrying out the erection, testing and

commissioning activity is covered in the scope of the supplier.

5.4 The sliders arrangement on both left and right pier of the spillway gate has been

proposed in view of the greater flexibility towards operational point of boom barrier i.e.

during high flow season spill way gates can be used for flushing of debris through them

with shoreline fixed on left side pier and during low flow season when spillway gates

does not have sufficient water for flushing of debris, the shoreline can be shifted to

right side pier and accumulated debris can be removed with alternative arrangement or

during silt flushing.

5.5 Direction of flow toward the intake is at 90 degree from the face of Dam.

5.6 The requirement of silt flushing is high during the high flow season of the river i.e. May

to August.

6. Interchangeability: - All parts shall be made accurately to standard gauge, wherever

possible, so as to facilitate replacement and spare parts shall be inter changeable.

7. Life Expectancy: -

The equipment must be maintainable for a period of at least 25 years.

8. Routine Maintenance/Replacement of worn out parts/requirement of spares:

The Contractor shall provide the manual regarding routine maintenance of the barriers and part

catalogue to order the spares.

9. Completeness of Contract: -

Any fittings, accessories or apparatus which may not have been specifically mentioned in the

specifications but which are usual or necessary in the equipment or for the efficient working of

the plant, shall be deemed to be included in the contract and shall be provided by the contractor

without extra charge. All plant and equipment shall be complete in all details, whether such

details are mentioned in the specifications or not. If required length of boom barriers at any

location is more than the Bid specifications, then the same shall be supplied by the bidder free

of cost.

10. Approval of Drawings & Instruction Manual:-

The contractor shall submit within one month of the order, three prints each of the following

drawings for approval to the Engineer of the contract:

i) General arrangement of the equipment.

ii) Detailed dimensional drawings and descriptive literature of the all equipment.

11. Contractual Instruction Booklet, Erection & Maintenance Manuals & Drawings etc:-

The contractor shall supply:

i) Four sets of all finally approved drawings to the office of the purchaser.

ii) One set of high quality plastic film reproducible of all drawings mentioned above capable of

producing clear legible prints to the office of the purchaser.

73

iii) Four sets of approved descriptive literature; instruction manual/erection manual to the office

of the purchaser.

iv) Soft copies of all drawings and manual etc.

12. Marking of parts: -

Each part shall be properly match-marked to ensure correct assembly and alignment of all parts

in the field.

13. Name Plates: -

Where required, the equipment shall have metal name plates fixed in a suitable position with

full particulars of the equipment engraved thereon, in English.

14. Delivery period: -

The material shall be supplied within 150 days from the date of receipt of LOI. Commissioning

period is two months from the date of site is made available to contractor by HPSEBL.

15. Inspection and Testing: -

Type test: Following test shall be carried out and Test certificates shall be furnished

accordingly.

(A) Chemical and Mechanical Test for material of major components.

(B) Pneumatic Pressure Test Report.

Witness of Tests:-

The purchaser or any other authorized representative shall have the right to witness all the tests

on the equipment at the contractor’s works or any other place of test. The contractor shall give

an inspection call (for each set of equipment) giving at least 15 days clear notice to witness the

test. The expenses of such test i.e boarding, lodging, and travel shall be born by the purchaser.

Site Test:-

The complete system shall be tested at site as explained in the scope of work. The purchaser

shall witness all the site tests and the contractor shall submit the results.

Test Certificates:-

The contractor shall submit four copies of the manufacturer’s test certificates to the purchaser

for approval.

16. Packing & Dispatch:-

The equipment shall be packed suitably and securely for transport to consignee’s stores by Rail

or by Road. The packing should be such as to make tempering from out side difficult and as per

any lawful act of Railway/Carriers. The contractor shall be responsible for all damages/losses

attributable to improper or inadequate packing. Special care shall be taken to provide protection

from moisture, termites, mechanical shock etc in case of parts, which are susceptible to

damage. In packing of the parts, no parts of any kind shall be packed inside other larger

components. Wherever necessary, proper arrangement for attaching slings for lifting shall be

provided. All packages shall be clearly marked with gross weight and signs showing the UP &

DOWN sides of the boxes and any handling or unpacking instructions considered necessary.

All fragile parts shall be very care fully packed and shall bear suitable marks on the out side of

the packages. All packing cases and packing material shall become the property of the

purchaser.

74

17. Training of Engineers:-

The purchaser may depute two Engineers for a maximum period of 4 Days to the

manufacturer’s works or at their Principal’s works for purpose of familiarization with the

equipment in respect of its installation, testing, commissioning, maintenance and trouble

shooting etc. The contractor shall provide necessary training facilities free of cost. The

contractor shall also familiarize the engineer with such installations at different locations.

Traveling expenses to the place of training and back and all other expenses in connection with

lodging, boarding, local journeys, pocket expenses etc of the trainee Engineers shall be borne

by the purchaser.

18. Visit to site:-

To understand the scheme the bidders are requested to visit the site and acquaint themselves

about the site requirement before submitting the offer.