Bid Document Log Boom
Bid Document Log Boom
Bid Document Log Boom
BID DOCUMENTS
FOR
FOR
(3x42 MW)
1
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.
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SECTION-I
Larji HEP
3
INDEX
TABLE OF CONTENTS
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INFORMATION FOR BIDDERS
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.
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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.
3.1 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.
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. 1 oC
(iv) Absolute minimum temperature. - 3o C
(v) Maximum cooling water temperature. 25oC
(vi) Minimum cooling water temperature. 5.5oC
(vii) Relative humidity.
Maximum 100%
Minimum 30%
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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
11.2 The Bidder shall strictly adhere to the labour laws and minimum wage act prevailing in the State
of Himachal Pradesh.
The Bidder shall provide necessary medical facilities at the project site at his own expenses for
his workers.
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SECTION-II
8
INDEX
INSTRUCTIONS TO BIDDERS
TABLE OF CONTENTS
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
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
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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.
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.
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B. Bid Documents
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.
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.
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
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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).
(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.
Deviations, if any, from the terms and conditions or Technical Specifications shall be
listed in the following attachments of the bid:-
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.
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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.
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:
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(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.
15.7 Bids not conforming to the above requirements of signing may be disqualified.
D. Submission of Bids
(a) be addressed to the Chief Engineer (Gen.), HPSEBL, Sunder Nagar Distt Mandi H.P.
and;
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(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.
17.2 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.
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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.
F. Award of Contract
23.0 OWNER'S RIGHT TO ACCEPT ANY BID AND TO REJECT ANY OR ALL BIDS
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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.
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SECTION-III
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INDEX
TABLE OF CONTENTS
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
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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.
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“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.
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.
3.3 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.
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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.
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.
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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.
13.0 SECURITIES
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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.
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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.
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.
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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.
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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.
19.0 MAINTENANCE
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
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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.
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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.
29
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.
22.1 Commissioning: -
Commissioning (Trial Operation) of the works or any part thereof shall be completed by the
Contractor as per procedures detailed in technical Specifications.
30
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.
31
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.
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.
32
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.
33
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.
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
34
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.
35
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.
36
SECTION-IV
37
INDEX
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.
38
BID FORM
Date-------------------------------------------
Bid Spec. No. –
Name of Contract-----------------------------------------------
To
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.
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.
39
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.
3.2 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
40
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.
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.
41
ATTACHMENT- 1
PROFORMA OF BANK GUARANTEE FOR BID SECURITY
(To be stamped in accordance with Stamp Act)
To
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
42
ATTACHMENT-4
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.
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.
43
ATTACHMENT-6
Cost of withdrawal of deviation from the requirement of the Commercial terms and conditions.
(To be furnished by the Bidders)
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,
(Designation)------------------------
(Common Seal)----------------------
Note: - Bidders may note that the bids containing the deviations without the cost of withdrawal
shall be rejected.
44
ATTECHMENT -6A
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,
(Designation)------------------------
(Common Seal)----------------------
Note: Bidders may note that bids containing deviations without the cost of withdrawal shall be rejected.
45
Price Schedules
46
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.
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:------------------------------
47
Schedule 2. Transportation and Insurance
Item Description Unit Qty. Unit Price (Rs.) Total Price (Rs.)
Transportation &
Insurance (1x2)
(1) (2)
1 Transportation
2. Insurance
Name of Bidder:------------------------
Signature of Bidder:-------------------
48
Schedule 3. Installation Services
Name of Bidder:------------------------------
Signature of Bidder:-------------------------
49
Schedule 4. Grand Summary
Item Description Total Price (Rs.)
Name of Bidder:------------------------------
Signature of Bidder:-------------------------
50
Schedule 5. Recommended Spare Parts
Item Description Unit Qty. Unit Price Total price Transportation including
EXW (Rs.) (Rs.) Insurance.
(1) (2) (1x2) (4)
(3)
Total
Name of Bidder:--------------------
Signature of Bidder:---------------
51
Schedule No. - 6.
Taxes and Duties
Total
Name of Bidder:-------------------------------------
Signature of Bidder:------------------------------
52
4. FORM OF 'NOTIFICATION OF AWARD OF CONTRACT'
Ref. No.:
Date:
Attn: Mr.-----------------------
Dear Sir,
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-------------------.
v) Post Bid discussions and meetings we had with you from ----------------to -------
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') .
53
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:
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)
54
5. Form of Contract Deed
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.
55
other sums as may be determined in accordance with the terms
and conditions of the Contract,
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.
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.
56
____________________________________________________
[Signature]
____________________________________________________
[Title]
_________________________________________________________________
[Signature]
__________________________________________________________________
[Title]
BETWEEN
____________________________________________________________________________
["the Owner"]
and
____________________________________________________________________________
____________________________________________________________________________
["the Contractor"]
APPENDICES
57
Appendix - 1.
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.
2.1 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.
3.1 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.
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.
58
Appendix-2. Price Adjustment
59
Appendix - 3.
Insurance Requirements
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.
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.
b) Worker's Compensation
In accordance with the statutory requirements applicable where the facilities or any part thereof is
executed.
60
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.
61
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.
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6. Performance Security Forms
To
[Owner's name & Address]
Dear Sir,
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.
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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.
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.
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7. Form of Completion Certificate
Date: --------------------------------------
Contract No: ----------------------------------
[Name of Contract]
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.
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.
Title
(Engineer- in-charge)
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8. Form of Operational Acceptance Certificate
Date:_____________________________
Bid Spec. No: ___________________________
[Name of Contract]
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.
This letter does not relieve you of your obligation to during the Defects Liability Period.
Title
(Engineer-in-charge)
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SECTION-V
Technical Specifications
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INDEX
TECHNICAL SPECIFICATIONS
TABLE OF CONTENTS
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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.
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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.
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.
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.
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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:-
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
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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.
7. Life Expectancy: -
The equipment must be maintainable for a period of at least 25 years.
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.
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.
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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.
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.
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