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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 –[email protected]


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

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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

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SECTION-I

Information For Bidders (INFB)


(3X42MW)

Larji HEP

3
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

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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

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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.

3.0 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. 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%

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.

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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

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.

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SECTION-II

Instructions to Bidders (ITB)

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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

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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.

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.

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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.

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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).

(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.

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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.

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:

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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.

15.0 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 Second Envelope.


Copies) along with duly filled (wherever required) and signed
copies of conditions of contract, General technical specifications.

16.2 The inner and outer envelopes shall:

(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.

17.0 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.

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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.

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

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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.

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.

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SECTION-III

General Conditions of Contract (GCC)

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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

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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.

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.

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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.

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.

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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.

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.

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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.

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.

24
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.

25
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

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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.

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

27
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.

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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.

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.

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.

22.0 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

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.

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

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.

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: -

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.

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

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.

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

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.

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.

36
SECTION-IV

Forms & Procedure (FP)

37
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

38
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.

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.

3.0 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

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.

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.

41
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)

42
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)-------------

43
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.

44
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.

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.

Bidder’s Name and Address :-


EXW. EXW.
Sr. Unit Amount in EXW. Amount in
Description of item Qty. Unit
No. price in Figures Words (Rs.)
(Rs.) (Rs.)
Providing Log Boom (Aquatic & Debris Job.
Control Barriers) at Barrage site of (3 x
42 MW) Larji Power House as per
technical specification:
a) Trash Rack Barrier:
i) Tuffboom 60 PCS.
ii) CON-A 60 PCS.
iii) SCREEN-24” 60 PCS.
iv) Deflector Plate and Hardware 60 PCS.
v) Wire rope under barrier for complete
length 1 Lot
1
b) Dam Face Riser:
i) Riser Assembly (Floating Sliding 2 Set
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
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:------------------------------

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

Total (to Schedule 4. Grand Summary)

Name of Bidder:------------------------

Signature of Bidder:-------------------

48
Schedule 3. Installation Services

Item Description. Unit. Qty. Unit Price (Rs.) Total Price


(Rs.)

(1) (2) (1x2)

Total (to Schedule 4. Grand Summary)

Name of Bidder:------------------------------

Signature of Bidder:-------------------------

49
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:-------------------------

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

Item Description of Rate of Taxes/ Amount on which Taxes duties/ levies


Taxes / duties/ duties/ levies Taxes / duties / levies payable in Rupees.
levies etc. application applicable
1 2 3 4 5

Total

Name of Bidder:-------------------------------------

Signature of Bidder:------------------------------

52
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') .

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:

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)

54
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

55
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

56
____________________________________________________
[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.

57
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.

58
Appendix-2. Price Adjustment

The Prices are:-

“FIXED & FIRM”

No Price Variation claim (PVC) is allowed.

59
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.

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.

Item of Facilities Approved Subcontractors Address

62
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.

63
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.

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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)

65
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)

66
SECTION-V

Technical Specifications

67
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

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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.

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.

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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:-

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

71
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.

72
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.
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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.

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