executive engineer generation division ljhp …
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JAMMU & KASHMIR POWER DEVELOPMENT CORPORATION
Office of the
EXECUTIVE ENGINEER GENERATION
DIVISION LJHP GANTAMULLA
BARAMULLA.
E-NIT No. 07 of 2020-21
Dated:-24-08-2020
TENDER DOCUMENT FOR
Survey, Design, Engineering, Fabrication,
Supply, Installation, Testing & Commissioning of HDPE Pipe Debris Barrier Boom with
pathway at Headworks Barrage LJHP Gantamulla and maintenance of Barrier for 3
years from the date of commissioning.
C O N T E N T S
VOLUME – I
GENERAL TERMS AND CONDITIONS
SECTION - I
INFORMATION & INSTRUCTIONS
SECTION - II
GENERAL CONDITIONS OF CONTRACT
SECTION - III
BID PROFORMA & SCHEDULES
OFFICE OF THE EXECUTIVE ENGINEER, GENERATION
DIVISION LJHP BARAMULLA
(Email id: [email protected])
E-NIT No: GD/LJHP/07 of 2020-21 Dated: - 24 - 08 - 2020 For and on behalf of the Managing Director, J&K Power Development Corporation, sealed bids affixed with revenue stamps worth Rs. 6 valid for 180 days, accompanied with earnest money in the shape of DD/ CDR/FDR/BG from any International / Nationalized/Scheduled Bank @ 2% of the estimated cost pledged to the Chief Engineer Generation Wing Kashmir, Bemina Srinagar, are invited from OEMS (original equipment manufacturers) / Registered firms / Authorized firms / Electro- Mechanical / Mechanical Contractors of International / National Repute having sufficient experience of the relevant job for:
S. No
Description
Estimated
cost (Lacs)
Amount of
EMD
Cost of tender
specification (Non-
Refundable)
Time of completion
1. Survey, Design, Engineering, Fabrication, Supply, Installation, Testing & Commissioning of HDPE Pipe Debris Barrier Boom with pathway at Headworks Barrage LJHP Gantamulla and maintenance of Barrier for 3 years from the date of commissioning.
Rs 176.90 lacs
2 % of the estimated cost i.e. (Rs. 3.60
lacs)
Rs.5000.00 180 Days
CRITICAL DATES
1. Date of Issue of tender notice 21-08-2020
2. Period of downloading of bidding documents.
25-08-2020 TO 21-09-2020
3. Bid submission start date 25-08-2020
4. Bid submission end date 21-09-2020
5. Deadline for receiving the hard copies (CDR & EMD).
22-09-2020
6. Date & time of opening of Technical Bid (Online).
24-09-2020
1. The complete bidding process will be online. However, hard copy shall be
submitted in the office of Chief Engineer Generation Wing Kashmir alongwith
cost of Tender Document and EMD.
2. Bid documents can be download from the website www.jktenders.gov.in and
official website of JKPDC www.jkspdc.nic.in. The bid documents contain
Qualifying criteria for the bidders, specifications, Bill of Quantities, terms &
conditions and other details.
The following authenticated documents are to be submitted along with the tender otherwise the tender will be liable to rejection.
i) Proof of purchase of tender document.
ii) Prescribed EMD (i.e. 2 % of estimated Cost)
iii) Copy of Registration Certificate from concerned authorities.
iv) Copy of valid GST Registration Certificate.
v) Copy of Tax Clearance Certificate from concerned Authority.
vi) Copy of LOAs/ Documentary evidence of having executed similar jobs as
per technical criteria with completion and performance certificate.
vii) Documentary evidence of financial capability
viii) Manpower details, workshop equipments & testing lab information
including details of tests being carried out. The bidder shall
satisfactorily meet the following Qualifying Criteria as per CVC
guidelines
ix) Labour License
x) Insurance Documents of the employees to be deployed at site.
xi) Public Insurance Liability documents.
xii) No Litigation Certificate
xiii) No Debarment Certificate
No Deviation Certificate.
A) Technical Criteria: Experience of having successfully completed similar works during last 7 years with trouble-free operation of commissioned Debris Diversion Barrier Boom atleast for three years. The necessary certificate of the purchaser/Owner in this regard shall be enclosed with the bid document. The details of criteria are as under: -
a. One similar completed work amounting not less than 80% of estimated cost of work.
Or b. Two similar completed work amounting not less than 50% of estimated cost of
work. Or
c. Three similar completed work amounting not less than 40% of estimated cost of work.
Definition of similar Work: Survey, Design, Engineering, Fabrication, Supply, Installation, Testing & Commissioning of Debris Diversion Barrier Boom of
Hydro Power Plant of 105 MW Capacity or above.
B) Financial Criteria a. Average Annual financial turnover during the last 3 years, ending 31st March of the previous financial year, should be at least 30% of the estimated cost.
b. Authority reserves the right to: - i) Increase / Decrease the quantity of material. ii) Reject any or all bids without assigning any reason thereof. iii) A Joint Venture can also participate in tendering process.
“A joint venture/Subsidiary Company' can also participate in this tender on the basis
of technical and financial capability of their 'Parent Company' provided the 'joint
venture/Subsidiary Company' encloses the documentary evidence of having the support of „Parent Company' for this work package to the satisfaction of the
Employer. Past experience and financial capability of such 'Parent Company' shall be
considered for per-qualification of such Applicant joint venture/Subsidiary Company”.
No GD /LJHP/245-64 Dated: 24 - 08 -2020 Executive Engineer Generation Division LJHP
Gantamulla Baramulla Copy to:- 1): Managing Director J&K PDC, Jammu/Srinagar for information.
2): Director Finance, J&K PDC, Jammu/Srinagar for information. 3): Chief Engineer, Generation Wing Kashmir, J&K PDC, Sgr. for inf. This is with reference to his letter No. CEG/PDC/Tech/1734-35 dated: 11.08.2020. 4): Chief Civil Investigation Deptt: J&K PDC, Srinagar for information. 5): Superintending Engineer, Generation Circle-I, J&K PDC, Bla. for inf. This is with reference to his letter No. SE/Gen-I/PDC/328-29 dated: 13.08.2020. 6): In charge IT, J&K PDC, Srinagar for information. He is requested to kindly get the Notice uploaded on the website of J&K PDC. 7): Asstt: Director, J&K Information Department Srinagar along-with 4 copies of NIT, with the request that the NIT may kindly be got published in two National as well as Local leading dailies of valley at an earliest, under an intimation to this division. 8): Wide Angle Advertising Agency Service, Srinagar for getting the brief of the NIT broadcasted on AIR of Super “A” time on different dates. 9): Chief Pay & Accounts Officer, PDC unit-Baramull for information. 10): Executive Engineer, Civil Maintt: Division LJHP Baramulla for info. 11-20): Assistant Executive Engineer Stores/Mohura, AEE Power House Sub Div/I/II/III/IV/V & Mechanical Sub Div-I &II for information.
21): Notice Board. 22): Master File
Page 7 VOL I
SECTION I I
INFORMATION AND INSTRUCTIONS
A GENERAL INVITATION TO BID
Sealed item rate bids in two parts comprising of pre-qualification / techno
commercial and financial ) are hereby invited on behalf of Governor of Jammu &
Kashmir by Power Development Corporation (JKPDC) from experienced, reputed,
competent and financially sound International / Indian Contractors / Companies/
Firms/ Joint Ventures fulfilling eligibility and qualification requirements specified in the
Bidding Documents. The e-tender can be downloaded from jktenders.gov.in or
jkspdc.nic.in.
The tenders should be addressed to the Chief Engineer, Generation Wing Kashmir
Bemina (JKPDD complex) Srinagar. However, the downloaded document at the time
of submission should be accompanied with cost of tender document in the shape of
Demand Draft pledged to Executive Engineer Generation Division LJHP Baramulla and
EMD in the form of CDR/FDR/Bank Guarantee pledged to Chief Engineer Generation
Wing Kashmir.
SCOPE OF WORK
A. Survey of the site to familiarize with site requirement and design parameters viz-a-viz. Behavior / Specifications of River Jehlum / Trash Flow / Accumulation at Barrage of LJHP and dead weight to be calculated by the firm for designing of debris barrier Boom.
B. Design, Engineering of Debris Barrier for floating section, floating holding frame, inter-connecting links, anchorage of barrier, pier wall plates, holding / structure for barriers, necessary hooking so as to avoid overturning of debris barrier, pedestrian walkway with safety arrangement and making barrier easy maintainable without any constraints and engineered to withstand the massive load created due to high surface water velocities coupled with heavy surface debris and floating trash, high winds and changing water levels.
C. Preparation of the schematic drawings, layout drawings, section drawings along with Anchor Mechanism Holding / Hooking arrangement for Debris Barrier, Drawings of every accessories and its submission to Executive Engineer Generation Division LJHP (Engineer Incharge) for approval.
D. Fabrication of HDPE Pipes with all allied accessories, construction of concrete anchor blocks and anchor hooks suitable for proposed barrier considering the trash load / river velocity / high winds / changing water levels and other necessary parameters required for stability and smooth functioning of debris barrier with necessary tests as per BIS or any other International Standard
Page 8 VOL I
SECTION I I
wherever referred. E. Testing & Commissioning of Debris Barrier with effective anchoring of entire
Boom and Hooking arrangement for barrier so as to avoid overturning of barrier during massive load created due to high surface water velocities coupled with heavy surface debris and floating trash, high winds and changing water levels high surface heavy trash or floods .
Besides above scope of work, the bidder shall be responsible for effective operation of debris barrier with following listed recommendations to be taken into account while designing debris boom barrier for approval from Engineer Incharge (Executive Engineer Generation Division LJHP Baramulla)
(i) The bidder shall specify the material used of HDPE Pipes, holding structures, submerged trash screens and marine polyester ropes with minimum break strength.
(ii) Size of holding structure (iii) No. of HDPE Pipes could hold single structure. (iv) No. of holding structures for complete debris barrier boom. (v) Total dead weight of holding structure. (vi) Size of single trash screen. (vii) No. of trash screens with each floating section. (viii) Size of Mesh opening. (ix) Weight of Single Trash Screen. (x) Effective Depth of trash screen (xi) Effective length with provision of trash net. (xii) The bidder shall ensure proper anchoring of debris barrier and hooking of
entire barrier for safety and avoiding overturning / damage of barrier during massive trash flow / accumulation or flooding period and during opening of gates for diversion of trash or lowering of Reservoir level and high surface water velocities for which Executive Engineer Generation Division LJHP (Engineer Incharge) shall witness all relevant tests as per BIS / International Standards wherever applicable.
Page 9 VOL I
SECTION I I
Guaranteed Technical Particulars.
Technical Specifications to be furnished by the participating bidder after visiting the LJHP Power house so as to bring all participating bidders at par for evaluation purpose.
(a) Total length of Debris Boom in Meters.
(b) Effective length of barriers in Meters
(c) No. of floated boom sections to cover the effective length (No. /
Sections)
(d) Length of span where trash screen to be provided.
(e) Details of single floated boom section with trash screen
(i) Length of single floated boom Section in Meters.
(ii) Width of Single Floated Boom in Section in Meters.
(iii) No. of HDPE Pipe Comprised in Single Floated Boom.
(iv) Material used for fabrication of HDPE Pipes.
(v) Outer Dia. of HDPE Pipes in mm.
(vi) Length of HDPE Pipe in Meters.
(vii) No. of trash screens attached with single floated boom.
(viii) Length of each trash screen attached with single floated boom in
Metres.
(ix) Depth of Trash Screen in Meters.
(x) Effective Depth of Barrier in Meters.
(xi) Holding Arrangement.
(a) No. of ropes engaged to hold the entire structure.
(b) Size of Polyester Rope Wire with minimum break strength in
mm / Tonnes
(c) Hooking / protection arrangement of entire barrier during
massive trash accumulation, flooding of River or lowering of
Reservoir Level or high surface velocity.
Note: Details to be submitted by the participating bidders in the bid.
Page 10 VOL I
SECTION I I
1.2.0 ELIGIBLE BIDDERS
International / Indian firms, possessing the necessary competence shall be eligible to bid
for works detailed under “scope of work”.
The bidder shall have the following minimum Qualification Criteria for submitting the
bid.
B Technical Criteria:
Experience of having successfully completed similar works during last 7 years with
trouble-free operation of commissioned Debris Diversion Barrier Boom atleast for three
years. The necessary certificate of the purchaser/Owner in this regard shall be enclosed
with the bid document. The details of criteria are as under: -
a. One similar completed work amounting not less than 80% of estimated cost of work.
Or
b. Two similar completed work amounting not less than 50% of estimated cost of work.
Or
c. Three similar completed work amounting not less than 40% of estimated cost of work.
C Financial Criteria Average Annual financial turnover during the last 3 years, ending 31st March of the previous financial year, should be at least 30% of the estimated cost individually by a sole Applicant or Collectively by a Joint Venture. Annual financial turnover for newly established companies shall be applicable from the financial year subsequent to the year of inception of the company, but should be 30% of the estimated cost.
Joint Venture Criteria
a) Bids may be submitted by individual firms or joint ventures as one of the
following:
I. A single firm that meets all qualification requirements set forth.
II. Joint V enture Companies meeting all qualification requirements set forth
in relevant clauses & fulfilling the following criteria as J.V Company.
i. Joint venture of only two firms shall be permitted.
ii. One of the partners shall be nominated as a lead partner. The authorization shall
be submitted by way of power of attorney. The power of attorney in this regard
shall be signed by legally authorized signatory of both the firms.
iii. Whereas the partners of the joint venture have to collectively satisfy 100% of
the criteria. The lead partner of the joint venture must individually satisfy
criteria of at least 70% and the other partner must satisfy the minimum criteria
of 30% of above relating to experience of similar works and turn over.
iv. Both the partners shall give undertaking that liabilities of any kind shall be
met by bot the partners . The payments shall be made in the name of the
lead partner instead of the joint venture account.
Page 11 VOL I
SECTION I I
v. Both partners shall be liable jointly and severally for the execution of the
contract in accordance with the contract terms and a statement to this effect
shall be included in the power of attorney mentioned above, as well as in the
joint venture agreement.
vi. A copy of joint venture agreement entered into by both the partners shall be
submitted with the tender. The joint venture agreement should indicate precisely
the responsibility of both the members of joint venture in respect of planning,
construction equipment, key personnel, work execution and financing of the
project. This should not be varied / modified subsequently without prior
approval of the employer/engineer in charge. The joint venture should
confirm that both the members shall have active participation in the
execution work during the full currency of contract.
vii. In case of successful bidder as a joint venture, the joint venture agreement shall
be registered.
b) The offer of those bidders, who shall provide satisfactory evidence to the owner of
their capability and adequacy of resources to carry out the contract effectively, shall
be considered for evaluation. Bids shall include the following information.
i) Copies of original documents defining the constitution or legal status, place of
registration and principal place of business; written power of attorney of the
signatory of the bid to commit the Bid.
ii) Total annual turnover for last three (3) years.
iii) Details of the works executed during last three years.
iv) Performance as prime Contractor for the supply of material and equipment of
similar nature over the last five years, and details of other work in hand and
contractual commitments.
v) Performance of the works of similar nature executed during last three years as prime contractor.
vi) The qualification and experience of key personnel proposed for carrying out
the work.
vii) Reports on the financial capability of the bidder viz profit and loss statements,
balance sheets and auditor's reports for the past three (3) years attested by
chartered accountant.
viii) Evidence of access lines of credit, and availability of other financial resources.
ix) Information regarding any current litigation in which the Bidder is involved,
the parties‟ concerned and disputed amount.
The bidder shall furnish detail of work in hand and current contract commitments.
(a) The bidder shall furnish list of testing facilities and adequate plant and
manufacturing capacity available to execute the works properly and
expeditiously within the time period specified. The evidence shall consist of written
details of the installed manufacturing capacities and present commitments
(excluding the work under this specification).
(b) The bidder shall furnish resume of key personnel to be dedicated to the project along
Page 12 VOL I
SECTION I I
with organization chart. The key personnel assigned to the project shall not be engaged
in other projects till the completion of this project.
The bidder shall have adequate field service organization to provide the necessary field
erection and management services required to successfully erect, test and commission the
equipment as required under the scope of work.
The bidder shall have established Quality Assurance System and Organization designed to
achieve high level of equipment reliability during the manufacture, field installation
activities and operations.
The Bidder shall submit the above details with documentary evidence to fulfill above
eligibility requirements.
Notwithstanding anything stated above the owner reserves the right to assess the Bidder's
capability and capacity to perform the contract, should the circumstances warrant.
1.2.0 QUALIFICATION OF THE BIDDER
This bidding is open to International / Indian Contractors/Companies/Firms/Joint
Ventures fulfilling eligibility and qualification requirements specified in the Bidding
Documents who provide sufficient and satisfactory evidence concerning the following:-
To be qualified for award of Contract, the bidder shall submit a written power of Attorney
authorizing the signatory of the bid to commit the bid specifically for Jammu & Kashmir
Power Development Corporation with its validity. Bids submitted by a joint venture or
Consortium of two or more firms as partners shall comply with the following requirements.
i) The Proforma for Bid, and in case of successful Bidder, the Proforma of
Agreement shall be signed by all the partners so as to be legally binding on all
partners.
ii) The partner who has the requisite experience as given above of this section shall be
nominated as Lead Partner and this authorization shall be evidenced by submitting a
power of attorney signed by legally authorized signatories of all partners;
iii) Both the Partners shall be shall be liable jointly and severally liabilities.
iv) All partners shall be liable jointly and severally for the execution of the Contract in
accordance with the Contract terms, and a statement to this effect shall be included in
the authorization mentioned under (ii) above as well in the Proforma for Bid and in
the Proforma of Agreement (in case of successful bidder);
v) A copy of the Joint Venture agreement entered into by all partners stating
clearly the financial and physical stake of each partner shall be submitted with the bid.
This agreement shall not be materially different from the draft agreement submitted
with the Bidder's application for purchase of Bidding Documents.
Bidders shall also submit proposals of work methods and schedules, in sufficient details to
demonstrate the adequacy of the Bidder‟s proposal to meet the technical specification and the
completion time.
Page 13 VOL I
SECTION I I
QUALIFICATION OF THE SUB-CONTRACTOR
The bidder shall have reputed sub-contractors for supply of material for the work and for
execution of other works meeting the following minimum requirements and must
demonstrate through, documents from such sub-contractors, that based on known commitments
they will be able to complete the assigned job under their control. The description of such sub-
contractor has to be conveyed to Corporate office/HOD
a. Documentary proof indicating that Sub contractor has at least executed 3 similar
works valuing not less than the cost of the equipment to be supplied or work to be
executed.
1.5.0 ONE BID PER BIDDER.
Each Bidder shall submit only one Bid either by himself or as a partner in a joint venture or
in a consortium. A Bidder who submits or participates in more than one Bid will be
disqualified.
1.6.0 COST OF BIDDING
The bid shall be accompanied with cost of tender document amounting to Rs. 5,000/- in
favour of Executive Engineer Generation Division LJHP Baramulla in form of Demand draft
from any nationalized/scheduled bank payable at Srinagar
The Bidder shall bear all costs associated with the preparation and submission of his Bid and
the purchaser will in no case be responsible or liable for those costs, regardless of the conduct
or outcome of the Bidding process.
1.7.0 SITE VISIT AND LOCAL CONDITIONS
The bidder shall visit and examine site of Works and familiarize about LJHP Power House,
Barrage, behavior of the River and local conditions etc whatsoever are necessary for
successful execution of work. The costs of visiting the site shall be at the Bidder‟s own
expense.
The bidder shall acquaint himself with the actual local conditions and requirements thereof,
including the transportation, communication facilities, utility and labour conditions and shall
not claim at any time after the submission of the bid or subsequent execution of the
contract that there was any misunderstanding with regard to the conditions imposed by the
contract or prevailing at site.
The Bidder and any of his personnel or agents will be granted permission by the owner/
purchaser to enter upon its premises and lands for the purpose of such inspection, but only
upon the express condition that the bidder, his personnel and agents, shall release and
indemnify the owner/purchaser and its personnel and agents from and against all liability in
respect thereof and shall be responsible for death or personal injury (whether fatal or
otherwise), loss of or damage to property and any other loss, damage, costs and expenses
however caused, which but for the exercise of such permission would not have arisen.
Page 14 VOL I
SECTION I I
Transportation Equipment
All necessary transportation equipment including lifting and handling equipment shall be
provided and/or hired by the Contractor at his cost.
In their own interest, the bidders are requested to familiarize themselves with the Income tax
Act, prevailing labour laws and other related Act and laws prevalent in the state and country.
Further the bidders are required to comply with Insurance Act including Workmen‟s
Compensation Act and third party insurance and other relevant provisions particularly with
reference to the requirement of taking insurance for the equipment/material during
transportation, storage, erection, testing and commissioning until defects liability period.
The bidder shall be deemed to have carefully examined all the Bidding Documents and
also to have satisfied himself as to the nature and character of the work to be executed and
where necessary of the site conditions and other relevant matters/details.
B BIDDING DOCUMENTS
1.8.0 CONTENTS OF BIDDING DOCUMENTS
The Bidding Documents will include the following:
Volume-I Section - I Information and Instructions Section-II Conditions Governing the Contract
Section-III Model rules for health and sanitary arrangements for Contractor's workmen.
Section-IV Contractor's labour regulations & Safety Precautions
ANNEXURES Annex - Proforma for Bid (for Technical Bid) Annex - Proforma for Bid (for Price Bid)
Annex- Proforma for Bank Guarantee for Bid Security Annex- Proforma for Bank Guarantee for Performance Security
Annex- Proforma for Requirement of Power Load
Annex- Proforma for Indemnity Bond
Annex – Proforma for Contract Agreement
Annex- Proforma for declaration.
Annex- Performa for No deviations Technical Terms and Conditions
Annex- Performa for No deviations Commercial Terms and Conditions
Annex- Performa for Work Completion Schedule.
Annex- Works executed during last three years.
Annex- Proforma for Joint undertaking.
Annex- Performa for list of Equipment and Tool & Tackles.
Annex- Performa for organizational Chart.
Annex- Proforma for Guaranteed Declaration.
Page 15 VOL I
SECTION I I
Volume-II
Price Schedules.
The bidder is expected to examine all instructions, conditions, Proforma, terms and
specifications in the Bidding Document. Failure to comply with the requirements of bid
submission will be at the bidder‟s own risk. Bids which are not substantially responsive to the
requirements of the Bidding Documents will be rejected for which JKSPDC shall have no
liability whatsoever.
CLARIFICATION OF BIDDING DOCUMENTS
A prospective bidder requiring any clarification of the Bidding Documents may notify the
Purchaser in writing or by Fax followed by the post copy confirmation at the Purchaser's
mailing address indicated in the Invitation for bids. The purchaser will respond in writing to
any request for clarification of the Bidding Documents which it receives not later than 10
days before the Pre Bid Meeting. Written copies of the Purchaser's response (including a
description of the query but without identifying the source of query) will be sent to all
prospective bidders who have purchased the Bidding Documents.
1.9.0 AMENDMENT OF BIDDING DOCUMENTS
At any time prior to the deadline for submission of bids, the Purchaser may, for any reason,
whether at its own initiative or in response to a clarification requested by a prospective bidder,
modify the Bidding Documents by issuance of an addendum/corrigendum.
The addendum/corrigendum will be notified in writing or by Fax to all prospective bidders who
have purchased the Bidding Documents and will be binding on them. Bidder shall
acknowledge receipt of each addendum/corrigendum in writing or by fax followed by a post
confirmation copy to the purchaser.
In order to afford prospective bidders, reasonable time in which to take the
addendum/corrigendum into account in preparing their bids, the Purchaser may, at its
discretion, extend the deadline for the submission of bids.
C. PREPARATION OF BIDS
1.10.0 LANGUAGE OF BID The Bid prepared by the Bidder and all correspondence and documents relating to the bid,
exchanged by the Bidder and the Purchaser, shall be written in the English language. Any
supporting documents and printed literature furnished by the Bidder in another language
shall invariably be accompanied by an English translation of its pertinent passages. For the
purposes of interpretation of the bid, the English translation shall prevail.
1.11.0 DOCUMENTS COMPRISING THE BID
The bid prepared by the bidder shall include the following documents :
Page 16 VOL I
SECTION I I
a) The Proforma of bid and Price Schedule completed in accordance with Clauses 1.12
and 1.13.
b) Filled in Guaranteed & Technical Particulars Schedules & other schedules appended
with the Bidding Document.
c) Names of manufacturers or sub-supplier from whom the bidder
Proposes / intends to procure various equipments required for completion of works.
d) Documentary evidence establishing bidder‟s eligibility and qualification and is
qualified to perform the contract.
e) Bid Security furnished in accordance with Clause 1.15.
f) Preliminary programme for completion of the Works indicating the order in which he
intends to carryout the Works in the form of a bar chart. This programme shall abide
by the limit dates specified in the Contract and shall constitute the basis to
prepare the detailed programme to be furnished according to Clause 13 of the
General Conditions of the Contract.
g) Detailed method statement justifying the methodology of execution proposed by the
bidder. This shall, interalia, provide method and technique of manufacturers,
supply, transportation, erection, testing and commissioning of substation.
h) Filled in Proforma of requirement of Power Load.
i) Filled in proforma indicating requirement of space for storage of
equipment, colony, offices etc.
No alteration shall be made to any proforma or to any schedule. Any correction of prices or
other data must be re-written in ink both in figures and words and duly signed by the bidder.
BID PRICES
The bidder shall indicate on the appropriate Price Schedule attached to these Bidding
Documents the unit prices and total bid prices of the items of work under the Contract.
The price breakdown indicating Ex-works prices (including of packing & forwarding
charges), taxes, duties if any, freight, insurance, storage & handling at site and services
including assembly, erection, testing, commissioning shall be provided as indicated in the
price schedule.
PRICE ADJUSTMENT.
Prices quoted by the bidder are FIRM and are subject to no adjustment during the performance
of the Contract.
1.13.0 CURRENCIES OF BID
The unit rates and prices shall be offered entirely in Indian Rupees. All the payments
due under the contract shall be made in Indian Rupees.
1.14.0 DOCUMENTS ESTABLISHING BIDDER'S ELIGIBILITY AND
QUALIFICATIONS The bidder shall furnish a brief write-up, backed with adequate data, explaining available
Page 17 VOL I
SECTION I I
capacity (both technical and commercial) for manufacture and supply of the required
equipment within the specified time of completion, after meeting all his current commitments.
The bidder shall confirm that all the facilities exist in his factory or at the works of
manufacturer for inspection and testing and the same shall be demonstrated to the Purchaser or
his representative at the time of inspection and witnessing of tests.
The bidder shall also furnish an up to date list of Power Houses/Substation work done by him
in last 3 years.
The Bidder shall furnish performance certificates for Power Houses/Substation work done
by him in last 3 years.
The bidder shall furnish Information regarding current litigation if any, in which the bidder
is involved.
Bidders may note that they are subject to be disqualified, if they have made misleading or
false presentation in the proforma, statements and attachments submitted in proof of the
qualification requirements or have record of poor performance such as abandoning the work,
not properly completing the Contract, inordinate delays in completion, or financial failure etc.
1.15.0 BID SECURITY
The bidder shall furnish, as part of his bid, bid security amounting to Rs. 3 .60 lacs
minimum.
In case of joint venture the bid security shall be furnished by the Lead partner
The bid security is required to protect the Purchaser against risk of bidder's conduct which
would warrant the security's forfeiture, pursuant to Clause 1.15.9.
The bid security shall be denominated in Indian Rupees favouring Chief Engineer Generation
Wing Kashmir JKSPDC Bemina Srinagar and shall be in the following form:
a) An irrevocable Bank Guarantee acceptable to the Purchaser issued by a
nationalized/scheduled bank located in India, in the proforma provided in the Bidding
Documents (Annex-II) and valid for 30 days beyond the validity of the bid subject
to extension from time to time.
b) In the form of crossed Bank draft payable on any nationalized/scheduled bank located
in Kashmir, favouring Chief Engineer Generation Wing Kashmir JKSPDC, Bemina
Srinagar
c) In form of CDR/FDR payable on any nationalized/scheduled bank located in Kashmir,
favouring Chief Engineer Generation Wing Kashmir JKSPDC, Bemina Srinagar Any bid not accompanied by bid security will be rejected by the Purchaser as non-
responsive.
Unsuccessful bidder's bid security will be discharged/returned as promptly as possible after
the expiration of the period of bid validity (including extension there of if any) prescribed by
Page 18 VOL I
SECTION I I
the purchaser, pursuant to Clause 1.16.
The successful bidder's bid security will be discharged upon the bidders executing the contract,
pursuant to Clause 1.35, and furnishing the acceptable performance security, pursuant to
Clause 1.34.
No interest shall be paid by the JKSPDC on the bid security
The bid security may be forfeited:
a) If a bidder withdraws or modifies his bid during the period of bid validity or extension
thereof ; or
b) If the bidder does not accept the correction of his Bid price, pursuant to clause 1.25
c) In case of a successful bidder, if he fails within the specified time limit to;
i) sign the contract in accordance with Clause 1.35; or
ii) furnish performance security in accordance with clause 1.34.
1.16.0 PERIOD OF VALIDITY OF BIDS
Bids shall remain valid for acceptance for a period of 240 days after the date of bid opening
prescribed by the Purchaser. A bid valid for a shorter period may be rejected by the Purchaser
as non-responsive.
In exceptional circumstances, prior to expiry of the original bid validity period, the
Purchaser may solicit the bidder's consent to an extension of the period of validity. The
request and the responses thereto shall be made in writing or by fax followed by post
confirmation copy. The bid security provided under Clause 1.15 shall also be accordingly
extended. A bidder may refuse the request without forfeiting his bid security. A bidder
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 security correspondingly. The provision of
clause 1.15 regarding discharge and forfeiture of bid security shall continue to apply during
the extended period of bid validity.
1.17.0 FORMAT AND SIGNING OF BID
The Bidder shall prepare and submit one original and 3 copies of the documents comprising
the Bid/Offer as described in Clause 1.12 hereof bound with the volume containing the bid
Form, and clearly marked “ORIGINAL” and “COPY” as appropriate. In the event of
discrepancy between them, the original shall prevail.
The original and all copies of the Bid shall be typed or written in indelible ink (in the case of
copies, Photostats are also acceptable).
The Bid shall be signed in handwriting of a person or persons duly authorized to sign on
behalf of the Bidder with Company seal, pursuant to Clauses 1.3. The bid shall contain the
name, official address and place of business of person(s) authorized to sign the Bid. All
pages of the Bid including entries or amendments which have been made, shall be signed by
authorized signatory.
Page 19 VOL I
SECTION I I
The Bid shall contain no alterations, omissions or additions, except those to comply with
instructions issued by the purchaser or as necessary to correct errors made by the bidder, in
which case such alternations/omissions/additions/ corrections shall be initialed with date by
the person or persons signing the bid.
Each part shall contain all the documents required but not limited to the following:
Prequalification Bid
S No
Name
1 Documentary proof for similar works executed during the last three years as per annexure XIX
2 Self Attested Copies of Contract/Purchase Orders
3 Performance Certificates (Issued by Official not less than Executive Engineer)
4 Work Completion Certificates
5
Details of sub vendors with their installed manufacturing capabilities / present commitments as per clause 1.4
6
Letter of consent (from all subcontractors to ensure the supply of equipment
to bidder, if applicable)
7 Proof regarding established quality assurance system i.e. bidders valid ISO certificate.
8
The qualification and experience of key personnel proposed for carrying out the work along with organizational chart as per Annex XXIV and XXV
9 Proof for Annual turnover for the last three years duly certified by chartered accountant.
10 Audited Balance sheets for the last three years
11 Profit & loss Account for the last three years duly certified by chartered accountant.
12 Bank Solvency Certificate
13 Agreement of Joint Venture or consortium (if applicable)
14 Copy of earnest money deposit.
15 Copy of valid registration issued by the competent authority
16 Copy of Mechanical License issued by the competent authority
17 Copy of income tax clearance certificate
18 Copy of letter of authorization for signing of bid as per clause 1.20
Page 20 VOL I
SECTION I I
19
Information regarding current litigation if any, in which the bidder is involved the parties concerned and the disputed amount.
20 Present Commitments excluding work under this specification.
Techno-Commercial.
S No
Name
1 Proforma of Bid (Techno-commercial) Annexure I
2 No Deviation Certificate to Technical Terms and conditions as per Annexure
3 No Deviation Certificate to Commercial Terms and conditions as per Annexure
4 Work completion schedule
5
Details of all the facilities that exist in the Plant/Factory including facilities for inspection and testing.
6 List of T&P equipments
7 Additional information
8 Bought out / sub contracted items including name of manufacturer as per Annexure
9
Guaranteed Technical Particulars(GTP) of machinery / equipments as per Volume II of the biding document.
12 Activity wise PERT-Chart for completion of works as per stipulated.
13 Declaration
14
Original set of Volume I&II of Bid documents including Amendment/Addendum to Bidding Document along with the reply to questionnaire issued, duly signed by the bidder along with seal on each page as proof of acceptance.
15 Guarantee Declaration as per Annex XXVI
Bid Security:-
S No
Name
1 Bid Security
The bid shall be addressed to the Purchaser at the following address
Chief Engineer,
Generation Wing JKSPDC
Page 21 VOL I
SECTION I I
PDD Complex Bemina, Srinagar (J&K)
Pin:190010
Telephone No. 0194-2493140
Telefax : 0194-2493140
And bear the project name, the invitation for bids number, and the words “Do not open
before
If the envelope is not sealed and marked as instructed above, the Purchaser will assume no
responsibility for the misplacement or premature opening or disclosure of the bid.
1.19.0 DEADLINE FOR SUBMISSION OF BIDS Bids Shall be received by the Purchaser in the office of:
Chief Engineer, Generation Wing JKSPDC
PDD Complex Bemina, Srinagar (J&K)
Pin: 190010
ON OR BEFORE: The Purchaser may, at its discretion, extend the deadline for submission of bids by issuing an amendment in accordance, in which case all rights and obligations of the Purchaser and bidders previously subject to the original deadline shall thereafter be subject to the new deadline as extended.
The bid shall be submitted in person or through Speed Post/Registered Post at the address
indicated above before the deadline
1.20.0 LATE BIDS
Any bid received by the Purchaser after the deadline for submission of bids
prescribed by the Purchaser shall not be entertained.
1.21.0 MODIFICATION AND WITHDRAWAL OF BIDS
The bidder may modify or withdraw his bid after the bid submission, provided that written
notice of the modification or withdrawal is received by the Purchaser prior to the last date of
submission of bids.
The bidder's modification or withdrawal notice shall be prepared, sealed, marked and
dispatched in accordance with the provisions of clause 1.20 hereof for the submission of
bids, with the outer and inner envelopes additionally marked “Modification” or “Withdrawal"
as appropriate.
No bid may be modified by the Bidder after the deadline for submission of bids.
No bid shall be withdrawn in the interval between the deadline for submission of bids and the
expiration of the period of bid validity specified in the Proforma of Bid. Withdrawal of a bid
during this interval shall result in the forfeiture of the bid security.
Page 22 VOL I
SECTION I I
E BID OPENING AND EVALUATION
1.22.0 BID OPENING
The purchaser shall open the online Prequalification / Techno Commercial Bid including
modifications made and Bid Security in the presence of Bidders' authorized representatives
(not more than two) who may choose to attend at the following location
Office of the Chief Engineer,
Generation Wing JKSPDC
PDD Complex Bemina, Srinagar (J&K)
On the date specified in the e-NIT or any other convenient day decided by the Bid opening
authority, The Bidders‟ representatives who shall be present during the opening of bids shall
sign a register evidencing their attendance. After opening of online bids, the hard copies of
the bids received in the office of Chief Engineer shall also be opened to establish the
enclosure of original bid security. A bid will be rejected out rightly if Bid Security does not
satisfy the requirement set forth. The “prequalification bid / Techno Commercial” i.e. part I
shall be opened only of those bidders who have submitted the bid security in line with the
bid documents. The “Price Bid will be opened at a later date to be notified separately.
The price bids of only those bidders will be opened whose pre qualification and techno-
commercial bids have been ascertained to be responsive.
The bidders' names, written notifications of bid, (including modifications and withdrawals
if any) and the presence or absence of the requisite bid security and such other details as the
Purchaser, at its discretion, may consider appropriate will be announced at the bid opening.
1.23.0 CLARIFICATION OF BIDS
To assist in the examination, evaluation and comparison of bids, the Purchaser may at its
discretion, ask any bidder for clarification of his bid. The request for clarification and the
response shall be in writing and no change in price or substance of the bid shall be sought,
offered or permitted except as required to confirm the corrections of arithmetic errors
discovered by the purchaser during the evaluation of the bids.
1.24.0 EXAMINATION OF BIDS AND DETERMINATION OF RESPONSIVENESS
Prior to the detailed evaluation of bids, the purchaser will determine whether each Bid
i) Meets required eligibility criteria.
ii) Has been properly signed.
iii) Is complete and accompanied by acceptable bid security.
iv) Is substantially responsive to the requirements of the Bidding Documents.
v) Provides any clarification and/or substantiation that the purchaser may require.
For purposes of this Clause, a substantially responsive bid is one which conforms to all the
terms, conditions and specification of the Bidding Documents without material deviation or
reservation. A material deviation or reservation is one
Page 23 VOL I
SECTION I I
i) Which affects in any substantial way the scope, quality, Metallurgy or performance
of the works?
ii) Which limits in any substantial way, inconsistent with bidding documents, the
purchaser‟s rights or the bidder's obligations under the contract.
iii) Whose rectification would affect unfairly the competitive position of other bidders
presenting substantially responsive bids which is incomplete or does not include all the
works covered by the specification.
The Purchaser's determination of a bid's responsiveness shall be based on the contents of
the bid itself without recourse to extrinsic evidence.
If a bid is not substantially responsive, it will be rejected by the Purchaser and may not
subsequently be made responsive by correction or withdrawal of non- conforming deviation
or reservation. Any Bid which is incomplete, obscure or irregular or only for a part of the
schedule is liable for rejection
The Purchaser may waive any minor informality or non-conformity or irregularity in a bid
which does not constitute a material deviation, provided such a waiver does not prejudice or
affect the relative ranking of any bidder.
Price Bid of the techno-commercially acceptable and responsive bidder shall be opened.
1.25.0 CORRECTION OF ERRORS
The price bids shall be checked by the purchaser for any arithmetic errors in computation
and summation. Errors will be corrected by the purchaser as follows: i) Where there is discrepancy between amounts in figures and in words, the amounts in
words will govern, and
ii) Where there is discrepancy between the unit rate and the total amount derived from
the multiplication of unit rate and the quantity, the unit rate as quoted will govern
unless in the opinion of the purchaser, there is an obviously gross misplacement of
decimal point in the unit rate, the total of line item as quoted will govern and the unit
rate will be corrected accordingly.
iii) In case prices for some items are given by a bidder as lump sum where unit rates are
required, the purchaser reserves the right to arrive at unit rate on the basis of
dividing the entered lump sum by the specified quantity.
The amount stated in the Proforma of Bid will be adjusted by the purchaser in accordance
with the above procedure for the correction of errors and shall be considered as binding
upon the bidder. If the bidder does not accept the corrected amount of bid, his bid will be
rejected and the bid security will be forfeited.
EVALUATION AND COMPARISON OF BIDS
General The bids will be evaluated and compared by the Purchaser from the technical and financial
points of views so as to make a selection for the complete work covered under the bidding
documents.
Procedure for Evaluation
The Purchaser shall evaluate the bids in the following steps.
Page 24 VOL I
SECTION I I
a) Step- I : Prequalification / Techno Commercial Evaluation
The Purchaser will evaluate and compare the Prequalification and Techno Commercial bids
and bids of only those bidders shall be opened whose bids have been declared qualified at
pre-qualification / techno commercial stage. Techno-Commercial proposal including time
schedule for supply and erection submitted by the Bidder shall conform to the conditions set
forth in the bidding document
b) Step - 2 : Price Evaluation
Bids of only those bidders shall be opened and evaluated by the purchaser who fulfill Pre-
qualification / Techno-Commercially criteria
The purchaser's evaluation of a bid will exclude and not take into account:
a) Any allowance for price adjustment during the period of execution of the Contract, if
provided in the bid.
b) Cost of those maintenance tools and spares recommended by the bidder over and
above the mandatory tools and spares specified by the purchaser in technical
specification. For evaluation of bids, the following shall be considered:-
a) Prices FOR project site inclusive of packing, forwarding, all taxes & duties,
transportation, insurance, storage and preservation at site including intermediate
storage, if any, and transportation from storage site to work site.
b) The cost of complete work of erection, testing, commissioning and handing over of
plant and insurance up to expiry of defects liability period.
c) Loading, if any, specified in the technical specification to bring the bids on par with
respect to technical performance.
d) Making any correction for errors.
e) Making an appropriate adjustment for any other acceptable quantifiable variations or
deviations not reflected in the Bid price or in the above mentioned other
adjustments.
f) Unconditional discount offered by the bidder which is not violative of the conditions of
contract.
1.27.0 PROCESS TO BE CONFIDENTIAL
After the opening of the bids, information relating to the examination, clarification, evaluation
and comparison of bids and recommendations concerning the award of contract shall not be
disclosed to the bidders or other persons not officially concerned with such process.
Any effort by the bidder to influence the purchaser in the process of examination, clarification,
evaluation and comparison of bids, and in the decision concerning award of contract, may
result in the rejection of his bid.
The bidder shall not communicate or use in advertising, publicity or in any other medium,
photograph of the works under this contract, or description of the site, dimension, quantity,
quality or other information, concerning the works unless prior written permission has been
Page 25 VOL I
SECTION I I
obtained from the purchaser.
All documents, correspondence, decisions and other matters concerning the contract shall be
considered of confidential and restricted nature by the bidder and he shall not divulge or allow
access there to by any unauthorized persons. 1.28.0 AWARD OF CONTRACT The purchaser shall award the contract to the successful Bidder as per the criteria laid down in
the bid document. 1.29.0 POST-QUALIFICATION
1.29.1 The Purchaser will determine to its satisfaction whether the bidder selected, as
having submitted the lowest evaluated responsive bid, is qualified to satisfactorily
perform the Contract.
1.29.2. The determination will take into account the bidder's financial, technical and
production capabilities. It will be based upon an examination of the documentary
evidence of the bidder's qualifications submitted by the bidder, as well as such
other information as the Purchaser deems necessary and appropriate.
1.29.3 An affirmative determination will be a prerequisite for award of the contract to the
bidder. A negative determination will result in rejection of the bidder's bid, in
which event the Purchaser will proceed to the next lowest evaluated bid to make a
similar determination of the bidder's capabilities to perform the contract
satisfactorily.
1.30.0 AWARD CRITERIA
Subject to the provisions of relevant clauses of bid document, the Purchaser will
award the Contract to the successful bidder whose bid has been determined to be
substantially responsive and has been determined as the lowest evaluated bid,
provided further that the bidder is determined to be qualified to perform the
Contract satisfactorily.
1.31.0 PURCHASER'S RIGHT TO VARY QUANTITIES AT THE TIME OF AWARD
The Purchaser reserves the right to increase or decrease the quantity of goods including
services up to 20 percent of the Contract Price without any change in unit rates or other
terms and conditions during the execution of the contract.
1.32.0 PURCHASER’S RIGHT TO ACCEPT ANY BID AND TO REJECT ANY OR
ALL BIDS The Purchaser reserves the right to accept or reject any bid, and to annul the bidding
process and reject all bids at any time prior to award of Contract, without thereby incurring
any liability to the affected bidder or bidders or any obligation to inform the affected bidder
or bidders of the grounds for the Purchaser‟s action.
Page 26 VOL I
SECTION I I
1.33.0 NOTIFICATION OF AWARD
Prior to the expiration of the period of bid validity, the Purchaser will notify the successful
bidder in writing by registered letter or by fax, that his bid has been accepted. This letter
(hereinafter and in the condition of contract called „Letter of Award‟) shall name the sum
(hereinafter called the `Contract Price‟) which the JKPDC will pay to the contractor in
consideration of the execution of this contract.
The notification of award will constitute the formation of the contract.
Upon the successful bidder's furnishing of performance security, the Purchaser will
promptly notify each unsuccessful Bidder and will discharge their bid security.
1.34.0 PERFORMANCE SECURITY
Within Thirty (30) days of the receipt of letter of award from the Purchaser but not later
than the date of signing of Contract Agreement, the successful bidder shall furnish to the
JKSPDC, performance security in the form of a Bank Guarantee for an amount equal to
10% (Ten percent) of the contract price in accordance with the Conditions of Contract.
The performance security provided by the successful bidder in the form of an irrevocable
Bank Guarantee, shall be in favour of Executive Engineer, Generation Division LJHP
Baramulla, Power Development Corporation J & K issued by any nationalized / scheduled
Indian Bank. The Bank Guarantee Shall be on the proforma attached at Annex –III and shall
remain valid until 90 days after the date of issue of Defects Liability Certificate.
SIGNING OF CONTRACT
Within Thirty (30) days of receipt of Letter of Award, the successful bidder or his authorized
representative shall attend the office of Chief Engineer, Generation Wing Kashmir for
signing of the Contract Agreement. The proforma for Agreement is attached at Annex-XII
Page 28 VOL I
SECTION I I
SECTION - II
GENERAL CONDITIONS OF CONTRCT
CONTENTS
CLAUSE TITLE PAGE
NO.
CLAUSE-1: DEFINITIONS ...................................................................................................4
CLAUSE-2 DUTIES AND POWERS OF ENGINEER-IN-CHARGE AND ENGINEER-
IN-CHARGE‟S REPRESENTATIVE: .............................................................7
CLAUSE-3 ASSIGNMENT OF CONTRACT .....................................................................8
CLAUSE-4 SUBLETTING: ..................................................................................................8
CLAUSE-5: LANGUAGE(S) AND LAW .............................................................................9
CLAUSE-6: DRAWINGS ......................................................................................................9
CLAUSE-7: CONTRACTOR‟S GENERAL RESPONSIBILITIES ..................................10
CLAUSE-8 : CONTRACT AGREEMENT: ........................................................................15
CLAUSE-9 : PERFORMANCE SECURITY .......................................................................15
CLAUSE 10: INSPECTION OF SITE ..................................................................................16
CLAUSE-11 : SUFFICIENCY OF BID: ................................................................................16
CLAUSE-12 : WORK TO BE IN ACCORDANCE WITH THE CONTRACT ....................17
CLAUSE-13: PROGRAMME TO BE FURNISHED: ..........................................................17
CLAUSE-14 : CONTRACTOR‟S SUPERINTENDENCE ...................................................18
CLAUSE-15: CONTRACTOR‟S EMPLOYEES .................................................................18
CLAUSE-16: SAFETY, SECURITY AND PROTECTION OF THE ENVIRONMENT:
.................................................................................................................... 19
CLAUSE-17: OBLIGATIONS OF THE JKSPDC .................................................................19
CLAUSE-18: LABOUR .........................................................................................................19
CLAUSE-19: INDEMNIFICATION .....................................................................................20
CLAUSE-20: WORKMANSHIP AND MATERIALS ..........................................................20
CLAUSE-21: INSPECTION AND TESTING: ......................................................................20
CLAUSE-22: SUSPENSION OF WORKS, TRANSPORTATION OR ERECTION: ..........22
CLAUSE-23: TIME FOR COMPLETION, EFFECTIVE DATE AND COMMENCEMENT
DATE: .............................................................................................................23
Page 29 VOL I
SECTION I I
CLAUSE-24: LIQUIDATED DAMAGES FOR DELAY (NOT AS PENALTY) ................23
CLAUSE-25: PENALTY: ………………………..………………………………………….23
CLAUSE-26: TESTS ON COMPLETION: ............................................................................23
CLAUSE-27: TAKING OVER ...............................................................................................25
CLAUSE -28: DEFECTS AFTER TAKING OVER ............................................................ 26
CLAUSE-29: VARIATIONS ..................................................................................................28
CLAUSE-30: PAYMENT TERMS AND MODE OF PAYMENT ........................................30
CLAUSE-31: CURRENCIES FOR PAYMENTS ...................................................................31
CLAUSE-32: RISK AND RESPONSIBILITY: ......................................................................31
CLAUSE-33: CARE OF THE WORKS AND PASSING OF RISK ......................................32
CLAUSE-34: DAMAGE TO PROPERTY AND INJURY TO PERSONS ............................33
CLAUSE-35: LIMITATIONS OF LIABILITY ......................................................................33
CLAUSE-38: DEFAULT ........................................................................................................36
CLAUSE-40: TAXES AND DUTIES .....................................................................................37
CLAUSE-41: OWNERSHIP ...................................................................................................37
CLAUSE-42: ARBITRATION ...............................................................................................37
CLAUSE-43: TERMINATION OF CONTRACT FOR JKSPDC‟s CONVENIENCE ..........37
CLAUSE-44: JOINT VENTURES ..........................................................................................38
CLAUSE-45: LIABILITY PERIOD .......................................................................................38
CLAUSE-46: PERIODIC PROGRESS REPORT: ..................................................................38
CLAUSE-47: DEMURRAGE, WHARFAGE ETC: ...............................................................38
Page 30 VOL I
SECTION I I
SECTION - II
GENERAL CONDITIONS OF CONTRACT
CLAUSE-1: DEFINITIONS:
In the Contract, as hereinafter defined, the following words and expressions shall have the
meanings hereby assigned to them, except where the context otherwise requires:
i) „JKPDC‟/ „Purchaser/Owner‟ means the Jammu & Kashmir Power
Development Corporation and the legal successor in title to the JKPDC
who will employ the contractor.
ii) „Contractor/Supplier‟ means the person or persons, firm or company,
group of firms or Joint Venture, who has been awarded the work by the
JKSPDC and includes the Contractor‟s personnel, representatives, and
successors and permitted assigns.
iii) „Engineer-in-Charge‟ means the Executive Engineer, Generation
Division LJHP Baramulla or his legal representative from time to time
for the purpose of contract or such other officer representing the order
placing authority.
iv) “Works” shall include both permanent Works and Temporary Works or
either of them as appropriate and shall mean supply of Goods and
Services.
v) “Temporary Works” means all temporary Works of every kind other than
Contractor‟s plant, equipment and machinery required in or about the
execution and completion of the Works and remedying of any defects
therein.
vi) “Permanent Works” means the permanent Works to be executed in
accordance with the Contract.
vii) The „Goods‟ means all the equipment, machinery and/or other materials
which the Contractor is required to supply to JKSPDC under the Contract.
viii) „Services‟ means services ancillary to the supply of Goods such as but not
limited to transportation and insurance from ex-works till defect liability
Page 31 VOL I
SECTION I I
A. Indian /J&K Electricity Act.
B.
C.
Indian / J&K Factory Act.
Explosive Act.
D.
E.
Petroleum Act.
Other Indian or Internationally approved
standard
rules,
period, handling, storage and preservation at store/site, erection, testing,
painting, commissioning of goods, training and other such obligations of
the Contractor covered under the Contract.
ix) „Contract‟ means the agreement entered into between JKPDC and the
Contractor as recorded in the Form of Agreement, signed by both the
parties including all attachments and appendices thereto and all documents
incorporated by reference there in.
x) „Contract Price‟ means turnkey job price quoted by the contractor in his
bid with additions/deletions as may be agreed and incorporated in the letter
of award for the entire scope of the works.
xi) „Plant‟ and „Equipment‟ or „Machinery‟ means and include plant,
equipment, machinery, tools, appliances, other implements of all
description or things of whatsoever nature other than the Temporary
Works required in or about the execution and completion of the Works and
remedying of any defects therein but does not include materials or other
things intended to form or forming part of the Permanent Works.
xii) „Specifications‟ means the specifications of Works included in the
Contract and any modification thereof or addition thereto or deduction
there from as may, from time to time, decided by JKPDC and/or
submitted by the Contractor and approved in writing by the Engineer
Incharge.
xiii) „Site‟ means the places where the Works are to be executed and any other
places as may be specifically designated in the Contract as forming part of
Site.
xiv) „Store‟ means the place where the goods supplied under this Contract are
stored by the Contractor near to the Project site. Such place will be treated
as forming part of site.
xv) „Approved‟ means approved in writing, including subsequent written
confirmation of previous verbal approval and „approval‟ means approval
in writing, including as aforesaid.
xvi) Chief Engineer means, Chief Engineer Generation Wing Kmr JKPDC
xvii) Managing Director means Technical and Administrative Head of the
project.
xviii) „GoI‟ means The Government of India.
xix) “Codes” Shall mean the various acts enforced and various test codes and
standards including latest amendments thereof like:-
regulations pertaining the subject matter of the contract.
Page 32 VOL I
SECTION I I
xx) „Sub-Contractor‟ means the party or parties having direct contract with
the Contractor and to whom any part of the Works has been sublet by
the Contractor with the consent, in writing, of the Engineer-in-Charge and
the legal successors in title to such person, but not any assignee of any
such person.
xxi) “Guarantee period/Maintenance period” means the period during which
the contractor shall remain liable for repair or replacement of any defective
part of the works performed under the contract.
xxii) “Latent defects” shall mean such defects caused by faulty design material,
Metallurgy or workmanship which cannot be detected during inspection,
testing etc. based on the technology available for carrying out such tests.
xxiii) “Delivery” shall be deemed to take place on deliver of the equipment in
accordance with the terms and conditions of the contract after test and
inspection by the purchaser or his authorized agent to the consignee.
xxiv) “Commercial Operation” Shall means the condition of operation in which
the complete machinery and equipment covered under the contract is
officially declared by the owner to be available for continuous operation at
different loads upto and including rated capacity/overload capacity. Such
declaration by the owner however shall not relieve or prejudice the
contractor of any of his obligations under the contract.
xxv) „Manufacturer‟ means the party proposing to design and/or manufacture
the Goods as specified, complete or in part.
xxvi) „Letter of Award‟ means the letter from JKPDC or Chief Engineer
conveying award of Works subject to such reservations as may have been
stated therein.
xxvii) „Tests on Completion‟ means the tests specified in the Contract or
otherwise agreed to by JKPDC and the Contractor to be performed before
the Works are taken over by JKPDC.
xxviii) „Day‟ means a day from midnight to midnight.
xxix) „Month‟ means from the beginning of a given date of a calendar month to
the end of the preceding date of the next calendar month.
xxx) „Week‟ means seven consecutive days.
xxxi) „Quarter‟ means a period of three consecutive months starting from
January, April, July and October i.e. January to March, April to June, July
to September and October to December.
xxxii) „Near Relative‟ means wife/husband, parents and grand parents, children,
first cousins, brothers-in-law, sisters-in-law and parents-in-law.
xxxiii) „Rupees‟ means Rupees in Indian Currency.
Page 33 VOL I
SECTION I I
xxxiv) Words in singular number shall include the plural number and vice-versa
where the context so requires. „He‟ shall include „She‟ and vice – versa.
xxxv) „IS‟ Means Indian Standard specifications with latest amendments or
revision as currently in force at the time of execution of the Works.
xxxvi) „Bill of Quantities‟/Price Schedule‟ means the priced and completed bill
of quantities.
XXXVII) „Project Manager‟ means the person appointed from time to time by the
Contractor and notified in writing to the JKPDC to act as the in-charge
for the purpose of the Contract. The Project Manager shall have a
minimum of 10 years‟ experience in the related field, out of which at least
5 years‟ experience shall be at executive level “in construction of Hydro
Power Stations with allied Substations.”
CLAUSE-2 DUTIES AND POWERS OF ENGINEER-IN-CHARGE AND
ENGINEER-IN-CHARGE’S REPRESENTATIVE:
i) The Engineer-in-Charge shall carry out the duties specified in the Contract.
ii) The Engineer-in-Charge may exercise the authority specified in or necessarily
to be implied from the Contract, provided however, that if the Engineer-in-
Charge is required to obtain the specific approval from a Competent
Authority before exercising any such authority, he will do so and convey the
decision to the Contractor.
iii) The Engineer-in-Charge‟s Representative will be appointed by and be
responsible to the Engineer-in-Charge and will carry out such duties and
exercise such authority as may be delegated to him by the Engineer-in-Charge
under Sub Clause (iv) of this Clause. He shall have no authority to relieve the
Contractor of any of his duties or obligations under the Contract nor, except as
expressly provided hereunder or elsewhere in the Contract, to order any work
involving delay or any extra payment by the JKPDC, nor to make any
variation in the Works.
iv) The Engineer-in-Charge may, from time to time delegate to the Engineer-in-
Charge‟s Representative any of the powers and authorities vested in the
Engineer-in-Charge and he may at any time revoke such delegation. Any
communication issued by the Engineer-in-Charge‟s Representative to the
Contractor in accordance with such delegation shall have the same effect as
though it had been issued by the Engineer-in-Charge. Provided that
a. any failure of the Engineer-in-Charge‟s Representative to
disapprove any work or materials shall not prejudice the authority
of the Engineer-in-Charge thereafter to disapprove such work or
materials and to give instructions for the removal or for the
rectification thereof.
b. If the Contractor questions any communication of the Engineer- in-
Charge‟s Representative, he may refer the matter to the
Engineer-in-Charge who will confirm, reverse or vary the contents
of such communication.
Page 34 VOL I
SECTION I I
v) The Engineer-in-Charge may have any number of persons to assist the
Engineer-in-Charge‟s Representative in carrying out of his duties. Such
assistants shall have no authority to issue any instructions to the Contractor,
except in so far as such instructions may be necessary to enable them to carry
out their duties and to secure their acceptance of materials, plant, equipment
and machinery or workmanship as being in accordance with the Contract,
and any instructions given by any of them for those purposes shall be deemed
to have been given by the Engineer-in-Charge‟s Representative.
vi) Instructions given by the Engineer-in-Charge shall be in writing, provided that
if for any reason the Engineer-in-Charge considers it necessary to give any
such instruction orally, the contractor shall comply with such instruction.
Confirmation in writing of such oral instruction given by the Engineer-in-
Charge, whether before or after carrying out of the instruction shall be
deemed to be an instruction within the meaning of this sub-clause. Provided
further that if the Contractor, within seven days, confirms in writing to the
Engineer-in-Charge any oral instructions of the Engineer-in-Charge and such
confirmation is not contradicted in writing within seven days by the Engineer-
in-Charge, it shall be deemed to be an instruction of the Engineer-in-Charge.
The provisions of this sub-Clause shall equally apply to instructions given
by the Engineer-in-Charge‟s Representative and any assistants of the
Engineer-in-Charge or the Engineer-in-Charge‟s Representative pursuant to
Sub-Clause (v).
CLAUSE-3 ASSIGNMENT OF CONTRACT
The Contractor shall not, without the prior consent of the JKPDC, assign the Contract or
any part thereof, or any benefit or interest therein or there under, otherwise than by:
(i) a charge in favour of the Contractor‟s bankers of any monies due or to become
due under the Contract, or
(ii) assignment to the Contractor‟s insurers (in cases where the insurers have
discharged the Contractor‟s loss or liability) of the Contractor‟s right to obtain
relief against any other party liable.
CLAUSE-4 SUBLETTING:
(i) The Contractor shall not sublet the whole of the Works except where
otherwise provided by the Contract; the Contractor shall not sublet any part
of the Works without the prior written consent of the Engineer-in-Charge.
However, any such consent shall not relieve the Contractor from any liability
or obligation under the Contract and he shall be responsible for the acts,
defaults and neglects of any sub-contractor, his agents, servants or workmen
as fully as if they were the acts, defaults or neglects of the Contractor, his own
agents, servants or workmen. Provided that the Contractor shall not be
required to obtain such consent for :
a) The provision of labour, or b) The purchase of materials which are in accordance with the
standards specified in the Contract, or
c) The subletting of any part of the Works for which the sub-
contractor is named in the Contract.
(ii) The Contractor shall furnish un-priced copies of the major sub-contracts
Page 35 VOL I
SECTION I I
to JKPDC, wherever these are executed. This action would, however, not
involve JKPDC in any complications arising between the Contractor and his
sub-contractor(s) or any other liabilities. This action would also be without
prejudice to the provision under this Clause.
(iii) In the event of a sub-contractor having undertaken the Contract in respect of
the work executed or the goods, materials, plant, equipment and machinery or
services supplied by such sub-contractor, any continuing obligation extending
for a period exceeding that of the Defects Liability Period or its extension
under the Contract, the Contractor shall at any time, after the expiration of
such period, assign to the JKPDC, the benefit of such obligation for the
unexpired duration thereof.
CLAUSE-5: LANGUAGE(S) AND LAW:
i a) The Contract Documents shall be drawn up in English. All correspondence
and documents relating to the Contract, exchanged by the Contractor and
JKPDC, shall be submitted in the prescribed form in English. All supporting
documents and printed literature in connection with the Contract shall be
preferably in English. In case the supporting documents and printed literature
are in any other language, these shall be accompanied by an appropriate
translation in English and in that case, for the purpose of interpretation, the
English translation shall govern.
b) The governing law to which the Contract is to be subjected and according to
which the Contract is to be construed shall be the Law for the time being in
force in Jammu and Kashmir and within the jurisdiction of Courts of Jammu
& Kashmir at Srinagar.
ii Documents Mutually Explanatory
Several documents forming the Contract are to be taken as mutually
explanatory of one another, but in case of ambiguities or discrepancies, the
documents shall take precedence in the order in which they are set out in the
CLAUSE-6: DRAWINGS:
i) After the award of Contract the supplier & purchaser will hold co-ordination
meetings to finalize steps to be taken to implement the Contract including
procedure for submission of drawings & approval thereof in such a manner &
procedures which would bring out workable solution to step by step process.
ii) One copy of the approved drawings shall be kept by the Contractor on the site
and the same shall, at all reasonable times be available for inspection and
use by the Engineer-in-Charge and the Engineer-in-Charge‟s Representative
and by any other person authorized by the Engineer-in-Charge.
CLAUSE-7: CONTRACTOR’S GENERAL RESPONSIBILITIES:
The contractor shall with due care and diligence execute and complete the
work and remedies and defects therein in accordance with the provisions of
the contract. The contractor shall provide all superintendence, labour, material,
plant, contractor‟s equipment and all other things, whether of a temporary or
permanent nature required in and for such execution, completion and
remedying of and effects, so far as the necessity for providing the same is
Page 36 VOL I
SECTION I I
specified in or is reasonably to be inferred from the contract.
(i) Contractor to carry out Work with care and diligence.
The Contractor shall, in accordance with the Contract and with due care and
diligence, design, manufacture, assemble, test at manufacturer‟s Works before
dispatch, transport to site, store and preserve, assemble and erect, test and
commission the Goods and carry out the Works within the Time for
Completion. The Contractor shall also provide all necessary plant, equipment
and machinery, superintendence, labour and all necessary facilities required
for completion of works thereof.
(ii) Contractor Responsible for Stability and Safety of Site Operations.
The Contractor shall take full responsibility for the adequacy, stability and
safety of all site operations and methods of execution, notwithstanding any
approval by the Engineer-in-Charge. The Contractor shall provide, at his cost
sufficient illumination, and around the place of work to the satisfaction of
Engineer-in-Charge. Further, Contractor shall follow the safety precautions as
covered in Section-VI of this Document.
(iii) Instructions and Orders in Site Order Book.
All instructions and orders given by the Engineer-in-Charge or his
Representative at site are to be maintained in the Site Order Book and shall be
taken to have been conveyed to the Contractor for his compliance.
(iv) Contractor’s Site Office.
The Contractor must have a site office to receive normal correspondence
between 10.00 AM and 5 PM on working days and urgent correspondence at
any time on all days.
(v) Shift Works
To achieve the required progress, the Work, may be required to be carried out
round the clock. The time for completion and number of working days shall
not be affected by the number of shifts each day. No extra amount on account
of any shift work is payable to the Contractor.
Whenever the work is carried out in shifts, notice to this effect shall be given
by the Contractor to the Engineer-in-Charge regarding the details of Works he
intends to carry out in shifts so that necessary supervision arrangements can be
made.
(vi) Contractor to keep Site Clean
a) During the progress of the Works, the Contractor shall keep the site
reasonably free from all unnecessary obstructions and shall remove
from site any of his plant, equipment and machinery, surplus
material or temporary works, no longer required. The Contractor
shall also keep the site clean, tidy and orderly at all times and
remove from site any wreckage, rubbish, scrap, packing material
etc. promptly.
Page 37 VOL I
SECTION I I
b) In case the Contractor does not keep the area clean and if found
necessary to get the area cleaned, the Engineer-in-Charge shall
issue a notice of forty eight hours to the Contractor. In the event of
non-compliance by the Contractor, the Engineer-in-Charge shall
get the area cleaned by some other agency. The cost of such
cleaning shall be borne by the Contractor. In case of rubbish,
accumulating due to deposition by more than one Contractor, the
share of charges to be borne by the Contractors as indicated by the
Engineer-in-Charge shall be final.
(vii) Clearance of Site on Completion
On the completion of the Works, the contractor shall clear away and remove
from the Site all his plant, equipment and machinery, surplus materials,
rubbish and Temporary Works of every kind, and leave the whole of the Site
and Works clean and in a workman like condition to the satisfaction of the
Engineer-in-Charge
(viii) Giving of Notices, Payment of Fees and Compliance with Statutes and
Regulations etc.
a) Giving of Notices and Payment of Fees
The Contractor shall give all notices and pay all fees required to be
given or paid under any National or State Statute, Ordinance, or
other Law, or any regulation, or bye-law of any local or other duly
constituted authority in relation to the execution of Works and by
the rules and regulations of all public bodies and companies whose
property or rights are affected or may be affected in any way by the
Works.
b) Compliance with Statutes, Regulations etc.
The Contractor shall conform, in all respects, with the provisions of
any such Statute, Ordinance or Law as aforesaid and the regulation
or bye-law of any local or other duly constituted authority which
may be applicable to the Works and with such rules and regulations
of public bodies and companies as aforesaid and shall keep the
JKSPDC indemnified against all penalties and liability of every
kind for breach of any such Statute, Ordinance or Law, regulation
or bye-law.
c) Statutory Obligations
If the cost to Contractor in the performance of the Contract shall be
increased or reduced by reasons of the making, passing or
promulgation of any law after 30 days prior to the latest date of
submission of bids, in J&K or any order, regulation or by-law
having the force of the law, the amount of such an increase or
reduction shall be added to or deducted from the Contract Price as
the case may be.
(ix) Opportunities for Other Contractors
(a) The Contractor shall, in accordance with the requirements of the
Engineer-in-Charge, afford all reasonable opportunities for
carrying out their Works to:
- any other Contractors employed by the JKSPDC, and workmen,
Page 38 VOL I
SECTION I I
and
- the workmen of the JKSPDC, and
- the workmen of any duly constituted authorities who may be employed in the execution on or near the Site of any work not
included in the Contract or of any Contract which the JKSPDC
may enter into in connection with or ancillary to the Works.
(b) The Contractor shall jointly use with other Contractors and the
JKSPDC, approach roads, access roads and adits, drainage and
other facilities. The use of other Contractor‟s facilities shall be
coordinated by the Engineer-in-Charge between the Contractors, if
required, for execution of the Works connected with the project.
(Cost, if any, on this account shall be settled between the
Contractors concerned).
The use of common facilities shall be coordinated by the Engineer-
in-Charge through meetings of various parties. In case of any
conflict, the decision of the Engineer-in-Charge in the matter shall
be binding on all the parties.
(c) If any part of the Contractor‟s work depends, for proper execution
or results, upon the work of any other Contractor, the Contractor
shall inspect and promptly report in writing to the Engineer-in-
Charge, any defects in such work that render it unsuitable for such
proper execution and results. His failure to inspect and report shall
constitute an acceptance of other Contractor‟s work as fit and
proper for the reception of his own work, except as to defects,
which may develop in the other Contractor‟s work after the proper
execution of his own work.
(x) Packing
a) The Contractor shall provide such packing of the Goods as is
required to prevent their damage or deterioration during transit to
the final destination as indicated in the Contract. The packing shall
be sufficient to withstand, without limitation, rough handling
during transit and exposure to extreme temperatures, humid and
salt laden climate (where applicable) and precipitation during
transit and open storage. Packing case size and weights shall take
into consideration, the remoteness of the Goods‟ final destination,
the existing road condition and the absence of heavy handling
facilities at all points in transit.
b) Project storage site
The Contractor shall submit instructions for packing, handling,
marking, storage code and documentation within and outside the
package for approval by the Engineer-in-Charge. The packing,
handling, marking, storage code and documentation within and
outside the package shall comply strictly with such instructions.
These instructions can be modified/ changed at any time during the
execution of works by the Engineer-in-Charge and Contractor shall
comply with such instructions.
Page 39 VOL I
SECTION I I
(xi) Delivery and Documents
a) Delivery of the Goods shall be made by the Contractor in
accordance with the terms specified in the Contract. The
Contractor shall warrant that the goods supplied under the Contract
are new, unused, of most recent or current models and incorporate
all recent improvements in design and materials unless provided
otherwise in the Contract. The Contractor further warrants that the
goods supplied under this Contract shall have no defect arising
from design, materials workmanship, installation or erection or
from any act of omission of the supplier that may develop under
normal use of supplied goods in conditions available at site.
b) The Contractor shall carryout all the required tests at his works as
per approved Quality Assurance Plan. No material/goods shall be
dispatched unless required shop tests have been performed and
Material Dispatch Clearance Certificate (MDCC) has been issued
by the Engineer-in-Charge after witnessing the tests.
c) The Contractor shall request the Engineer-in-Charge for issue of
MDCC as under:
i) In case tests at works are not to be witnessed by JKPDC,
Contractor shall carryout these tests through reputed and
recognized test houses of India and submit the test certificates to
Engineer-in-Charge along with request for issue of MDDC for that
component.
ii) In case test at works are to be witnessed by JKPDC, Contractor
shall submit test certificates to the Engineer-in-Charge after such
inspection along with a request for issue of MDCC for that
component.
iii) MDCC shall be issued within 15 (fifteen) days after the approval of
test certificates. The Contractor shall be responsible for arranging Import License and Customs
clearance (wherever required). The JKPDC will assist the Contractor where
required, in arranging Import License and Import Duty exemption certificate and
obtaining clearance through the Customs. Any assistance that the JKSPDC can
give to the Contractor shall be provided on a “no responsibility basis”.
(xii) Communication and Transport
The nearest connected railway station is Udampur and is connected to the site by
a metalled road. The equipment is required to pass en-route through Jawahar
Tunnel .The approximate weights and max. dimensions of the packages suitable
for transportation are as follows:-
Through Tunnel En-route
1. Length = 2500 m
2. Width = 3.0 m
3.
Height
=
4.55 m
4.
Weight
=
40 Ton (metric)
Page 40 VOL I
SECTION I I
In view of the restrictions imposed on transportation dimensions due to Jawahar
Tunnels on Jammu Srinagar route the Contractor shall make all necessary
arrangements in consultations with Beacon authorities
(xiii) Transportation and Storage/Preservation
(a) The Contractor is required under the Contract to undertake transportation of goods
from FOB/Ex-works to Project Site including clearing, forwarding and handling at
port of entry, storage and preservation at site, intermediate location (if any) and
further transportation to work site, including handling wherever required. All
necessary transportation equipment including lifting and handling equipment shall
be provided and/or hired by the Contractor at his own cost.
(b) Where the Contractor is required to affect delivery under any other terms, for
example, by post or to another address, the Contractor shall be required to meet all
the expenses until delivery on the site.
(xiv) Spare Parts & Consumables
(a) The Contractor shall carry sufficient inventories to assure ex-stock supply of
consumable such as gaskets, plugs, SF6 gas bottles, washers, bolts etc. Other spare
parts and components shall be supplied as promptly as possible but in any
case within three months of placement of order.
(b) The Contractor may be required to provide any or all of the following materials and
notifications pertaining to spare parts manufactured or distributed by the Contractor.
i) Such spare parts as the JKSPDC may elect to purchase from the Contractor,
provided that its selection shall not relieve the Contractor of any warranty
obligations under the Contract; and
ii) In the event of termination of production of the spare parts or their
distribution, by the Contractor, the contractor shall give;
Advance notification to the JKPDC of the pending termination, in sufficient time, to permit
the JKPDC to procure the needed requirements, and
Following such termination, furnishing at no cost to JKPDC, the blue-prints, drawings, and
specifications of the spare parts if and when requested.
(c) It shall be mandatory for the Contractor to specify the unit rates and prices for the
mandatory spare parts specified in the Schedule of Prices. The JKSPDC, however,
reserve the right, during the execution of Contract, to vary the quantity of
mandatory spare parts specified in the Schedule of Prices.
(xv) Quality Assurance
In order to ensure that the Goods to be supplied under this Contract and the civil works to be
executed meet the specification requirements, the Contractor shall prepare a comprehensive
quality assurance plan and submit the same within 30 days after commencement date of
the Contract to the Chief Engineer Generation Wing JKSPDC W ing, Kashmir for approval.
Page 41 VOL I
SECTION I I
CLAUSE-8 : CONTRACT AGREEMENT:
The Contractor shall, when called upon to do so, enter into and execute a Contract Agreement
in the Proforma (Annex-XII), with such modification as may be necessary.
CLAUSE-9 : PERFORMANCE SECURITY:
(i) For the due performance of the Contract, the Contractor shall, within 30 (Thirty)
days of receipt of notification of award but not later than the date of signing of the
Contract Agreement, furnish to the JKPDC, a performance security for an amount
equivalent to 10 (ten) percent of the Contract Price. The cost of complying with the
requirements of this Clause shall be borne by the Contractor, unless the Contract
otherwise provides.
(ii) The performance security shall be in the form of an irrevocable Bank
Guarantee on the Proforma (Annex-III). The Bank Guarantee shall be in favour
of the Executive Engineer, Generation Division USHP-II Kangan issued by any
Nationalized /Scheduled Indian Bank.
(iii) The proceeds of the performance security shall be payable to JKSPDC as
compensation for any loss, resulting from Contractor‟s failure to complete his
obligation under the Contract.
(iv) The performance security shall be valid until 90 days after the date of issue of Defects
Liability Certificate. No claim shall be made against the performance security after the
issue of the Defects Liability Certificate and the performance security will be
discharged and returned to the Contractor thirty days after the Defects Liability Period.
(v) If the completion of last Defects Liability Period is extended due to the delays
attributable to the Contractor, he shall, at his own cost, get the validity period of Bank
Guarantee extended. The Contractor shall furnish the extended revised Bank
Guarantee one month before the expiry date of the Original Bank Guarantee or any
extension thereof. In case the extended/revised Bank Guarantee is not received by
JKSPDC within the specified period, the JKSPDC, entirely at its discretion, shall be
at liberty to en-cash the aforesaid Bank Guarantee.
CLAUSE 10: INSPECTION OF SITE: (i) The Contractor shall be deemed to have inspected and examined the Site and its
surroundings and information available in connection therewith and to have satisfied
himself, as to
(a) the form and nature thereof
(b) the hydrological and climatic conditions
(c) the extent and nature of work, materials and water for construction necessary
for the execution and completion of the Works and remedying of any defects
therein, and
(d) the means of access to the Site and the accommodation he may require and, in
general, shall be deemed to have obtained all necessary information as to risks,
contingencies and all other circumstances.
(ii) The Contractor shall be responsible for the interpretation of any data supplied by the
JKPDC.
Page 42 VOL I
SECTION I I
CLAUSE-11 : SUFFICIENCY OF BID:
The Contractor shall be deemed to have satisfied himself as to the correctness of the rates and
prices stated in the Schedule of Prices, all of which shall, except in so far as it is
otherwise provided in the Contract, cover all his obligations under the Contract and all
matters and things necessary for the proper execution and completion of the Works and
remedying of any defects therein.
CLAUSE-12 : WORK TO BE IN ACCORDANCE WITH THE CONTRACT:
The Contractor shall execute and complete the Works and remedy any defects therein in strict
accordance with the Contract to the satisfaction of the Engineer-in-Charge and shall comply
with and adhere strictly to the Engineer- in-Charge‟s instructions and directions on any
matter whether mentioned in the Contract or not, touching or concerning the Works. The
Contractor shall take instructions and directions only from the Engineer-in-Charge, or, subject
to the limitations referred to in Clause-2 hereof, from the Engineer-in- Charge‟s
Representative.
CLAUSE-13: PROGRAMME TO BE FURNISHED:
(i) The Contractor shall within 30 days after the Commencement Date, submit to the
Engineer-in-Charge, for his approval a detailed work programme in Primavera or
Microsoft Projects along with 2 sets of CDs of same indicating the following:
(a) The order in which the Contractor proposes to carryout the Works (including design,
manufacture, supply, erection, testing and commissioning) so as to complete the
works within specified time schedule.
(b) The times when submission and approval of the Contractor‟s drawings are required
(time frame for this shall conform to that set out under Clause-6 hereof).
(c) The times by which the Contractor requires the JKSPDC
- to furnish data/specification drawings, if any
- to have completed any other associated Works
The approval by the Engineer-in-Charge of the programme shall not relieve the Contractor
from any of his obligations under the Contract.
(ii) The programme shall cover activities on the site and procurement and delivery
activities and no material alteration to such programme shall be made without prior
approval of Chief Engineer Generation Wing JKPDC
(iii) The programme shall be in the form of a network diagram which shall show in detail
and in orderly sequence all activities, their descriptions, duration, and dependencies
or precedence‟s, necessary to the completion of the Works.
(iv) The Contractor shall base his programme on the completion times and periods and
other relevant Contract requirements and shall co-ordinate his programme with
information given to him by the Engineer-in-Charge concerning the project
programme and programme of other Contractors to be engaged on the site to the
extent that this can be done within the framework of the periods and information
available at the time.
(v) The Contractor shall, supply to the Engineer-in-Charge, at such times as he may
Page 43 VOL I
SECTION I I
direct during the progress of the Works, such written particulars, photographs and
information as are reasonably required by the Engineer-in Charge to enable a
progress record to be maintained in respect of the Works.
(vi) The Contractor shall also submit a narrative report periodically with updated
analysis which shall include but not be limited to the description of the problem
areas, current and anticipated, delaying factors and their impact and an explanation
of the corrective actions taken or proposed.
CLAUSE-14 : CONTRACTOR’S SUPERINTENDENCE:
The Contractor shall provide all necessary superintendence during the execution of the
Works and as long thereafter as the Engineer-in-Charge may consider necessary for the
proper fulfilling of the Contractor‟s obligations under the Contract. The Contractor, or a
competent and authorize representative approved of in writing by the Engineer-in-Charge,
which approval may at any time be withdrawn, shall give his whole time to the
superintendence of the Works. Such authorized representative shall receive on behalf of the
Contractor, instructions from the Engineer-in-Charge or subject to the provisions of Clause-2
hereof the Engineer-in-Charge‟s Representative. If approval of the representative is
withdrawn by the Engineer-in-Charge, the Contractor shall, as soon as is practicable, having
regard to the requirement of replacing him as herein after mentioned, after receiving notice
of such withdrawal, remove the representative from the Works and shall not thereafter employ
him again on the Works in any capacity and shall replace him by another representative
approved by the Engineer-in-Charge.
CLAUSE-15: CONTRACTOR’S EMPLOYEES:
(i) The Contractor shall provide on the Site in connection with the execution and the
completion of the Works and the remedying of any defects therein;
(a) only such technical assistants as are skilled and experienced in their
respective trades and such foremen and leading hands as are competent to
give proper superintendence of the Works; and
(b) such skilled, semi-skilled and unskilled labour as is necessary for the proper
and timely fulfilling of the Contractor‟s obligations under the Contract.
(ii) The Engineer-in-Charge shall be at liberty to object to and require the
Contractor to remove forthwith from the Works any person provided by the
Contractor who in the opinion of the Engineer-in- Charge, misconducts himself,
or is incompetent or negligent in the proper performance of his duties, or
whose presence on the site is otherwise considered by the Engineer-in-Charge
to be undesirable and such persons shall not be again allowed upon the Works
without the written consent of the Engineer-in-Charge. Any person so removed
from the Works shall be replaced as soon as possible by a competent substitute
approved by the Engineer-in-Charge.
CLAUSE-16: SAFETY, SECURITY AND PROTECTION OF THE ENVIRONMENT:
The Contractor shall, throughout the execution and completion of the Works and the
remedying of any defects therein;
(i) have all the regard for the safety of all persons entitled to be on the site and keep the
site (so far as the same is under his control) and the Works (so far as the same are not
completed or taken over by the JKPDC) in an orderly state appropriate to the
Page 44 VOL I
SECTION I I
avoidance of danger to such persons, and
(ii) provide and maintain, at his own cost all lights, guards, fencing, warning signs
and watching, when and where necessary or required by the Engineer-in- Charge
or his representative or by any duly constituted authority, for the protection of
the machines, equipment, Works or for the safety and convenience of the public or
others, and
(iii) take all reasonable steps to protect the environment on and off the site and to avoid
damage or nuisance to persons or to property of the public or others resulting
from pollution, noise or other causes arising as a consequence of his methods of
operation, and shall preserve and protect all existing vegetation such as trees on or
adjacent to the site which do not unreasonably interfere with the execution of the
Works. The Contractor shall be held responsible for all unauthorized cutting of and
damage to trees, by careless operation of his plant, equipment and machinery and
stockpiling of materials etc. and the JKPDC shall have no responsibility on this
account.
CLAUSE-17: OBLIGATIONS OF THE JKPDC:
(i) Access to and Possession of the Site
The JKPDC shall, in reasonable time grant the Contractor access to and possession of the
site, which may, however, not be exclusive to the Contractor.
CLAUSE-18: LABOUR:
The Contractor shall make his own arrangements for the engagement of all labour, local or
otherwise, and their payment, housing, feeding and transport. The contractor shall comply
with all the relevant labour laws applicable to the contractor‟s personnel including laws
relating to their employment, health, safety, welfare and shall allow them all their legal
rights. The contactor shall require his employees to obey all applicable laws, including those
concerning safety at work. Further, the contractor should provide and maintain all necessary
accommodation and welfare facility for the contractor‟s personnel and shall not permit any
of the contractor‟s personnel to maintain any temporary or permanent living quarters within
the structure forming part of the permanent works.
The Contractor shall, deliver to the Engineer-in-Charge or Engineer-in- Charge‟s
Representative or at his office, a return in detail in such form and at such intervals as the
Engineer-in-Charge may prescribe showing the supervisory staff and the number of the
several classes of labour from time to time employed by the Contractor on the site and such
information in respect of the Contractor‟s plant, equipment and machinery as the Engineer-
in-Charge may require.
CLAUSE-19: INDEMNIFICATION During the execution of work as envisaged in the scope of work, material required to be transported to the works site of firm‟s workshop outside the state for which firm shall submit an indemnity bond pledged to Executive Engineer Generation Division L J H P for an amount equal to the cost of the material taken outside the state for refurbishment. The indemnity bond shall remain valid till the refurbished parts shall be received back in Power house, LJHP, duly verified by concerned officer of JKPDC
CLAUSE-20: WORKMANSHIP AND MATERIALS:
(i) Manner of execution
The goods to be supplied shall be manufactured and all Works to be done shall be executed in
the manner set out in the Contract.
Page 45 VOL I
SECTION I I
Where the manner of manufacture and execution is not set out in the Contract, the Work shall
be executed in a proper and workman like manner in accordance with recognized good
practice.
(ii) Covering up work
The Contractor shall give the Engineer-in-Charge full opportunity to examine, measure and
test any work on site which is about to be covered up or put out of view.
The Contractor shall give due notice to the Engineer-in-Charge whenever such work is ready
for examination, measurement or testing.
The Engineer-in-Charge shall then, unless otherwise, notify the Contractor that he
considers it unnecessary, without unreasonable delay carry out the examination,
measurement or testing.
(iii) Uncovering work
If so instructed by the Engineer-in-Charge, the Contractor shall expose any parts of the
works. The Contractor shall reinstate and make good such works to the satisfaction of the
Engineer-in-Charge.
CLAUSE-21: INSPECTION AND TESTING:
(i) Independent Inspection
The Engineer-in-Charge shall have the right to inspect and/or to test the goods to confirm
their conformity to the Contract specifications at no extra cost to the Purchaser. The
Technical Specifications shall specify the inspection and tests required by Engineer-in-
Charge. The Engineer-in-Charge may, delegate inspection and testing of contracted
equipment or a part thereof to an independent Inspector and such independent Inspector
shall be considered as the Engineer-in-Charge‟s Representative. Notice of such appointment
shall be given by the Engineer-in-Charge to the Contractor.
(ii) Inspection and Testing During Fabrication/Manufacture of supply items
Any departmental representative or independent inspector nominated by Chief Engineer
Generation Wing Kashmir shall be entitled during fabrication/manufacture to inspect, examine
and test the materials and workmanship and check the progress of fabrication/manufacture
of the Goods to be supplied under the Contract. This shall take place on the Contractor‟s
premises. If the Goods are being fabricated/manufactured on other premises, the
Contractor shall obtain permission from the Engineer-in-Charge to carry out such inspection,
examination and testing on those premises.
The contractor shall certify that his persons conducting the tests are qualified specialist on the
subject matter of relevant tests.
No such inspection, examination or testing shall release the Contractor from any obligation
under the Contract.
(iii) Dates for Inspection and Testing
The Contractor shall give at least 21 days notice to the Chief Engineer, Generation wing his
intention to carry out the tests. The Contractor shall agree with the Chief Engineer, Generation
Wing Kashmir about the time and place for the testing of the Goods as provided in the
Page 46 VOL I
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Contract. The inspector nominated by Chief Engineer, Generation wing Kashmir shall give
the Contractor at least 24 hours‟ notice of his intention to attend the tests.
(iv) Facilities for Testing
Where the Contract provides for tests on the premises of the Contractor or of any sub-
contractor, the Contractor shall provide such assistance, documents, labour, materials,
electricity, fuel, apparatus and instruments as may be necessary to carry out the tests
efficiently.
(v) Rejection
If, as a result of the inspection, examination or testing, the Engineer–in-Charge or his
representative decides that any work is defective or otherwise not in accordance with the
Contract, he may reject such work and shall notify the Contractor thereof immediately. The
notice shall state the Engineer-in- Charge‟s objections with reasons.
The Contractor shall then, with all speed, make good the defect or ensure that any rejected
work complies with the Contract.
If the Engineer-in-Charge requires such Works to be re-tested, the tests shall be repeated
under the same terms and conditions. All costs incurred for the repetition of the tests shall be
borne by the Contractor.
CLAUSE-22: SUSPENSION OF WORKS, TRANSPORTATION OR ERECTION:
(i) Order to Suspend
The Engineer-in-Charge or his representative may, at any time instruct the Contractor to:
(a) Suspend progress of the Works, or
(b) Suspend transportation of the Goods, if fabricated/ manufactured at a place other than on
the site, which are ready for transportation to the site at the time specified in the
programme, or if no time is specified, at the time appropriate for it to be transported,
or
(c) Suspend the erection of the Goods which have been delivered to the site
The Contractor shall, during suspension, protect and secure the Works or Goods affected at
the Contractor‟s Works or elsewhere or on the site, as the case may be, against any
deterioration, loss or damage.
(ii) Cost of Suspension
The additional cost, if any, incurred by the Contractor in protecting, securing and insuring
the Works or the Goods in following the Engineer-in-Charge or his representative‟s
instructions under Sub-clause (i) of this Clause and in resumption of the Work, shall be
added to the Contract Price.
The Contractor shall not be entitled to be paid any additional costs if such suspension is
necessary by reason of some default on the part of Contractor.
The Contractor shall not be entitled to additional costs unless he notifies the Engineer-in-
Charge or his representative of his intention to make such claim, within 30 days after receipt
of the order to suspend progress or transportation or erection.
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(iii) Suspension Lasting more than 90 days
If suspension under Sub-Clause (i) of this clause has continued for more than 90 days, and
the suspension is not due to Contractor‟s default, the Contractor may, by written notice to
the Engineer- in-Charge, request for permission within 30 days after the expiry of the above
period to proceed with the Works.
If permission is not granted within that time, the Contractor may treat the suspension as
an omission, of the section it affects or if the suspension affects the whole of the Works, as an
abandonment of the Contract by the JKSPDC.
CLAUSE-23: TIME FOR COMPLETION, EFFECTIVE DATE AND
COMMENCEMENT DATE:
Time for completion of the job is the essence. The completion period of this supply shall be 180 days from the date of issuance of the work contract. It shall be complete responsibility of the contractor/firm to plan and execute the complete work contract in the span of time specified.
The bidder shall be deemed to have fully accounted/informed himself regarding the nature of supply, specification, site conditions, prevailing circumstances, weather conditions etc. The contractor/firm shall before signing the tender document satisfy himself/herself and any ambiguity thereon shall be the advantage of the corporation.
The offer quoted by the contractor/Firm shall be valid for a period of 300 days that will be counted from the date of opening of price bids. In case withdrawal of the offer by any tenderer during the validity period, his/her earnest money shall be fortified in addition to other remedies to the Executive Engineer under law that includes black listing also.
CLAUSE-24: LIQUIDATED DAMAGES FOR DELAY (NOT AS PENALTY) If the Contractor fails to complete the Work as specified in Clause 23 hereof, the purchaser shall, without prejudice to its other remedies under the Contract, deduct the amount from running bills and also from deposits of the contractor due or which may become due to the Contractor, as liquidated damages (which is a genuine pre-estimate agreed by the parties hereto of the loss or damage which the purchaser would have suffered on account of delay without giving any proof of the loss or damages) a sum equivalent to 0.5% of the Contract price per week of delay or part thereof subject to a maximum of 5% of the Contract price.
The payment or deduction of such damages shall not relieve the Contractor from his
obligations to complete the works or from any of his obligations and liabilities under the
Contract.
CLAUSE-25: PENALTY.
Penalty shall be levied on the firm proportionate to discharge available and average
generation from any machine in operation as per prevailing sale rate per unit on day to day
basis for the delay period beyond 180 days from the date of handing over of machine to the
firm.
CLAUSE-26: TESTS ON COMPLETION:
(i) Notice of Tests The Contractor shall give to the Engineer-in-Charge, fifteen days‟ notice of the date after
which he will be ready to make the Tests on completion hereinafter called the Tests. Unless
otherwise agreed, the Tests shall take place within fifteen days after the said date, on such day
or days as the Engineer-in- Charge notifies the Contractor.
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SECTION I I
(ii) Time for Tests
If the Engineer-in-Charge fails to notify a time after having been asked to do so, or does not
attend at the time and place notified, the Contractor shall again give Engineer Incharge 10
Days notice failing which the contractor shall be entitled to proceed with the Test in his
absence and such tests shall be deemed to have been carried out in the presence of Engineer-in-
Charge.
(iii) Delayed Tests
If the Tests are being unduly delayed by Contractor, the Engineer-in-Charge may, by a
notice, require the Contractor to make the Tests within twenty one days after the receipt of
such notice. The Contractor shall make the Tests on such days within that period as the
Contractor may fix and of which he shall give notice to the Engineer-in-Charge.
If the Contractor fails to make the Tests within twenty one days, the Engineer- in-Charge may
himself proceed with the Tests. All Tests so made by the Engineer-in-Charge shall be at
the risk and cost of the Contractor and the cost thereof shall be deducted from the Contract
Price. The Tests shall then be deemed to have been made in the presence of the Contractor
and the results of the Tests shall be accepted as accurate.
(iv) Facilities for Tests on Completion
Except where otherwise specified, the Contractor shall provide, at his cost, such labour,
materials, electricity, fuel, apparatus, and other necessary equipments as may be required to
carry out the Tests.
(v) Re-Testing
If the Works or any section fails to pass the Tests, the Engineer-in-Charge may require such
Tests to be repeated on the same terms and conditions. The costs on account of repetition of
the Tests under this Sub-Clause or under Sub- Clause-28 (vii) hereof shall be borne by the
Contractor.
(vi) Disagreement as to Results of Tests
If the Engineer-in-Charge and the Contractor disagree on the interpretation of the Test
results, each shall give a statement of his views to the other within fourteen days after such
disagreement arises. The statement shall be accompanied by all relevant evidence. In case of
such disagreement, the decision of Chief Engineer, Generation Wing shall be final.
(vii) Consequences of Failure to Pass Tests on Completion
If the Works or any section fails to pass the Tests on the repetition thereof under Sub-
Clause (v) of this Clause, the Engineer-in-Charge shall be entitled to:
(a) order one further repetition of the Tests under the conditions of Sub-Clause (v) of
this Clause, or
(b) reject the Works or section in which event the contractor shall replace that part of
work or section without any cost to the purchaser within reasonable time without
affecting the completion schedule. Testing on this part of work or section shall be
performed in the presence of Engineer-in charge or his representative as per
procedure specified above.
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SECTION I I
(viii) Use by the JKPDC
In considering the results of Tests carried out under Sub-Clauses –27 (iii), 27 (iv) and 28 (vii)
hereof, the Engineer-in-Charge shall make allowances for the effect of any use of the Works
by the JKSPDC on the performance or other characteristics of the Works.
(ix) Test Certificate
As soon as the Works or any section thereof has passed the Tests, a joint protocol shall
be signed based upon which the Engineer-in-Charge shall issue a Certificate to the
Contractor to that effect within seven days of signing the protocol and submission of all
relevant documents.
CLAUSE -27: DEFECTS AFTER TAKING OVER:
(i) Defects Liability Period
a) The expression “ Defects Liability Period” shall mean a period of
36 months from the date the Works are taken over under Clause-
27 (i) hereof and the Taking Over Certificate is issued in
accordance with Clause-27 (ii) hereof b) Where any part of the Works is taken over separately, the Defects
Liability Period for that part shall commence on the date it was
taken over.
(ii) Notice of Defects
If any defect appears or damage occurs during the defect liability period, the
Engineer-in-Charge shall forthwith notify the Contractor thereof. However,
delay or failure of the Engineer-in-Charge in notifying shall not relieve the
Contractor from his liability for remedying the defects at his own cost.
(iii) Making Good Defects
Upon the receipt of such notice the Contractor shall be responsible for making
good any defect in or damage to any part of the Works which may appear or
occur during the Defects liability Period and which arises from either;
(a) any defective materials, workmanship or design, or
(b) any act or omission of the Contractor during the Defects Liability
Period.
The Contractor shall make good the defect or damage as soon as practicable
but not later than 45 days and at his own cost.
(iv) Extension of Defects Liability Period
The provisions of this shall apply to all replacements or renewals carried out
by the Contractor as if the replacement and renewals had been taken over on
the date they were completed.
The Defects Liability Period for the Works shall be extended by a period equal
to the period during which the Works cannot be used by reasons of a defect or
damage. If only a part of the Works is affected, the Defect Liability Period
shall be extended only for that part.
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SECTION I I
(v) Failure to Remedy Defects
If the Contractor fails to remedy a defect or damage within a time stipulated in
clause 28(iii), the Engineer-in-Charge may fix a final time for remedying the
defect or damage.
(a) If the Contractor fails to do so, the Engineer-in-Charge may carry out the work
himself or by others at the Contractor‟s risk and cost. The costs actually
incurred by the Engineer-in-Charge in remedying the defect or damage shall
be recovered from any payments due or which may become due to the
Contractor.
(vi) Removal of Defective Work
If the defect or damage is such that repairs cannot be expeditiously carried out
on the site, the Contractor may, with the consent of the Engineer-in-Charge
and after furnishing a proper security acceptable to the JKSPDC in case the
item is paid for, remove from the site, for the purposes of repair, any part of
the Works which is defective or damaged.
(vii) Further Tests on Completion
If the replacements or renewals are such that they may affect the performance
of the Works, the Engineer-in-Charge may request that the Tests on
Completion be repeated to the extent necessary. The request shall be made by
notice within thirty days after the replacement of renewal. The Tests shall be
carried out in accordance with Clause-26 hereof.
(viii) Right of Access
Until the Final Certificate of Payment has been issued, the Contractor shall
have the right of access to all parts of the Works and to records of the working
and performance of the Works.
Such right of access shall be during the JKSPDC‟s normal working hours at
the Contractor‟s risk and cost. Access shall also be granted to any duly
authorised representative of the Contractor, whose name has been
communicated in writing to the Engineer-in-Charge.
Subject to the Engineer-in-Charge‟s approval, the Contractor may also, at his
own risk and cost, make any tests which he considers desirable.
(ix) Defects Liability Certificate
When the Defect, Liability Period for the Works or any part thereof has
expired and the Contractor has fulfilled all his obligations under the Contract
for defects in the Works or that part, the Engineer-in-Charge shall issue,
within ninety days, to the Contractor, a Defects Liability Certificate to that
effect.
No certificate other than the Defects Liability Certificate referred to herein
above shall be deemed to constitute approval of the Works.
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SECTION I I
(x) Exclusive Remedies
The JKSPDC‟s remedies under this Clause shall be in place of and to the
exclusion of any other remedy in relation to defects whatsoever.
CLAUSE-29: VARIATIONS:
(i) The JKSPDC may make any variation in the form, quality or quantity of the
Works or any part thereof or substitution for original specifications and
instructions that may, in his opinion be necessary and for that purpose, or if
for any other reason it shall, in his opinion be desirable, he shall have power to
order the Contractor to do the following and the Contractor shall do the same;
a) Increase or decrease the quantity of any work included in the
Contract, Omit or substitute any such work,
b) Change the drawings, designs specifications, character or quality or
kind of any such work,
c) Change the levels, lines, positions and dimensions of any part of
the Works,
d) Execute additional work of any kind necessary for the completion
of the Works,
e) Change any specified sequence, method or timing of construction
of any part of the Works,
f) Change method of despatch or packing, and
g) Change the place of delivery.
No such variations shall in any way vitiate or invalidate the Contract. Any
altered, additional or substituted work which the Contractor may be directed to
do in the manner above specified as part of the Work, shall be carried out by
the Contractor on the same conditions in all respects on which he agreed to do
the main Work.
The contractor may also at any time propose variations of the Works to the
Engineer-in-Charge.
(ii) Procedure to order variation
The Engineer-in-Charge shall notify the Contractor of the nature and form of
the variation considered necessary. After having received such notice, the
Contractor shall submit to the Engineer-in-Charge.
a) a description of work, if any, to be performed and a programme for
its execution, and
b) the Contractor‟s proposal for any modifications to the programme,
if considered necessary, and
c) the Contractor‟s proposals for adjustment to the Contract Price.
Following the receipt of the Contractor‟s submission, the Engineer-in-Charge
shall, decide as soon as possible whether or not the variation shall be carried
out.
If the Engineer-in-Charge decides that the variation shall be carried out, he
Page 52 VOL I
SECTION I I
shall notify the Contractor to proceed with the variations. If the Engineer-in-
Charge and the Contractor are unable to agree the adjustment of the Contract
Price, the provisions of Sub-Clause (iii) of this Clause shall apply.
(iii) Disagreement on Adjustment of the Contract Price
If the Contractor and the Engineer-in-Charge are unable to agree on the
adjustment of the Contract Price, the adjustment shall be determined in
accordance with the rates specified in the Schedule of Prices.
No payment shall be made for the items of Work ordered to be omitted.
Varied items and additional items of Work which are not provided in the
Schedule of Prices, shall be paid on the basis of actual expenditure relating to
that item including cost of materials, fabrication/machinery handling and
installation at site plus 25% (twenty five percent) towards overheads including
profits.
The price of varied items determined by the Engineer-in-Charge and approved
by Chief Engineer, Generation Wing Kashmir shall be final and binding on the
Contractor. No claim of the Contractor shall be entertained by JKSPDC in
this regard.
(iv) Contractor to Proceed
On receipt of the notification to proceed with the variations, the Contractor
shall forthwith proceed to carry out the variation and be bound to these
conditions in doing so as if such variation was stated in the Contract.
The work shall not be delayed pending the granting of an extension of the time
for completion or an adjustment to the Contract Price under Sub-Clause (iii) of
this Clause and the Contractor shall execute the varied work at the same terms
and conditions provided in the Contract.
(v) Records of costs
In any case where the Contractor is instructed to proceed with a variation prior
to the determination of the adjustment to the Contract Price in respect thereof,
the Contractor shall keep records of the cost of undertaking the variation and
of time expended thereon. Such records shall be open to inspection by the
Engineer-in-Charge at all reasonable times.
CLAUSE-30: PAYMENT TERMS AND MODE OF PAYMENT:
The terms of payment for various activities under the contract are as under :-
(i) No Advance Payment shall be made.
(ii) 80% of payment shall be released after successful commissioning of debris barrier boom and monitoring the performance of barrier boom for atleast 15 days which shall be authenticated by Executive Engineer Generation Division LJHP (Engineer Incharge)
(iii) 10% payment shall be released after trouble-free operation of barrier for one month from the date of commissioning of barrier which shall be authenticated by Executive Engineer Generation Division LJHP (Engineer
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SECTION I I
Incharge) (iv) Balance 10% payment shall be made after completion of Defect liability
period as envisaged in Clause 27 of Bid Document. The certificate for successful completion of DLP shall be issued by Executive Engineer Generation Division LJHP (Engineer Incharge)
CLAUSE-31: CURRENCIES FOR PAYMENTS:
The Payments shall be made in Indian Rupees.
CLAUSE-32: CARE OF THE WORKS AND PASSING OF RISK:
(i) Contractor’s Responsibility for the Care of the Works.
The Contractor shall be responsible for the care of the Works or any section
thereof from the Commencement Date until the Risk Transfer Date applicable
thereto under Sub-Clause (ii) of this Clause.
The Contractor shall also be responsible for the care of any part of the Works
upon which any outstanding work is being performed by the Contractor during
the Defects Liability Period until completion of such outstanding work.
(ii) Risk Transfer Date
The Risk Transfer Date in relation to the Works or a section thereof is the
earliest of either:
(a) the date of issue of the Taking Over Certificate, or
(b) the date when the Works are deemed to have been taken over in
accordance with Clause-27 hereof, or
(c) the date of expiry of the notice of termination when the Contract is
terminated by the JKSPDC in accordance with these Conditions.
(iii) Passing of Risk of Loss or of Damage to the Works
The risk of loss or of damage to the Works or any section thereof shall pass
from the Contractor to the JKSPDC on the Risk Transfer Date applicable
thereto.
(iv) Loss or Damage Before Risk Transfer Date
Loss of or damage to the Works or any section thereof occurring before the
Risk Transfer Date shall:
(a) to the extent caused by any of the Contractor‟s risks, be made good
forthwith by the Contractor at his own cost, and
(b) to the extent caused by any of the JKSPDC‟s Risks, be made good
by the Contractor at the JKSPDC‟s expense if so required by the
Engineer-in-Charge within thirty days of the occurrence of the loss
or damage. The price for making good such loss and damage shall
be in all circumstances reasonable and shall be agreed by the
JKSPDC and the Contractor, or in the absence of agreement, the
Page 54 VOL I
SECTION I I
JKSPDC shall fix a reasonable price which shall be final and
binding.
(c)
(v) Loss or Damage after Risk Transfer Date
After the Risk Transfer Date, the Contractor‟s liability in respect of loss of or
damage to any part of the Works shall, except in the case of gross misconduct,
be limited:
(a) to the fulfillment of the Contractor‟s obligations under Clause-28
hereof in respect of defects therein, and
(b) to making good forthwith loss or damage caused by the Contractor
during the Defects Liability Period.
CLAUSE-33: DAMAGE TO PROPERTY AND INJURY TO PERSONS:
(i) Contractor’s Liability
Except as provided under Sub-Clause (iii) of this Clause, the Contractor shall
be liable for and shall indemnify the JKSPDC against all losses, expenses and
claims in respect of any loss of or damage to physical property, death or
personal injury occurring before the issue of the last Defects Liability
Certificate to the extent caused by;
(a) defective design, material or workmanship of the Contractor.
(b) negligence or breach of statutory duty of the Contractor, his sub-
contractors or their respective employees and agents.
(ii) JKSPDC’s Liability
The JKSPDC shall be liable for and shall indemnify the Contractor against all
losses, expenses or claims in respect of loss of or damage to any physical
property or of death or personal injury whenever occurring, to the extent
caused by any of the JKSPDC‟s Risks.
(iii) Accidents
The Contractor shall be liable for and shall indemnify the JKSPDC against all
losses, expenses or claims arising in connection with the death of or injury to
any person employed by the Contractor or his sub-contractors for the
purposes of the Works.
CLAUSE-34: LIMITATIONS OF LIABILITY:
(i) Liability after expiration of Defects Liability Period
The Contractor shall have no liability to the JKSPDC for any loss of or
damage to the JKSPDC‟s physical property which occurs after the expiration
of the Defects Liability Period unless caused by gross misconduct of the
Contractor.
(ii) Exclusive Remedies
The JKSPDC and the Contractor intend that their respective rights, obligations
and liabilities as provided for in these conditions shall alone govern their
rights under the Contract and in relation to the Works.
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SECTION I I
Accordingly, the remedies provided under the Contract in respect of or in
consequence of:
a) any breach of Contract, or
b) any negligent act or omission, or death or personal injury, or
c) loss or damage to any property
are to be to the exclusion of any other remedy that either may have against the
other under the law governing the Contract or otherwise.
(iii) Mitigation of Loss or Damage
In all cases the party claiming a breach of Contract or a right to be indemnified
in accordance with the Contract shall be obliged to take all reasonable
measures to mitigate the loss or damage.
CLAUSE-35: FORCE MAJEURE
(i) Definition of Force Majeure
Force Majeure means any circumstances beyond the control of the parties,
including but not limited to:
a) war and other hostilities, (whether war be declared or not),
invasion, act of foreign enemies, requisition or embargo; b) rebellion, revolution, insurrection, military or usurped power and
civil war;
c) Ionizing 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 or of his sub-contractors. e) Earthquake affecting Contractor‟s work.
(ii) Effect of Force Majeure Neither party shall be considered to be in default or in breach of his
obligations under the Contract to the extent that performance of such
obligations is prevented by any circumstances of Force Majeure which arise
after the date of the Letter of Award or the date when the Contract becomes
effective, whichever is the earlier.
(iii) Notice of Occurrence
If either party considers that any circumstances of Force Majeure have
occurred which may affect performance of his obligations, he shall promptly
notify the other party.
(iv) Performance to Continue
Upon the occurrence of any situation of Force Majeure, the Contractor shall
endeavor to continue to perform his obligations under the Contract so far as
reasonably practicable. The Contractor shall notify the Engineer-in-Charge of
the steps he proposes to take including any reasonable alternative means for
performance which is not prevented by Force Majeure. The Contractor shall
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SECTION I I
not take any such steps unless directed so to do by the Engineer-in-Charge.
(v) Termination in Consequence of Force Majeure
If circumstances of Forces Majeure have occurred and shall continue for a
period of twelve months then, notwithstanding that the Contractor may by
reason thereof has been granted an extension of Time for Completion of
the Works, either party shall be entitled to serve upon the other 30 days‟ notice
to terminate the Contract. If at the expiry of the period of 30 days, Force
Majeure shall still continue, the Contract shall be terminated.
(vi) Payment on Termination for Force Majeure
If the Contract is terminated under Sub-Clause (vi) of this Clause, the
Contractor shall be paid the value of the work done.
The Contractor shall also be entitled to receive;
a) the amounts payable in respect of any preliminary items so far as
the work or service comprised therein has been carried out and a
proper proportion, as certified by the Engineer-in-Charge, of any
such item in which the work or service comprised has only been
partially carried out,
b) the cost of materials or goods reasonably ordered for the Works or
for use in connection with the Works which have been delivered to
the Contractor or of which the Contractor is legally liable to accept
delivery. Such materials or goods shall become the property of
JKSPDC when paid for by it and the Contractor shall place the
same at the JKSPDC‟s disposal,
c) the amount certified by the Engineer-in-Charge, being the amount
of any expenditures which in the circumstances was reasonably incurred by
the Contractor in the expectation of completing the whole of the Works
insofar as such expenditure shall not have been covered by any other
payments referred to in this Sub-Clause.
d) The force majeure clause shall in no case include any strikes /
bandhs or law and order situations.
CLAUSE-36: DEFAULT:
(i) Notice of Default If the Contractor is not executing the Works in accordance with the Contract
or is neglecting to perform his obligations there under so as to seriously
affect the carrying out of the Works, the Engineer-in-Charge or his
representative may give notice to the Contractor requiring him to make good
such failure or neglect.
(ii) Contractor’s Default If the Contractor;
(a) has failed to comply, within a reasonable time, with a notice under
Sub-Clause ( i ) of this Clause, or
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(b) assigns the Contract or subcontracts the whole or part of the Works
without the JKSPDC‟s written consent, or
(c) Becomes bankrupt or insolvent, has a receiving order made against
him or compounds with his creditors, or carries on business under a
receiver, trustee or manager for the benefit of his creditors or goes
into liquidation.
The JKSPDC may, after having given seven days‟ notice to the Contractor,
terminate the Contract and expel the Contractor form the site. Any such
expulsion and termination shall be without prejudice to any other rights or
powers of the JKSPDC under the Contract. The JKSPDC may upon such
termination, complete the Works itself or by any other Contractor.
(iii) Valuation at Date of Termination
The Engineer-in-Charge shall, as soon as possible after such termination,
certify the value of the Works and all sums then due to the Contractor as at the
date of termination in accordance with Clause-30 hereof.
(iv) Payment after Termination
The JKSPDC shall not be liable to make any further payments to the
Contractor until the Works have been completed and the Defects Liability
Period is over. The JKSPDC shall be entitled to recover from the Contractor
the extra costs, if any, of completing the Works after allowing for any sum due
to the Contractor under Sub-Clause (iii) of this Clause. If there is no such extra
cost, the JKSPDC shall pay any balance due to the Contractor.
(v) Effect on Liability for Delay
The Contractor‟s liability under Clauses-24 and 25 hereof shall immediately
cease when the JKSPDC expels him from the site without prejudice to any
liability there under that may have already accounted.
CLAUSE 37- Price adjustment or variation
The prices for execution of entire works covered under the scope of the
specification shall be quoted by the bidder in the manner specified in bidders
price schedule. A contract price shall be considered firm and binding up to
present assumed completion date.
CLAUSE-38: TAXES AND DUTIES:
The prices shall include all duties, levies and taxes that may be levied according
to the Laws and regulation.
CLAUSE-39: OWNERSHIP:
i. Transfer of title in respect of Machinery and Equipment Supplied by
the contractor to JKPDC pursuant to the terms of the contract shall
pass on J&KPDC with negotiations of dispatch documents.
ii. This transfer of title shall not be constructed to mean the acceptance
and the consequent “Taking Over” of equipment and material. The
contractor shall continue to be responsible for quality and performance
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of such machinery, equipment and material and for their compliance
with the specifications until “Taking Over” and fulfillment of
guarantee provision of this contract
iii. The transfer of title shall not relieve the contractor from responsibility
for all risks of loss or damage to machinery, equipment and material as
specified under the insurance clause.
CLAUSE-40: ARBITRATION:
In case the disputes are not resolved mutually in accordance with the terms of this
order, the matter shall be referred for arbitration. The arbitrator shall be appointed by
Managing Director JKSPDC, whose decision shall be final and binding on both the parties.
“The Arbitral Tribunal shall not have any right / jurisdiction to award any
interest on claim which is determined by it in the arbitration proceedings conducted by
the tribunal”
CLAUSE-41: TERMINATION OF CONTRACT FOR JKPDC’s CONVENIENCE:
(i) The Chief Engineer, Generation Wing Kashmir JKPDC shall be entitled to
terminate this Contract at any time for the JKPDC‟s convenience after
recording sufficient reasons and getting approval from the relevant contract
committee after providing the contractor an opportunity of being heard for
which 30 days prior notice shall be given to the contractor by the Executive
Engineer, in-charge project with a copy to the Engineer, in-charge..
(ii) In the event of such termination, the Contractor shall be paid by the JKPDC as provided in Sub-Clause – 37 (vii) hereof.
CLAUSE-42: JOINT VENTURES:
If the Contractor is a joint venture or consortium, all partners of the joint venture shall
be jointly and severally liable to the JKPDC for the execution of the entire Contract
in accordance with its terms.
CLAUSE-43: LIABILITY PERIOD:
The final payment by the purchaser in pursuance of the contract shall mean the release
of the contractor from all his liabilities under the contract. Such final payments shall be made
only at the end of defect liability period and till all such time all the contractual liabilities and
responsibilities of the contractor shall prevail. All other payments made under the contract
shall be treated as on account payments.
CLAUSE-44: PERIODIC PROGRESS REPORT:-
During the progressive stages of the work in pursuance of contract the contractor shall
at his own cost submit periodic progress reports as may be reasonably required by Engineer
in charge or his representative with all relevant charts networks, Photographs, test
certificates etc. such progress reports shall be in the form and size as may be required by
the Engineer Incharge and shall be submitted in triplicate.
CLAUSE-45: DEMURRAGE, WHARFAGE ETC:- All demurrage, wharfage and other expenses incurred due to delayed clearances of the
material or any reason shall be on account of the contractor,
Page 59 VOL I
SECTION I I
CLAUSE-46: MANUALS: The contractor shall furnish five sets of the bound copies of erection, commissioning
and operation maintenance manuals giving detailed instructions procedures and precautions
for all the equipments to be purchased. The manuals shall be specific to the equipment
supplied and the work carried out and not of general nature. Five sets of these manuals shall
be supplied with each set of equipment /work.
Vol I Section III
ANNEXURES
CONTENTS
ANNEX NO.
TITLE PAGE
NO.
I PROFORMA OF BID (FOR TECHNICAL
BID)
1-2
II PROFORMA FOR BANK GUARANTEE FOR
BID SECURITY
3
III PROFORMA FOR BANK GUARANTEE FOR
PERFORMANCE SECURITY
4
IV INDEMNITY BOND 5-6
V PROFORMA FOR CONTRACT
AGREEMENT
7-9
VI DECLARATION 10
VII TECHNICAL TERMS & CONDITIONS 11
VIII COMMERCIAL TERMS & CONDITIONS 12
IX WORK COMPLETION SCHEDULE 13
X QUALIFICATION REQUIREMENT
DETAILS
14
XI
PROFORMA FOR JOINT VENTURE
AGREEMENT
15-17
XII
PROFORMA FOR LIST OF EQUIPMENT
TOOLS & TACKLES
18
XIII
PROFORMA FOR KEY PERSONAL
PROPOSED FOR THE PROJECT
19
PROFORMA OF BID (FOR TECHNICAL BID)
:
Tender Notice No. : From :
To :
Sub: Bid for
(Description of works)
Dear Sir,
ANNEX - I
With reference to Bidding Documents under your letter No. dated
, we, the undersigned, having examined the Bidding Documents
including corrigenda/addenda for the execution of the above named Work, offer to
execute and complete the whole of the Works in conformity with the said Bidding
Documents.
We confirm that the Bid Security amounting
to (in words and in
figures) in the form of as prescribed in Clause 1.17 of the “Information &
Instructions" has been submitted.
We confirm that our Bid shall remain valid for one hundred eighty (180) calendar
days from the date of opening of bid and the Bid Security shall remain valid for a
period of two hundred and ten (180) calendar days from the date of opening of
Tenders.
We undertake, (if our bid is accepted), to commence and to complete the whole of the
works comprised in the contract within the time specified by JKSPDC in the Bidding
Documents.
We further confirm that in the event the Bid is accepted, we shall furnish
performance security in accordance with Clause 1.36 of the “Information &
Instructions" towards successful performance of the contract and shall execute the
Contract Agreement in accordance with Clause 1.37 of the “Information &
Instructions".
VOL I SECTION - BID FORMS
Page 1of 37
Vol I Section V Page 2
Unless and until a formal Contract Agreement is executed, this Bid, subsequent
correspondences together with the Letter of Award of JKPDC shall constitute a
binding Contract between us and JKPDC.
We understand that JKPDC is at liberty not to accept the lowest Bid Price. We also
understand that JKPDC is at liberty not to accept any or all Bids and JKPDC is at
liberty to negotiate with Bidder(s) at any stage.
Dated this day of 20 .
(Signature and Full Name)
Firm's address:
Title (affix seal here)
Telephone: Telex:
Cable Address: Fax:
Witness
(Signature and Full Name)
ANNEX - IA
Vol I Section V Page 3
ANNEX – II
PROFORMA FOR BANK GUARANTEE FOR BID SECURITY (Refer Clause 1.17.3, Section I Volume I)
To
The Chief Engineer, Generation Wing Kashmir,
JKPDC Bemina, Srinagar (J&K)
WHEREAS, (Name of the Bidder) (hereinafter called "the
BIDDER") has submitted his bid dated for (Name of Contract) (hereinafter called "the Bid").
KNOW ALL men by these presents we (Name of Bank) of (Name of Country)
having our registered office at (hereinafter called "the
Bank") are bound unto the Chief Engineer, Generation Wing Kashmir, PDD Complex,
Bemina, Srinagar (J&K) in the sum of for which payment
well and truly to be made to the JKPDC, the Bank binds himself, his successors
and assigns by these presents.
SEALED with the Common Seal of the said Bank this day of 20
THE CONDITIONS of this obligation are;
i) If the Bidder withdraws his Bid during the period of bid validity specified in the
Proforma of Bid; or
ii) If the Bidder having been notified of the acceptance of his Bid by the JKPDC during
the period of bid validity;
a) fails or refuses to execute the Proforma of Agreement in accordance with the
Instructions to Bidders, if required; or
b) fails or refuses to furnish the Performance Security, in accordance with the
Instructions to Bidders.
We undertake to pay to the Accounts Officer, with Chief Engineer, Generation Wing
Kashmir up to the above amount upon receipt of its first written demand, provided that in its
demand the Accounts Officer, with Chief Engineer, Generation Wing Kashmir will note that
amount claimed by it is due to it owing to the occurrence of one or both conditions,
specifying the occurred condition or conditions.
This Guarantee will remain in force up to and including the date 210 days after the closing
date of submission of bids as stated in the Information and Instructions and any demand in
respect thereof should reach the Bank not later than the above date.
DATE……………. AUTHORISED SIGNATORY OF THE
BANK
WITNESS……….. SEAL……………. Signature, Name and Address)
Vol I Section V Page 4
ANNEX – III
PROFORMA FOR BANK GUARANTEE FOR PERFORMANCE SECURITY
(Refer Clause 1.36, Section – I Volume I)
To
The Chief Engineer,
Generation Wing Kashmir,
PDD Complex, Bemina, Srinagar (J&K).
WHEREAS (Name and Address of Contractor)…………………….. (herein after called “the
Contractor”) has undertaken, in pursuance of Contract No.……………….. dated…….……..
to execute (Name of Contract and Brief Description of Works)………….(hereinafter called
“the Contract”).
AND WHEREAS it has been stipulated by you in the said Contract that the Contractor shall
furnish you with a Bank Guarantee by a recognized bank for the sum specified therein as
security for compliance with his obligations in accordance with the Contract;
AND WHEREAS we have agreed to give the Contractor such a Bank Guarantee;
NOW THEREFORE, we hereby affirm that we are the Guarantor and responsible to you, on
behalf of the Contractor, up to a total of……………........... (Amount of Guarantee) in words
and figure……………… to be inserted by the Guarantor, representing the percentage of the
Contract Price, specified in the Contract, and we undertake to pay you, upon your first written
demand and without cavil or argument, any sum or sums within the limits of …….........
[Amount of Guarantee] as aforesaid without your needing to prove or to show grounds or
reason for your demand for the sum specified therein.
We hereby waive the necessity of your demanding the said debt from the Contractor before
presenting us with the demand.
We further agree that no change or addition to or other modification of the terms of the
Contract or of the Works to be performed there under or of any of the Contract documents
which may be made between you and the Contractor shall in any way release us from any
liability under this guarantee, and we hereby waive notice of any such change, addition or
modification.
This guarantee is valid until the date 30 days after issue of the last Defects Liability
Certificate.
SIGNATURE AND SEAL OF THE GUARANTOR
Name of Bank
Address
Date
Vol I Section V Page 5
INDEMNITY BOND
THIS INDEMNITY BOND is made this day
ANNEX – IV
, a company incorporated under the
having its Registered Office at
(hereinafter called as “Contractor” or “Obligee” which expression shall include its successors
and permitted assigns) in favour of Chief Engineer, Generation Wing Kashmir and having its
Project site at Ganderbal (J&K)(hereinafter called “JKSPDC” which expression shall
include its successors and assigns):
WHEREAS JKSPDC has awarded to the Contractor a Contract for
of Equipment and materials of vide its Letter of Award/Contract No.
(hereinafter called the “Contract”) in terms of which JKSPDC is required to hand over
various equipment to the Contractor for execution of the Contract.
And WHEREAS by virtue of the said Contract, the Contractor is required to execute an
Indemnity Bond in favour of JKSPDC for the Equipment handed over to it by JKSPDC for
the purpose of performance to the Contract/Storage, Preservation, Erection portion of the
contract (hereinafter called the “Equipment”).
AND THEREFORE, This Indemnity Bond witnessed as follows:
1. That in consideration of various Equipment as mentioned in the Contract, valued
as per attached schedule to be handed over to the Contractor in installments from
time to time for the purpose of performance of the Contract, the Contractor hereby
undertakes to indemnify and shall keep JKPDC indemnified, for the full value of
the Equipment. The Contractor hereby acknowledges actual receipt of the initial
installment of the Equipment etc. as per details in the Schedule appended hereto.
Further, the Contractor agrees to acknowledge actual receipt of the subsequent
installments of the Equipment etc. as required by JKPDC in the form of
Schedules consecutively numbered which shall be attached to this Indemnity
Bond as to form integral parts of this Bond. The Contractor shall hold such
Equipment etc. in trust as a “Trustee” for and on behalf of JKPDC.
2. That the Contractor is obliged and shall remain absolutely responsible for the safe
transit/protection and custody of the Equipment at JKPDC Project site against all
Contractor‟s risks whatsoever till the Equipment are duly used/erected in
accordance with the terms of the Contract and the plant/package duly erected and
commission in accordance with the terms of the Contract is taken over by
JKPDC. The Contractor undertake to keep JKPDC harmless against any loss or
damage that may be caused to the Equipment.
3. The Contractor undertake that the Equipment shall be used exclusively for the
performance/execution of the Contract strictly in accordance with its terms and
conditions and no part of the equipment shall be utilized for any other work or
purpose whatsoever. It is clearly understood by the Contractor that non-
observance of the obligations under this Indemnity Bond by the Contractor shall
inter-alia constitute a criminal breach of trust on the part of the Contractor for all
intents and purpose including legal/penal consequences.
Vol I Section V Page 6
4. That JKPDC is and shall remain the exclusive Owner of the Equipment free
from all encumbrances, charges or liens of any kind, whatsoever. The Equipment
shall at all times be open to inspection and checking by Engineer-in-Charge/his
representative or any other employees of JKPDC authorized by him in this
regard. Further, JKPDC shall always be free at all times to take possession of the
Equipment in whatever form the Equipment may be, if in its opinion, the
Equipment are likely to be endangered, misutilised or converted to use other than
those specified in the Contract, by any acts of omission or commission on the part
of the Contractor or any other person or on account of any reason whatsoever and
the Contractor binds himself and undertakes to comply with the directions or
demand of JKPDC to return the Equipment without any demur or reservations.
5. That this Indemnity Bond is irrevocable. If at any times any loss or damage
occurs to the Equipment or the same or any part thereof if misutilised in any
manner whatsoever, then the Contractor hereby agrees that the decision of the
Engineer-in-Charge/his representative as to assessment of loss or damage to the
Equipment shall be final and binding on the Contractor. The Contractor binds
itself and undertakes to replace the lost and/or damaged Equipment at its own cost
and/or shall pay the amount of loss to JKPDC without any demur, reservation or
protest. This is without prejudice to any other right or remedy that may be
available to JKPDC against the Contractor under the Contract and under this
Indemnity Bond.
6. That any loss or damage as stipulated in Clause-40, Section-II, Volume-I of Bid
document of the equipment and the material during transit, storage, handling,
erection, testing, commissioning & operation and maintenance till the end of
defect liability period at any stage shall be Contractor‟s responsibility and the
replacement of the damaged equipment shall be entirely at Contractor‟s costs
irrespective of the amount and time of receipt of any claim by the Contractor.
And in consideration of the provision of the Letters of Award/Contract
No. , the Contractor has
the obligation to insure the equipment until the Defect Liability Period.
Therefore, the Indemnity Bond shall apply absolutely irrespective of the amount
and time of receipt of any claim.
7. NOW THE CONDITION of the Bond is that if the Contractor shall duly and
punctually comply with the terms and conditions of this Bond to the satisfaction
of JKPDC, THEN, the above Bond shall be void, but otherwise, it shall remain
in full force and virtue.
IN WITNESS WHEREOF, the Contractor has hereunto set its hand through its authorized
representative under the common seal of the Company, the day, month and year first
above mentioned.
Vol I Section V
PROFORMA FOR CONTRACT AGREEMENT (Annexure V)
THIS AGREEMENT IS MADE on this………day of……………..………, BETWEEN the
Governor of Jammu & Kashmir through Jammu & Kashmir Power Development
Corporation (hereinafter called JKPDC) of the one part and (Name of the
Company/Firm/Society) registered under Indian Companies/Societies Act. having its
registered office at -------------------- (hereinafter called “the Contractor”) of the other part.
WHEREAS the JKPDC is desirous that Goods and Services contained in the Package
designated as Contract Package in the Bidding Documents viz. “Survey, Design, Engineering, Fabrication, Supply, Installation, Testing & Commissioning of HDPE Pipe Debris Barrier Boom with pathway at Headworks Barrage LJHP Gantamulla and maintenance of Barrier for 3 years from the date of commissioning envisaged in the
tender should be provided and has by a Letter of Award No. ---------------------- accepted the
offer submitted by the Contractor for the supply of Goods and carrying out the Services.
NOW THIS AGREEMENT WITNESSETH as follows:
1 In this agreement, words and expressions shall have the same meaning as are
respectively assigned to them in the Conditions of the Contract hereinafter referred to.
2 The following documents shall be deemed to form and be read and construed as part of
this Agreement, viz.:
i) This Contract Agreement No. --------------
ii) The Letter of Award issued under JKSPDC letter No. -----------------------------
iii) The Additional Conditions of Contract contained in Volume - I of the Bidding
Documents after carrying out modifications.
iv) The General Conditions of Contract contained in Volume - I of the Bidding
Documents after carrying out modifications.
v) The Technical Specifications contained in Volume - II of the Bidding
Documents after carrying out modifications.
vi) The Price Schedules finalized based on the offer submitted by Name of the
Contractor vide their letter No. --------------------
vii) The offers submitted by Name of the Contractor vide their letter No. ---------
viii) The Model Rules for Health & Sanitary Arrangement for the Contractor‟s
workmen contained in Volume-I of the Bidding Documents.
ix) The Contractor‟s Labour Regulations contained in Volume-I of the Bidding
Documents.
x) The Safety Precautions contained in Volume-I of the Bidding Documents.
xi) The Information and Instructions contained in Volume-I of the Bidding
Documents after carrying out modifications.
3. In addition to above, the following correspondence exchanged between JKPDC
& M/S (Name of the contractor) on various aspects of the officer shall
also form part of Contract.
Vol I Section V
a.
b.
c.
d.
e. and so on
3 The aforesaid documents shall be taken as complementary and mutually explanatory of
one another, but in case of ambiguities or discrepancies, shall take precedence in the
order set out under Para 2 above.
4 In consideration of the payment to be made by the “JKPDC” to the Contractor as
hereinafter mentioned, the Contractor hereby covenants with the JKPDC to execute and
complete the Works and remedy defects if any, therein in conformity, in all
respects with the provisions of the Contract.
5 The Contract Price in respect of this Contract shall be Rs-----------------(Rupees in
words )
6 The JKPDC hereby covenants to pay the Contractor, in consideration of the
execution and completion of the Works, the Contract Price at the time and in the
manner prescribed by the Contract.
7 The documents specified under Para‟s 2 and 3 above shall be designated as under:
Contract Agreement No. -----------------
i) Contract Agreement No. -----------------
ii) Letter of Award: -------------------
iii) Correspondence between Chief Engineer Generation wing ,Kashmir and the
Contractor indicated under S.No.3,
Contract Agreement
i) Information and Instructions
ii) General Conditions of the Contract
iii) Additional Conditions of the Contract
iv) Project Features
v) Model Rules for Health & Sanitary Arrangements for Contractor‟s Workmen.
vi) Contractor‟s Labour Regulations.
vii) Safety Precautions.
viii) Annex – With the Bidding document
Contract Agreement No. (Documents of Technical
Specifications Volumes)
Contract Agreement No. (Documents of Price
Schedules Volumes)
Contract Agreement No.
Vol I Section V
Commercial/Technical Details contained in Name of the Contractor’s offer.
Contract Agreement No. (Price Schedules
Contract Agreement No. (Documents of
specification drawings)
IN WITNESS whereof the parties have hereunto set their respective hands on the day and
year first written above.
SIGNED & DELIVERED
For and on behalf of
Name of the Contractor
For and on behalf of Governor of Jammu &
Kashmir,
Vol I Section V Page 10
ANNEX – XIII
DECLERATION
(To be executed on a non judicial stamp paper of Rs.10.00 with a revenue stamp of Rs.2 affixed)
Name of the Tenderer
Tender No:-
In consideration with of JKPDC having treated the tenderer to be an eligible person
whose tender may be considered ,the tenderer agrees to the conditions laid in the bidding
document and that the proposal in response of the above invitation shall not be withdrawn
within 180 days(or any extension thereof) from the date of opening of the tender, also to the
condition that if here after the Tenderer does withdraw his proposal within the said period
,the earnest money deposited by the tenderer may be forfeited to JKPDC and at the discretion
of the purchaser, the purchaser may debar the tenderer for tendering for a minimum period
of one year reckoned after the date of opening of the tenders.
For and on behalf of Bidder
(Name and Designation of the Authorized
Signatory with Company seal)
WITNESS (With Name & Designation)
1.
2.
Vol I Section V Page 11
ANNEX – VIII
Technical Terms & Conditions
To
The Chief Engineer, Generation Wing, PDC – Bemina
Dear Sir,
Subject: Confirmation for “No Deviation” in technical specifications with their Terms & Conditions of Tender No.
We hereby confirm that tendered material /equipments/machinery shall be conforming
to various requirements of relevant ISS/Specification/orders /GTP/ Bid Document and as per
design and drawing approved without any deviation thereof.
(Signature)…………………………..
Date: Name : ………………………………
Place: Designation : ……………………….
Common Seal ………………………
Vol I Section V Page 12
ANNEX – IX
Commercial Terms & Conditions
To
The Chief Engineer, Generation Wing, PDC – Bemina
Dear Sirs,
Subject: Confirmation for “No Deviation” in Commercial Terms & Conditions of Tender No:- _
We hereby confirm that there is no deviation in commercial terms and conditions
stipulated in the bidding documents and we are agreed to adhere the same strictly.
(Signature)…………………………..
Date: Name : ………………………………
Place: Designation : ……………………….
Common Seal ………………………
ANNEX-X
Work Completion Schedule
Bidders Name & Address:
To
The Chief Engineer, Generation Wing, PDC – Bemina
Dear Sirs,
We hereby confirm that the following Work Completion Schedule shall be followed by
us in supply, erection and commissioning of the equipments and completion of works as
detailed.
S. No. Stage Period in months
1. Commencement Within two months from the date of receipt of work order.
2. Completion of supply, erection, testing and commissioning of ordered work.
Eighteen months thereafter at the following rate.
Time Progressive quantum of work executed in terms of contract value
In 50% of completion time period
40% of contract Value
In 75% of completion time period
70% of contract Value
In 100% of
completion time period
100% of contract Value
(Signature)…………………………..
Date: Name : ………………………………
Place: Designation : ……………………….
Common Seal ………………………
Vol I Section V Page
ANNEX-XI
Qualification Requirements Details:
Works executed during last three years
S. No.
Description of work
Work order Stipulated completion
period
Date of commen cement
Date of Compl etion
Work actually executed as per completion
certificate (Amt. in Rs. lacs)
Remarks
No. & Date
Amount (Rs. in lacs)
Prior to
Durin g
After
1 2 3 4 5 6 7 8 9 10 11
Total
Note:
1) Copy of each work order, Completion report be enclosed. 2) Completion Report must be certified by any Technical Officer only, not below the rank
of Ex. Engineer and should also be duly attested by Notary Public. 3) Furnishing of the completion report of each of work executed specially indicating he
amount. Thereof is essential as the qualification of the bidder shall be determined on the basis. The work experience shall not be counted on account of non furnishing of such documents.
(Signature)…………………………..
Date: Name : ………………………………
Place: Designation : ……………………….
Vol I Section V Page
ANNEX – XII
PERFORMA FOR JOINT VENTURE AGREEMENT
PERFORMA FOR JOINT VENTURE AGREEMENT BETWEEN
AND
TENDER NO:- OF ;
FOR
This joint venture agreement executed on this day of 20 between M/S
a company incorporated under the laws of and having
its registered office at (herein called the “Lead Partner “which
expressions shall include its successors, executors and permitted assigns).
M/S a company incorporated under the laws of
and having its registered office at (herein called
the “Partner “which expressions shall include its successors, executors and permitted assigns)
and M/S a company incorporated under the laws of
and having its registered office at (herein called the “Partner”
which expressions shall include its successors, executors and permitted assigns) for the
purpose of making a bid and into a contract (in case of award) against the Tender Package
No:- for 3rd Unit MHEP Pahalgam( as envisaged in the Bidding
document)of JKPDC incorporated under the companies act of 1956 having its registered
office at (herein called as purchaser/owner). Whereas the Purchaser
invited Bids as per the Tender No:- for Design , Manufacture, Supply,
errection, Testing and commissioning etc. of equipment stipulated in the Bidding Document
under the Package of Survey, Design, Engineering, Fabrication, Supply, Installation,
Testing & Commissioning of HDPE Pipe Debris Barrier Boom with pathway at
Headworks Barrage LJHP Gantamulla and maintenance of Barrier for 3 years
from the date of commissioning as envisaged in the tender.
AND WHEREAS Volume I of the bidding document stipulates that a Joint Venture of Two or more qualified
firms as partners meeting the requirement reproduces as under:-
i) The Proforma for Bid, and in case of successful Bidder, the Proforma of
Agreement shall be signed by all the partners so as to be legally binding on all
partners.
ii) The partner who has the requisite experience as given in the clause 1.2.2 of
this section shall be nominated as Lead Partner and this authorization shall be
evidenced by submitting a power of attorney signed by legally authorized
signatories of all partners;
iii) The Lead Partner shall be authorized to incur liabilities and receive instructions for and on behalf of any and all partners and the entire execution
of the Contract including payments shall be done exclusively with the Lead
Partner;
iv) All partners shall be liable jointly and severally for the execution of the
Contract in accordance with the Contract terms, and a statement to this effect
shall be included in the authorization mentioned under (ii) above as well in the
Proforma for Bid and in the Proforma of Agreement (in case of successful
bidder);
v) A copy of the Joint Venture agreement entered into by all partners stating
clearly the financial and physical stake of each partner shall be submitted with
Vol I Section V Page
the bid. This agreement shall not be materially different from the draft
agreement submitted with the Bidder's application for purchase of Bidding
Documents.
NOW THIS INDENTURE WITNESSED AS UNDER:-
1. In consideration of the award of contract by the Purchaser to the Joint Venture
partners we, the partners to the Joint Ventures agreement do hereby agree that
M/S shall act as the Lead Partner and further declare and
confirm the we shall jointly and severally be bound to the purchaser for successful
performance/completion of services envisaged in the contract.
2. In case of any breach of the said contract by the lead partner or other partner(s) of the
joint venture agreement, the partners including the lead partner do hereby agree to be
fully responsible for the successful performance of the contract and do carry out all
the obligations and responsibilities under the contract in accordance with the
requirement of the contract.
3. Further, if the Purchaser suffers any loss or damage on account of any breach in the
contract or any shortfall in the performance of then equipment in meeting the
performance guaranteed as per the specifications in the Bidding Document, the
partners of these presents undertake to promptly make good such loss or damage
caused to the purchaser, on its demand without any demur. It shall not be necessary or
obligatory for the purchaser to proceed against lead partner to these present before
proceeding against or dealing with the other partner(s)
4. The financially liability of the Partner of this Joint Venture agreement to the
purchaser, with respect to any of the claims arising out of performance or non
performance of the obligation set for the in the said Joint Venture agreement, read in
conjunction with the relevant conditions of the contract shall, however not be limited
in any way so as to restrict or limit the liabilities of any of the Partners of the Joint
Venture Agreement.
5. It is expressly understood and agreed between the Partners to this Joint Venture
agreement that the responsibilities and obligations of each partner shall be as
delineated (To be appended suitably by the Partners) to this joint venture agreement.
It is further agreed by the partners that the above sharing of the responsibilities and
obligations shall not in any way be a limitation of joint and several responsibilities of
the Partners under this contract.
6. The Joint Venture agreement shall be construed and interpreted in accordance with
the Laws of J&K and the Courts in Srinagar shall have the exclusive jurisdiction in
the matters arising there under.
7. In Case of Award of Contract, we the Partners to the Joint Venture agreement do
hereby agree that we shall be jointly and severally responsible for furnishing a
contract performance security from a bank(acceptable to the purchaser) in favour of
the purchaser for a value of 10% of the contract price in the currency/currencies of
the contract.
8. In is further agreed that the Joint Venture agreement shall be irrevocable and shall
form an integral part of the contract and shall continue to be enforceable till the
purchaser discharges the same. Its hall be effective from the date first mentioned
above for all purposes and intents.
Vol I Section V Page
IN WITNESS WHEREOF, the Partners to the Joint Venture agreement have through
authorized representatives executed these presents and affixed Common Seals of their
companies, on the day, month and year first mentioned above.
1. Common Seal
Has been affixed in my/our presence
Pursuant to Board of Directors
Resolution dated:-
FOR LEAD PARTNER
Sig of authorized representative
Sig:-
Name: - Name:-
Desig: - Desig:-
Seal:-
2. Common Seal
Has been affixed in my/our presence
Pursuant to Board of Directors
Resolution dated:-
FOR OTHER PARTNER
Sig of authorized representative
Sig:-
Name: - Name:-
Desig: - Desig:-
Seal:-
WITNESS:
1.
2.
(Signature) (Signature)
Name Name:-
Address:- Address:-
Vol I Section V Page
ANNEX – XIII
PERFORMA FOR LIST OF EQUIPMENT TOOL & TACKLES
TENDER NO:-
To
The Chief Engineer,
Generation Wing, Kmr
PDC.
Dear Sir,
We hereby declare that we have sufficient machinery equipment tool and tackles for successful
completion of the project. The details of which are given as under:-
S.No: Item Description. Specifications Quantity
01.
02.
03.
04.
05.
06.
07. Yours faithfully,
Dated:
Place:
Authorized Signatory
Designation
Seal.
Vol I Section V Page
ANNEX – XIV
PERFORMA FOR KEY PERSONAL PROPOSED FOR THE PROJECT
Tender No:-
S #
Full Name Designation Qualification Experience Home Address
Official Address
Contact Numbers
Email Specimen Signature
For and on behalf of Bidder
(Name and Designation of the Authorized
Signatory with Company seal)
Vol I Section V Page
ANNEX – XV
PERFORMA FOR ORGANIZATIONAL CHART
Tender No:-
S No
Full Name Designation Qualification Experience Home Address
Official Address
Contact Numbers
Email Specimen Signature
Note:- The person/persons signing the Tender must enclose the attested copy of Power
of Attorney for signing the tenders.
For and on behalf of Bidder
(Name and Designation of the Authorized
Signatory with Company seal)
(Volume II)
PRICE SCHEDULES
Of
Survey, Design, Engineering, Fabrication, Supply, Installation, Testing & Commissioning of HDPE Pipe Debris Barrier Boom with pathway at
Headworks Barrage LJHP Gantamulla with maintenance of Barrier for 3 years from the date of commissioning.
Tender No: -GD/LJHP/07 of 2020-21 Dated: 24-08-2020
C O N T E N T S
VOLUME – II
PRICE SCHEDULE
INSTRUCTIONS FOR FILLING OF PRICE SCHEDULE
PRICE SCHEDULE
Instruction for filing up Price Bid Schedules.
The bidder before filling up the Price Schedule will read keenly and carefully the below given instructions to avoid the ambiguities.
1. The bidder must assess and ascertain the rates to ensure that rates, quoted for all items are reasonable. Quoting
unreasonable rates having striking incompatibility with the market value must be totally avoided.
2. In case the bidder intends to provide any item of material / on no cost or intends to execute any item on no cost he must
write “free of cost” against that particular item in the column meant of quoting the value but must enter the quantity in
full precisely as per the relevant quantity schedule .Similarly if the bidder has covered the cost of any specific item in any
other item to bidder after recording the quantity must write as “including in item No. ” in the column meant for
value against that item.
3. Bidder in any case must not modify/amend any of the price bid format by deletion mergering or incorporation of column /
rates but must give his response in respect of every individual column / row as per instructions requirement without any
minor distortion or deviation.
4. The bidder must not leave any item of material Schedule / Erection Schedule un-entered in his bid, as same as per norms
shall be loaded as per the highest quoted rates amongst all the offers.
5. The bidder must ensure that quantity as per the relevant schedule is entered against every item and corresponding
calculations of value / taxes are done carefully to avoid Arithmetical errors.
6. The bidder shall also ensure that total of each column / taxes of every schedule has been recorded correctly.
7. The bidder must quote every item of material as per the specifications attached with that item and in no case the bidder
should quote for the alternative specifications as same will attract the loading as per the highest offered rates.
8. The bidder should in no case use phrases / terms like “NIL” “NA” & “Extra” etc in any place in the bid, but must strictly
adhere to the instructions laid down in the instant instructions for filling up of the price bid. Alteration in the terminology
shall not be accepted.
9. The bidder must also examine and understand the clauses of Volume 1 i.e. Information & Instruction/General Terms and
Conditions.
10. The bidder must ensure that every page of Price Bid including the instructions sheet and the Index sheet is signed by the
authorized signatory.
11. Bidders must quote for entire scope of the work as a whole including all applicable taxes / duties / levies calculated item
wise, in the price bid. .
12. Bidders must go through all the terms and conditions given in Volume I of the tender document in addition to the
instructions given herein – before, before filling up the price bid to avoid ambiguities and rejection of the bid thereof.
Price Schedule for Tender Notice No:- GD./LJHP/07 of 2020-21 dated:- 24-08-2020. Name of Work: Survey, Design, Engineering, Fabrication, Supply, Installation, Testing & Commissioning of HDPE
Pipe Debris Barrier Boom with pathway at Headworks Barrage LJHP Gantamulla and maintenance of Barrier for 3 years from the date of commissioning.
S.No Particulars
Unit Quantity Rate Amount
01 Survey, Design, Engineering of Pipe Boom Barrier (3 HDPE Pipe Type) at LJHP Barrage along with trash guard (Technical Details need to be mentioned in GTP) and anchoring / hooking arrangement of entire barrier with marine polyester ropes as envisaged in scope of work and GTP (complete in all respects) with provision of pathway and its safety arrangement. The barrier shall be engineered to withstand the massive load created due to massive surface water velocities coupled with heavy surface debris and floating trash, high winds and changing water levels and its Fabrication Approximate Barrier Boom Length is 300 Mtrs (+5%)
Complete Job
01
02 Earthwork evacuation by manual means over areas (exceeding 30cm and upto 2.5 mtrs in depth, 3 mtrs in width and 4 mtrs length including disposal of excavated earth upto 10 mtr from cutting edge, disposed earth to be levelled and neatly dressed. Hard Rock (Blasting Prohibited)
Cums 30
03 Providing and fixing 25mm dia 3.0 mtr long grouted anchor bars and providing of anchoring plates on the existing dividing wall to fix all the anchoring ropes from the downstream side of the boom.
Nos 16
04 Providing and fixing 25mm dia 1.25 mtrs long anchor bars (as per drawing)
Kg 115.62
05 Providing & laying in position cement concrete of specific grade excluding the cost of cantering & shuttering 1:2:4 ( 1 cement:2 Coarse Sand 4 graded stone aggregate 20mm nominal size
Cums 30
06 Centering and shuttering including strutting, propping etc. and then removal.
Sqm 25
07 Reinforcement for RCC works including straightening, cutting, bending, placing in position and bending all complete Thermo Mechanically Treated bars.
Kg 1100
08 Providing and fixing M25 stainless Steel High Strength Bolt 25 dia and 340mm long (Chemically Grouted)
Nos 16
09 Necessary hooking / safety protection arrangement for entire barrier to avoid overturning of barrier during massive trash accumulation, flooding or during lowering of Reservoir Level, high surface velocity.
Job 01
10 Testing and commissioning of entire debris boom barrier Job 01
11 Supply of fibre boat having capacity of four persons Nos 02
Note:- The rates quoted shall be inclusive of all taxes / duties including GST etc.( The bidder shall fill the BOQ only for
their offer)