executive engineer generation division ljhp …

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.

mailto:[email protected]

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.

http://www.jktenders.gov.in/

“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

SECTION I

INFORMATION

& INSTRUCTIONS

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

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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.

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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.

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.

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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

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.

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.

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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.

VOL I

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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 :

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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

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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

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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.

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

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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

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


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.

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


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

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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.

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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

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.

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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

VOL I

SECTION I I

SECTION II

GENERAL CONDITIONS

OF

CONTRACT

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

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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

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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

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.

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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.

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.

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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

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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

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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.

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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,

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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.

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(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)

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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.

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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.

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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

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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

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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.

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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

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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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(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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(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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(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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(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

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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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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

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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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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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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,

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

SECTION III

BID PROFORMS

ANNEXURES

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


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)


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


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.


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


v) The Technical Specifications contained in Volume - II of the Bidding


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


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,


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.


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 ………………………


ANNEX – IX

Commercial Terms & Conditions

To


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 : ………………………………



ANNEX-X

Work Completion Schedule

Bidders Name & Address:

To


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


In 100% of

completion time period


(Signature)…………………………..

Date: Name : ………………………………



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 : ………………………………



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


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.


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:-


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.


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





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.




(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)