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Mountain Energy Corporation

SUPER HYDRO ELECTRIC PRIVATE LIMITED BHYUNDER GANGA HYDRO ELECTRIC PROJECT (3 8.1 MW) UTTARAKHAND TENDER DOCUMENT FOR CIVIL & HM WORKS

VOL. 1 - COMMERCIAL TERMS AND CONDITIONS

Consultants: M/s Halcrow Consulting India Private Limited B-11, 2nd Floor, Sector-4, Noida-201301. (Uttar Pradesh) Tel.: +91-120-4682500 Fax: +91-120-468-2534 www.halcrow.com

Bhyunder Ganga Small Hydro Electric Project

Salient Features

Bhyunder Ganga HEP Salient Features


1. LOCATION State District River Location Uttrakhand Chamoli Bhyunder Ganga Intake at Jungle chatti and Power House near Govind Ghat.

2. HYDROLOGY Catchment area at Intake Site Climate data Atmospheric Temperature C Gross Head Net Head Rated Flow 230 km2 Maximum 26 C Minimum -3 C 518.700m 514.160m 5.512 m /s
3

3. DIVERSION BARRAGE AND HEADPOND Type Crest Top Level Average river bed level at axis Crest length of weir No of under sluice Gates Concrete Weir +2240.0m 2237 26.0 m 2 Gates

4. INTAKE STRUCTURE Width of Intake No. of bays Width of each bay 12.0m 3 4.0m (clear)

Bhyunder Ganga Small Hydro Electric Project


Regulating gate Approach Channel from Intake to Desander including Degravelling Chamber Degravelling Chamber 1 75 m long 3.0m wide 25 m long 3.0 m wide

Salient Features

5. DESILTING ARRANGEMENT No and size of desilting basins Power Channel 3 Bays each 75m (L) x 4.5m(W) x 7.225m(H) + 25m u/s trans. + 8m d/s collection pool 175 m long 3.0 m wide

6. HEAD RACE TUNNEL Size and type Length Slope Concrete lined D-shaped 2.5 m dia 2747 metres 1:20 & 1:7

7. ADIT Size and type D-shaped 2.5 m dia 400 m long.

8.PENSTOCK Main penstock Branches 1 No. Underground, 1.6 m diameter, 775m long + 186m buried 3 Nos, 0.8 m diameter 53m long (total)

9. POWER HOUSE Type Installed capacity Size of Power house Machine Axis Service bay level Crane beam level Surface 3x8.1 MW 73.25m long x 22.2m wide x20.75 m high + 1721.3 m + 1721.3 m + 1730.3 m

Bhyunder Ganga Small Hydro Electric Project


No. of machines 3 nos. Pelton

Salient Features

10. TAIL RACE Length 30 m (L) x 3m(W)

SUPER HYDRO ELECTRIC PRIVATE LIMITED


DLF CYBER CITY, PHASE- III, BUILDING NO. 9, TOWER B, 16th FLOOR GURGAON- 122002. Tel: +91 124 4391250, Fax: +91 124 4391251, +91 11 42892893, E-mail: vkgarg@mountainenergy.co.in INVITATION FOR BIDS (IFB) THROUGH INTERNATIONAL COMPETITIVE BIDDING (ICB) FOR CIVIL WORKS. Ref: SHEP/BG/01-02-03-04/2008 DATE: 10.11.2008 Name of the Project: 24.3 MW, BHYUNDER GANGA HYDRO ELECTRIC PROJECT, NEAR BENAKULI VILLAGE, GOVINDGHAT, DISTT. CHAMOLI (UTTARAKHAND).
1. M/S Super Hydro Electric Private Limited, Gurgaon (the Employer) invites sealed bids for its Small Hydro Electric Project of 3 x 8.1 MW capacity near Benakuli Village, Govindghat, Distt. Chamoli (Uttarakhand State) from experienced Contractors for the execution of the civil works of Bhyunder Ganga Hydro Electric Project. The scheme envisages construction of Diversion weir of 28.8m long, a water conductor system comprising an intake structure of 100m long, desilting basin of size 109.0m x 5.0m x 6.0m with 174.0m power channel, concrete lined head race tunnel with adit of 3338.5m long and 2.5m finished dia., a penstock of 750m long and 1.6m dia, a surface power house of size 52.8m x 21.0m x 21.0m with installed capacity of 3 x 8.1 MW and a tail race channel of 30m x 2m. The period of completion shall be 30 months. The contract will be awarded through the International Competitive Bidding procedure. The project will be funded partly from internal resources available with the Employer and partly by financial institutions. The Project is eligible for the incentives available to Small Hydel Projects as per the Hydro Power Policy 2008 of Govt. of India. The bidding document maybe obtained from the Delhi office of M/s Super Hydro Electric Private Limited at the above mentioned address during office hours from 1000hrs to 1600hrs on all working days either in person or by post. The details are given below:

2.

3.

Bid reference Price of bidding document Date of commencement of sale of bidding document Bidding System

SHEP/BG/01-02-03-04 Rs. 2,500 24 Nov. 2008 Two envelope system, each containing the following bid details, Envelope I Qualifying Requirements and Technocommercial bid. Envelope-II - Price Bid. 03 Feb. 2009, 1700 hrs. 15 Jan. 2009, 1100 hrs. 10 Feb. 2009, 1200 hrs. 10 Feb. 2009, 1400 hrs. To be intimated later. M/s Super Hydro Electric Private Limited, DLF Cyber City, Phase- III, Building No.9, Tower B, 16th Floor, Gurgaon- 122002. M/s Super Hydro Electric Private Limited, DLF Cyber City, Phase- III, Building No.9, Tower B, 16th Floor, Gurgaon- 122002. 90 days . INR 15,00,000.00 with validity for 120 days
th th th rd th

Date of close of sale of bidding document Date of Pre Bid meeting Time & Last date for receipt of bids Time & date of opening of techno-commercial bids Time & date of opening of price bids

Address for obtaining any Information

Venue for submission and opening of bids

Bid validity Bid Security value and its validity

A. Bids will be opened in the presence of Bidder's representatives who choose to attend the bid opening on the specified date and time. B. In the event of the date of bid opening being declared as a holiday for above mentioned office, the due date for submission of bids and opening of bids will be the following working day at the appointed time. C. The Employer shall have the right to reject all or any Bid and shall not be bound to accept the lowest or any other Bid or to give any reason for such decision.

For M/s Super Hydro Electric Pvt. Ltd. General Manager (Engineering)

Bhyunder Ganga Small Hydro Electric Project

Tender Documents

TABLE OF CONTENT
Sections Section 1 Section 2 Section 3 Section 4 Section 5 Section 6 Section 7 Section 8 Description Instructions to Bidders Forms of Bid, Qualification Information and Letter of Acceptance Conditions of Contract Contract Data Specifications Drawings Bill of Quantities and Schedule of Prices Forms of Securities Page No. 1 - 13 14 - 24 25 - 46 47 - 53 54 - 55 56 - 57 58 - 112 113 - 118

Bhyunder Ganga Small Hydro Electric Project Tender Documents Section 1: Instructions to Bidders

SECTION 1: INSTRUCTIONS TO BIDDERS (ITB)

Section 1

Page 1 of 118

Bhyunder Ganga Small Hydro Electric Project Tender Documents Section 1: Instructions to Bidders

Section 1: Instructions to Bidders


Table of Clauses
A. General 1. 2. 3. 4. 5. 6. 7. Scope of Bid Source of Funds Eligible Bidders Qualification of the Bidder One Bid per Bidder Cost of Bidding Site Visit Page No. 3 3 3 3 5 5 5 D. Submission of Bids 19. 20. 21. 22. Page No. 8 9 9 9

Sealing and Marking of Bids Deadline for Submission of Bids Late Bids Modification and Withdrawal of Bids

B. Bidding Documents 8. 9. 10. Content of Bidding Documents Clarification of Bidding Documents Amendment of Bidding Documents 5 6 6

E. Bid Opening and Evaluation 23. 24. 25. 26. 27. 28. 29. 30. Bid Opening Process to be Confidential Clarification of Bids Examination of Bids and Determination of Responsiveness Correction of Errors Currency for Bid Evaluation Evaluation and Comparison of Bids Preference for Domestic Bidders 10 10 10 10 11 11 11 11

C. Preparation of Bids 11. 12. 13. 14. 15. 16. 17. 18. Language of Bid Documents Comprising the Bid Bid Prices Currencies of Bid and Payment Bid Validity Bid Security Alternative Proposals by Bidders Format and Signing of Bid 6 6 7 7 7 8 8

F. Award of Contract 31. 32. 33. 34. 35. 36. 37. Award Criteria Employer's Right to Accept any Bid and to Reject any or all Bids Notification of Award Performance Security Advance Payment and Security Arbitration Corrupt or Fraudulent Practices 12 12 12 12 13 13 13

Section 1

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Bhyunder Ganga Small Hydro Electric Project Tender Documents Section 1: Instructions to Bidders

A. General
1. 1.1 Scope of Bid Super Hydro Electric Private Limited (referred to as Employer in these documents) invites bids for the construction of works (as defined in these documents and referred to as "the works") as given briefly in IFB. The scope is more fully described in these documents. The bidders are required to submit bids for the entire scope of the works detailed herein. The successful bidder will be expected to complete the works by the intended completion date specified in the Contract data. Source of Funds The Employer shall make available, necessary funds for execution of the works. The project will be funded partly by the internal resources and partly through term loans arranged from financial institutions. Eligible Bidders Deleted . All bidders shall provide in Section 2, Forms of Bid and Qualification Information, a statement that the Bidder is not associated, nor has been associated in the past, directly or indirectly, with the consultant to the Employer or any other entity that has prepared the design, specifications, and other documents for the Project or being proposed as Engineer for the Contract. A firm that has been engaged by the Employer to provide consulting services for the preparation or supervision of the works, and any of its affiliates, shall not be eligible to bid. Government-owned enterprises in the Employers country may only participate if they are legally and financially autonomous, operate under commercial law and are not a dependent agency of the Employer. Bidders shall not be under a declaration of ineligibility for corrupt and fraudulent practices in accordance with sub-clause 37.1. Qualification of the Bidder All bidders shall provide in Section 2, Forms of Bid and Qualification Information, a preliminary description of the proposed work method and schedule, including drawings and charts, as necessary. Deleted . All bidders shall include the following information and documents with their bids in Section 2: (a) 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 Bidder; total monetary value of construction work performed for each of the last five years; experience in works of a similar nature and size for each of the last five years, and details of works under way or contractually committed; and clients who may be contacted for further information on those contracts; major items of construction equipment proposed to carry out the Contract; qualifications and experience of key site management and technical personnel proposed for the Contract; reports on the financial standing of the Bidder, such as profit and loss statements and auditor's reports for the past five years;

1.2 2. 2.1 3. 3.1 3.2

3.3 3.4 4. 4.1 4.2 4.3

(b) (c)

(d) (e) (f)

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Bhyunder Ganga Small Hydro Electric Project Tender Documents Section 1: Instructions to Bidders
(g) (h) (i) evidence of adequacy of working capital for this contract (access to line (s) of credit and availability of other financial resources); authority to seek references from the Bidder's bankers; information regarding any litigation or arbitration resulting from contracts executed by the Bidder in the last five years or currently under execution. The information shall include the names of the parties concerned, the disputed amount, cause of litigation, and matter in dispute; proposals for subcontracting supply and installation of hydro mechanical works (i.e. penstocks, gates and valves) of the Works (the qualifications and experience of the identified sub-contractor in the relevant field should be annexed); and the proposed methodology and program of construction, backed with equipment planning and deployment, duly supported with broad calculations and quality control procedures proposed to be adopted, justifying their capability of execution and completion of the work as per technical specifications within the stipulated period of completion as per milestones The methodology should be supported by the bidders appreciation of the project. a certificate issued by the Employers agent at site that the bidder has visited the site

(j)

(k)

(l) 4.4 4.5

Bids from Joint ventures are not acceptable. A. To qualify for award of the contract, each bidder in its name should have in the last five financial years i.e .five years backward reckoned from March,2008 or Decemeber,2007 as per the accounting year of the bidder achieved an average annual construction turnover of INR 750 Million satisfactorily completed as a sole contractor at least two works similar in complexity and magnitude to the tendered work. * having successful experience as prime contractor in the execution of at least two projects of a nature and complexity comparable to the proposed contract within the last five years executed the following minimum quantities of work: . Excavation of a tunnel of minimum 750 meters length from one face with a minimum 3 m excavated diameter in a year Placed more than 10,000 cubic meters of concrete in a year for a single job in last five years Successful experience, either by the bidder itself or by its proposed sub-contractor, of excavating a vertical or inclined shaft for at least one project with a minimum depth of shaft of 100 metres and diameter > 2.0 m Successful experience, either by the bidder itself or by its proposed sub-contractor, of design, fabrication/manufacturing, supply, erection, testing and commissioning of penstocks for one project with a head not less than 250 metres and diameter > 1.6 m

(a) (b) (c)

There shall be no adjustments to the financial turnover and cost of completed works in the previous years to bring it to current price level. 4.5 B. (a) Each bidder should further demonstrate: that he owns or has assured access to (through hire, lease, purchase agreement, availability of manufacturing equipment, or other means) key items of equipment in full working order, and must demonstrate that, based on known commitments, they will be available for use in the proposed contract. The applicant may also list alternative equipment which he would propose to use for the contract, together with an explanation of the proposal.

The bidders should, undertake their own studies and furnish with their bid, a detailed construction planning and methodology supported with layout and necessary drawings and calculations (detailed) as stated in clause 4.3 (k) above to allow the employer to review their proposals. The numbers, Section 1 Page 4 of 118

Bhyunder Ganga Small Hydro Electric Project Tender Documents Section 1: Instructions to Bidders
types and capacities of each plant/equipment shall be shown in the proposals along with the cycle time for each operation for the given production capacity to match the requirements. (b) availability for this work of a Project Manager with no less than fifteen years' experience in construction of similar civil engineering works and other key personnel with adequate experience as required; and liquid assets and/or availability of credit facilities of no less than INR 75 million. (Credit lines/letter of credit/certificates from Banks for meeting the funds requirement etc.) .; and have a positive net worth in two last preceding financial years Deleted .

(c) (d) 4.5 4.6 4.7 4.8 C.

Sub-contractors' experience and resources shall not be taken into account in determining the bidder's compliance with the qualifying criteria except to the extent stated in 4.5 (A) above. Deleted . Even though the bidders meet the above qualifying criteria, they are subject to be disqualified if they have: made misleading or false representations in the forms, statements and attachments submitted in proof of the qualification requirements; and/or record of poor performance such as abandoning the works, not properly completing the contract, inordinate delays in completion, litigation history, or financial failures etc.; and/or

5. 5.1

One Bid per Bidder Each bidder shall submit only one bid for one package. A bidder who submits or participates in more than one Bid (other than as a subcontractor or in cases of alternatives that have been permitted or requested) will cause all the proposals with the Bidders participation to be disqualified. Cost of Bidding The bidder shall bear all costs associated with the preparation and submission of his Bid, and the Employer will in no case be responsible and liable for those costs. Site visit The Bidder, at the Bidders own responsibility and risk is encouraged to visit and examine the Site of Works and its surroundings and obtain all information that may be necessary for preparing the Bid and entering into a contract for construction of the Works. The costs of visiting the Site shall be at the Bidder's own expense. B. Bidding Documents

6. 6.1 7. 7.1

8. 8.1

Content of Bidding Documents The set of bidding documents comprises the documents listed in the table below and addenda issued in accordance with Clause 10: Invitation for Bids Section 1 2 3 4 5 6 7 8 Instructions to Bidders Forms of Bid and Qualification Information Conditions of Contract Contract Data Specifications Drawings Bills of Quantities Forms of Securities Page 5 of 118

Section 1

Bhyunder Ganga Small Hydro Electric Project Tender Documents Section 1: Instructions to Bidders
9. 9.1 Clarification of Bidding Documents A prospective bidder requiring any clarification of the bidding documents may notify the Employer in writing or by email or facsimile at the Employer's address indicated in the invitation to bid. The Employer will respond to any request for clarification which he received earlier than 10 days prior to the date of Pre-bid meeting . Copies of the Employer's response will be forwarded to all purchasers of the bidding documents, including a description of the enquiry but without identifying its source. Pre-bid meeting The bidder or his official representative is invited to attend a pre-bid meeting which will take place at the venue, date and time as notified in IFB . The purpose of the meeting will be to clarify issues and to answer questions submitted in writing prior to the meeting as required under ITB 9.1 above.. Minutes of the meeting, including the text of the questions raised (without identifying the source of enquiry) and the responses given will be transmitted without delay to all purchasers of the bidding documents. Any modification of the bidding documents listed in Sub-Clause 8.1 which may become necessary as a result of the pre-bid meeting shall be made by the Employer exclusively through the issue of an Addendum pursuant to Clause 10 and not through the minutes of the pre-bid meeting. Non-attendance at the pre-bid meeting will not be a cause for disqualification of a bidder. Amendment of Bidding Documents Before the deadline for submission of bids, the Employer may modify the bidding documents by issuing addenda. Any addendum thus issued shall be part of the bidding documents and shall be communicated in writing or by cable to all the purchasers of the bidding documents. Prospective bidders shall acknowledge receipt of each addendum by cable to the Employer. To give prospective bidders reasonable time in which to take an addendum into account in preparing their bids, the Employer shall extend as necessary the deadline for submission of bids, in accordance with Sub-Clause 20.2 below.

9.2 9.2.1 9.2.2 9.2.3

9.2.4 10. 10.1 10.2

10.3

C. Preparation of Bids 11. 11.1 12. 12.1 Language of the Bid All documents relating to the bid shall be in the English language. Documents comprising the Bid Bids shall be submitted in two Envelopes with contents indicated as per sub-clause 12.2 and 12.3 below. In the Envelope-I, only Techno-commercial Bid and the bid security shall be submitted. Envelope-II shall comprise the price bids. After Techno-commercial evaluation and responsiveness of the bids is carried out as per sub-clause 26 below, the Envelope -II of only the bidders whose Techno-commercial proposals are found responsive, shall be opened. The Envelope-I of the Bid shall comprise the following: a) The Bid (in the format indicated in Section 2 without prices; b) Bid Security, in accordance with ITB Clause 16; c) Qualification Information Form and Documents; d) Deviations taken from the tender stipulations, if any;

12.2

Section 1

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Bhyunder Ganga Small Hydro Electric Project Tender Documents Section 1: Instructions to Bidders
e) Authenticated copy of the bid document duly signed on each page of the document by the authorized signatory of the bidder, and any other materials required to be completed and submitted by bidders, as specified in these conditions. 12.3 The Envelope-II of the Bid shall comprise the following: a) The Bid (in the format indicated in Section 2) with prices; b) priced Bill of Quantities and Schedule of Prices & Quantities c) supplementary prices for withdrawal of deviations taken, if any. No material relating to any technical matter shall be included in the Envelope-II. 13. 13.1 13.2 Bid Prices The contract shall be for the whole works as described in Sub-Clause 1.1, based on the priced Bill Quantities submitted by the Bidder. The bidder shall fill in rates and prices and line item total (both in figures and words) for all items of the Works described in the Bill of Quantities and in the Schedule of Prices & Quantities alongwith total bid price (both in figures and words). Items for which no rate or price is entered by the bidder will not be paid for by the Employer when executed and shall be deemed covered by the other rates and prices in the Bill of Quantities and in the Schedule of Prices & Quantities. Corrections, if any, shall be made by crossing out, initialing, dating and rewriting. All duties, taxes, and other levies payable by the contractor under the contract, or for any other cause shall be included in the rates, prices and total Bid Price submitted by the Bidder. The rates and prices quoted by the bidder are subject to adjustment during the performance of the Contract in accordance with the provisions of Clause 47 of the Conditions of Contract. Currencies of Bid and Payment The unit rates and the prices shall be quoted by the bidder entirely in Indian Rupees (INR). Bid Validity Bids shall remain valid for a period not less than ninety days after the deadline date for bid submission specified in Clause 20. A bid valid for a shorter period shall be rejected by the Employer as nonresponsive. In exceptional circumstances, prior to expiry of the original time limit, the Employer may request that the bidders may extend the period of validity for a specified additional period. The request and the bidders' responses shall be made in writing or by cable. A bidder may refuse the request without forfeiting his bid security. A bidder agreeing to the request will not be required or permitted to modify his bid but will be required to extend the validity of his bid security for a period of the extension, and in compliance with Clause 16 in all respects. Bid Security The Bidder shall furnish, as part of his Bid, a Bid security in the amount as shown in IFB for this particular work. This bid security shall be in favour of SUPER HYDRO ELECTRIC PRIVATE LIMITED, DLF CYBER CITY PHASE III, BUILDING NO. 9, TOWER B, 16TH FLOOR, GURGAON- 122002 and may be in one of the following forms: a bank guarantee issued by a nationalized / scheduled bank located in India or a bank located abroad in the form given in Section 8; or

13.3 13.4 14. 14.1 15. 15.1

15.2

16. 16.1

Section 1

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Bhyunder Ganga Small Hydro Electric Project Tender Documents Section 1: Instructions to Bidders
Certified cheque or Bank draft in favour of SUPER HYDRO ELECTRIC PRIVATE LIMITED, DLF CYBER CITY PHASE III, BUILDING NO. 9, TOWER B, 16TH FLOOR, GURGAON- 122002 payable at NEW DELHI

16.2 16.3 16.4 16.5 16.6

Bank guarantees (and other instruments having fixed validity) issued as surety for the bid shall be valid for 30 days beyond the validity of the bid. Any bid not accompanied by an acceptable Bid Security and not secured as indicated in Sub-Clauses 16.1 and 16.2 above shall be rejected by the Employer as non-responsive. The Bid Security of unsuccessful bidders will be returned within 28 days of the end of the bid validity period specified in Sub-Clause 15.1. The Bid Security of the successful bidder will be discharged when the bidder has signed the Agreement and furnished the required Performance Security. The Bid Security may be forfeited (a) (b) (c) if the Bidder withdraws the Bid after Bid opening during the period of Bid validity; if the Bidder does not accept the correction of the Bid Price, pursuant to Clause 27; or in the case of a successful Bidder, if the Bidder fails within the specified time limit to (i) (ii) sign the Agreement; or furnish the required Performance Security.

17. 17.1 18. 18.1

Alternative Proposals by Bidders Bidders shall submit offers that comply with the requirements of the bidding documents, including the basic technical design as indicated in the drawing and specifications. Alternatives will not be considered. Format and Signing of Bid The Bidder shall prepare one original and two copies of the documents comprising the bid in each of the Envelopes as described in Clause 12 of these Instructions to Bidders, bound with the volume containing the Form of Bid, and clearly marked "ORIGINAL" and "COPY1 or COPY2" as appropriate. In the event of discrepancy between them, the original shall prevail. The original and copies of the Bid shall be typed or written in indelible ink and shall be signed by a person or persons duly authorized to sign on behalf of the Bidder, pursuant to Sub-Clauses 4.3. All pages of the bid where entries or amendments have been made shall be initialled by the person or persons signing the bid. The Bid shall contain no alterations or additions, except those to comply with instructions issued by the Employer, or as necessary to correct errors made by the bidder, in which case such corrections shall be initialled by the person or persons signing the bid. The Bidder shall furnish information as described in the Form of Bid on commissions or gratuities, if any, paid or to be paid to agents relating to this Bid, and to contract execution if the Bidder is awarded the contract. D. Submission of Bids

18.2

18.3

18.4

19. 19.1

Sealing and Marking of Bids The Bids shall comprise following two envelopes separately sealed and be marked as follows: Envelope-I: Bid Security & Techno-commercial Bid for civil works of 24.3 MW Bhyunder Ganga H.E. Project ( Uttarakhand). Envelope-II: Price Bid for (Uttarakhand). civil works of 24.3 MW Bhyunder Ganga H.E. Project

Section 1

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Bhyunder Ganga Small Hydro Electric Project Tender Documents Section 1: Instructions to Bidders
The Bidder shall seal the original and copies of the Bid in separate envelopes, duly marking the envelopes as "ORIGINAL" and "COPY1 or COPY2". These envelopes (called as inner envelopes) shall then be put inside one outer Envelope-I and Envelope-II . The bidder, as per his discretion, may pack these two Envelopes into a single pack for his sake of convenience in handling. 19.2 The inner and outer envelopes shall (a) be addressed to the Employer at the following address: SUPER HYDRO ELECTRIC PRIVATE LIMITED, DLF CYBER CITY PHASE III, BUILDING NO. 9, TOWER B, 16TH FLOOR, GURGAON- 122002 (INDIA) and bear the following identification: 19.3 Bid for Execution of Civil Works of 24.3 MW Bhyunder Ganga Hydro electric Project, Govindghat, Chamoli (Uttarakhand). Bid Reference No....................................[insert number] DO NOT OPEN BEFORE......................[time and date for bid opening, per Clause 23]

(b)

In addition to the identification required in Sub-Clause 19.2, the envelopes shall indicate the name and address of the bidder to enable the bid to be returned unopened in case it is declared late, pursuant to Clause 21. If the outer envelope is not sealed and marked as above, the Employer will assume no responsibility for the misplacement or premature opening of the bid. Deadline for Submission of the Bids Bids must be received by the Employer at the address specified above no later than the date and time specified in the IFB. In the event of the specified date for the submission of bids declared a holiday for the Employer, the Bids will be received upto the appointed time on the next working day. The Employer may extend the deadline for submission of bids by issuing an amendment in accordance with Clause 10, in which case all rights and obligations of the Employer and the bidders previously subject to the original deadline will then be subject to the new deadline. Late Bids Any Bid received by the Employer after the deadline prescribed in Clause 20 will be returned unopened to the bidder. Modification and Withdrawal of Bids Bidders may modify or withdraw their bids by giving notice in writing before the deadline prescribed in Clause 20. Each Bidder's modification or withdrawal notice shall be prepared, sealed, marked, and delivered in accordance with Clause 18 & 19, with the outer and inner envelopes additionally marked "MODIFICATION" or "WITHDRAWAL", as appropriate. No bid may be modified after the deadline for submission of Bids. Withdrawal or modification of a Bid between the deadline for submission of bids and the expiration of the original period of bid validity specified in Clause 15.1 above or as extended pursuant to Clause 15.2 may result in the forfeiture of the Bid security pursuant to Clause 16. Bidders may only offer discounts to, or otherwise modify the prices of their Bids by submitting Bid modifications in accordance with this clause, or included in the original Bid submission. Page 9 of 118

19.4 20. 20.1

20.2

21. 21.1 22. 22.1 22.2

22.3 22.4

22.5

Section 1

Bhyunder Ganga Small Hydro Electric Project Tender Documents Section 1: Instructions to Bidders
E. Bid Opening and Evaluation 23. 23.1 Bid Opening The Employer will open all the Bids received (except those received late), including modifications made pursuant to Clause 22, in the presence of the Bidders or their representatives who choose to attend at the time on the date and the place specified in IFB. In the event of the specified date of Bid opening being declared a holiday for the Employer, the Bids will be opened at the appointed time and location on the next working day. Envelopes marked "WITHDRAWAL" shall be opened and read out first. Bids for which an acceptable notice of withdrawal has been submitted pursuant to Clause 22 shall not be opened. Subsequently all envelopes marked Modification shall be opened and the submissions therein read out in appropriate detail. As applicable to the relevant Envelopes, the Bidders' names, the Bid prices, the total amount of each Bid and of any alternative Bid (if alternatives have been requested or permitted), any discounts, Bid modifications and withdrawals, the presence or absence of Bid security, and such other details as the Employer may consider appropriate, will be announced by the Employer at the opening. No bid shall be rejected at bid opening except for the late bids pursuant to Clause 21. Bids [and modifications] sent pursuant to Clause 22 that are not opened and read out at bid opening will not be considered for further evaluation regardless of the circumstances. Late and withdrawn bids will be returned un-opened to bidders. The Employer shall prepare minutes of the Bid opening, including the information disclosed to those present in accordance with Sub-Clause 23.3. Process to Be Confidential Information relating to the examination, clarification, evaluation, and comparison of Bids and recommendations for the award of a contract shall not be disclosed to Bidders or any other persons not officially concerned with such process until the award to the successful Bidder has been announced. Any effort by a Bidder to influence the Employer's processing of Bids or award decisions may result in the rejection of his Bid. Clarification of Bids To assist in the examination, evaluation, and comparison of Bids, the Employer may, at his discretion, ask any Bidder for clarification of his Bid, including breakdowns of the unit rates. The request for clarification and the response shall be in writing or by cable, but no change in the price or substance of the Bid shall be sought, offered, or permitted except as required to confirm the correction of arithmetic errors discovered by the Employer in the evaluation of the Bids in accordance with Clause 27. Subject to sub-clause 25.1, no Bidder shall contact the Employer on any matter relating to its bid from the time of the bid opening to the time the contract is awarded. If the Bidder wishes to bring additional information to the notice of the Employer, it should do so in writing. Any effort by the Bidder to influence the Employer in the Employer's bid evaluation, bid comparison or contract award decisions may result in the rejection of the Bidders bid. Examination of Bids and Determination of Responsiveness Prior to the detailed evaluation of Bids, the Employer will determine whether each Bid (a) meets the eligibility criteria defined in Clause 3; (b) has been properly signed; (c) is accompanied by the required securities and; (d) is substantially responsive to the requirements of the Bidding documents. A substantially responsive Bid is one which conforms to all the terms, conditions, and specifications of the Bidding documents, without material deviation or reservation. A material deviation or reservation is one (a) which affects in any substantial way the scope, quality, or performance of the Works; (b) which limits in any substantial way, inconsistent with the Bidding documents, the Employer's rights or the Bidder's obligations under the Contract; or (c) whose rectification would affect unfairly the competitive position of other Bidders presenting substantially responsive Bids. Page 10 of 118

23.2

23.3

23.4 24. 24.1

25. 25.1

25.2

25.3 26. 26.1

26.2

Section 1

Bhyunder Ganga Small Hydro Electric Project Tender Documents Section 1: Instructions to Bidders
26.3 If a Bid is not substantially responsive, it will be rejected by the Employer, and may not subsequently be made responsive by correction or withdrawal of the non-conforming deviation or reservation. Envelope II Price Bid of the non responsive bidders will be returned back to them unopened. Correction of Errors Bids determined to be substantially responsive will be checked by the Employer for any arithmetic errors. Errors will be corrected by the Employer as follows: (a) (b) 27.2 where there is a discrepancy between the rates in figures and in words, the rate in words will govern; and where there is a discrepancy between the unit and the line item total resulting from multiplying the unit rate by the quantity, the unit rate as quoted will govern.

27. 27.1

The amount stated in the Bid will be adjusted by the Employer in accordance with the above procedure for the correction of errors and, with the concurrence of the Bidder, shall be considered as binding upon the Bidder. If the Bidder does not accept the corrected amount the Bid will be rejected, and the Bid security may be forfeited in accordance with Sub-Clause 16.6 (b). Deleted. Evaluation and Comparison of Bids The Employer will evaluate and compare only the Bids determined to be substantially responsive in accordance with Clause 26. In evaluating the Bids, the Employer will determine for each Bid the evaluated Bid Price by adjusting the Bid Price as follows: (a) (b) (c) making any correction for errors pursuant to Clause 27; or making an appropriate adjustments for any other acceptable variations, deviations; and making appropriate adjustments to reflect discounts or other price modifications offered in accordance with Sub Clause 22.5.

28. 29. 29.1 29.2

29.3

The Employer reserves the right to accept or reject any variation, deviation, or alternative offer. Variations, deviations, and alternative offers and other factors which are in excess of the requirements of the Bidding documents or otherwise result in unsolicited benefits for the Employer shall not be taken into account in Bid evaluation. The estimated effect of the price adjustment conditions under Clause 47 of the Conditions of Contract, during the period of implementation of the Contract, will not be taken into account in Bid evaluation. If the Bid of the successful Bidder is seriously unbalanced in relation to the Engineer's estimate of the cost of work to be performed under the contract, the Employer may require the Bidder to produce detailed price analyses for any or all items of the Bill of Quantities and Schedule of Prices & Quantities, to demonstrate the internal consistency of those prices with the construction methods and schedule proposed. After evaluation of the price analyses, the Employer may require that the amount of the performance security set forth in Clause 34 be increased at the expense of the successful Bidder to a level sufficient to protect the Employer against financial loss in the event of default of the successful Bidder under the Contract. Deleted.

29.4 29.5

30.

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Bhyunder Ganga Small Hydro Electric Project Tender Documents Section 1: Instructions to Bidders
F. Award of Contract 31. 31.1 Award Criteria Subject to Clause 32, the Employer will award the Contract to the Bidder whose Bid has been determined to be substantially responsive to the Bidding documents and who has offered the lowest evaluated Bid Price, provided that such Bidder has been determined to be (a) eligible in accordance with the provisions of Clause 3, and (b) qualified in accordance with the provisions of Clause 4. Deleted . Employer's Right to Accept any Bid and to Reject any or all Bids Notwithstanding Clause 31, the Employer reserves the right to accept or reject any Bid, and to cancel the Bidding process and reject all Bids, at any time prior to the 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 Employer's action. Notification of Award and Signing of Agreement The Bidder whose Bid has been accepted will be notified of the award by the Employer prior to expiration of the Bid validity period by cable, telex or facsimile confirmed by registered letter. This letter (hereinafter and in the Conditions of Contract called the "Letter of Acceptance") will state the sum that the Employer will pay the Contractor in consideration of the execution, completion, and maintenance of the Works by the Contractor as prescribed by the Contract (hereinafter and in the Contract called the "Contract Price"). The notification of award will constitute the formation of the Contract, subject only to the furnishing of a performance security in accordance with the provisions of Clause 34. The Agreement will incorporate all agreements between the Employer and the successful Bidder. It will be kept ready for signature of the successful bidder in the office of employer within 28 days following the notification of award along with the Letter of Acceptance. Upon the furnishing by the successful Bidder of the Performance Security, the Employer will promptly notify the other Bidders that their Bids have been unsuccessful. Performance Security Within 21 days of receipt of the Letter of Acceptance, the successful Bidder shall deliver to the Employer a Performance Security in any of the forms given below for an amount equivalent to 5% of the Contract price plus additional security for unbalanced Bids in accordance with Clause 29.5 of ITB and Clause 52 of Conditions of Contract: a bank guarantee in the form given in Section 8; or Certified cheque/Bank draft, in favour of . SUPER HYDRO ELECTRIC PRIVATE LIMITED, DLF CYBER CITY PHASE III, BUILDING NO. 9, TOWER B, 16TH FLOOR, GURGAON- 122002. (INDIA) payable at NEW DELHI (INDIA).

31.2 32. 32.1

33. 33.1

33.2 33.3

33.4 34. 34.1

34.2

If the performance security is provided by the successful Bidder in the form of a Bank Guarantee, it shall be issued either (a) at the Bidder's option, by a Nationalized/Scheduled Indian bank or (b) by a foreign bank located in India and acceptable to the Employer . Failure of the successful Bidder to comply with the requirements of Sub-Clause 34.1 shall constitute sufficient grounds for cancellation of the award and forfeiture of the Bid Security. Advance Payment and Security The Employer will provide an Advance Payment on the Contract Price as stipulated in the Conditions of Contract, subject to maximum amount, as stated in the Contract Data. Page 12 of 118

34.3 35 35.1

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Bhyunder Ganga Small Hydro Electric Project Tender Documents Section 1: Instructions to Bidders
36. 36.1 Arbitration If any dispute arises between the parties, an amicable settlement shall be attempted first. If amicable settlement fails, it shall be settled by arbitration in accordance with the provisions of Arbitration and Conciliation Act,1996 as detailed in Conditions of Contract Clause No. 25. Corrupt or Fraudulent Practices The Employer requires that the bidders, observe the highest standard of ethics during the procurement and execution of such contracts. In pursuance of this policy, the Employer : (a) defines, for the purposes of this provision, the terms set forth below as follows : (i) corrupt practice means the offering, giving, receiving or soliciting of any thing of value to influence the action of a public official in the procurement process or in contract execution; and fraudulent practice means a misrepresentation of facts in order to influence a procurement process or the execution of a contract to the detriment of the Employer, and includes collusive practice among Bidders (prior to or after bid submission) designed to establish bid prices at artificial non-competitive levels and to deprive the Employer of the benefits of free and open competition.

37. 37.1

(ii)

(b) (c)

will reject a proposal for award if it determines that the Bidder recommended for award has engaged in corrupt or fraudulent practices in competing for the contract in question; will declare a firm ineligible, either indefinitely or for a stated period of time, to be awarded a contract if it at any time determines that the firm has engaged in corrupt or fraudulent practices in competing for, or in executing, a contract.

37.2

Furthermore, Bidders shall be aware of the provision stated in sub-clause 59.2 of the Conditions of Contract.

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Bhyunder Ganga Small Hydro Electric Project Tender Documents Section 2: Forms of Bid, Qualification Information & LOA

SECTION 2: FORMS OF BID, QUALIFICATION INFORMATION AND LETTER OF ACCEPTANCE

Section 2

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Bhyunder Ganga Small Hydro Electric Project Tender Documents Section 2: Forms of Bid, Qualification Information & LOA

Table of Forms:
Forms: 1) Contractors Bid Page No. 16 18 21 22 23

2) Qualification Information 3) Letter of Acceptance 4) Notice to Proceed with the work 5) Agreement Form

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Bhyunder Ganga Small Hydro Electric Project Tender Documents Section 2: Forms of Bid, Qualification Information & LOA

Contractor's Bid
Description of the Works: Construction of the civil and hydro mechanical (including design) works of Bhyunder Ganga Hydro Electric Project comprising Diversion Weir and Intake structure on the Bhyunderganga River, Intake Channel, Desilting Basin, Power Channel, Tunnel in rock (2.5m diameter D shaped with concrete lined approximately 2747m long), Penstock Valve House and Penstock (775 m in underground excavation and 186m excavation in overburden with rock outcrops for construction of penstock saddle support, crossings and anchor blocks), Surface Power House, Transformer and Potyard (Civil works), and Tail Race channel (Electromechanical supply and installation by others). In addition, the Contractor shall construct such accommodation, plant yard workshops, office, housing and camps for himself, his staff and employees as he considers appropriate. The scope of work shall also include all general and preparatory works and shall include work of any kind necessary for the due and satisfactory construction, completion and maintenance of the Works in accordance with the Drawings and these Specifications and further drawings and orders that may be issued by the Engineer from time to time1 BID To : Super Hydro Electric Private Limited, DLF Cyber City Phase III, Building No. 9, Tower B, 16th Floor, Gurgaon- 122002. India [the Employer] 2

Gentlemen, We offer to execute the Works described above in accordance with the Conditions of Contract accompanying this Bid for the Contract Price of _________ [in figures] (__________________________________________________) [in letters].3 TO BE LEFT BLANK IN ENVELOPE I AND FILLED UP FOR ENVELOPE II The advance Payment required is: Rupees ________________. TO BE LEFT BLANK IN ENVELOPE I AND FILLED UP FOR ENVELOPE II This Bid and your written acceptance of it shall constitute a binding contract between us. We understand that you are not bound to accept the lowest or any Bid you receive. We undertake that, in competing for (and, if the award is made to us, in executing) the above contract, we will strictly observe the laws against fraud and corruption in force in India namely Prevention of Corruption Act 1988. We hereby confirm that this Bid complies with the Bid Validity and Bid Security required by the Bidding documents. We attach herewith our current income-tax clearance certificate. Yours faithfully, Authorized Signature:

To be filled in by the Employer before issue of the Bidding Documents.

To be filled in by the Employer before issue of the Bidding Documents.

To be filled in by the Bidder, together with his particulars and date of submission at the bottom of the Form of Bid.

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Bhyunder Ganga Small Hydro Electric Project Tender Documents Section 2: Forms of Bid, Qualification Information & LOA
Name & Title of Signatory: _________________________________________________________________ Name of Bidder Address : ______________________________________________ : __________________________________________________________________

Section 2

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Bhyunder Ganga Small Hydro Electric Project Tender Documents Section 2: Forms of Bid, Qualification Information & LOA
Qualification Information The information to be filled in by the Bidder in the following pages will be used for purposes of postqualification as provided for in Clause 4 of the Instructions to Bidders. This information will not be incorporated in the Contract. 1. 1.1 For Individual Bidders

[Attach copy]

Constitution or legal status of Bidder _______________________________ _______________________________

Place of registration: Principal place of business: Power of attorney of signatory of Bid

[Attach]

1.2

Total value of Civil Engineering construction work executed and payments received in the last five years** 2003-2004______________________ (in Rs. Million) 2004-2005______________________ 2005-2006______________________ 2006-2007_____________________ 2007-2008______________________ 1.3.1 Work performed as a sole contractor (in the same name) on works of a similar nature over the last five years. ** _______________________________________________________________________________________ Name of the Employer* Description of work Contract No. Value of contract (Rs. Million) Stipulated Date of issue of period of work order completion Actual date of Remarks completion* explaining reasons for delay and work completed

Project Name

_______________________________________________________________________________________ _______________________________________________________________________________________ 1.3.2 Quantities of work executed in the last five years: ** Year Name of the Work Name of the Employer* Quantity of work performed @ Concrete Open Penstock excavation Remarks * (indicate contract Ref)

Tunneling

2003-2004 2004-2005 2005-2006 2006-2007 2007-2008 *Attach certificate(s) from the Engineer(s)-in-Charge Attach certificate from Chartered Accountant. In case of calendar year accounting, the first year shall be 2003.

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Bhyunder Ganga Small Hydro Electric Project Tender Documents Section 2: Forms of Bid, Qualification Information & LOA
1.4 1.5 Deleted. The following items of Contractor's Equipment are essential for carrying out the Works. The Bidder should list all the information requested below. Refer also to Sub Clause 4.3 (d) of the Instructions to Bidders. __________________________________________________________________________________ Item of Requirement Availability proposals Remarks Owned/leased/ Nos/ Age/ (From whom to be equipment No. Capacity to be procured capacity condition purchased) __________________________________________________________________________________ * * * * * * * * * * * * * *

__________________________________________________________________________________ 1.6 Qualifications and experience of key personnel proposed for administration and execution of the Contract. Attach biographical data. Refer also to Sub Clause 4.3 (e) and 4.5 (B) (b) of instructions to Bidders and Sub Clause 9.1 of the Conditions of Contract. __________________________________________________________________________________ Years of Years of experience in Name Qualifications experience the proposed position Position (general) __________________________________________________________________________________ Project Manager * * * etc. * * * * * * * * * * * * * * * *

__________________________________________________________________________________ 1.7 Proposed subcontract and firm involved. [Refer ITB Clause 4.3 (j)] __________________________________________________________________________________ Penstock, Gates Value of Sub-contractor Experience in & Valves Sub-contract (name and address) similar work __________________________________________________________________________________ * * * * * * * * * * * *

__________________________________________________________________________________ 1.8 1.9 Financial reports for the last five years: balance sheets, profit and loss statements, auditors' reports (in case of companies/corporation), etc. List them below and attach copies. Evidence of access to financial resources to meet the qualification requirements: cash in hand, lines of credit, etc. List them below and attach copies of support documents [sample format attached].

1.10. Name, address, and telephone, telex, and fax numbers of the Bidders' bankers who may provide references if contacted by the Employer. 1.11 Information on litigation history in which the Bidder is involved. __________________________________________________________________________________ Section 2 Page 19 of 118

Bhyunder Ganga Small Hydro Electric Project Tender Documents Section 2: Forms of Bid, Qualification Information & LOA
Other party(ies) Remarks showing Present Status __________________________________________________________________________________ __________________________________________________________________________________ 1.12 Statement of compliance under the requirements of Sub Clause 3.2 of the instructions to Bidders. __________________________________________________________________________________ __________________________________________________________________________________ __________________________________________________________________________________ 1.13 Proposed work method and schedule. The Bidder should attach descriptions, drawings and charts as necessary to comply with the requirements of the Bidding documents. [Refer ITB Clause 4.1 and 4.3 (k)]. 2. 3. 3.1 Joint Ventures - Deleted Additional Requirements For hydro mechanical works the Contractor is to submit the documents, drawings, sketches as required under Sub Clause 6.10 of the Special Conditions of Contract Bidders should provide any additional information required to fulfill the requirements of Clause 4 of the Instructions to the Bidders, if applicable. Employer Cause of dispute Amount involved

_______________________________________________________________________________________ SAMPLE FORMAT FOR EVIDENCE OF ACCESS TO OR AVAILABILITY OF CREDIT FACILITIES CLAUSE 4.5 [B] [c] OF ITB BANK CERTIFICATE This is to certify that M/s. is a reputed company with a good financial standing. If the contract for the work, namely . [funded by the World Bank] is awarded to the above firm, we shall be able to provide overdraft/credit facilities to the extent of Rs. to meet their working capital requirements for executing the above contract. __ Sd. __ Name of Bank Senior Bank Manager Address of the Bank

_______________________________________________________________________________________

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Bhyunder Ganga Small Hydro Electric Project Tender Documents Section 2: Forms of Bid, Qualification Information & LOA

Letter of Acceptance
(letterhead paper of the Employer) ________________________[date] To: _________________________________________________________________________[name address of the Contractor] Dear Sirs, This is to notify you that your Bid dated ____________ for execution of the ________________________ ___________________________________________________________ [name of the contract and identification number, as given in the Instructions to Bidders] for the Contract Price of Rupees ____________________________________ (_____________) [amount in words and figures], as corrected and modified in accordance with the Instructions to Bidders1 is hereby accepted by our Agency. You are hereby requested to furnish Performance Security, plus additional security for unbalanced bids in terms of ITB clause 29.5, in the form detailed in Para 34.1 of ITB for an amount of Rs. within 21 days of the receipt of this letter of acceptance valid upto 28 days from the date of expiry of Defects Liability Period i.e. upto ........... and sign the contract, failing which action as stated in Para 34.3 of ITB will be taken. Yours faithfully, and

Authorized Signature Name and Title of Signatory Name of Agency

Delete "corrected and" or "and modified" if only one of these actions applies. Delete "as corrected and modified in accordance with the Instructions to Bidders" if corrections or modifications have not been effected.

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Bhyunder Ganga Small Hydro Electric Project Tender Documents Section 2: Forms of Bid, Qualification Information & LOA

Issue of Notice to proceed with the work


(letterhead of the Employer) (date) To (name and address of the Contractor) Dear Sirs: Pursuant to your furnishing the requisite security as stipulated in ITB clause 34.1 and signing of the contract agreement for the construction of @ a Bid Price of Rs., you are hereby instructed to proceed with the execution of the said works in accordance with the contract documents. Yours faithfully,

(Signature, name and title of signatory authorized to sign on behalf of Employer)

Section 2

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Bhyunder Ganga Small Hydro Electric Project Tender Documents Section 2: Forms of Bid, Qualification Information & LOA

Agreement Form
Agreement This agreement, made the ___________________ day of ______________19_______,

between_________________________________________________________________________________ _________________________________________[name and address of Employer] (hereinafter called the Employer) of the one part and ______________________________________________ _______________________________________________________________________________________ _________________________________________________________[name and address of contractor] (hereinafter called the Contractor ) of the other part. Whereas the Employer is desirous that the Contractor execute _____________________________ _______________________________________________________________________________________ _______________________________________________________________________________________ __[ name and identification number of Contract] (hereinafter called the Works) and the Employer has accepted the Bid by the Contractor for the execution and completion of such Works and the remedying of any defects therein, at a contract price of Rs................................................................................. NOW THIS AGREEMENT WITNESSETH as follows: 1. In this Agreement, words and expression shall have the same meanings as are respectively assigned to them in the Conditions of Contract hereinafter referred to, and they shall be deemed to form and be read and construed as part of this Agreement. In consideration of the payments to be made by the Employer to the Contractor as hereinafter mentioned, the Contractor hereby covenants with the Employer to execute and complete the Works and remedy any defects therein in conformity in all aspects with the provisions of the Contract. The Employer hereby covenants to pay the Contractor in consideration of the execution and completion of the Works and the remedying the defects wherein the Contract Price or such other sum as may become payable under the provisions of the Contract at the times and in the manner prescribed by the Contract. The following documents shall be deemed to form and be read and construed as part of this Agreement, viz.: i) ii) iii) iv) v) vi) vii) viii) ix) Letter of Acceptance; Notice to proceed with the works; Contractors Bid; Contract Data; Conditions of contract (including Special Conditions of Contract); Specifications; Drawings; Bill of Quantities and Schedule of Prices & Quantities; and Any other document listed in the Contract Data as forming part of the contract.

2.

3.

4.

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Bhyunder Ganga Small Hydro Electric Project Tender Documents Section 2: Forms of Bid, Qualification Information & LOA
In witness whereof the parties thereto have caused this Agreement to be executed the day and year first before written. The Common Seal of ____________________________________________________________

was hereunto affixed in the presence of: Signed, Sealed and Delivered by the said _________________________________________________ _____________________________________________________________________________________ _____________________________________________________________________________________ in the presence of:

Binding Signature of Employer Binding Signature of Contractor

_________________________________________________

_____________________________________________________

Section 2

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Bhyunder Ganga Small Hydro Electric Project Tender Documents Section 3: Conditions of Contract

SECTION 3: CONDITIONS OF CONTRACT

Section 3

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Bhyunder Ganga Small Hydro Electric Project Tender Documents Section 3: Conditions of Contract

Conditions of Contract
Table of Contents A. 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. 14. 15. 16. 17. 18. 19. 20. 21. 22. 23. 24. 25. 26. General Definitions Interpretation Language and Law Engineer's Decisions Delegation Communications Subcontracting Other Contractors Personnel Employers & Contractor's Risks Employer's Risks Contractors Risks Insurance Site Investigation Reports Queries about the Contract Data Contractor to Construct the Works The Works to Be Completed by the Intended Completion Date Approval by the Engineer Safety Discoveries Possession of the Site Access to the Site Instructions Disputes Procedure for Disputes Replacement of Adjudicator Page No. 27 28 29 29 29 29 29 29 29 29 29 30 30 30 30 30 30 31 31 31 31 31 31 31 31 32 32 32 33 33 33 33 C. 33. 34. 35. 36. D. 37. 38. 39. 40. 41. 42. 43. 44. 45. 46. 47. 48. 49. 50. 51. 52. 53. 54. Quality Control Identifying Defects Tests Correction of Defects Uncorrected Defects Cost Control Bill of Quantities Changes in the Quantities Variations Payments for Variations Cash Flow Forecasts Payment Certificates Payments Compensation Events Tax Currencies Price Adjustments Retention Liquidated Damages Bonus Advance Payment Securities Day works Cost of Repairs Page No. 33 33 33 34

34 34 34 34 35 35 35 35 36 37 37 37 38 38 38 38 38 39

E. Finishing the Contract 55. 56. 57. 58. 59. 60. 61. 62. F. Completion Taking Over Final Account Operating and Maintenance Manuals Termination Payment upon Termination Property Release from Performance Special Conditions of Contract 39 39 39 39 39 40 40 40 41

B. Time Control 27. Program 28. Extension of the Intended Completion Date 29. Acceleration 30. Delays Ordered by the Engineer 31. Management Meetings 32. Early Warning

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Bhyunder Ganga Small Hydro Electric Project Tender Documents Section 3: Conditions of Contract

Conditions of Contract
A. General 1. Definitions 1.1 Terms which are defined in the Contract Data are not also defined in the Conditions of Contract but keep their defined meanings. Capital initials are used to identify defined terms. Bill of Quantities means the priced and completed Bill of Quantities (Civil) & Schedule of Prices & Quantities (Hydro Mechanical) forming part of the Bid. Compensation Events are those defined in Clause 44 hereunder. The Completion Date is the date of completion of the Works as certified by the Engineer in accordance with Sub Clause 55.1. The Contract is the contract between the Employer and the Contractor to execute, complete and maintain the Works. It consists of the documents listed in Clause 2.3 below. The Contract Data defines the documents and other information which comprise the Contract. The Contractor is a person or corporate body whose Bid to carry out the Works has been accepted by the Employer. The Contractor's Bid is the completed Bidding document submitted by the Contractor to the Employer. The Contract Price is the price stated in the Letter of Acceptance and thereafter as adjusted in accordance with the provisions of the Contract. Days are calendar days; months are calendar months. A Defect is any part of the Works not completed in accordance with the Contract. The Defects Liability Period is the period named in the Contract Data and calculated from the Completion Date. Drawings mean drawings forming part of the Contract and any subsequent amendments issued by the Engineer for the execution of the Contract. The Employer is the party who will employ the Contractor to carry out the Works. The Engineer is the person named in the Contract Data (or any other competent person appointed and notified to the contractor to act in replacement of the Engineer) who is responsible for supervising the execution of the works and administering the Contract. Equipment is the Contractor's machinery and vehicles brought temporarily to the Site to construct the Works. The Initial Contract Price is the Contract Price listed in the Employer's Letter of Acceptance.

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Bhyunder Ganga Small Hydro Electric Project Tender Documents Section 3: Conditions of Contract
The Intended Completion Date is the date on which it is intended that the Contractor shall complete the Works. The Intended Completion Date is specified in the Contract Data. The Intended Completion Date may be revised only by the Engineer by issuing an extension of time. Materials are all supplies, including consumables, used by the contractor for incorporation in the Works. Milestone is an intermediate event or landmark identified in the Contract, which is critical for Completion of Works within the Intended Completion Date. Plant is any integral part of the Works which is to have a mechanical, electrical, electronic or chemical or biological function. The Site is the area defined as such in the Contract Data. Site Investigation Reports are those which were included in the Bidding documents and are factual interpretative reports about the surface and sub-surface conditions at the site. Specification means the Specification of the Works included in the Contract and any modification or addition made or approved by the Engineer. The Start Date is given in the Contract Data. It is the date when the Contractor shall commence execution of the works. It does not necessarily coincide with any of the Site Possession Dates. A Subcontractor is a person or corporate body who has a Contract with the Contractor to carry out a part of the work in the Contract which includes work on the Site. Temporary Works are works designed, constructed, installed, and removed by the Contractor which are needed for construction or installation of the Works. A Variation is an instruction given by the Engineer which varies the Works. The Works are what the Contract requires the Contractor to construct, install, and turn over to the Employer, as defined in the Contract Data. 2. Interpretation 2.1 In interpreting these Conditions of Contract, singular also means plural, male also means female or neuter, and the other way around. Headings have no significance. Words have their normal meaning under the language of the Contract unless specifically defined. The Engineer will provide instructions clarifying queries about the Conditions of Contract. If sectional completion is specified in the Contract Data, references in the Conditions of Contract to the Works, the Completion Date, and the Intended Completion Date apply to any Section of the Works (other than references to the Completion Date and Intended Completion date for the whole of the Works). The documents forming the Contract shall be interpreted in the following order of priority: (1) (2) (3) (4) (5) (6) (7) Section 3 Agreement Letter of Acceptance, notice to proceed with the works Contractors Bid Contract Data Conditions of Contract including Special Conditions of Contract Specifications Drawings Page 28 of 118

2.2

2.3

Bhyunder Ganga Small Hydro Electric Project Tender Documents Section 3: Conditions of Contract
(8) (9) 3. Bill of Quantities and any other document listed in the Contract Data as forming part of the Contract.

Language and Law 3.1 The language of the Contract and the law governing the Contract are stated in the Contract Data.

4.

Engineer's Decisions 4.1 Except where otherwise specifically stated, the Engineer will decide contractual matters between the Employer and the Contractor in the role representing the Employer.

5.

Delegation 5.1 The Engineer may delegate any of his duties and responsibilities to other people after notifying the Contractor and may cancel any delegation after notifying the Contractor.

6.

Communications 6.1 Communications between parties which are referred to in the conditions are effective only when in writing and delivered by hand (against receipt), sent by mail or courier, or transmitted using any of the systems of electronic transmission as mutually agreed. A notice shall be effective only when it is hand delivered (against receipt).

7.

Subcontracting 7.1 The Contractor may subcontract with the approval of the Engineer but may not assign the Contract without the approval of the Employer in writing. Subcontracting does not alter the Contractor's obligations.

8.

Other Contractors 8.1 The Contractor shall cooperate and share the Site with other contractors, public authorities, utilities, and the Employer between the dates given in the Schedule of Other Contractors. The Contractor shall as referred to in the Contract Data, also provide facilities and services for them as described in the Schedule. The employer may modify the schedule of other contractors and shall notify the contractor of any such modification.

9.

Personnel 9.1 The Contractor shall employ the key personnel named in the Schedule of Key Personnel as referred to in the Contract Data to carry out the functions stated in the Schedule or other personnel approved by the Engineer. The Engineer will approve any proposed replacement of key personnel only if their qualifications, abilities, and relevant experience are substantially equal to or better than those of the personnel listed in the Schedule. If the Engineer asks the Contractor to remove a person who is a member of the Contractors staff or his work force stating the reasons the Contractor shall ensure that the person leaves the Site within seven days and has no further connection with the work in the Contract.

9.2

10.

Employers and Contractor's Risks 10.1 The Employer carries the risks which this Contract states are Employers risks, and the Contractor carries the risks which this Contract states are Contractors risks.

11.

Employer's Risks 11.1

The Employer is responsible for the excepted risks which are (a) in so far as they directly affect the execution of the Works in the Employers country, the risks of war, hostilities, invasion, act of foreign enemies, rebellion, revolution, insurrection or military or usurped power, civil war, riot Section 3 Page 29 of 118

Bhyunder Ganga Small Hydro Electric Project Tender Documents Section 3: Conditions of Contract
commotion or disorder (unless restricted to the Contractors employees), and contamination from any nuclear fuel or nuclear waste or radioactive toxic explosive, or (b) a cause due solely to the design of the Works, other than the Contractors design. 12. Contractors Risks 12.1 All risks of loss of or damage to physical property and of personal injury and death which arise during and in consequence of the performance of the Contract other than the excepted risks are the responsibility of the Contractor.

13.

Insurance 13.1 The Contractor shall provide, in the joint names of the Employer and the Contractor, insurance cover from the Start Date to the end of the Defects Liability Period, in the amounts and deductibles stated in the Contract Data for the following events which are due to the Contractors risks: (a) (b) (c) (d) 13.2 loss of or damage to the Works, Plant and Materials; loss of or damage to Equipment; loss of or damage of property (except the Works, Plant, Materials and Equipment) in connection with the Contract; and personal injury or death.

Policies and certificates for insurance shall be delivered by the Contractor to the Engineer for the Engineers approval before the Start Date. All such insurance shall provide for compensation to be payable in the types and proportions of currencies required to rectify the loss or damage incurred. If the Contractor does not provide any of the policies and certificates required, the Employer may effect the insurance which the Contractor should have provided and recover the premiums the Employer has paid from payments otherwise due to the Contractor or, if no payment is due, the payment of the premiums shall be a debt due. Alterations to the terms of an insurance shall not be made without the approval of the Engineer. Both parties shall comply with any conditions of the insurance policies.

13.3

13.4 13.5 14.

Site Investigation Reports 14.1 The Contractor, in preparing the Bid, shall rely on any site Investigation Reports referred to in the Contract Data, supplemented by any information available to the Bidder.

15.

Queries about the Contract Data 15.1 The Engineer will clarify queries on the Contract Data.

16.

Contractor to Construct the Works 16.1 The Contractor shall construct and install the Works in accordance with the Specification and Drawings.

17.

The Works to Be Completed by the Intended Completion Date 17.1 The Contractor may commence execution of the Works on the Start Date and shall carry out the Works in accordance with the program submitted by the Contractor, as updated with the approval of the Engineer, and complete them by the Intended Completion Date.

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Bhyunder Ganga Small Hydro Electric Project Tender Documents Section 3: Conditions of Contract
18. Approval by the Engineer 18.1 The Contractor shall submit Specifications and Drawings showing the proposed Temporary Works to the Engineer, who is to approve them if they comply with the Specifications and Drawings. The Contractor shall be responsible for design of Temporary Works. The Engineer's approval shall not alter the Contractor's responsibility for design of the Temporary Works. The Contractor shall obtain approval of third parties to the design of the Temporary Works where required. All Drawings prepared by the Contractor for the execution of the temporary or permanent Works, are subject to prior approval by the Engineer before their use.

18.2 18.3 18.4 18.5 19. Safety 19.1

The Contractor shall be responsible for the safety of all activities on the Site.

20. Discoveries 20.1 Anything of historical or other interest or of significant value unexpectedly discovered on the Site is the property of the Employer. The Contractor is to notify the Engineer of such discoveries and carry out the Engineer's instructions for dealing with them.

21.

Possession of the Site 21.1 The Employer shall give possession of all parts of the Site to the Contractor. If possession of a part is not given by the date stated in the Contract Data the Employer is deemed to have delayed the start of the relevant activities and this will be Compensation Event.

22.

Access to the Site 22.1 The Contractor shall allow the Engineer and any person authorized by the Engineer access to the Site, to any place where work in connection with the Contract is being carried out or is intended to be carried out and to any place where materials or plant are being manufactured / fabricated / assembled for the works.

23.

Instructions 23.1 The Contractor shall carry out all instructions of the Engineer which comply with the applicable laws where the Site is located.

24.

Disputes 24.1 If the Contractor believes that a decision taken by the Engineer was either outside the authority given to the Engineer by the Contract or that the decision was wrongly taken, an attempt will be made by both the parties to resolve the matter amicably. Discussions for amicable settlement shall start within 14 days of the notification of the Engineer's decision. If amicable settlement fails, the dispute shall be referred to Arbitration without any further delay and within 21 days of failure of amicable settlement.

25.

Procedure for Disputes 25.1 25.2 Either party may refer a dispute to Arbitration as per the procedure laid down in sub-clause 25.2 below. .

(a) In case of Dispute or difference arising between the Employer and a domestic contractor relating to any matter arising out of or connected with this agreement, such disputes or difference shall be settled in accordance with the Arbitration and Conciliation Act, 1996. The Section 3 Page 31 of 118

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arbitral tribunal shall consist of 3 arbitrators one each to be appointed by the Employer and the Contractor. The third Arbitrator shall be chosen by the two Arbitrators so appointed by the Parties and shall act as Presiding arbitrator. In case of failure of the two arbitrators appointed by the parties to reach upon a consensus within a period of 30 days from the appointment of the arbitrator appointed subsequently, the Presiding Arbitrator shall be appointed by the /President of the Institution of Engineers (India) (b) In the case of dispute with a Foreign contractor the dispute shall be settled in accordance with provisions of UNCITRAL Arbitration Rules. The Arbitral Tribunal shall consist of three Arbitrators one each to be appointed by the Employer and the Contractor. The third Arbitrator shall be chosen by the two Arbitrators so appointed by the Parties, and shall act a presiding arbitrator. In case of failure of the two arbitrators appointed by the parties to reach upon a consensus within a period of 30 days from the appointment of the arbitrator appointed subsequently, the Presiding arbitrator shall be appointed by the President of the Institution of Engineers (India). (c) If one of the parties fails to appoint its arbitrator in pursuance of sub-clause (a) and (b) above within 30 days after receipt of the notice of the appointment of its arbitrator by the other party, then the President of the Institution of Engineers (India), both in cases of the Foreign Contractor as well as Indian Contractor, shall appoint the arbitrator. A certified copy of the order of the President of the Institution of Engineers (India), making such an appointment shall be furnished to each of the parties. (d) Arbitration proceedings shall be held at New Delhi, India, and the language of the arbitration proceedings and that of all documents and communications between the parties shall be English. (e) The decision of the majority of arbitrators shall be final and binding upon both parties. The cost and expenses of Arbitration proceedings will be paid as determined by the arbitral tribunal. However, the expenses incurred by each party in connection with the preparation, presentation, etc. of its proceedings as also the fees and expenses paid to the arbitrator appointed by such party or on its behalf shall be borne by each party itself. (f) Performance under the contract shall continue during the arbitration proceedings and payments due to the contractor by the owners shall not be withheld, unless they are the subject matter of the arbitration proceedings. 26. 27. Deleted . B. Time Control Program 27.1 Within the time stated in the Contract Data the Contractor shall submit to the Engineer for approval a Program showing the general methods, arrangements, order, and timing for all the activities in the Works along with monthly cash flow forecast. An update of the Program shall be a program showing the actual progress achieved on each activity and the effect of the progress achieved on the timing of the remaining work including any changes to the sequence of the activities. The Contractor shall submit to the Engineer, for approval, an updated Program at intervals no longer than the period stated in the Contract Data. The Engineer's approval of the Program shall not alter the Contractor's obligations. The Contractor may revise the Program and submit it to the Engineer again at any time. A revised Program is to show the effect of Variations and Compensation Events.

27.2

27.3 27.4

28. Extension of the Intended Completion Date 28.1 The Engineer shall extend the Intended Completion Date if a Compensation Event occurs or a Variation is issued which makes it impossible for Completion to be achieved by the Intended Page 32 of 118

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Completion Date without the Contractor taking steps to accelerate the remaining work and which would cause the Contractor to incur additional cost. 28.2 The Engineer shall decide whether and by how much to extend the Intended Completion Date within 21 days of the Contractor asking the Engineer for a decision upon the effect of a Compensation Event or Variation and submitting full supporting information. If the Contractor has failed to give early warning of a delay or has failed to cooperate in dealing with a delay, the delay by this failure shall not be considered in assessing the new Intended Completion Date.

29.

Deleted .

30. Delays Ordered by the Engineer 30.1 31. The Engineer may instruct the Contractor to delay the start or progress of any activity within the Works.

Management Meetings 31.1 Either the Engineer or the Contractor may require the other to attend a management meeting. The business of a management meeting shall be to review the plans for remaining work and to deal with matters raised in accordance with the early warning procedure. The Engineer shall record the business of management meetings and is to provide copies of his record to those attending the meeting and to the Employer. The responsibility of the parties for actions to be taken is to be decided by the Engineer either at the management meeting or after the management meeting and stated in writing to all who attended the meeting.

31.2

32.

Early Warning 32.1 The Contractor is to warn the Engineer at the earliest opportunity of specific likely future events or circumstances that may adversely affect the quality of the work, increase the Contract Price or delay the execution of works. The Engineer may require the Contractor to provide an estimate of the expected effect of the future event or circumstance on the Contract Price and Completion Date. The estimate is to be provided by the Contractor as soon as reasonably possible. The Contractor shall cooperate with the Engineer in making and considering proposals for how the effect of such an event or circumstance can be avoided or reduced by anyone involved in the work and in carrying out any resulting instruction of the Engineer. C. Quality Control

32.2

33.

Identifying Defects 33.1 The Engineer shall check the Contractor's work and notify the Contractor of any Defects that are found. Such checking shall not affect the Contractor's responsibilities. The Engineer may instruct the Contractor to search for a Defect and to uncover and test any work that the Engineer considers may have a Defect

34.

Tests 34.1 If the Engineer instructs the Contractor to carry out a test not specified in the Specification to check whether any work has a Defect and the test shows that it does, the Contractor shall pay for the test and any samples. If there is no Defect the test shall be a Compensation Event.

35.

Correction of Defects 35.1 The Engineer shall give notice to the Contractor of any Defects before the end of the Defects Liability Period, which begins at Completion and is defined in the Contract Data. The Defects Liability Period shall be extended for as long as Defects remain to be corrected.

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35.2 36. Every time notice of a Defect is given, the Contractor shall correct the notified Defect within the length of time specified by the Engineers notice.

Uncorrected Defects 36.1 If the Contractor has not corrected a Defect within the time specified in the Engineers notice, the Engineer will assess the cost of having the Defect corrected, and the Contractor will pay this amount. D. Cost Control

37.

Bill of Quantities 37.1 The Bill of Quantities shall contain items for the construction, installation, testing, and commissioning work to be done by the contractor in accordance with the provisions of the contract. The Bill of Quantities is used to calculate the Contract Price. The Contractor is paid for the quantity of the work done in accordance with the Specifications and Drawings at the rate in the Bill of Quantities for each item.

37.2

38. Changes in the Quantities 38.1 If the final quantity of the work done differs from the quantity in the Bill of Quantities for the particular item by more than 25 percent provided the change exceeds 1% of initial Contract Price, the Engineer shall adjust the rate to allow for the change. There shall be no adjustment of individual rates or the overall Contract Price for any percentage change in the Initial Contract Price arising from changes in quantities, other than those specified in Sub-Clause 38.1. If requested by the Engineer, the Contractor shall provide the Engineer with a detailed cost breakdown of any rate in the Bill of Quantities.

38.2

38.3 39.

Variations 39.1 Change in the Quantities qualifying for rate adjustment as specified in Sub-clause 38.1, extra and substituted items of work constitute a Variation. All Variations shall be included in updated Programs produced by the Contractor.

40.

Payments for Variations 40.1 The Contractor shall provide the Engineer with a quotation (with breakdown of unit rates) for carrying out the Variation when requested to do so by the Engineer. The Engineer shall assess the quotation, which shall be given within seven days of the request or within any longer period stated by the Engineer and before the Variation is ordered. If the work in the Variation corresponds with an item description in the Bill of Quantities and if, in the opinion of the Engineer, the quantity of work above the limit stated in Sub Clause 38.1 does not cause the cost per unit of quantity to change, the rate in the bill of Quantities shall be used to calculate the value of the Variation. If the cost per unit of quantity changes, or if the nature of the work in the Variation does not correspond with items in the Bill of Quantities, the Engineer shall seek quotation of new rates from the Contractor for the relevant items of work. If the Contractor's quotation is unreasonable, the Engineer may order the Variation and make a change to the Contract Price which shall be based on Engineers own assessment of the effects of the Variation on the Contractor's costs. The Engineers assessment shall be based on documentary evidence of basic rates for Materials, Equipment & labour wages and standard norms of CWC/CPWD/BIS for usage and indirect charges.

40.2

40.3

If the urgency of varying the work would prevent a quotation being given and considered without delaying the work, the Engineer shall decide a provisional rate for regulating progress payments, till such time a new rate is decided. Section 3 Page 34 of 118

40.4

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40.5 There shall be no adjustment of individual rates or the overall Contract Price for any percentage change in the Initial Contract Price arising from a Variation, other than those specified in the SubClauses under this Clause 40. The Contractor shall not be entitled to additional payment for costs that could have been avoided by giving early warning.

41.

Cash flow forecasts 41.1 When the Program is updated, the contractor is to provide the Engineer with an updated cash flow forecast.

42.

Payment Certificates 42.1 The Contractor shall submit to the Engineer, monthly statements of the value of the work completed less the cumulative amount certified previously. This monthly statement shall cover the works executed during the month and shall be submitted by 15th of the following month. The Engineer shall check the Contractor's monthly statement and within 14 days of submission of the monthly statement certify the amount to be paid to the Contractor after taking into account any credit or debit for the month in question in respect of materials for the works in the relevant amounts and under conditions set forth in sub-clause 51(3) of the Contract Data (Secured Advance). The value of work executed shall be determined by the Engineer. The value of work executed shall comprise the value of the quantities of the items in the Bill of Quantities completed in accordance with Preamble to Bills of Quantities. The value of work executed shall include the valuation of Variations and Compensation Events. The Engineer may exclude any item certified in a previous certificate or reduce the proportion of any item previously certified in any certificate in the light of later information. The payment against first monthly statement shall be released only after the Contractor submits proofs of the following: i. Proof of registration with the Provident Fund Authority ii. Proof of Registration with ESI iii. Insurance policies as required under the Contract

42.2

42.3 42.4 42.5 42.6 42.7

43.

Payments 43.1 Payments shall be adjusted for deductions for advance payments, retention, other recoveries in terms of the contract and taxes, at source, as applicable under the law. The Employer shall pay the Contractor the amounts certified by the Engineer within 28 days of the date of each certificate. If the Employer makes a late payment, the Contractor shall be paid interest on the late payment in the next payment. Interest shall be calculated from the date by which the payment should have been made upto the date when the late payment is made at 12% per annum. If an amount certified is increased in a later certificate or as a result of an award by an Arbitrator, the Contractor shall be paid interest upon the delayed payment as set out in this clause. Interest shall be calculated from the date upon which the increased amount would have been certified in the absence of dispute. Items of the Works for which no rate or price has been entered in will not be paid for by the Employer and shall be deemed covered by other rates and prices in the Contract.

43.2

43.3 44.

Compensation Events 44.1 The following are Compensation Events unless they are caused by the Contractor: (a) The Employer does not give access to the Site by the Site Possession Date stated in the Contract Data. Page 35 of 118

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(b) (c) (d) The Employer modifies the schedule of other contractors in a way which affects the work of the contractor under the contract. The Engineer orders a delay or does not issue Drawings, Specifications or instructions required for execution of works on time. Ground conditions are substantially more adverse than could reasonably have been assumed before issuance of Letter of Acceptance from the information issued to Bidders (including the Site Investigation Reports), from information available publicly and from a visual inspection of the Site. The Engineer gives an instruction for dealing with an unforeseen condition, caused by the Employer, or additional work required for safety or other reasons. Other contractors, public authorities, utilities or the Employer does not work within the dates and other constraints stated in the Contract, and they cause delay or extra cost to the Contractor. The effect on the Contractor of any of the Employers Risks. Other Compensation Events listed in the Contract Data or mentioned in the Contract.

(e) (f)

(g) (h) 44.2

If a Compensation Event would cause additional cost or would prevent the work being completed before the Intended Completion Date, the Contract Price shall be increased and/or the Intended Completion Date is extended. The Engineer shall decide whether and by how much the Contract Price shall be increased and whether and by how much the Intended Completion Date shall be extended. As soon as information demonstrating the effect of each Compensation Event upon the Contractor's forecast cost has been provided by the Contractor, it is to be assessed by the Engineer and the Contract Price shall be adjusted accordingly. If the Contractor's forecast is deemed unreasonable, the Engineer shall adjust the Contract Price based on Engineers own forecast. The Engineer will assume that the Contractor will react competently and promptly to the event. The Contractor shall not be entitled to compensation to the extent that the Employer's interests are adversely affected by the Contractor not having given early warning or not having cooperated with the Engineer.

44.3

44.4

45.

Tax 45.1 The prices bid by the Contractor shall include all taxes, duties and other charges imposed outside the Employers country on the production, manufacture, sale and transport of the Equipment, Plant, and Materials to be used on or furnished under the Contract, and on the services performed under the Contract. The prices bid by the Contractor shall include all customs duties, import duties, business taxes, and income and all other taxes, duties, levies that may be levied in accordance with the laws and regulations in India on the Equipment, Plant and Materials, (permanent, temporary, and consumable) acquired for the purpose of the Contract and on the services performed under the Contract. However, the Employer shall reimburse the Service Tax on applicable Works Contract Services, subject to a maximum of 4% of contractual payments, plus cess (if any), on production of Assessment Order from Tax Authorities. The Contractor shall raise separate bill for claiming the said reimbursement along with a certified copy of the Assessment Order. Nothing in the Contract shall relieve the Contractor from his responsibility to pay any tax that may be levied in India on profits made by him in respect of the Contract.

45.2

The Contractors staff and labor will be liable to pay personal income taxes in India in respect of such of their salaries and wages as are chargeable under the laws and regulations for the time being in force, and the Contractor shall perform such duties in regard to such deductions thereof as may be imposed on him by such laws and regulations. Section 3 Page 36 of 118

45.3

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45.4 Import of Plant and steel liner plates forming part of Materials are eligible for concessional customs duty covered under Project Imports for which the Employer upon request from the Contractor will issue Project Essentiality Certificate. Import of Equipment (Contractors construction Equipment) and construction materials are not entitled to concessional customs duty under the Project Imports as of now as per the extant Policy of the Govt. of India. The Employer, as such, will not issue any certificate for availing concessional import duty for such items of equipment and materials. 45.5 Deemed Export Benefits are not available for the Equipment (Contractors construction Equipment) and construction materials for civil works as of now as per the extant policy of Govt. of India. The Employer, as such, will not issue any certificate for availing concessional/exemption in duties for such items of equipment and materials. Any increase or decrease in cost resulting from a change in the laws of India (including the introduction of new laws and the repeal or modification of existing laws) or in the judicial or official governmental interpretation of such laws, made after the date 28 days prior to the latest date for submission of tenders shall be reimbursed by the Employer on production of documentary evidence.

45.6

46. Currencies 46.1 47. All payments shall be made in Indian Rupees.

Price Adjustment 47.1 Contract price shall be adjusted for increase or decrease in rates and price of labour, materials, fuels and lubricants in accordance with the following principles and procedures and as per formula given in the contract data: (a) The price adjustment shall apply for the work done from the start date given in the contract data upto end of the initial intended completion date or extensions granted by the Engineer and shall not apply to the work carried out beyond the stipulated time for reasons attributable to the contractor. The price adjustment shall be determined during each quarter from the formula given in the contract data. Following expressions and meanings are assigned to the work done during each quarter: R= Total value of work done during the quarter. It would include the amount of secured advance for materials paid for (if any) during the quarter, less the amount of the secured advance recovered, during the quarter. It will exclude value for works executed under variations for which price adjustment will be worked separately based on the terms mutually agreed.

(b) (c)

47.2

To the extent that full compensation for any rise or fall in costs to the contractor is not covered by the provisions of this or other clauses in the contract, the unit rates and prices included in the contract shall be deemed to include amounts to cover the contingency of such other rise or fall in costs.

48.

Retention 48.1 48.2 The Employer shall retain from each payment due to the Contractor the proportion stated in the Contract Data until Completion of the whole of the Works. On Completion of the whole of the Works half the total amount retained is repaid to the Contractor and half when the Defects Liability Period has passed and the Engineer has certified that all Defects notified by the Engineer to the Contractor before the end of this period have been corrected. Page 37 of 118

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48.3 49. On completion of the whole works, the contractor may substitute retention money with an on demand Bank guarantee. Liquidated Damages The Contractor shall pay liquidated damages to the Employer at the rate per day stated in the Contract Data for each day that the Completion Date is later than the Intended Completion Date (for the whole of the works or the milestone as stated in the contract data). The total amount of liquidated damages shall not exceed the amount defined in the Contract Data. The Employer may deduct liquidated damages from payments due to the Contractor. Payment of liquidated damages does not affect the Contractor's liabilities. If the Intended Completion Date is extended after liquidated damages have been paid, the Engineer shall correct any overpayment of liquidated damages by the Contractor by adjusting the next payment certificate. The Contractor shall be paid interest on the over payment calculated from the date of payment to the date of repayment at the rates specified in Sub Clause 43.1.

49.1

49.2

50. 51.

Deleted Advance Payment 51.1 The Employer shall make advance payment to the Contractor of the amounts stated in the Contract Data by the date stated in the Contract Data, against provision by the Contractor of an Unconditional and irrevocable Bank Guarantee in a form and by a bank acceptable to the Employer in amounts and currencies equal to the advance payment. The guarantee shall remain effective until the advance payment has been repaid, but the amount of the guarantee may be progressively reduced by the amounts repaid by the Contractor. Interest will not be charged on the advance payment. Besides the Bank Guarantee the Contractor shall also be required to submit his Permanent Account Number (PAN) for the advance payment to be released. The Contractor is to use the advance payment only to pay for Equipment, Plant and Mobilization expenses required specifically for execution of the Works. The Contractor shall demonstrate that advance payment has been used in this way by supplying copies of invoices or other documents to the Engineer. The advance payment shall be repaid by deducting proportionate amounts from payments otherwise due to the Contractor, following the schedule of completed percentages of the Works on a payment basis. No account shall be taken of the advance payment or its repayment in assessing valuations of work done, Variations, Compensation Events, or Liquidated Damages. Secured Advance: The Engineer shall make advance payment in respect of materials intended for but not yet incorporated in the Works in accordance with conditions stipulated in the Contract Data.

51.2

51.3

51.4

52.

Securities 52.1 The Performance Security (including additional security for unbalanced bids) shall be provided to the Employer no later than the date specified in the Letter of Acceptance and shall be issued in an amount and form and by a bank acceptable to the Employer, and denominated in Indian Rupees. The Performance Security shall be valid until a date 90 days from the date of expiry of Defects Liability Period and the additional security for unbalanced bids shall be valid until a date 28 days from the date of issue of the certificate of completion.

Dayworks The Engineer may, if in his opinion it is necessary or desirable, issue an instruction that any varied work of minor supplementary nature not covered as a regular item shall be executed on a daywork basis. The Contractor shall then be paid for such varied work under the terms set out in the daywork schedule included in the Contract and at the rates and prices affixed thereto by him in the BOQ. In respect of such of the works executed on a daywork basis, the Contractor shall, during the continuance of such work, deliver each day to the Engineer an exact list (in duplicate) of the names, occupation and time of all workmen employed on such work and a statement, also in duplicate, showing the description and quantity of all materials and Contractors Equipment used thereon or therefor in accordance with such daywork schedule. One copy of each list and statement will, if correct, or when agreed, be signed by the Section 3 Page 38 of 118

53.

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Engineer and returned to the Contractor. The Daywork items shall not be applicable for any regular item(s) for which the valuation shall be done as per provisions of clause 40 of Conditions of Contract. 54. Cost of Repairs 54.1 Loss or damage to the Works or Materials to be incorporated in the Works between the Start Date and the end of the Defects Correction periods shall be remedied by the Contractor at the Contractor's cost if the loss or damage arises from the Contractor's acts or omissions. E. Finishing the Contract 55. Completion 55.1 56. The Contractor shall request the Engineer to issue a Certificate of Completion of the Works and the Engineer will do so upon deciding that the Work is completed.

Taking Over 56.1 The Employer shall take over the Site and the Works within seven days of the Engineer issuing a certificate of Completion.

57. Final Account 57.1 The Contractor shall supply to the Engineer a detailed account of the total amount that the Contractor considers payable under the Contract before the end of the Defects Liability Period. The Engineer shall issue a Defect Liability Certificate and certify any final payment that is due to the Contractor within 56 days of receiving the Contractor's account if it is correct and complete. If it is not, the Engineer shall issue within 56 days a schedule that states the scope of the corrections or additions that are necessary. If the Final Account is still unsatisfactory after it has been resubmitted, the Engineer shall decide on the amount payable to the Contractor and issue a payment certificate, within 56 days of receiving the Contractors revised account.

58. Operating and Maintenance Manuals 58.1 58.2 If as built Drawings and/or operating and maintenance manuals are required, the Contractor shall supply them by the dates stated in the Contract Data. If the Contractor does not supply the Drawings and/or manuals by the dates stated in the Contract Data, or they do not receive the Engineers approval, the Engineer shall withhold the amount stated in the Contract Data from payments due to the Contractor.

59.

Termination 59.1 59.2 The Employer or the Contractor may terminate the Contract if the other party causes a fundamental breach of the Contract. Fundamental breaches of Contract include, but shall not be limited to the following: (a) (b) (c) (d) the Contractor stops work for 28 days when no stoppage of work is shown on the current Program and the stoppage has not been authorized by the Engineer; the Engineer instructs the Contractor to delay the progress of the Works and the instruction is not withdrawn within 28 days; the Employer or the Contractor is made bankrupt or goes into liquidation other than for a reconstruction or amalgamation; a payment certified by the Engineer is not paid by the Employer to the Contractor within 84 days of the date of the Engineer's certificate;

Section 3

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(e) the Engineer gives Notice that failure to correct a particular Defect is a fundamental breach of Contract and the Contractor fails to correct it within a reasonable period of time determined by the Engineer; the Contractor does not maintain a security which is required; the Contractor has delayed the completion of works by the number of days for which the maximum amount of liquidated damages can be paid as defined in the Contract data; and if the Contractor, in the judgment of the Employer has engaged in corrupt or fraudulent practices in competing for or in the executing the Contract. For the purpose of this paragraph : corrupt practice means the offering, giving, receiving or soliciting of any thing of value to influence the action of an official in the procurement process or in contract execution. Fraudulent practice means a misrepresentation of facts in order to influence a procurement process or the execution of a contract to the detriment of the Employer, and includes collusive practice among Bidders (prior to or after bid submission) designed to establish bid prices at artificial non-competitive levels and to deprive the Employer of the benefits of free and open competition. 59.3 When either party to the Contract gives notice of a breach of contract to the Engineer for a cause other than those listed under Sub Clause 59.2 above, the Engineer shall decide whether the breach is fundamental or not. Notwithstanding the above, the Employer may terminate the Contract for convenience. If the Contract is terminated the Contractor shall stop work immediately, make the Site safe and secure and leave the Site as soon as reasonably possible.

(f) (g) (h)

59.4 59.5 60.

Payment upon Termination 60.1 If the Contract is terminated because of a fundamental breach of Contract by the Contractor, the Engineer shall issue a certificate for the value of the work done less advance payments received up to the date of the issue of the certificate, less other recoveries due in terms of the contract, less taxes due to be deducted at source as per applicable law and less the percentage to apply to the work not completed as indicated in the Contract Data. Additional Liquidated Damages shall not apply . If the total amount due to the Employer exceeds any payment due to the Contractor the difference shall be a debt payable to the Employer. If the Contract is terminated at the Employer's convenience or because of a fundamental breach of Contract by the Employer, the Engineer shall issue a certificate for the value of the work done, the reasonable cost of removal of Equipment, repatriation of the Contractor's personnel employed solely on the Works, and the Contractor's costs of protecting and securing the Works and less advance payments received up to the date of the certificate, less other recoveries due in terms of the contract and less taxes due to be deducted at source as per applicable law.

60.2

61.

Property 61.1 All materials on the Site, Plant, Equipment, Temporary Works and Works are deemed to be the property of the Employer, if the Contract is terminated because of a Contractors default.

62.

Release from Performance 62.1 If the Contract is frustrated by the outbreak of war or by any other event entirely outside the control of either the Employer or the Contractor the Engineer shall certify that the Contract has been frustrated. The Contractor shall make the Site safe and stop work as quickly as possible after receiving this certificate and shall be paid for all work carried out before receiving it and for any work carried out afterwards to which commitment was made.

Section 3

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F. Special Conditions of Contract


1. LABOUR : The Contractor shall, unless otherwise provided in the Contract, make his own arrangements for the engagement of all staff and labour, local or other, and for their payment, housing, feeding and transport. The Contractor shall, if required by the Engineer, deliver to the Engineer a return in detail, in such form and at such intervals as the Engineer may prescribe, showing the staff and the numbers of the several classes of labour from time to time employed by the Contractor on the Site and such other information as the Engineer may require. 2. COMPLIANCE WITH LABOUR REGULATIONS : During continuance of the contract, the Contractor and his sub contractors shall abide at all times by all existing labour enactments and rules made thereunder, regulations, notifications and bye laws of the State or Central Government or local authority and any other labour law (including rules), regulations, bye laws that may be passed or notification that may be issued under any labour law in future either by the State or the Central Government or the local authority. Salient features of some of the major labour laws that are applicable to construction industry are given below. The Contractor shall keep the Employer indemnified in case any action is taken against the Employer by the competent authority on account of contravention of any of the provisions of any Act or rules made thereunder, regulations or notifications including amendments. If the Employer is caused to pay or reimburse, such amounts as may be necessary to cause or observe, or for non-observance of the provisions stipulated in the notifications/bye laws/Acts/Rules/regulations including amendments, if any, on the part of the Contractor, the Engineer/Employer shall have the right to deduct any money due to the Contractor including his amount of performance security. The Employer/Engineer shall also have right to recover from the Contractor any sum required or estimated to be required for making good the loss or damage suffered by the Employer. The employees of the Contractor and the Sub-Contractor in no case shall be treated as the employees of the Employer at any point of time. SALIENT FEATURES OF SOME MAJOR LABOUR LAWS APPLICABLE TO ESTABLISHMENTS ENGAGED IN BUILDING AND OTHER CONSTRUCTION WORK. a) b) Workmen Compensation Act 1923: The Act provides for compensation in case of injury by accident arising out of and during the course of employment. Payment of Gratuity Act 1972: Gratuity is payable to an employee under the Act on satisfaction of certain conditions on separation if an employee has completed 5 years service or more or on death the rate of 15 days wages for every completed year of service. The Act is applicable to all establishments employing 10 or more employees. Employees P.F. and Miscellaneous Provision Act 1952: The Act Provides for monthly contributions by the employer plus workers @ 10% or 8.33%. The benefits payable under the Act are : (i) (ii) (iii) d) e) Pension or family pension on retirement or death, as the case may be. Deposit linked insurance on the death in harness of the worker. payment of P.F. accumulation on retirement/death etc.

c)

Maternity Benefit Act 1951: The Act provides for leave and some other benefits to women employees in case of confinement or miscarriage etc.

Contract Labour (Regulation & Abolition) Act 1970: The Act provides for certain welfare measures to be provided by the Contractor to contract labour and in case the Contractor fails to provide, the same are required to be provided, by the Principal Employer by Law. The Principal Employer is required to take Section 3 Page 41 of 118

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Certificate of Registration and the Contractor is required to take license from the designated Officer. The Act is applicable to the establishments or Contractor of Principal Employer if they employ 20 or more contract labour. f) Minimum Wages Act 1948: The Employer is supposed to pay not less than the Minimum Wages fixed by appropriate Government as per provisions of the Act if the employment is a scheduled employment. Construction of Buildings, Roads, Runways are scheduled employments. Payment of Wages Act 1936: It lays down as to by what date the wages are to be paid, when it will be paid and what deductions can be made from the wages of the workers. Equal Remuneration Act 1979: The Act provides for payment of equal wages for work of equal nature to Male and Female workers and for not making discrimination against Female employees in the matters of transfers, training and promotions etc. Payment of Bonus Act 1965: The Act is applicable to all establishments employing 20 or more employees. The Act provides for payments of annual bonus subject to a minimum of 8.33% of wages and maximum of 20% of wages to employees drawing Rs.3500/-per month or less. The bonus to be paid to employees getting Rs.2500/- per month or above upto Rs.3500/- per month shall be worked out by taking wages as Rs.2500/-per month only. The Act does not apply to certain establishments. The newly set-up establishments are exempted for five years in certain circumstances. Some of the State Governments have reduced the employment size from 20 to 10 for the purpose of applicability of this Act. Industrial Disputes Act 1947: The Act lays down the machinery and procedure for resolution of Industrial disputes, in what situations a strike or lock-out becomes illegal and what are the requirements for laying off or retrenching the employees or closing down the establishment. Industrial Employment (Standing Orders) Act 1946: It is applicable to all establishments employing 100 or more workmen (employment size reduced by some of the States and Central Government to 50). The Act provides for laying down rules governing the conditions of employment by the Employer on matters provided in the Act and get the same certified by the designated Authority. Trade Unions Act 1926: The Act lays down the procedure for registration of trade unions of workmen and employers. The Trade Unions registered under the Act have been given certain immunities from civil and criminal liabilities. Child Labour (Prohibition & Regulation) Act 1986: The Act prohibits employment of children below 14 years of age in certain occupations and processes and provides for regulation of employment of children in all other occupations and processes. Employment of Child Labour is prohibited in Building and Construction Industry. Inter-State Migrant workmens (Regulation of Employment & Conditions of Service) Act 1979: The Act is applicable to an establishment which employs 5 or more inter-state migrant workmen through an intermediary (who has recruited workmen in one state for employment in the establishment situated in another state). The Inter-State migrant workmen, in an establishment to which this Act becomes applicable, are required to be provided certain facilities such as housing, medical aid, travelling expenses from home upto the establishment and back, etc. The Building and Other Construction workers (Regulation of Employment and Conditions of Service) Act 1996 and the Cess Act of 1996: All the establishments who carry on any building or other construction work and employs 10 or more workers are covered under this Act. All such establishments are required to pay cess at the rate not exceeding 2% of the cost of construction as may be modified by the Government. The Employer of the establishment is required to provide safety measures at the Building or construction work and other welfare measures, such as Canteens, First-Aid facilities, Ambulance, Housing accommodations for workers near the work place etc. The Employer to whom the Act applies has to obtain a registration certificate from the Registering Officer appointed by the Government. Factories Act 1948: The Act lays down the procedure for approval at plans before setting up a factory, health and safety provisions, welfare provisions, working hours, annual earned leave and rendering information regarding accidents or dangerous occurrences to designated authorities. It is applicable to premises employing 10 persons or more with aid of power or 20 or more persons without the aid of power engaged in manufacturing process. Page 42 of 118

g) h)

i)

j)

k)

l)

m)

n)

o)

p)

Section 3

Bhyunder Ganga Small Hydro Electric Project Tender Documents Section 3: Conditions of Contract
3. PROTECTION OF ENVIRONMENT: Add the following as GCC Clause 16.2: The contractor shall 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. During continuance of the contract, the contractor and his sub-contractors shall abide at all times by all existing enactments on environmental protection and rules made thereunder, regulations, notifications and bye-laws of the State or Central Government, or local authorities and any other law, bye-law, regulations that may be passed or notification that may be issued in this respect in future by the State or Central Government or the local authority. The Contractor shall be required to ensure that there shall be no indiscriminate felling of trees by him or his labourers or their family members and he will be solely responsible for their acts in this regard. The Contractor shall try to maintain ecological balance by preventing deforestation, water pollution and defacing of natural landscape in the vicinity of work areas. The Contractor shall so conduct his construction operations as to prevent an unnecessary destruction of, scarring or defacing the natural surroundings in the vicinity of the work area. In order to maintain the ecological balance, the Contractor shall specifically observe the following instructions: a) Where unnecessary destruction, scarring, damage or defacing may occur as a result of the Contractor's operation, the same shall be repaired, replanted or otherwise corrected at the Contractor's expense. The Contractor will prevent scattering of rocks and other debris outside the work areas. All work areas shall be smoothed and graded in a manner to conform to the natural appearance of the landscape as directed by the Engineer. b) All trees and shrubs which are not specifically required to be cleared or removed for construction purposes, shall be preserved and shall be protected from any damage that may be caused by the Contractor's construction, operation and equipment. The removal of trees or shrubs will be permitted only after prior approval by the Engineer. Special care shall be exercised where trees or shrubs are exposed to injuries by construction equipment, blasting, excavating, dumping, chemical damage or other operation and the Contractor shall adequately protect such trees by use of protective barriers or other methods approved by the Engineer. Trees shall not be used for anchorage. c) The Contractor's construction activities shall be performed by methods that will prevent entrance or accidental spillage of solid matter contaminants, debris and other objectionable pollutants and wastage into the river. Pollutants and wastes shall be disposed of in a manner and at sites approved by the Engineer. The Contractor shall fully comply with Water (Prevention and Control of Pollution) Act 1974- Section 33(A). d) In the Conduct of construction activities and operation of equipment, the Contractor shall utilize such practicable methods and devices as are reasonably available to control, prevent and otherwise minimize air pollution. The Contractor shall fully comply with Air (Prevention and Control of Pollution) Act, 1981 Section 31(A). e) Burning of materials resulting from clearing of tree, bush, combustible construction materials and rubbish may be permitted only when atmospheric conditions for burning are considered favourable. f) Contractor (including its sub-contractor) shall provide alternative fuel arrangement i.e. cooking gas/kerosene oil, electricity free of cost to all its canteen /mess, labourers and staff working in the Project during the whole period of construction activity to avoid felling of trees for use as firewood. In case alternative fuel supply i.e. kerosene, gas, electricity is not available in the project area, the contractor shall approach the forest department/forest corporation to open fuel depot in the project area for meeting the demand of fuel wood. g) No wood shall be used for scaffolding, shuttering or centering in the construction of dam, weir, power house, tunnels and similar works. h) Wood, if required, shall have to be purchased from the State Forest Department. i) The Contractor shall be required to prevent flowing of debris and muck in to the river. Necessary retaining structures like walls/crates etc shall be constructed for the purpose. The Contractor shall also stabilize the muck fully before handing it over to the Employer at the end of construction period. Section 3 Page 43 of 118

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Separate payment will not be admissible to the Contractor for complying with the provisions of this clause except as specifically provided for in Bill of Quantities. All other costs shall be deemed to have been included in the items mentioned in the Bill of Quantities. If any provision(s) is not complied with, within a reasonable time even after issue of a notice in this respect, the necessary operations would be carried out by the Engineer at the cost of the Contractor. Salient features of some of the major laws that are applicable are given below : The Water (Prevention and Control of Pollution) Act, 1974, This provides for the prevention and control of water pollution and the maintaining and restoring of wholesomeness of water. 'Pollution' means such contamination of water or such alteration of the physical, chemical or biological properties of water or such discharge of any sewage or trade effluent or of any other liquid, gaseous or solid substance into water (whether directly or indirectly) as may, or is likely to, create a nuisance or render such water harmful or injurious to public health or safety, or to domestic, commercial, industrial, agricultural or other legitimate uses, or to the life and health of animals or plants or of aquatic organisms. The Air (Prevention and Control of Pollution) Act, 1981, This provides for prevention, control and abatement of air pollution. 'Air Pollution' means the presence in the atmosphere of any 'air pollutant', which means any solid, liquid or gaseous substance (including noise) present in the atmosphere in such concentration as may be or tend to be injurious to human beings or other living creatures or plants or property or environment. The Environment (Protection) Act, 1986, This provides for the protection and improvement of environment and for matters connected therewith, and the prevention of hazards to human beings, other living creatures, plants and property. 'Environment' includes water, air and land and the inter-relationship which exists among and between water, air and land, and human beings, other living creatures, plants, micro-organism and property. The Public Liability Insurance Act, 1991, This provides for public liability insurance for the purpose of providing immediate relief to the persons affected by accident occurring while handling hazardous substances and for matters connected herewith or incidental thereto. Hazardous substance means any substance or preparation which is defined as hazardous substance under the Environment (Protection) Act 1986, and exceeding such quantity as may be specified by notification by the Central Government. 4. 4.1 Explosives Contractor shall procure and use Class-II explosives as use of Class III explosives i.e. Nitro Glycerine based are banned. Contractor shall procure explosives, detonators etc. after he has constructed the magazine(s) or has arranged portable magazines, has obtained license for procuring and using the same, has arranged licensed blaster and complied with all the relevant provisions of Indian Explosives Act, 1940 with amendments thereto. Power and Water Supply The Contractor shall make arrangements for the full anticipated requirement of construction power by installing Diesel Generating sets and operate these sets for generation of power required for execution of Works under the Contract, at no cost to the Employer. Silent DG sets are preferred. The Contractor shall make his own arrangement of water required for and in connection with the work at his cost. Hydro Mechanical Works

5. 5.1

5.2 6.

6.1 The conditions given here in under are specifically hydro for mechanical works, i.e. gates and penstocks since their design, fabrication, transportation and delivery to site, storage at site, erection and testing is to be carried out by the Contractor. 6.2 The Contractor shall submit 6 (six) sets each of the complete designs and drawings for each equipment in not more than three groups as mentioned below for the approval of the Engineer before commencing any fabrication work: i. Gates Embedded parts etc ii. Gates Gate details Section 3 Page 44 of 118

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iii. Hoists/Mono rail & its supporting structure Complete iv. Penstocks Complete The time required for the approval of drawings and designs by the Engineer or his representative will be 28 days from receipt of such drawings and designs by him. Any fabrication work performed by the Contractor prior to approval of the drawings shall be at his risk. The Engineer shall have the right to ask the Contractor to make changes in the design / drawings which, in the opinion of the Engineer, may be necessary to make the equipment conform to the provisions and intent of these Specifications without additional cost to the Employer. 6.3 The equipment, its material, accessories, supplies and services must be complete in every respect in accordance with the technical specifications, drawings and other documents as set forth in these tender documents. 6.4 The Contractor shall carry out, and be responsible for, the design of works. Design shall be prepared by qualified designers who are engineers or other professionals. The Contractor warrants that he, his designers and design Subcontractors have the experience and capability necessary for the design. The Contractor undertakes that the designers shall be available to attend discussions with the Engineer at all reasonable times, until the expiry date of the relevant Defects Liability Period. The Contractor shall scrutinise the Employers Requirements/Technical Specifications (including design criteria, if any) and within 28 days of Start Date give notice to the Engineer of any error, fault or other defect found in the Employers Requirements/Technical Specifications. After receiving this notice, the Engineer shall determine whether a variation order is required and shall give notice to the Contractor accordingly. 6.5 The Contractor shall carry out the training of Employers Personnel in the operation and maintenance of the Works. 6.6 The Contractor shall prepare, and keep up-to-date, a complete set of as-built records of the execution of the Works, showing the exact as-built locations, sizes and details of the work as executed. These records shall be kept o the Site. 6.7 Prior to commencement of the Tests on Completion, the Contractor shall supply to the Engineer provisional operation and maintenance manuals in sufficient detail for the Employer to operate, maintain, dismantle, reassemble, adjust and repair the Plant. The Works shall not be considered to be completed for the purposes of taking-over until the Engineer has received final operation and maintenance manuals in such detail, and any other manual specified in the Employers Requirements / Technical Specifications for these purposes. . 6.8 If errors, omissions, ambiguities, inconsistencies, inadequacies or other defects are found in the Contractors drawings, designs, documents, they and the Works shall be corrected at the Contractors cost, notwithstanding any consent or approval of the Engineer. 6.9 Program milestones with regard to design submissions, fabrication, delivery, erection and testing and commissioning would be intimated by the Engineer later and would need to be agreed upon by the Contractor. 6.10 Contents of Tenders The Contractor shall furnish the following along with his tender 6.10.1 Preliminary designs and drawings showing the principal features and dimensions of the following: A. All Gates a. General arrangement with overall dimensions b. Gate structure showing the field joints, if any. c. Gate seals and their fixing arrangements d. Wheel assemblies and wheel bearings e. Tracks and seal seats f. Method on installation of embedded parts g. Materials proposed to be used for different parts of the gates h. Any other special feature B. Rope Drum Hoists / Mono Rails a. General arrangements with overall dimensions b. Various parts of the hoist/ mono rail Section 3 Page 45 of 118

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c. d. e. f. g. Method of fixing rope to the gate leaf Schematic electrical control diagrams for gate hoist/mono rail Materials proposed to be used in different parts of the hoist/mono rail Hoist/mono rail supporting structures Any other special feature i. Manufacturers name and salient features of the Hoist/mono rail, if bought out ii. Rating of motors, name of manufacturer and characteristics including starting and breakdown torque etc iii. Brake types and sizes including torque rating iv. Reducer type, size and rating v. Manufacturers name of major control equipment vi. Materials proposed to be used for major components

C. Penstocks a. General arrangement with overall dimensions and plate thickness b. Jointing details c. Any other relevant detail/drawing 6.10.2 Data in respect of the following: A. All Gates a. Weights of complete assembled gate and gate frame to be supplied (kg) and its split (i) gate leaf, (ii) tracks and seals (iii) embedded parts (iv) lifting beam (v) any other details B. Rope Drum Hoist/Mono Rails a. Proposed speed of lifting and lowering (cm per minute) and weight of assembled hoists C. Penstocks a. Estimated weight of penstocks (kg) 6.10.3 Technical Data Sheets. The format of the Technical Data Sheets is given in Part D of Volume II B of Section 5 Specifications. These need to be duly filled in by the bidder and submit with the tender Estimated weights and sizes of major items involved in transport of the gates cranes and hoists with sufficient data on chargeable weights and sizes during transportation A statement of all items and services to be furnished under the bid if not fully covered in the schedule of equipment Complete list of all spare parts proposed to be supplied under each schedule of supply

6.10.4 6.10.5 6.10.6

Section 3

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Bhyunder Ganga Small Hydro Electric Project Tender Documents Section 4: Contract Data

SECTION 4 : CONTRACT DATA

Section 4

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Bhyunder Ganga Small Hydro Electric Project Tender Documents Section 4: Contract Data

Items marked "N/A" do not apply in this Contract. The following documents are also part of the Contract: [2.3] Clause Reference The Schedule of Operating and Maintenance Manuals The Schedule of Key Milestones The Schedule of Key Personnel The Methodology and Program of Construction The Schedule of Key and Critical equipment to be deployed on the work as per agreed program of construction Site Investigation reports [58] [8] [9] [27] [27] [14]

The Employer is Name: SUPER HYDRO ELECTRIC PRIVATE LIMITED, (1.1)

Address: DLF CYBER CITY PHASE III, BUILDING NO. 9, TOWER B, 16TH FLOOR, GURGAON- 122002 INDIA Name of authorized Representative: to be intimated later The Engineer isan employee of the Employer as notified from time to time by the Employer. All decisions conveyed by the Engineer shall deemed to be Employers decision. (1.1) The name and identification number of the Contract is 24.3 MW, BHYUNDER GANGA HYDRO ELECTRIC PROJECT, GOVINDGHAT, DISTT. CHAMOLI (UTTARAKHAND). SHEP/KG/CW The Works consist of Construction of the civil and hydro mechanical (including design) works of Bhyunder anga Hydro Electric Project comprising of Diversion Weir and Intake structure on the Bhyunderganga River, Intake Channel, Desilting Basin, Power Channel, Tunnel in rock (2.5m diameter D shaped with concrete lined approximately 2747m long), Penstock Valve House and Penstock (775 m in underground excavation and 186m excavation in overburden with rock outcrops for construction of penstock saddle support, crossings and anchor blocks), Surface Power House, Transformer and Potyard (Civil works), and Tail Race channel (Electromechanical supply and installation by others). In addition, the Contractor shall construct such accommodation, plant yard workshops, office, housing and camps for himself, his staff and employees as he considers appropriate. The scope of work shall also include all general and preparatory works and shall include work of any kind necessary for the due and satisfactory construction, completion and maintenance of the Works in accordance with the Drawings and these Specifications and further drawings and orders that may be issued by the Engineer from time to time There will be separate contract for Supply and Installation of electrical and mechanical works and the civil contractor will have to work in coordination with the electro mechanical contractor to ensure that there is no conflict between them during execution of the two contracts The design and engineering shall be carried out by a consultant for which Employer has already entered into a contract with M/s. Halcrow Consulting India Pvt. Ltd. (1.1) ________________________ The Start Date shall be the date of issue of notice to proceed with the work. The Intended Completion Date for the whole of the Works is 27 months with the following milestones: Milestone dates: Section 4 Page 48 of 118 (1.1) [17, 28]

Bhyunder Ganga Small Hydro Electric Project Tender Documents Section 4: Contract Data
Physical works to be completed Period from the date of issue of notice to proceed with the work 1.5 months 10.0 months. 17.5 months 12.5 months 21.5 months 26.0 months

Milestone 1 i.e. Completion of Equipment mobilization Milestone 2 i.e. Completion of Powerhouse substructure concrete Milestone 3 i.e. Handover of Crane rail and E&M foundations Milestone 4 i.e. Completion excavation of HRT to penstock Milestone 5 i.e. Complete Installation of steel lining Milestone 6 i.e. Water Availability for Commissioning The Contractor shall submit a revised Program for the Works within 30 days of delivery of the Letter of Acceptance. The Site Possession Date shall be: All work fronts of the Site within 15 days of Start Date. The Site is located near Govindghat, Distt. Chamoli, Uttarakhand. and is defined in drawings nos._WHBGYU 001 The Defects Liability Period is 365 days. Insurance requirements are as under: Minimum Cover for Insurance 1.25 times the Contract Price. Contractors Construction Equipment brought to site for their replacement value. INR 1 Million for each accident on reinstatement basis but in total not exceeding INR 4 million.

[27] [21] [1] [35] [13] Maximum deductible for Insurance 5% of each loss.

(i)

Works and of Plant and Materials in respect of all insurable Risks Loss or damage to Equipment Other Property

(ii)

(iii)

As per the discretion of the Contractor subject to Indian Insurance Regulatory norms. 2% of loss of each occurrence.

(iv)

Personal injury or death insurance: a) for other people;

b) for Contractors Employees

For body injury , INR 0.25 NIL Million and/or death INR 0.5 Million per person for each accident. In accordance with the statutory applicable to India

requirements

The period between Program updates shall be 60 days. The language of the Contract documents is English The law which applies to the Contract is the laws of Union of India The currency of the Contract is Indian Rupees. The formula(e) for adjustment of prices are:

[27] [3] [3] [46] [47]

Section 4

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R = Value of work as defined in Clause 47.1 of Conditions of Contract. Adjustment for labour component (i) Price adjustment for increase or decrease in the cost due to labour shall be paid in accordance with the following formula: VL = 0.85 x Pl/100 x R x (Li - Lo)/Lo VL = increase or decrease in the cost of work during the quarter under consideration due to changes in rates for local labour. Lo = the average All India consumer price index for wages of industrial workers , General Index Base (2001=100) for the quarter preceding the date of opening of Bids as published by Labour Bureau, Ministry of Labour, Government of India. Li = The average All India consumer price index for wages of industrial workers, General Index Base (2001=100) for the quarter under consideration as published by Labour Bureau, Ministry of Labour, Government of India. Percentage of labour component of the work.

Pl =

Adjustment for cement component (ii) Price adjustment for increase or decrease in the cost of cement procured by the contractor shall be paid in accordance with the following formula. Vc = 0.85 x Pc/100 x R x (Ci - Co)/Co Vc = Increase or decrease in the cost of work during the quarter under consideration due to changes in the rates for cement Co = The all India average wholesale price index for cement for the quarter preceding the date of opening of Bids as published by the Ministry of Industrial Development, Government of India, New Delhi (Base 1993-94=100) Ci = The all India average wholesale price index for cement for the quarter under consideration as published by Ministry of Industrial Development, Government of India, New Delhi (Base 1993-94=100) Pc = Percentage of cement component of the work Adjustment for steel component (iii) Price adjustment for increase or decrease in the cost of steel procured by the Contractor shall be paid in accordance with the following formula: Vs = 0.85 x Ps/100 x R x (Si - So)/So Vs = Increase or decrease in the cost of work during the quarter under consideration due to changes in the rates for steel So = The all India average wholesale price index for steel (Bars and Rods) for the quarter preceding the date of opening of Bids as published by the Ministry of Industrial Development, Government of India, New Delhi(Base 1993-94=100) Si = The all India average wholesale price index for steel (Bars and Rods) for the quarter under consideration as published by Ministry of Industrial Development, New Delhi(Base 199394=100)

Ps = Percentage of steel component of the work. Section 4 Page 50 of 118

Bhyunder Ganga Small Hydro Electric Project Tender Documents Section 4: Contract Data
Adjustment of POL (fuel and lubricant) component (v) Price adjustment for increase or decrease in cost POL (fuel and lubricant) shall be paid in accordance with the following formula: Vf = 0.85 x Pf/100 x R x (Fi - Fo)/Fo Vf = Increase or decrease in the cost of work during the quarter under consideration due to changes in rates for fuel and lubricants. Fo = The average official retail price of High Speed Diesel (HSD) at the existing consumer pumps of IOC at Rishikesh (Uttarakhand) on the day thirty days prior to the date of opening of Bids. Fi = The average official retail price of HSD at the existing consumer pumps of IOC at Rishikesh (Uttarakhand) for the 15th day of the middle calendar month of the quarter under consideration. Percentage of fuel and lubricants component of the work.

Pf =

Adjustment for Plant and Machinery Spares component (vi) Price adjustment for increase or decrease in the cost of plant and machinery spares procured by the Contractor shall be paid in accordance with the following formula: Vp = 0.85 x Pp/100 x R x (Pi - Po)/Po Vp = Increase or decrease in the cost of work during the quarter under consideration due to changes in the rates for plant and machinery spares Po = The all India average wholesale price index for heavy machinery and parts for the quarter preceding the date of opening of Bids as published by the Ministry of Industrial Development, Government of India, New Delhi (Base 1993-94=100) Pi = The all India average wholesale price index for heavy machinery and parts for the quarter under consideration as published by Ministry of Industrial Development, New Delhi (Base 1993-94=100)

Pp = Percentage of plant and machinery spares component of the work Adjustment of Local materials (vii) Price adjustment for increase or decrease in cost of local materials other than cement, steel, bitumen and POL procured by the contractor shall be paid in accordance with the following formula: Vm = 0.85 x Pm/100 x R x (Mi - Mo)/Mo Vm = Increase or decrease in the cost of work during the quarter under consideration due to changes in rates for local materials other than cement, steel, bitumen and POL. Mo = The all India average wholesale price index (all commodities) for the quarter preceding the date of opening of Bids, as published by the Ministry of Industrial Development, Government of India, New Delhi (Base 1993-94=100). Mi = The all India average wholesale price index (all commodities) for the quarter under consideration as published by Ministry of Industrial Development, Government of India, New Delhi (Base 1993-94=100). Pm = Percentage of local material component (other than cement, steel, bitumen and POL) of the work. Section 4 Page 51 of 118

Bhyunder Ganga Small Hydro Electric Project Tender Documents Section 4: Contract Data
The following percentages will govern the price adjustment for the entire contract: 1. 2. 3. 4. 6. 7. Labour - Pl Cement - Pc Steel - Ps POL - Pf Plant & Machinery Spares - PP Other materials - Pm Total = 25 % = 20 % = 15 % = 15 % = 15 % = 10 % 100% [48] [49]

The proportion of payments retained (retention money) shall be 6% from each bill subject to a maximum of 5% of final contract price The liquidated damages for the whole of the works are 0.1% of Contract Price per day of delay and that for the milestone are as under : For milestone 1 For milestone 2 For milestone 3 For milestone 4 For milestone 5 For milestone 6 0.01% of Contract Price per day 0.02% of Contract Price per day 0.05% of Contract Price per day 0.05% of Contract Price per day 0.05% of Contract Price per day 0.09% of Contract Price per day

The maximum amount of liquidated damages for the whole of the works is ten percent of final contract price. The amounts of the advance payment are: Nature of Advance 1. Mobilization 2. Equipment Amount (Rs.) 5% of the Contract price Conditions to be fulfilled

[49] [51]

On submission of un-conditional Bank Guarantee. After equipment is brought to site (provided the Engineer is satisfied that the equipment is required for performance of the contract) and on submission of unconditional Bank Guarantee for amount of advance.

90% for new equipment. Total amount will be subject to a maxi-mum of 5% (This advance is not of the Contract price. applicable for equipment already owned by the contractor.) 3. Secured advance for cement and steel brought to site 75% of Invoice value

a) The materials are in-accordance specification for Works;

with

the

b) Such materials have been delivered to site, and are properly stored and protected against damage or deterioration to the satisfaction of the Engineer. The contractor shall store the bulk material in measurable stacks.; c) The Contractors records of the requirements, orders, receipt and use of materials are kept in a form approved by the Engineer and such records shall be available for inspection by the Engineer;

Section 4

d) The contractor has submitted with his monthly statement the estimated value of the materials on site together with such documents as may be required by the Engineer for the purpose of valuation of the materials and providing evidence of ownership and payment thereof; Page 52 of 118

Bhyunder Ganga Small Hydro Electric Project Tender Documents Section 4: Contract Data
e) Ownership of such materials shall be deemed to vest in the Employer for which the Contractor has submitted an Indemnity Bond in an acceptable format; and f) The quantity of materials in store are not in excess of the drawdown schedule mutually agreed between the Engineer and the Contractor.

(The advance payment will be paid to the Contractor no later than 15 days after fulfillment of the above conditions). Repayment of advance payment for mobilization and equipment: [51] The advance shall be adjusted at the rate of 6.25% / 12.,5% from the interim payments certified by the Engineer under the Contract until such time as the entire advance is fully recovered , always provided that the loan shall be completely repaid prior to the expiry of the original time for completion pursuant to Clauses 17 and 28. Repayment of secured advance: The advance shall be repaid from each succeeding monthly payments to the extent materials [for which advance was previously paid pursuant to Clause 51.4 of G.C.C. and 51(3) of Contract Data] have been incorporated into the Works. The Securities shall be for the following minimum amounts equivalent as a percentage of the Contract Price: Performance Security for 5 per cent of contract price plus Rs.......... as additional security in terms of ITB Clause 29.5. The standard form of Performance Security acceptable to the Employer shall be an unconditional Bank Guarantee of the type as presented in Section 8 of the Bidding Documents. *The date by which operating and maintenance manuals are required is within 28 days of issue [58] of certificate of completion of whole or section of the work, as the case may be. *The date by which as-built drawings (in scale ) in 2 sets are required is within 28 days of issue of certificate of completion of whole or section of the work, as the case may be. [58] The amount to be withheld for failing to supply as built drawings and/or operating and maintenance manuals *by the date required is 1% of Contract Price in each case. The following events shall also be fundamental breach of contract: 59.2] 1. The Contractor has contravened Sub-clause 7.1 and Clause 9.0 of GCC [58] [52]

The percentage to apply to the value of the work not completed representing the Employer's [60] additional cost for completing the Works shall be 50 percent. * Score out whichever is inapplicable

Section 4

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Bhyunder Ganga Small Hydro Electric Project Tender Documents Section 5: Specifications

SECTION 5 : SPECIFICATIONS

Section 5

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Bhyunder Ganga Small Hydro Electric Project Tender Documents Section 5: Specifications

PLEASE REFER VOLUME II

Section 5

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Bhyunder Ganga Small Hydro Electric Project Tender Documents Section 7: Bill of Quantities

SECTION 6: DRAWINGS

Section 7

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Bhyunder Ganga Small Hydro Electric Project Tender Documents Section 7: Bill of Quantities

Drawings Details
S. No. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 Drawing Number WH/BHYU/001 WH/BHYU/006 WH/BHYU/007 WH/BHYU/201 WH/BHYU/202 WH/BHYU/203 WH/BHYU/301 WH/BHYU/302 WH/BHYU/303 WH/BHYU/402 WH/BHYU/601 WH/BHYU/611 WH/BHYU/701 WH/BHYU/702 WH/BHYU/703 Drawing Title Location Map Project Layout Plan and L-Section Bridge and Road Alignment Diversion Weir & Intake Plan Diversion Weir & Intake Cross Sections Diversion Weir & Intake Cross Sections Desander GA Plan Desander Plan & Section Power Channel & HRT Intake HRT Cross Sectional Details Penstock Plan & L-Section Valve House Plan & Cross Section Power House Layout Power House Plan Power House Cross Section

Section 7

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Bhyunder Ganga Small Hydro Electric Project Tender Documents Section 7: Bill of Quantities

SECTION 7: 7.1 BILL OF QUANTITIES (CIVIL WORKS) & 7.2 SCHEDULE OF PRICES & QUANTITIES (HM WORKS)

Section 7

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Bhyunder Ganga Small Hydro Electric Project Tender Documents Section 7: Bill of Quantities

ABSTRACT OF THE BILL OF QUANTITIES AND SCHEDULE OF PRICES & QUANTITIES


ITEM A Part 1 Part 2 Part 3 Part 4 Part 5 Part 6 Part 7 Part 8 Part 9 Part 10 Part 11 Part 12 DESCRIPTION CIVILS GENERAL AND PRELIMINARY DIVERSION WEIR AND INTAKE WORKS INTAKE CHANNEL DE_SILTING BASIN POWER CHANNEL HEADRACE TUNNEL AND ADIT POWER HOUSE TAIL RACE PENSTOCK AND VALVE HOUSE CIVIL WORKS POTYARD AND WORKS FACILITY AREA CIVIL WORKS MISCELLANEOUS DAYWORKS SUB TOTAL CIVIL WORKS Amount in Words HYDROMECHANICAL DIVERSION WEIR UNDER SLUICE SERVICE GATE AND ROPE DRUM HOIST DIVERSION WEIR UNDER SLUICE STOP LOGS AND MONO RAIL CRANE INTAKE SERVICE GATE & ROPE DRUM HOIST INTAKE STOPLOG TRASH RACK DESILTING BASIN INLET GATE AND ROPE DRUM HOIST HRT INTAKE TRASK RACK DRAFT TUBE GATES STEEL PENSTOCKS, MANHOLES AND BIFURCATION ETC SLUICE VALVES SPARE PARTS SUB TOTAL HYDRO MECHANICAL WORKS Amount in Words TOTAL OF CIVIL AND HYDRO MECHA NICAL WORKS Amount in Words AMOUNT

B 1 2 3 4 5 6 7 8 9 10 11

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7.1 BILL OF QUANTITIES (CIVIL WORKS)

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7.1 Preamble To Bills Of Quantities (Civil)


General 1. 1) The Contractors attention is drawn to the Conditions of Contract, Specification and Contract Drawings, which are to be read in conjunction with the Bills of Quantities. 2. 1) The clauses of the Preamble will apply to any additional or varied work which the Contractor may be required to execute under this Contract except where specifically varied therein. 3. 1) The works as executed will be measured for payment in accordance with the Preamble and the Bills Quantities and under the items therein set forth notwithstanding any custom to the contrary. The net measurement or weight of the finished work in place will always be taken except where otherwise specified. 2) No allowance will be made for waste, laps, cuttings, etc. and no deduction will be made for grout nicks. Joggle holes or rounded arises or for shrinkages or for fitting iron work etc., except where otherwise specified. 3) The quantities shall be computed from the Drawings unless directed otherwise by the Contract and no allowance shall be made for bulking, shrinkage or waste. Units 4. 1) All sizes and quantities have been entered the Bill of Quantities in metric units. The following units of measurement and abbreviations shall be used. Unit Millimetre Metre Kilometer Square millimeter Square metre Hectare Cubic metre Kilogramme Tonne Sum Number Hour Week Rates and Sums to be for work complete Abbreviation mm m km mm2 m2 ha m3 kg t sum No. or nr hr wk

Application of Preamble to additional work Method of measurement

5. 1) Notwithstanding any limits which may be implied by the wording of the individual items and or the explanations in this Preamble, it is to be clearly understood by the Contractor that the rates and sums which he enters in the Bill of Quantities are to be for the work finished complete in every respect; he will be deemed to have taken full account of all requirements and obligations, whether expressed or implied, covered by all parts of this Contract and to have priced the items herein accordingly. The rates and sums must therefore include for all incidental and contingent expenses and risk of every kind necessary to construct, complete and maintain the whole of the Works in accordance with Contract. Full allowance is to be made in the rates and sums against the various items in the Bills of Quantities for all
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costs involved in the following inter alia, which are referred to and /or specified herein: (i) (ii) (iii) (iv) (v) (vi) (vii) (viii) (ix) (x) all setting out and survey work; temporary access unless separately billed, fencing, watching, lighting, and all temporary works, including the removal on completion; paying fees and giving notices to Authorities, payment of all patent rights and royalties the provision of measures required to prevent contamination of the river by toxic chemical substance, sewage, oil, grease, as well as from the washing of sand or crushed materials reinstatement of the Site safety precautions and all measure to prevent and suppress fire and other hazards interference to the works by persons or vehicles being legitimate users of the facilities on or in the vicinity of the Site the protection and safety of adjacent structures in so far as they may be affected by the Works or Temporary works supplying, maintaining and removing on completion the Contractors own housing for staff and labour, offices workshop, plantyard, transport, welfare, service in connection therewith and other facilities required by the Contractor unless separately billed and all other charges in connection therewith. Working in the dry except where otherwise permitted by the Specifications The supply, inspection and testing of materials intended for use in the works including the provision and use of equipment Maintaining public roads and footpaths and maintaining access upon existing roads or recognized routes including dust prevention measures Opening quarries and borrow pits, including all surveys, site investigations, removal and disposal of overburden, trimming of quarry or borrow put faces and floors and all measures necessary to render quarries or puts safe and free draining on completion; Providing transporting to Site, setting to work, operating (including all fuel and consumable stores), maintaining and removal from the Site upon completion all constructional equipment necessary for the execution of the works and including the cost of all statutory tests, permits and other requirements in respect of such equipment. The recruitment and all incidental costs and expenses involved in the provision of all necessary skilled and unskilled labour and supervision. Protecting completed work from following operations, making good damage to completed work due to any cause whatsoever for clearing away rubbish as it accumulates and leaving the Site in a tidy condition Working adjacent to or across existing services or installations.

(xi) (xii) (xiii) (xiv)

(xv)

(xvi) (xvii)

(xviii)

2) No claim will be considered for further payment in respect of any work or method of execution which may be described in the Contract or is inherent in the construction of the Works and detailed in the Drawings on account of: (i) items having been omitted from the Bills of Quantities or (ii) any omission from the wording of the items or from clauses in the
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(iii)

Preamble or no mention of such work or method of execution having been made in the Preamble.

3) Items against which no rate or sum is entered by the Contractor, whether quantities are stated or not, will not be paid for when executed but will be regarded as covered by other rates in the Bills of Quantities. 4) The quantities for work and materials stated in the Bills of Quantities are not to be considered as limiting or extending the amount of work to be done or materials to be supplied by the Contractor. Rates and Sums to bear a proper relation to work 6. 1) The rates and sums entered by the Contractor against all items in the Bills of Quantities must bear a proper relationship to the cost of carrying out the work described in the Contract; all on-costs, profits, overheads and similar charges (unless separately itemised) which are applicable to the Contract as a whole are to be spread over all the rates in the Bills whilst those which apply to particular sections of the Contract are to be spread only over the items to which those sections refer. 7 1) The Contractor shall, when directed by the Engineer, submit detailed Supplementary Schedules breaking down the rates for composite units of work in the Bills of Quantities / Schedule of Prices & Quantities into their component elements in such detail as may be required by the Engineer. 8. 1) Certain items in the Bills of Quantities are designated Provisional Quantity in the described column to indicate that the quantities for the work covered by such items are the best possible estimates that can be made in advance of the execution of the work, or that the provision of such facilities as are described in the item may not in the event be required under this contract. 2) All items so designated will be used only at the direction and discretion of the Engineer. 3) Claims will not be considered in respect of overhead charges or any other costs, which may allegedly result from the omission of all or part of the work covered by such provisional items. Provisional Sums 9. 1) 2) Interim Payment of lump Sums Provisional Sum items will be dealt with as provided for in the Conditions of Contract. Provisional Sums are represented by the words Prov Sum entered in the Unit column.

Breakdown of rates

Provisional Items

10. 1) Interim payment of items priced as lump sums shall be made on the basis of the estimated percentage completion of the work at the time to which the interim measurement relates. 2) Where items such as site establishment are priced as lump sum and include for the establishment, maintenance/operation and removal then, for the purposes of interim payment, establishment when complete shall be deemed to represent forty percent (40%) of the lump sum and removal when complete shall be deemed to represent ten percent (10%) of the lump sum. Fifty percent (50%) shall be paid as equal monthly instalments from completion of establishment until the Completion Date.

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3) For de-watering, the payment shall be released in monthly instalments and the first instalment shall be paid in the month when the dewatering starts and payment for further instalments shall be linked to the expected completion of the dewatering works. 4) Payment for the cofferdam shall be released in three instalments. First instalment shall be released after the first diversion of the river and completion of first stage of the weir. Second instalment shall be released after the second diversion of the river and completion of the second stage of the weir. Contractor is expected to complete the Weir works in two diversions. The third and final instalment shall be released after construction of the Weir is completed. No payment shall be made for any additional requirement of the diversion. 5) The rate for Contractors facilities is based on temporary establishments. Should the Employer wish to retain these facilities on an As-is-where-is basis the Employer will make additional payment at a rate to be mutually agreed. 6) The sum entered in the Bills of Quantities for insurance of the Works and Third Party Liability is the maximum payable subject to approval by the Employer of the quoted amount. The Employer reserves the right to arrange such insurance independently and the actual payment will be the receipted amount actual paid in respect of the approved quote. Dayworks-General 11. 1) The Dayworks Bill of the Bills of Quantities includes general Provisional Sums for use when work is executed on a Daywork basis. Work shall not be executed as Daywork except by written order of the Engineer. Work executed on a Daywork basis shall be valued and payment made only in Indian Rupees The rates paid for labour including chargehands and working gangers shall be those entered by the Contractor in the Dayworks Labour Schedule. The rates shall include for wages, bonus, travel allowance, tool allowance, and all other prescribed payments. In addition the rates shall provide for the costs of supervision, including foremen and walking gangers, paid holidays, overtime, insurances, sick pay, establishment costs, profit and for the use of temporary works erected for other works. The rates will be applied to the net hours worked irrespective of timings. The rates to be inserted in the Dayworks Labour Schedule shall be inclusive of overheads and profit. No payment shall be made in respect of the amount of wages of the Contractors Site Supervisory or Administrative Staff, the costs in respect of which shall be included in the rates entered by the Contractor in the Dayworks Labour Schedule. Gangers or charge-hands working with their gangs will not be counted as Site Supervisory or Administrative Staff. The rates shall include the costs in respect of portable tools such as picks, shovels, barrows, trowels, ladders, hand-saws, buckets, trestles, hammers, chisels and all items of a like nature, which for the purpose of work executed on a daywork basis shall not be considered as Construction Equipment. In the case of equipment operators and helpers the payment shall be calculated using the hours actually worked by the associated equipment
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Labour

2)

Bhyunder Ganga Small Hydro Electric Project Tender Documents Section 7: Bill of Quantities

under sub-clause 4 of this clause. Materials 3) Payment in respect of materials used in the execution of work on a daywork basis shall be the net cost of materials plus the percentage thereof entered in the appropriate item of the Daywork Bill. The Net cost of materials means the net cost at such materials delivered by the supplier to store or stockpile on the Site. The cost of taking the materials from store or stockpile on the Site to the place where they are used shall be paid for at the appropriate daywork rates for labour and Construction Equipment. The Percentage addition to net cost of materials shall cover the costs of taking delivery and putting into the store or stockpile, storage, overheads and other charges and costs in respect of or incidental to the procurement and handling of such materials. Construction Equipment 4) Payment in respect of Construction Equipment employed in the execution of the work on a daywork basis exclusive of drivers, operators and helpers but inclusive of fuel and consumable stores, shall be as entered in the Dayworks Equipment Schedule. Such rates shall apply to Construction Equipment already on the Site at the time of the relevant Engineers order to execute work on a daywork basis. The time for which Construction Equipment is broken down or during which it is being serviced shall not be measured, nor shall that of labour or other Construction Equipment which is unable to work by reason of such breakdown or servicing. Payment for mechanical equipment shall be for the actual hours worked only and no allowance for standing will be made. Sub-Contractors 5) Payment in respect of sub-contractors (other than labour only subcontractors) employed on a daywork basis shall be the sub-contractors accounts at the full amount of the Invoice (without deduction of any cash discount not exceeding 2 %) plus the percentage thereof entered in the appropriate item of the Daywork Bill. Payment for site clearance under the relevant items shall be made when complete whether or not there is any vegetation or obstruction in the areas designated for clearance on the Drawings. Measurement shall be by area to be cleared and as defined on the Drawings. Clearance of the areas required by the Contractor for temporary Works and the like will not be measured and the cost will be deemed to be included in other rates in the Bill of Quantities. Rates for site clearance shall include for uprooting, burning or otherwise disposing of all vegetation including trees, the demolition and removal of buildings, fences etc, all to the approval of the Engineer.

Site Clearance

12. 1)

2)

3)

Stripping of topsoil

13.

(1) Where items have been included for in the Bills of Quantities for stripping soil, the measurement for stripping topsoil will be by area. (2) The rates for stripping shall include for placing the material in spoil banks or replacing after construction as shown on the drawings or directed by

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the Engineer. The rate shall include for regulating trimming and weeding the spoil bank or reinstated ground surface. Excavation 14. 1) The measurement for excavation is the net cubic content of the voids formed by the removal of the material from within the limits of payment stated below. (i) (ii) (iii) the ground surface as agreed with the Engineer prior to excavation and after clearance and top soil stripping. the lines and levels shown on the Drawings as the limits of excavation or such lines and levels as the Engineer may direct or agree. Excavation for structures will be measured as the plan area of the footprint of the structure multiplied by the depth from ground surface after clearance and top soil stripping to formation level, unless indicated otherwise on the Drawings. That is the volume remaining if the finished structure is lifted vertically from the ground. Excavation in underground works shall be measured to the lines and levels shown on the Drawings as the limits of excavation or to the Payment Line where a separate payment line is indicated on the Drawings.

(iv)

2)

Where a sum is included for temporary excavation for working space and temporary slope stabilisation, such sum shall include all temporary measures required for safe slope stabilisation whether by additional temporary excavation or provision of temporary sheet piles, struts, props, etc. The sum shall include for all backfill to temporary excavation areas with compacted selected fill in accordance with the permanent Works Specification. Payment shall be made as 60% on completion of such temporary slope stabilisation measures and the balance 40% when surfaces are reinstated or temporary measures removed. The sum entered in the Bill of Quantities shall be payable irrespective of the stabilisation and working space provisions actually made, providing always that the Contractors method of working is approved by the Engineer and provides safe access and appropriate protection to the Works.

3)

No tolerances have been applied to the limits of payment when calculating the quantities of excavation entered in the Bills of Quantities and no payment will be made for excavation beyond the lines shown on the drawings, unless that excavation has been approved by the Engineer as being due to geological conditions and such approved excavation in tunnel shall be measured under the items for Approved overbreak Materials to be excavated are separately classified for measurement and the following definitions shall apply: Rock shall mean any hard natural or artificial material requiring the use the blasting or pneumatic tools for its removal. Common shall mean all other material not being defined above.

4)

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Boulders occurring within common materials, if greater than 1.0 cubic metre in volume shall be classified as rock and those of smaller dimensions as common material. 5) Unless separately billed, the rates for excavation shall include for: Excavation, mucking out, haulage up to 1 km, deposition of excavated material whether deposited as general filling to embankments etc or to spoil tips. (ii) Replacement of any suitable material rendered unsuitable where the Contractor elects to leave such material for use by construction traffic or uses the material for other temporary purposes other than at the Engineers direction. (iii) Complying with any requirement on the rate of deposition of material in areas of fill and for the conditioning of the material. (iv) Loosening or breaking up unexcavated material before or in the process of excavation (v) Multiple handling of excavated material (vi) Forming and trimming channel excavation side slopes. (vii) Restrictions on working at sites of structures and any additional excavation for temporary working space.. (viii) Taking precautions to avoid damage to structures, existing sewers, drains and services, including providing temporary supports. (ix) In the case of watercourses, working in the dealing with the flow of water up to a water depth of 0.5 m. (x) Where the excavated surface is liable to deteriorate upon exposure delaying the last 150 mm of excavation until immediately before concrete is placed in structural foundations. (xi) Drilling, blasting and use of pneumatic tools in the excavation of rock (xii) Safety measures, including inspections and barring loose rock. (xiii) Provision of any other required services such as compressed air and water. (xiv) Alternate blasting methods where electrical ignition or detonation is not practicable. (xv) All shoring and temporary support other than by methods paid for separately or instructed by the Engineer. (xvi) Washing rock surfaces for inspection (xvii) Dewatering of excavations including provision and operation of pumping equipment. The Contractor shall bear the whole cost of over-excavation and, in addition, of any remedial measures ordered by the Engineer to be taken in areas where un-authorised over excavation/ overbreak has occurred. Lines shown on the drawings to indicate rock elevations or similar are approximate only and shall not be used for determination of excavation payment quantities. Determination of all classification will be made by the Engineer during excavation operations Underwater excavation is defined as excavation to be performed in a water depth of over 0.5 m and shall be covered by the respective unit price for common or rock excavation plus the additional price for underwater excavation as stated in the Bill of Quantities The rates for placement of fill are to include for all costs and contingent expenses incurred in placing, bringing up in stages as specified, spreading,
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(i)

6)

7)

Underwater Excavation

1)

Placement of fill
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Bhyunder Ganga Small Hydro Electric Project Tender Documents Section 7: Bill of Quantities

correcting moisture content, compacting, grading and all other labour necessary to ensure that the fill material is correctly compacted to the required degree and trimmed to the correct profile. 2) The cost of all assistance and equipment utilised by the Contractor on the site for the purposes of tests carried out in-situ or for the purpose of obtaining samples for laboratory tests (such tests referred to in the Specifications is to be included in the rates). The extent and frequency of testing will be in accordance with the Specification and at the direction of the Engineer. The cost of laboratory test carried out by the Engineer will not be charged to the Contractor. The rates for filling with selected excavated material shall include for stock piling and rehandling as necessary to conform to the constraints of the programme. The basis of measurement for filling material is, except where otherwise defined hereinafter, the net cubic volume of the voids required to be filled within the limits of payment; The limits of payment are: (i) (ii) (iii) the existing ground after top soil stripping and site clearance, if applicable, as surveyed and agreed with the Engineer prior to filling the profiles at the limits of various grades or the faces of retaining structures, as indicated on the Drawings; the level or levels and profiles of the finished compacted surfaces of the filling as shown by the appropriate line on the Drawings or ordered by the Engineer.

3) 4) 5)

6)

Slope Support

16. 1) Slope support shall be measured where such support is shown on the drawings and defined in the Specification or directed by the Engineer as permanent support of the excavation, or where the Contractor has installed such support as temporary support and the Engineer agrees that such temporary support is necessary. In such cases, measurement will be made for pressure relief holes and masonry in accordance with clauses 17 and 29 below. 2) The rate for geotextile fabric includes for all laps, wastage, cutting and laying to irregular shapes.

Pressure Relief Holes Concrete

17. 1) The measurement of pressure relief holes shall be on the basis of the actual length instructed or agreed by the Engineer to be drilled. 18. 1) The measurement of each class of concrete, including precast concrete, will be measured net to the lines shown on the Drawings or to such other lines as the Engineer may direct. Filling overbreak with concrete in open excavations will not be measured and the cost will deemed to be included in the rates. The extra cost of placing concrete around reinforcement will be deemed to
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2) 3)
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Bhyunder Ganga Small Hydro Electric Project Tender Documents Section 7: Bill of Quantities

be covered by the rates for reinforced concrete. 4) In the measurement of concrete no allowance will be made for chamfers and the like less than 50 mm by 50 mm rebates, nosings, bolt-holes, waterstops, jointing materials, reinforcement of pipe work of 50 mm o.d. or less. The rates for concrete shall include for formwork unless it is specifically excluded in the wording of the item in the Bills of Quantities or measured as a separate item. The rates inserted in the Bills of Quantities the various classes of concrete are to include for: (iv) (v) (vi) (vii) All costs incurred in determining the trial mixes to satisfy the specification Supplying all materials including cement and admixtures, mixing, transporting, placing and compaction (whether by hand or mechanical vibration) and finishing. Processing and transportation of aggregates including washing, if required Roughening the surface of previously executed work (including those parts of precast concrete work against which in-situ concrete will be placed) in order to provide the necessary bond with new concrete. The costs of placing and compacting concrete around reinforcement Achieving specified tolerances. Levelling and screeding to produce even, uniform surfaces and a surface finish to the standard shown on the drawings on the exposed upper surface of reinforced and mass structural concrete. All formwork to provide the standards of surface finish shown on the drawings. Forming all temporary joints, keys, stunt ends, temporary stops and formwork of other than permanently exposed faces, or expansion, contraction, or construction joints where shown on the Drawings. Curing the concrete and all measures to protect freshly-placed concrete from direct sunlight, rapid dying out or running water except where specifically provided for under a separate item in the Bill of Quantities. Rubbing down and making good the concrete surfaces The costs of providing cubes for control testing throughout the period of concreting and for the testing of concrete and remedial work ordered by the Engineer consequent upon the results of control tests failing below the minima specified. Overtime working to maintain continuity of casting All measures necessary to control the heat of hydration of concrete in large pours including regular night-time concreting, cooling mixing water including ice making plant, shading/sprinkling aggregate A daily return to the Engineer showing the quantities of cement and the number of mixings of each class of concrete used in each section of the Works and Temporary Works.

5)

6)

(viii) (ix) (x) (xi) (xii)

(xiii)

(xiv) (xv)

(xvi) (xvii)

(xviii)

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Shotcrete

19. 1) The measurement of shotcrete shall be on the basis of the nominal thickness of finished work approved by the Engineer and the surface area over which the shotcrete is to be applied, measured to the lines and levels shown on the Drawings as the limits of excavation. 20. 1) Measurement of steel ribs and lagging plates as tunnel support will be by the theoretical unit weight, taken from published standard tables, of the metalwork furnished and installed (including the weight of plates, bolts, etc.) in accordance with the Drawings or as approved by the Engineer. 2) The rates shall include for procurement and transport to site, fixing bolts, ties, erection and blocking against the excavated surface according to design lines and levels. 3) The rate for steel ribs and lagging plates remaining unused on Completion of the Works as a result of stock maintained on site to meet the requirements of the Specification (minimum safe stock levels at site) shall be paid at 70% (Seventy percent) of the rate for supplying and installing such supports. Such unused supports shall be delivered to the Employers storage facility at the Site and shall be neatly stacked for future use.

Steel Ribs and Lagging

Grouting Work

21. 1) Drilling for grouting shall be measured as the actual length and number of holes drilled as approved by the Engineer. 2) Grouting materials shall be measured as the actual quantities of materials injected as approved by the Engineer.

Rockbolts

22. 1) 2)

Measurement of rockbolts shall be by number approved by the Engineer and installed by the Contractor. The rate for rockbolts shall include for all drilling, supply of bolts, cement/resin fixing and all accessories such as bearing plates, nut and bevel washer. Separate items are provided for the joint filler, waterstops, dowel bars, painting concrete faces and joint sealants used in the formation of contraction and expansion joints. Similar items are provided for the formation of construction joints where such joints are shown on the Drawings or directed by the Engineer. Construction joints made for the Contractors convenience will not be measured and the cost of forming these joint will be deemed to be included in the rates for concrete. Joint filler to joints shall be measured as the undeveloped area of the joint filler. The rate shall include for all costs in supplying, cutting and fixing the joint filler in position. Waterstops to joints shall be measured as the length of waterstop incorporated in the joint. The rate shall include for supplying, cutting and fixing the waterstop in position, for the fabrication whether on site or off site of any intersections splices of joint. The rate shall also include for any consequential difficulty in placing concrete around the waterstop. Painting concrete faces of joints shall be measured as the undeveloped area of the painted surface. The rate shall include for all costs incurred in supplying and applying the paint.
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Contraction, Expansion & Construction Joints

23. 1)

2)

3)

4)

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Bhyunder Ganga Small Hydro Electric Project Tender Documents Section 7: Bill of Quantities

5)

Joint sealant to joints shall be measured as the length of sealant incorporated in the joint. The rate shall include for the supply and application of the approved sealant and for removing all debris from the joint before the sealant is applied. Steel bar reinforcement and dowel bars will be measured as the net computed weight according to the sizes and shapes shown on the Bar Bending Schedules. . The rates for cutting, bending and fixing steel bar and mesh reinforcement shall include for, transporting within the Site, storing, cleaning, cutting all labours in working, distribution the various parts of the Works, fixing in position and supporting and for the use of binding wire, and for welding where indicated. The weight of steel supports, spacer bars and ties, but excluding stirrups and binders, used to locate and hold the reinforcement in place is not included in the quantity and the cost for these will be deemed to be covered in the rates.. The rates shall include for the supply and fixing of cement blocks and any other measures necessary to ensure the correct position of the reinforcement in the works. The measurement of mesh reinforcement will be net and the rates are to include for cutting to waste and overlaps.

Reinforcement

24. 1) 2)

3)

4) Structural Steelwork and Gates

25. 1) Measurement of structural steelwork will be by the theoretical unit weight, taken from published standard tables, of the metalwork furnished and installed in accordance with the approved Drawings or as directed by the Engineer. No payment shall be made for wastage or overlaps. 2) The rates shall include for preparation of fabrication drawings for approval, procurement and transport to site, galvanising where specified, painting, fixing bolts, screws, rivets and ties and fittings according to design lines and levels.

Not Used Pipework

26. 27. 1)

The rates for pipework are to include for the supply, delivery, transport, storing, handling, bedding, laying, surrounding, compacting and all supports, including those necessary to prevent movement during placing of concrete The rates for pipework are to include for all necessary specials, joints couplings, sleeves, rings, gaskets, bolts and washers and all other jointing materials and cutting, drilling holes, etc., for external protective treatment to pipes and joints as specified and for carrying out all test to the satisfaction of the Engineer, the Contractor shall provide all necessary temporary toppers, anchors, testing equipment and the whole cost of testing will be deemed to be covered by the rates. The rates are also to include for building ends of pipe into structures. Where the pipe manufacturers instructions for laying and jointing pipework enlarge on the Specification, such instructions are to be deemed to form part of the Specification and any further costs incurred in complying with the instruction will be deemed to be covered by the rates. Backfilling of the trench above the pipe surround material is not included in the pipework item and shall be paid for separately in accordance with
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2)

3)

4)
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the excavated trench widths shown in the drawings or stated in the Specification. Galvanized Handrailing 28. 1) 2) The measurement of handrailing shall be the developed length of handrailing. The rate for handrailing shall include for all costs incurred in :(a) Supplying all rails and standards and all other fittings and ironmongery (b) Fitting the rails to the standards (c) Making all joints (d) Fitting all standards to holding down bolts including all necessary leveling shims or packs. (e) All protective treatment and painting Masonry 29. 1) Masonry shall be measured by volume to the lines shown on the Drawings and paid for under the item appropriate to the type of masonry called for. No deduction will be made in the volumetric measurement for grout nicks, joggle holes or rounded arisses. The rates inserted in the Bills of Quantities shall include for all labour, equipment and material involved, including obtaining, selecting, dressing of the stones, all weepholes, pointing and coping and forming of expansion joints. The rates shall also be deemed to include the extra cost of selecting quoin stones and other costs or forming arrises in accordance with the Specification. Fencing shall be measured by the linear metre to the overall dimensions shown on the drawings or other dimensions directed by the Engineer. The rates for fencing shall be for the work complete in every respect and shall include for all excavation, backfilling, erection to line and level, concrete footings, stringing posts, and straining wires, gates, gate, supports, hinges, catches and locks complete with keys.

Fencing

30. 1) 2)

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ITEM DESCRIPTION UNIT QUANTITY RATE AMOUNT

PART 1 - GENERAL AND PRELIMINARY

1.1

Allow for insurance of the Works (125%) & Third Party Liability (Provisional Quantity Item) (Maximum payable - Actual reimbursement at cost) Allow for Performance Bond - Maximum (Actual reimbursement at cost) Provide, maintain and operate Contractor's site establishment, quarries, workshops and offices including road maintenance. Provide, maintain and operate Contractor's staff accommodation and labour colony Provide, maintain and operate medical facilities for Contractor's staff and labour

sum

sum

1.2 1.3

sum sum

sum sum

1.4 1.5

sum sum

sum sum

TOTAL FOR PART 1 GENERAL AND PRELIMINARY

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ITEM DESCRIPTION PART 2 DIVERSION WEIR AND INTAKE WORKS UNIT QUANTITY RATE AMOUNT

2.1 2.1.1 2.1.2

Site Clearance and Dewatering Site clearance and removal of top soil to maximum depth of 150 mm and disposal for haul distance within 500m Temporary cofferdam or alternative arrangements for the diversion of river flows during construction and its removal on completion Dewatering of surface construction sites including supply, installation and removal of pumping equipment from the site

m sum

4,041 sum

2.1.3

sum

sum

2.2 2.2.1 2.2.2 2.2.3

Earthworks and Slope Support Excavation in all types of soil except rock and disposal for haul distance within 500m Excavation in rock and disposal for haul distance within 500m Excavation in all types of soil except rock and place material as compacted fill to service road embankment (Provisional Quantity) Backfilling to Structures with selected granular material from excavation, including compaction. Backfilling to Structures with selected granular material from borrow including compaction. (Provisional Quantity)

m m m

5,062 2,170 122

2.2.4 2.2.5

m m

6,855 122

2.3 2.3.1 2.3.2 2.3.3 2.3.4 2.3.5 2.3.6 2.3.7 2.3.8 2.3.9 2.3.10 2.3.11

Concrete and Masonry Works High performance concrete class M40 in wearing surface of Weir Reinforced concrete Class M25 (Finish U2/F2) Plum concrete Class M20 (Finish U2/F1) (Provisional Quantity) Plain concrete Class M20 in Cut-off (Finish U1/F1 Nominal reinforcement at joints measured in 2.3.6) Plain concrete M20 (Protection blocks) Blinding concrete Class M10 - 100mm nominal thickness Supply, cut, bend & fixing of reinforcement PVC water stop 230mm wide Joint sealing compound Compressible joint filler - Expansion Joints Bitumen paint bond break to Stage I concrete (2 coats) Contraction Joints. Steel rails ISCR50 @29.8 kg/m on the sloped surface

474 8,508 122 323 1,447 190 256 596 596 25 1,192 105

m 3 m m
3

m 3 m tonne m m 2 m 2 m tonne

2.4 2.4.1 2.4.2 2.4.3 2.4.4

Metal Works Medium duty steel access cover 0.9m x 0.9m & frame with lock, including painting. Heavy duty access ladder 10m length cast into Intake wall including painting Secondary concrete M25 to fittings supplied and installed by others Handrailing 900mm high including painting - MS pipe 50mm dia with 50mm dia support at 1.2m centres including 50mm mid-rail

No No m
3

1 1 8 244

2.5 2.5.1 2.5.2 2.5.3

Road Works Road Sub Grade 200mm thick to parking area including compaction Granular Sub Base (GSB) 100mm thick to parking area including compaction WBM Wearing Course material 100mm thick to parking area including compaction

m m m

341 341 341

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2.6 2.6.1 2.6.2 2.6.3 2.6.4 Miscellaneous Rip rap boulder protection (d50 = 1,000mm) to weir Stone pitching (boulders nominal d50 = 300mm)) behind walls Geotextile membrane Gravel filter TOTAL FOR PART 2 DIVERSION WEIR AND INTAKE WORKS m 3 m m 3 m
2 3

1,500 274 365 790

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ITEM DESCRIPTION PART 3 INTAKE CHANNEL UNIT QUANTITY RATE AMOUNT

3.1 3.1.1 3.1.2

Site Clearance and Dewatering Site clearance and removal of top soil to maximum depth of 150 mm and disposal for haul distance within 500m Dewatering of surface construction sites including supply, installation and removal of pumping equipment from the site

m sum

355 sum

3.2 3.2.1 3.2.2 3.2.3

Open Excavation and Slope Support Excavation in all types of soil except rock and disposal for haul distance within 500m Excavation in rock and disposal for haul distance within 500m Excavation in all types of soil except rock and place material as compacted fill to service road embankment (Provisional Quantity) Backfilling to Structures with selected granular material from excavation, including compaction.

m m m

500 210 50

3.2.4

150

3.3 3.3.1 3.3.2 3.3.3 3.3.4 3.3.5 3.3.6 3.3.7

Concrete Works Reinforced concrete Class M25 (Finish U2/F2) Blinding concrete Class M10 - 100mm nominal thickness Supply, cut, bend & fixing of reinforcement PVC water stop 230mm wide Joint sealing compound Compressible joint filler - Expansion Joints Bitumen paint bond break to Stage I concrete (2 coats) Contraction Joints.

m 3 m tonne m m 2 m 2 m

337 38 17 240 240 48 96

TOTAL FOR PART 3 INTAKE CHANNEL

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ITEM DESCRIPTION PART 4 - DE-SILTING BASIN UNIT QUANTITY RATE AMOUNT

4.1 4.1.1 4.1.2

Site Clearance and Dewatering Site clearance and removal of top soil to maximum depth of 150 mm and disposal for haul distance within 500m Dewatering of surface construction sites including supply, installation and removal of pumping equipment from the site

m sum

2,600 sum

4.2 4.2.1 4.2.2 4.2.3

Open Excavation and Slope Support Excavation in all types of soil except rock and disposal for haul distance within 500m Excavation in rock and disposal for haul distance within 500m Excavation in all types of soil except rock and place material as compacted fill to service road embankment (Provisional Quantity) Backfilling to Structures with selected granular material from excavation, including compaction.

m m m

8,650 3,700 500

4.2.4

2,500

4.3 4.3.1 4.3.2 4.3.3 4.3.4 4.3.5 4.3.6 4.3.7 4.3.8

Concrete Works Reinforced concrete Class M25 (Finish U2/F2) Blinding concrete Class M10 - 100mm nominal thickness Supply, cut, bend & fixing of reinforcement Boulder masonry in cement sand mortar (1:4) as permanent formwork PVC water stop 230mm wide Joint sealing compound Compressible joint filler - Expansion Joints Bitumen paint bond break to Stage I concrete (2 coats) Contraction Joints.

m 3 m tonne 3 m m m 2 m 2 m

3,610 175 270 1,050 2,300 2,300 1,132 1,132

4.4 4.4.1 4.4.2 4.4.3 4.4.4 4.4.5 4.5 4.5.1 4.5.2 4.5.3 4.5.4 4.5.5 4.5.6

Road Works Road Sub Grade 200mm thick to road including compaction Granular Sub Base (GSB) 100mm thick to carriageway including compaction WBM Wearing Course material 100mm thick to carriageway including compaction Selected fill to earthen shoulder including compaction Boulder pitching (nominal 150mm thick) to side drain Miscellaneous and Ancillary works Steel Pipe flanged including painting - 1200mm nominal diameter with minimum wall thickness of 8mm Sluice Valve 600mm diameter Random rubble masonry in cement sand mortar (1:3) for pipe supports Plain concrete Class M20 (Finish U1/F1) base for masonry walls and capping Stone Pitching 300mm thick Handrailing 900mm high including painting - MS pipe 50mm dia with 50mm dia support at 1.2m centres including 50mm mid-rail TOTAL FOR PART 4 DE-SILTING BASIN

m m m

600 600 500 100 50

m 3 m

m No 3 m m
3

50 3 5 2 150 230

m m

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ITEM DESCRIPTION PART 5 - POWER CHANNEL UNIT QUANTITY RATE AMOUNT

5.1 5.1.1

5.1.2

Site Clearance and Dewatering Site clearance and removal of top soil to maximum depth of 150 mm and disposal for haul distance within 500m Dewatering of surface construction sites including supply, installation and removal of pumping equipment from the site Open Excavation and Slope Support Excavation in all types of soil except rock and disposal for haul distance within 500m Excavation in rock and disposal for haul distance within 500m Backfilling to Structures with selected granular material from excavation, including compaction.

675

sum

sum

5.2 5.2.1 5.2.2 5.2.3

m m m

1,575 675 356

5.3 5.3.1 5.3.2 5.3.3 5.3.4 5.3.5 5.3.6 5.3.7

Concrete Works Reinforced concrete Class M25 (Finish U2/F2) Blinding concrete Class M10 - 100mm nominal thickness Supply, cut, bend & fixing of reinforcement PVC water stop 230mm wide Joint sealing compound Compressible joint filler - Expansion Joints Bitumen paint bond break to Stage I concrete (2 coats) - Contraction Joints. Miscellaneous Stone Pitching 300mm thick

m 3 m tonne m m 2 m 2 m

828 67 42 280 280 19 19

5.4 5.4.1

75

TOTAL FOR PART 5 POWER CHANNEL

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Bhyunder Ganga Small Hydro Electric Project Tender Documents Section 7: Bill of Quantities
ITEM DESCRIPTION PART 6 HEAD RACE TUNNEL & ADIT UNIT QUANTITY RATE AMOUNT

6.1 6.1.1 6.1.2

Site Clearance and Dewatering Site clearance and removal of top soil to maximum depth of 150 mm and disposal for haul distance within 500m Dewatering of underground excavations including supply, installation and removal of pumping equipment from the site Open Excavation and Slope Support Excavation for tunnel portals in all types of soil except rock and disposal for haul distance within 500m. Excavation for tunnel portals in rock and disposal for haul distance within 500m Shotcrete to excavated slopes. Thickness not greater than 50mm. (Provisional Quantity) Shotcrete to excavated slopes. Thickness 50 to 100mm. (Provisional Quantity) Cement capsule anchor untensioned rockbolts 25mm dia 3.0m long. (Provisional Quantity) Underground Excavation and Rock Support Excavation for tunnel and disposal for haul distance within 500m of tunnel portal:Excavation in 'Good' rock Excavation in 'Poor' rock Excavation in 'Very Poor' rock Excav. in 'Extremely Poor' rock Excav. in 'Overburden" Clear muck and haul for geological falls (Provisional Quantity) Extra over (E.O) for above earthworks items for haul distance beyond 500m and up to 1 km. (Provisional Quantity) Shotcrete in tunnel. Thickness not greater than 50mm. Shotcrete in tunnel. Thickness 50mm to 100mm. Shotcrete in tunnel. Thickness 100mm to 150mm. Cement capsule anchor untensioned rockbolts 25mm dia 2.5m long. (Provisional Quantity) Resin grouted untensioned rockbolts 25mm dia 2.5m long. (Provisional Quantity) Steel Ribs section ISMB 150 and fittings Precast concrete lagging including nominal reinforcement. (Provisional Quantity) Concrete Works Cement concrete Class M25 in tunnel portal and lining Plain concrete Class M10 in tunnel pre-lining behind steel ribs and lagging plates in roof and walls of tunnel, including gunny sacks as necessary. (Provisional Quantity) Supply, cut, bend & fixing of reinforcement TOTAL FOR PART 6 HEAD RACE TUNNEL & ADIT

m sum

600 sum

6.2 6.2.1 6.2.2 6.2.3 6.2.4 6.2.5

m m m m

125 55 10.0 10.0 50

No.

6.3 6.3.1 6.3.2 6.3.3 6.3.4 6.3.5 6.3.6 6.3.7 6.3.8

m 3 m 3 m 3 m 3 m 3 m m
3

15,470 9,303 2,835 1,418 2,125 100

6.3.9 6.3.10 6.3.11 6.3.12 6.3.13 6.3.14 6.3.15

m 3 m 3 m No. No. tonne 3 m

247 241 145 1,200 800 92.0 242

6.4 6.4.1 6.4.3

m 3 m

13,676 50

6.4.4

tonne

57.0

ITEM

DESCRIPTION

UNIT

QUANTITY

RATE

AMOUNT

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PART 7 POWER HOUSE

7.1 7.1.1 7.1.2

Site Clearance and Dewatering Site clearance and removal of top soil to maximum depth of 150 mm and disposal for haul distance within 500m Dewatering of surface construction sites including supply, installation and removal of pumping equipment from the site Earthworks and Slope Support Excavation in all types of soil except rock and disposal for haul distance within 500m Excavation in rock and disposal for haul distance within 500m Excavation in all types of soil except rock and place material as compacted fill to service road embankment Backfilling to Structures with selected granular material from excavation, including compaction. Backfilling to Structures with selected granular material from borrow including compaction. (Provisional Quantity) Concrete and Masonry Works Reinforced concrete M25 in foundations/base slabs (U2/F1 finish) Reinforced concrete M25 in walls and columns (F2 finish) Reinforced concrete M25 in beams and suspended slabs (U2/F2 finish) Blinding concrete Class M10 Supply, cut, bend & fixing of reinforcement PVC water stop 230mm wide Bitumen paint bond break to Stage I concrete (2 coats) Contraction joints Polythene waterproof membrane under floor slab (1000 micron) Heat bonded bitumen waterproof membrane to foundation walls Coursed boulder masonry (nominal 250mm thick) or brick (225mm) in sand cement mortar (3:1), fair face one side Building Works Internal sand cement render (6:1) Nominal 12mm thick fair finish Mosaic Flooring Acid-proof ceramic tile flooring to Battery room Paint to walls and ceilings (3 coats approved water based plastic emulsion) Steel roller shutterfor service bay including all fittings, locks and painting Door D1 - Double 2 x 1.0m x 2.1m) including frame, painting, lock and fittings Door D2 - Single 0.9 m x 2.1m) including frame, painting, lock and fittings Window W1 - Opening 1.5m x 1.5m including frame, painting, fittings, fly mesh and burglar bars Ventilators V- fixed 1m x 0.5m including frame, painting, fittings & protective bars Plumbing and Sanitary Fittings (Electrical connections by others) Water storage tank (polyethylene) 500 Litre Water pump - 0.5 kw including, main switch, air accumulator and integral pressure switch (drawing water from Tail Race chamber) Toilet pan & cistern (Asian) Wash-hand basin Water heater (geyser) 50 Litre

m sum

4,351 sum

7.2 7.2.1 7.2.2 7.2.3 7.2.4 7.2.5

m m m m m

12,631 5,413 500 18,915 3,338

7.3 7.3.1 7.3.2 7.3.3 7.3.4 7.3.5 7.3.6 7.3.7 7.3.8 7.3.9 7.3.10

m m m m tonne m 2 m m m m
2 3

1,630 1,562 1,802 162 498 250 300 1,050 420 232

7.4 7.4.1 7.4.2 7.4.3 7.4.4 7.4.5 7.4.6 7.4.7 7.4.8 7.4.9

6,244 396 39 7,311 36 1 4 10 10

m 2 m 2 m m
2

No No No No

7.5 7.5.1 7.5.2

No No

2 1

7.5.3 7.5.4 7.5.5

No No No

2 2 2

Section 7

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Bhyunder Ganga Small Hydro Electric Project Tender Documents Section 7: Bill of Quantities
7.5.6 7.5.7 Septic Tank including soak pit (5,000 Litre) Drainage/soil pipe 100mm/32mm including screened vent pipe, fittings and access manholes with tamperproof covers. Water supply pipework, taps, valves and fittings (20mm GI pipe & 15mm taps) 7.6 7.6.1 7.6.2 7.6.3 7.6.4 Road Works Road Sub Grade 200mm thick from NH58 to PH including compaction Granular Sub Base (GSB) 100mm thick including compaction WBM Wearing Course material 100mm thick including compaction DBM and BC (Dense bitumenious macadam) 50mm two layers 40 mm and 10 mm )thick including final compaction Miscellaneous 250mm dia filter pipe Geotextile membrane Gravel filter TOTAL FOR PART 7 POWER HOUSE No Sum 1 Sum

7.5.8

Sum

Sum

m m m m

3,300 3,300 2,750 2,750

7.7 7.7.1 7.7.2 7.7.3

m 2 m 3 m

100 80 45

ITEM DESCRIPTION PART 8 TAIL RACE

UNIT

QUANTITY

RATE

AMOUNT

Section 7

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Bhyunder Ganga Small Hydro Electric Project Tender Documents Section 7: Bill of Quantities

8.1 8.1.1 8.1.2

Site Clearance and Dewatering Site clearance and removal of top soil to maximum depth of 150 mm and disposal for haul distance within 500m Dewatering of surface construction sites including supply, installation and removal of pumping equipment from the site Earthworks and Slope Support Excavation in all types of soil except rock and disposal for haul distance within 500m Excavation in rock and disposal for haul distance within 500m Concrete and Masonry Works Reinforced concrete M25 in foundations/walls/slabs Blinding concrete Class M10 Supply, cut, bend & fixing of reinforcement Miscellaneous Stone pitching (boulders nominal d50 = 300mm))

m sum sum

8.2 8.2.1 8.2.2

m m

1,135 485

8.3 8.3.1 8.3.3 8.3.4 8.4 8.4.1

m 3 m tonne

384 20 20

75

TOTAL FOR PART 8 TAIL RACE

ITEM DESCRIPTION PART 9 PENSTOCK & VALVE HOUSE CIVIL WORKS

UNIT

QUANTITY

RATE

AMOUNT

Section 7

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Bhyunder Ganga Small Hydro Electric Project Tender Documents Section 7: Bill of Quantities
9.1 9.1.1 9.1.2 Site Clearance and Dewatering Site clearance and removal of top soil to maximum depth of 150 mm and disposal for haul distance within 500m Dewatering of underground excavations including supply, installation and removal of pumping equipment from the site Open Excavation and Slope Support Excavation for tunnel portals in all types of soil except rock and disposal for haul distance within 500m. Excavation for tunnel portals in rock and disposal for haul distance within 500m Backfilling to Structures with selected granular material from excavation, including compaction. Shotcrete to excavated slopes. Thickness not greater than 50mm. (Provisional Quantity) Shotcrete to excavated slopes. Thickness 50 to 100mm. (Provisional Quantity) Cement capsule anchor untensioned rockbolts 25mm dia 3.0m long. (Provisional Quantity) Underground Excavation and Rock Support Excavation for tunnel and disposal for haul distance within 1 km of tunnel portal:Excavation in 'Good' rock Excavation in 'Poor' rock Excavation in 'Very Poor' rock Excav. in 'Extremely Poor' rock Excav. in 'Overburden" Clear muck and haul for geological falls (Provisional Quantity) Shotcrete in tunnel. Thickness not greater than 50mm. Shotcrete in tunnel. Thickness 50mm to 100mm. Shotcrete in tunnel. Thickness 100mm to 150mm. Cement capsule anchor untensioned rockbolts 25mm dia 2.5m long. (Provisional Quantity) Resin grouted untensioned rockbolts 25mm dia 2.5m long. (Provisional Quantity) Steel Ribs section ISMB 150 and fittings Precast concrete lagging including nominal reinforcement. (Provisional Quantity) Concrete Works Cement concrete Class M25 in tunnel portal and lining Plain concrete Class M10 in tunnel pre-lining behind steel ribs and lagging plates in roof and walls of tunnel, including gunny sacks as necessary. (Provisional Quantity) Supply, cut, bend & fixing of reinforcement Cement sand (1:2) grout to fittings supplied and installed by others (Nominal 10mm thick) Cast in fixings supplied by others Road Works Road Sub Grade 200mm thick from PH to Valve House including compaction Granular Sub Base (GSB) 100mm thick area including compaction WBM Wearing Course material 100mm thick including compaction Miscellaneous 250mm dia filter pipe Geotextile membrane Gravel filter

m sum

sum sum

9.2 9.2.1 9.2.2 9.2.3 9.2.4 9.2.5 9.2.6

m m m m m

4,110 2,740 6,500 10.0 10.0 50

No.

9.3 9.3.1 9.3.2 9.3.3 9.3.4 9.3.5 9.3.6 9.3.7 9.3.8 9.3.9 9.3.10 9.3.11 9.3.12 9.3.13 9.3.14

m 3 m 3 m 3 m 3 m 3 m m 3 m 3 m No. No. tonne 3 m


3

3,374 2,109 703 352 492 100 55 60 36 300 200 20.0 51

9.4 9.4.1 9.4.2

m 3 m

5,510 10

9.4.3 9.3.4 9.3.5 9.5 9.5.1 9.5.2 9.5.3

tonne 2 m kg

1.0 12 1,000

m m m

2,160 2,160 2,160

9.6 9.6.1 9.6.2 9.6.3

m 2 m 3 m

200 160 90

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Bhyunder Ganga Small Hydro Electric Project Tender Documents Section 7: Bill of Quantities
TOTAL FOR PART 9 PENSTOCK & VALVE HOUSE CIVIL WORKS

ITEM

DESCRIPTION

UNIT

QUANTITY

RATE

AMOUNT

PART 10 POTYARD & WORKS FACILTY AREA CIVIL WORKS

Section 7

Page 84 of 118

Bhyunder Ganga Small Hydro Electric Project Tender Documents Section 7: Bill of Quantities
10.1 10.1.1 Site Clearance and Dewatering Site clearance and removal of top soil to maximum depth of 150 mm and disposal for haul distance within 500m Earthworks and Slope Support Excavation in all types of soil except rock and disposal for haul distance within 500m Excavation in rock and disposal for haul distance within 500m Concrete and Masonry Works Reinforced concrete M20 in foundations/base slabs Blinding concrete Class M10 - 100mm nominal thickness Supply, cut, bend & fixing of reinforcement Cement sand (1:2) grout to fittings supplied and installed by others (Nominal 10mm thick) Metalworks Chain link fencing 1.8m high at Switch Yard Double Gate (2 x 1.5m x 1.8m) complete with padlock and fittings Steel strip 40mm x 8mm x in Earth mat (including area beneath Power House) Earth Rods TOTAL FOR PART 10 - POTYARD & WORKS FACILTY AREA CIVIL WORKS m 3,036

10.2 10.2.1 10.2.2

m m

455

10.3 10.3.1 10.3.2 10.3.3 10.3.4

m 3 m tonne 2 m

50 5 4 5

10.4 10.4.1 10.4.2 10.4.3 10.4.4

m No. m m

200 2 2,344 78

ITEM DESCRIPTION PART 11 - MISCELLANEOUS

UNIT

QUANTITY

RATE

AMOUNT

11.1

Section 7

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Bhyunder Ganga Small Hydro Electric Project Tender Documents Section 7: Bill of Quantities

TOTAL FOR PART 11 MISCELLANEOUS

ITEM DESCRIPTION PART12 - DAYWORKS

UNIT

QUANTITY

RATE

AMOUNT

The Contractor's attention is drawn to Preamble to Bill of Quantities Clause 11

Section 7

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Bhyunder Ganga Small Hydro Electric Project Tender Documents Section 7: Bill of Quantities
Labour Provide for the cost of labour employed on Daywork authorised by the Engineer, at the rates entered in the Daywork Schedule Materials Provide for the net cost of materials used on Daywork authorised by the Engineer Percentage addition to net cost of materials on above item Equipment Provide for the cost of constructional equipment employed on Daywork authorised by the Project Manager, at the rates entered in the Daywork Schedule Sub-Contractor Provide the net amount of sub-contractors accounts when sub-contractors are employed on Dayworks authorised by the Engineer Percentage addition to net amount of sub-contractors account on above item. (Tenderer to enter percentage rate) TOTAL FOR PART 12 DAYWORKS DAYWORKS SCHEDULE A LABOUR (Tenderer to enter hourly rate) Charge hands Heavy Equipment operators Drivers Skilled Workers - Electricians - Mechanics - Welder - Steel fixers - Masons - Concrete workers - Carpenters Common labourers Other (Tenderer to list)

12.1

Prov Sum

300,000

12.2

Prov Sum % %age

400,000

12.3

12.4

Prov Sum

400,000

12.5

Prov Sum

600,000

12.6

%age

day day day

day day day day day day day day

day

ITEM B

DESCRIPTION EQUIPMENT (Tenderer to enter capacity data and rate)

UNIT

QUANTITY

RATE

AMOUNT

Section 7

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Bhyunder Ganga Small Hydro Electric Project Tender Documents Section 7: Bill of Quantities
(Note: Where the rate quoted is in excess of the prevailing market rate, the Employer reserves the right to instruct the Engineer to use equipment at Market Rates) 3 Concrete Mixer (capacity .m /hr) 3 Concrete Truck (capacity .m ) Tipping Truck (capacity .tonnes) 3 Excavator (capacity .m , Power .KW) Roller (capacity 5 tonnes) Water Pump (capacity .KW) Generator (capacity .kVA) Welding Machine (capacity .Amp) 3 Compressor (capacity .M /min) Jackhammer, hose and bits Rock Drill, hose and bits Mobile Crane (capacity .tonnes) Other (Contractor to list)

hr hr hr hr hr hr hr hr hr hr hr hr hr

Section 7

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Bhyunder Ganga Small Hydro Electric Project Tender Documents Section 7: Bill of Quantities

7.2 SCHEDULE OF PRICES & QUANTITIES (HM WORKS)

Section 7

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Bhyunder Ganga Small Hydro Electric Project Tender Documents Section 7: Bill of Quantities

PREAMBLE TO SCHEDULE OF PRICES & QUANTITIES (Hydro Mechanical)


General 1.1 The Contractor's attention is drawn to the Conditions of Contract, Engineers Requirements/Technical Specifications and Drawings, which are to be read in conjunction with the Schedules of Prices and Quantities. Deleted. The Schedule of Prices & Quantities comprises of 11 sets of items The Works to be completed under this Contract include the complete DESIGN in accordance with Clause 6 of the Special Conditions of Contract. The elements in the Schedule of Prices and Quantities are part deliveries of systems. Recommended tools and spares do not form part of the Accepted Contract Amount and may be ordered in accordance with the relevant provisions of the Conditions of Contract The Schedule of Prices & Quantities does not generally give a full description of the Plant to be supplied and the services to be performed under each item. The Contractor shall be deemed to have read the Employers Requirement/Technical Specifications and the other Contract documents. The Contractor shall deliver complete and working systems interfaced to the elements these serve including fixing to its foundation, earthing and removal all of waste and surplus materials. If items to be priced in the Schedule of Prices & Quantities are left blank, they are deemed to have been included in other items. The TOTAL for each item shall be deemed to be the total price for executing the Works thereof in complete accordance with the Contract, whether or not each individual item has been priced. For the purposes of making payments or part payments, valuing variations or evaluating claims, or for such other purposes as the Engineer may reasonably require, the Contractor shall provide the Engineer with a breakdown of composite or lump sum items included in the Schedules. The definitions of transport obligations, costs and risks shall be in accordance with the Incoterms 2000 of the International Chambers of Commerce (www.iccwbo.org).

1.2 1.3 1.4

1.5 1.6

1.7

1.8

1.9

Definitions, Units and Decimal System

2.1

Section 7

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Bhyunder Ganga Small Hydro Electric Project Tender Documents Section 7: Bill of Quantities

2.2

Sizes and quantities shall be entered in metric units. The following units of measurement & abbreviations shall be used. Unit Millimetre (Linear millimetre) Metre (Linear metre) Square millimetre Square metre Hectare Cubic metre Kilogramme Tonne Lump Sum Number Hour Day Week Month Provisional Sum Percentage Abbreviation mm m mm2 m2 ha m3 kg tonne or t Sum nr. or No h or hr day wk month Prov Sum %

Application of Preamble to additional work Interim Payments

3.1

The Clauses of the Preamble to the Schedule of Prices & Quantities will apply to any additional or varied work which the Contractor may be required to execute under this Contract except where specifically varied therein. Except where otherwise stated, interim payment of items which are milestone related shall be made on the basis of the estimated percentage completion of the work at the time to which the interim payment relates. For the Plant, the Schedule of Payments for the purposes of interim payments shall be: 5% 2 % 2 % 45% 35% 10% Submission of detailed design; Submission of fabrication drawings: Final approval of fabrication drawings and design; Completion of on-site fabrication or delivery of prefabricated units to Site, as applicable, and satisfactory storage; Installation into the Works; and Passing Tests on Completion.

4.1

4.2

4.3

For the Mandatory Tools and Spares, the Schedule of Payments for the purposes of interim payments shall be: 100% Receipt on Site and satisfactory storage.

4.4

For Recommended Tools and Spares, the Schedule of Payments for the purposes of interim payments shall be: 20% 80% With order; and Receipt on Site and satisfactory storage.

Section 7

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Bhyunder Ganga Small Hydro Electric Project Tender Documents Section 7: Bill of Quantities

4.5

Where part shipments of Plant have been allowed by the Engineer or installation is in progress, payment shall be pro-rata that the value delivered or installed represents of the total item. DELETED All items designated as Provisional Item will be used only at the direction and discretion of the Engineer. Claims will not be considered in respect of overhead charges or any other costs, which may allegedly result from the omission of all or part of the work covered by such provisional items.

4.6 4.7

Lump sums to be for work complete

5.1

Notwithstanding any limits which may be implied by the wording of the individual items and or the explanations in this Preamble to the Schedule of Prices & Quantities, it is to be clearly understood by the Contractor that the costs for Transportation, Insurance and Other Incidental Services shall be deemed to cover all costs, profit and overhead associated with foreign supply CIF and collection ex-works (EXW) for supply in India until delivered to the Site and securely stored. These works include, but are not limited to: (i) Unloading, handling and temporary storage at the frontier, port or ex-works; (ii) Insurance of the goods, fire and security measures during temporary storage and in-transit; (iii) Third party insurance in transit; (iv) Transport to the Site, including liaison with the relevant Authorities and all special measures and restrictions applicable for over-size, over-weight or hazardous consignment; (v) Unloading and transfer to proper storage at the Site; (vi) The effects of phasing of the Works and interfacing with other contractors & legitimate users of, or in the vicinity of, the Site

5.2

The lump sums in the Schedule of Prices & Quantities shall include all equipment, labour, supervision, materials, erection, maintenance, Contractors insurance, profit, together with all general risks, liabilities, and obligations set out in the Contract including taxes and duties If requested by the Engineer, the Contractor shall submit a breakdown of such sums in the form requested.

Lump sums to bear proper relation to work

6.1

Lump sums entered by the Contractor against all items in the Schedule of Prices & Quantitiess must bear a proper relationship to the cost of carrying out the work described in the Contract; all on-costs, profits, overheads and similar charges (unless separately itemised) which are applicable to the Contract as a whole are to be spread over all the rates in the Schedule of Prices & Quantities whilst those which apply to particular sections of the Contract are to be spread only over the items to which those sections refer.

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Bhyunder Ganga Small Hydro Electric Project Tender Documents Section 7: Bill of Quantities

SCHEDULE OF PRICES AND QUANTITIES


ITEM NO. DESCRIPTION OF ITEM QTY. UNIT RATE (RS.) AMOUNT (RS.)

1.

Diversion Weir Service Gate and Rope drum hoist Design, drawings, fabrication transportation including shop as well as field painting, insurance and supply, erection, testing and commissioning of the following in accordance with these specifications and specification drawings complete in all respect including delivery at work site of Bhyunder Small Hydro Electric Project, Uttranchal a) 2,500 mm x 3,000 mm size fixed wheel type Weir Service gate complete with wheel assemblies, seal assemblies, guide roller assemblies, lifting arrangement etc. b) Embedded parts including all Ist Stage as well as 2nd Stage anchorage, guides, seal seats Track plates, Sill beam etc. to be embedded in 2nd stage concrete c) Electrically operated Rope Drum Hoist of adequate capacity complete with rope drum ,gears, reducer , motor, EM brakes, manual operation mechanism, Gate position indicating devices including hoist bridge, platform, hoist supporting structure, ladder, Trestles etc. in accordance with these specifications and specification drawing complete in all respect. d) Control equipment for item 1 (c) in accordance with these specifications complete in all respect including Two Set

Two

Set

Two

Set

Two

Set

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Bhyunder Ganga Small Hydro Electric Project Tender Documents Section 7: Bill of Quantities

ITEM NO.

DESCRIPTION OF ITEM all instruments, gauges, power and control cables etc for Weir gate. e) List of spare parts required for 5 years operation along with cost of each item separately (Optional for the purchaser) f) Erection and commissioning of the equipment including use of tools and tackles above

QTY.

UNIT

RATE (RS.)

AMOUNT (RS.)

L.S Six

Set Set

g) Sets of operation and maintenance manual in English with all information required for operations and maintenance of the gates and hoists to be supplied under item 1 above. Break up of Lump sum cost of Item No. 1(a) , 1(b), 1(c) and 1(d) separately I Cost of design and Drawing a). Gate b). Embedded Parts c). Rope Drum Hoist including Hoist bridge and supporting structure d). Control equipment II III Cost of material Cost of Transportation

One One One One One

Set Set Set Set

Set

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Bhyunder Ganga Small Hydro Electric Project Tender Documents Section 7: Bill of Quantities

ITEM NO. IV V

DESCRIPTION OF ITEM Cost of Insurance Fabrication charges including painting a). Gate b). Embedded Parts c). Rope Drum Hoist including Hoist bridge and supporting structure d). Control equipment

QTY.

UNIT

RATE (RS.)

AMOUNT (RS.)

Two Two Two Two

Set Set Set

Set

VI VII VIII IX

Erection & Commissioning Cost Charges of Supervisory Staff Depreciated Cost of Tool & Tackles Cost of Consumable Items Total cost for Diversion Weir gate.

Diversion Weir stop logs and Mono-Rail Crane Design, drawings, fabrication transportation including shop as well as field painting, insurance and supply, erection, testing and commissioning of the following in accordance with these specifications and specification drawings complete in all respect including delivery at work site of Bhyunder Small Hydro Electric Project, Uttranchal a) 2,500 mm x 3,000 mm size Sliding type consisting of Two

Set

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Bhyunder Ganga Small Hydro Electric Project Tender Documents Section 7: Bill of Quantities

ITEM NO.

DESCRIPTION OF ITEM two equal size non-interchangeable units of Stoplogs complete with slide blocks, seal assemblies, guide roller assemblies, filling valves lifting arrangement etc. b)Embedded parts including all Ist Stage as well as 2nd Stage anchorage, guides, seal seats Track plates, Sill beam etc. to be embedded in 2nd stage concrete c)Electrically operated Mono Rail Crane of adequate capacity complete with rope drum ,gears, reducer , motor, EM brakes, Pendent Switch operation mechanism, including, , crane supporting structure, ladder, Trestles etc. in accordance with these specifications and specification drawing complete in all respect. d) Lifting Beam having automatic engaging & disengaging device of adequate capacity e)List of spare parts required for 5 years operation along with cost of each item separately (Optional for the purchaser) f)Erection and commissioning of the above equipment including use of tools and tackles g) Sets of operation and maintenance manual in English with all information required for operations and maintenance of the gates and hoists to be supplied under item 1 above. Break up of Lump sum cost of Item No. 2(a) , 2(b), 2(c) & 2( d) separately Cost of design and Drawing a). Stoplogs b). Embedded Parts

QTY.

UNIT

RATE (RS.)

AMOUNT (RS.)

Two One

set

Set

One

Set

L.S Six

Set Set

One One

Set Set

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Bhyunder Ganga Small Hydro Electric Project Tender Documents Section 7: Bill of Quantities

ITEM NO.

DESCRIPTION OF ITEM c). Mono Rail Crane and supporting structure d) Lifting Beam Cost of material Cost of Transportation Cost of Insurance Fabrication charges including painting a). Stoplogs b). Embedded Parts c). Mono Rail Crane and supporting structure d). Lifting Beam Erection & Commissioning Cost Charges of Supervisory Staff Depreciated Cost of Tool & Tackles Cost of Consumable Items Total cost for Diversion Weir gate.

QTY. One One

UNIT Set Set

RATE (RS.)

AMOUNT (RS.)

One Two One One

Set Set Set Set

Intake Service Gate & Rope drum hoist

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Bhyunder Ganga Small Hydro Electric Project Tender Documents Section 7: Bill of Quantities

ITEM NO.

DESCRIPTION OF ITEM Design, drawings, fabrication transportation including shop as well as field painting, insurance and supply, erection, testing and commissioning of the following in accordance with these specifications and specification drawings complete in all respect including delivery at work site of Bhyunder Small Hydro Electric Project, Uttranchal a) 3000 mm x 1500 mm size fixed wheel type intake service gate complete with wheel assemblies, seal assemblies, guide roller assemblies, lifting arrangement etc. b) Embedded parts including all Ist Stage as well as 2nd Stage anchorage, guides, seal seats Track plates, Sill beam etc. to be embedded in 2nd stage concrete. c) Electrically operated Rope Drum Hoist of adequate capacity complete with rope drum, ,gears, worm reducer, motor, EM brakes, manual operation mechanism, Gate position indicating devices including hoist bridge, platform, hoist supporting structure, ladder, Trestles etc. in accordance with these specifications and specification drawing complete in all respect. d) Control equipment for hoisting equipments in accordance with the specifications complete in all respect including all instruments, gauges, power and control cables etc for service gates. e) List of spare parts required for 5 years operation along with cost of each item separately (Optional for the purchaser)

QTY. One

UNIT Set

RATE (RS.)

AMOUNT (RS.)

One

Set

One

Set

One

Set

One

Set

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Bhyunder Ganga Small Hydro Electric Project Tender Documents Section 7: Bill of Quantities

ITEM NO. f)

DESCRIPTION OF ITEM Erection and commissioning of the above equipment including use of tools and tackles

QTY. L.S Six

UNIT Set

RATE (RS.)

AMOUNT (RS.)

g) Sets of operation and maintenance manual in English with all information required for operations and maintenance of the gates and hoists to be supplied under item 3 above. Break up of Lump sum cost of Item No. 3(a) , 3(b), 3(c) and 3(d) separately I Cost of design and Drawing a). Gate b). Embedded Parts c). Rope Drum Hoist including Hoist bridge and supporting structure d). Control equipment II III IV V Cost of material Cost of Transportation Cost of Insurance Fabrication charges including painting a). Gate

Set

One One One One

Set Set Set

Set

One

Set

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Bhyunder Ganga Small Hydro Electric Project Tender Documents Section 7: Bill of Quantities

ITEM NO.

DESCRIPTION OF ITEM b). Embedded Parts c). Rope Drum Hoist including Hoist bridge and supporting structure d). Control equipment

QTY. One One One

UNIT Set Set

RATE (RS.)

AMOUNT (RS.)

Set

VI VII VIII IX

Erection & Commissioning Cost Charges of Supervisory Staff Depreciated Cost of Tool & Tackles Cost of Consumable Items Total cost for Three service Gates

Intake Stoplog Design, drawings, fabrication transportation including shop as well as field painting, insurance and supply, erection, testing and commissioning of the following in accordance with the specifications and specification drawings complete in all respect including delivery at work site of Bhyunder Small Hydro Electric Project, Uttranchal a) 3000 mm x 1500 mm size slide type intake stoplog complete with, seal assemblies, guide roller assemblies, Filling Valves, lifting arrangement/lugs, slide blocks, latching arrangement, two nos. filling valves etc. One Set

b) Embedded parts including all 1st Stage as well as 2nd

One

Set

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Bhyunder Ganga Small Hydro Electric Project Tender Documents Section 7: Bill of Quantities

ITEM NO.

DESCRIPTION OF ITEM Stage anchorage, guides, seal seats Track plates, Sill beams etc. to be embedded in 2nd stage concrete. c) Lifting beam of adequate capacity having automatic engaging and dis-engaging arrangement for lifting of Intake Stoplog gate to be supplied under Item 4 (a) above. d)Electrically operated Mono Rail Crane of adequate capacity complete with rope drum ,gears, reducer , motor, EM brakes, Pendent Switch operation mechanism, including, , crane supporting structure, ladder, Trestles etc. in accordance with these specifications and specification drawing complete in all respect. e) Control equipment for item 4 (d) in accordance with these specifications complete in all respect including all instruments, gauges, power and control cables etc for Stoplog. f) List of spare parts required for 5 years operation along with cost of each item separately (optional for the purchaser) g)Erection and commissioning of above equipment including use of tools and tackles h)Sets of operation and maintenance manual in English with all information required for operation and maintenance of the Gate and hoists to be supplied under item 5 above Break up of Lump sum cost of Item No. 4(a) , 4(b), 4(c) and 4(d) separately

QTY.

UNIT

RATE (RS.)

AMOUNT (RS.)

One Set

One Set

One Set L.S L.S. Six Set

set Set

Cost of design and Drawing

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Bhyunder Ganga Small Hydro Electric Project Tender Documents Section 7: Bill of Quantities

ITEM NO. a). Stoplogs

DESCRIPTION OF ITEM

QTY. One One One One

UNIT Set Set Set Set

RATE (RS.)

AMOUNT (RS.)

b). Embedded Parts c). Lifting Beam d). Mono Rail crane e).Crane Supporting Structure II III IV V Cost of material Cost of Transportation Cost of Insurance Fabrication charges including painting a). Stoplogs b). Embedded Parts c). Lifting Beam d). Gantry crane to be mounted on trash rack cleaning machine e). Crane Supporting Structure VI VII Erection & Commissioning Cost Charges of Supervisory Staff

One One One One

set Set Set Set

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Bhyunder Ganga Small Hydro Electric Project Tender Documents Section 7: Bill of Quantities

ITEM NO. VIII IX

DESCRIPTION OF ITEM Depreciated Cost of Tool & Tackles Cost of Consumable Items Total cost for one Intake Stoplog gate.

QTY.

UNIT

RATE (RS.)

AMOUNT (RS.)

Intake Trash Rack Design, drawings, fabrication transportation including shop as well as field painting, insurance and supply, erection, testing and commissioning of the following in accordance with these specifications and specification drawings complete in all respect including delivery at work site of Bhyunder Small Hydro Electric Project a). Trash Racks , with clear vent size as 4000 mm x Three 7200 mm (approx) and its embedded parts . b). Embedded Parts including Ist stage as well as IInd stage BREAK UP OF THE COST OF THE TRASH RACK UNDER ITEM ABOVE 5(A):i) Design Cost: ii) Supply, Fabrication, Sand / Grit blasting including cost of materials and painting (Shop & field). iii) Transportation to site: iv) Erection and Commissioning: Break up of the cost of the embedded parts under item above 5(b):i) Design Cost: ii) Supply, Fabrication, Sand / Grit blasting including cost of materials and painting (Shop & field). iii) Transportation to site: iv) Erection and Commissioning

Sets

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Bhyunder Ganga Small Hydro Electric Project Tender Documents Section 7: Bill of Quantities

ITEM NO.

DESCRIPTION OF ITEM Total Cost for the Trash Racks

QTY.

UNIT

RATE (RS.)

AMOUNT (RS.)

6.

Desilting Basin Inlet & Outlet gate & Rope drum hoist Design, drawings, fabrication, transportation including shop as well as field painting, insurance and supply of the following in accordance with these specifications and specification drawings complete in all respect including delivery at work site of Bhyunder Small Hydro Electric Project, Gobindghat, District Chamoli, Uttrakhand a) 4,250 mm x 2,000 mm size fixed wheel type vertical lift gate complete with seal assemblies, wheel assemblies, guide roller assemblies, lifting arrangement/lugs/pulleys, latching arrangement etc. b) Embedded parts including all 1st stage as well as 2nd stage anchorages, guides, seal seat assemblies , track plate assemblies, sill beams etc to be embedded in 2nd stage concrete c) Electrically operated Rope Drum Hoist of adequate capacity complete with rope drum, ,gears, worm reducer, motor, EM brakes, manual operation mechanism, Gate position indicating devices including hoist bridge, platform, hoist supporting structure, ladder, Trestles etc. in accordance with these specifications and specification drawing complete in all respect. Six Set

Six

Set

Six

Set

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Bhyunder Ganga Small Hydro Electric Project Tender Documents Section 7: Bill of Quantities

ITEM NO.

DESCRIPTION OF ITEM d) List of spare parts required for 5 years operations along with cost of each item separately (optional for the purchaser) e) Erection and commissioning of the equipment including use of tools and tackles. f) above

QTY. L.S

UNIT Set

RATE (RS.)

AMOUNT (RS.)

L.S Six

set set

Sets of operation and manual maintenance manual in English with all information required for operation and maintenance of the gates and hoists to be supplied under item 6 above

Break up of Lump sum cost of Item No. 6(a) , 6(b), 6(c) and 6(d ) separately (I) Cost of design and Drawing a). Gate b). Embedded Parts c). Rope Drum Hoist including Supporting Structure (II) (III) (IV) (v) Cost of material Cost of Transportation Cost of Insurance Fabrication charges including painting One One One Set Set Set

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Bhyunder Ganga Small Hydro Electric Project Tender Documents Section 7: Bill of Quantities

ITEM NO. a). Gate

DESCRIPTION OF ITEM

QTY. One One One

UNIT Set Set Set

RATE (RS.)

AMOUNT (RS.)

b). Embedded Parts c). Rope Drum Hoist including and Supporting Structure (VI) (VII) (VIII) (IX) Erection & Commissioning Cost Charges of Supervisory Staff Depreciated Cost of Tool & Tackles Cost of Consumable Items Total cost for De-silting Chamber gates

7.

Trash Rack for HRT intake Design, drawings, fabrication transportation including shop as well as field painting, insurance and supply, erection, testing and commissioning of the following in accordance with these specifications and specification drawings complete in all respect including delivery at work site of Bhyunder Small Hydro Electric Project a). Trash Racks , with clear vent size as 3700 mm x One 4200 mm (approx) and its embedded parts . b). Embedded Parts including Ist stage as well as IInd stage BREAK UP OF THE COST OF THE TRASH RACK UNDER ITEM ABOVE 7(A):i) Design Cost: ii) Supply, Fabrication, Sand / Grit blasting including

Set

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Bhyunder Ganga Small Hydro Electric Project Tender Documents Section 7: Bill of Quantities

ITEM NO.

DESCRIPTION OF ITEM cost of materials and painting (Shop & field). iii) Transportation to site: iv) Erection and Commissioning: Break up of the cost of the embedded parts under item above 8(b):i) Design Cost: ii) Supply, Fabrication, Sand / Grit blasting including cost of materials and painting (Shop & field). iii) Transportation to site: iv) Erection and Commissioning Total Cost for the Trash Racks

QTY.

UNIT

RATE (RS.)

AMOUNT (RS.)

8.

Draft Tube Gate Design, drawings, fabrication transportation including shop as well as field painting, insurance and supply, erection, testing and commissioning of the following in accordance with these specifications and specification drawings complete in all respect including delivery at work site of Bhyunder Small Hydro Electric Project, a) 2000mm x 3200mm size sliding type Draft Tube gate complete with seal assemblies, slide blocks assemblies, guide Roller assemblies, filling valves, lifting arrangement/lugs, latching arrangement etc. b) Embedded parts including all 1st stage as well as 2nd stage anchorages, guides, seal seats, Bearing plates, Sill beam etc. to be embedded in the 2nd stage concrete c) Electrically Operated Mono Rail Crane of adequate capacity complete with rope drum , gears, worm Three set

Three

Set

One

Set

Section 7

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Bhyunder Ganga Small Hydro Electric Project Tender Documents Section 7: Bill of Quantities

ITEM NO.

DESCRIPTION OF ITEM reducers , motor, pendent switch, crane supporting structure, ladder, trestles etc. in accordance with these specifications and specification drawings complete in all respect. d) Lifting beam of adequate capacity having automatic engaging and dis-engaging arrangement for lifting of Draft tube gate to be supplied under Item 9 (a) above. e)List of spare parts required for 5 years operation along with cost of each item separately (optional for the purchaser) f) Erection and commissioning of above equipments including use of tools and tackles g) Sets of operation and maintenance manual with all information required for operation and maintenance of gates and hoists to be supplied under item III above. Break up of Lump sum cost of Item No. 8(a) , 8(b), 8(c) and 8(d) separately

QTY.

UNIT

RATE (RS.)

AMOUNT (RS.)

One L.S. L.S. Six

Set

Set

Set Set

Cost of design and Drawing a). Gate b). Embedded Parts c). Lifting Beam d). Mono-Rail Crane e). Supporting Structure One One One One Set Set Set Set

Section 7

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Bhyunder Ganga Small Hydro Electric Project Tender Documents Section 7: Bill of Quantities

ITEM NO. II III IV V

DESCRIPTION OF ITEM Cost of material Cost of Transportation Cost of Insurance Fabrication charges including painting a). Gate b). Embedded Parts c). Lifting Beam d). Mon-Rail Crane e). Crane Supporting Structure complete

QTY.

UNIT

RATE (RS.)

AMOUNT (RS.)

Three Three Three One One

Set Set Set Set Set

VI VII VIII IX

Erection & Commissioning Cost Charges of Supervisory Staff Depreciated Cost of Tool & Tackles Cost of Consumable Items Total cost for Draft tube gate.

9.

Steel lining, Bend, Manholes and Trifurcation etc. Design, Fabrication, testing, painting transportation, site storage of Steel Liners (excluding all bends but including reducer piece) including sand/grit blasting, providing MT

Section 7

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Bhyunder Ganga Small Hydro Electric Project Tender Documents Section 7: Bill of Quantities

ITEM NO.

DESCRIPTION OF ITEM grout holes, stiffener ring and back strip for field welding also, supplying, fitting and fixing of plugs for grout holes of steel liners of 1.60 & 0.8 m internal diameter approx. from steel plates including supply of steel plates and any other material in all respect as per design, drawing and specification including all handling & transportation etc. complete. Design, Fabrication, testing, painting transportation, site storage of bends and specials including sand/grift blasting, providing grout holes, stiffener ring and back strip for field welding, also, supplying fitting and fixing of plugs for grout holes of steel liners of 3.00/2.20M internal diameter approx. from steel plates including supply of steel plates ;and any other material in all respect as per design, drawing and specification including all handling & transportation etc. complete Erection, testing & commissioning of steel liners (excluding all bends, bifurcations, manholes but including reducers) back strips, stiffener rings etc. on foundation prepared approximately to finished level including hauling from stacking yard at project site/contractors workshop as per specification including fixing of the holding bolts etc. complete as necessary including 2 (two) coats of final painting inside and outside of pipe as specified. Erection, testing & commissioning of steel liners all bends, bifurcations, manholes etc. on foundation prepared approximately to finished level including hauling from stacking yard at project site/contractors workshop as per specification including fixing of the holding bolts etc. complete as necessary including 2 (two) coats of final painting inside and outside of pipe as specified.

QTY.

UNIT

RATE (RS.)

AMOUNT (RS.)

Section 7

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Bhyunder Ganga Small Hydro Electric Project Tender Documents Section 7: Bill of Quantities

ITEM NO.

DESCRIPTION OF ITEM Radiographic testing for welded joint as per specification and as directed complete. Ultrasonic testing for all field welded joints including rectification as per specification and as directed complete. Forms, supply, fabrication, fixing, dismantling etc. of blank flanges, bulkhead etc. including patching sealing etc. complete. Hydraulic field testing of Y- pieces after fabrication as per specification including preparation of testing flat forms, supply, fabrication fixing, dismantling etc. of blank flanges bulkhead etc. including patching sealing etc. complete Hydraulic field testing (leakage test) of penstock steel liner after complete erection at site by filling it with water to check the stability and tightness of the pipeline as per specification.

QTY.

UNIT

RATE (RS.)

AMOUNT (RS.)

10.

Sluice Valve Three no. sluice Knife Edge Gate Valves of 600 mm diameter to carry out silt flushing. Spare Parts Design, manufacturer & supply at site of the spare parts for the following:a) b) c) Diversion Weir Under sluice upstream stop logs. Diversion Weir Under sluice Gates. Intake service and stoplogs gate

Three

Sets

11.

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Bhyunder Ganga Small Hydro Electric Project Tender Documents Section 7: Bill of Quantities

ITEM NO. d) e) f) g)

DESCRIPTION OF ITEM Draft Tube Gate. Intake Trash Rack HRT Trash Rack Desilting chamber inlet & outlet Gate.

QTY.

UNIT

RATE (RS.)

AMOUNT (RS.)

GUARANTEE It is hereby certified that the specifications, specification drawings, design data & criteria have been carefully studied and the equipment offered under this schedule shall by designed, fabricated and erected in accordance with the design & operating criteria and specifications and is hereby guaranteed to give satisfactory performance for a period 24 months from the date of final acceptance of equipment after erection & commissioning. Place Date: Contractor Seal

Section 7

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Bhyunder Ganga Small Hydro Electric Project Tender Documents Section 8: Forms of Securities

SECTION 8: FORMS OF SECURITIES

Section 8

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Bhyunder Ganga Small Hydro Electric Project Tender Documents Section 8: Forms of Securities

Forms of Securities
Acceptable forms of securities are annexed. Bidders should not complete the Performance and Advance Payment Security forms at this time. Only the successful Bidder will be required to provide Performance and Advance Payment Securities in accordance with one of the forms, or in a similar form acceptable to the Employer. Annex A: Annex B: Annex C: Annex D: Bid Security (Bank Guarantee) Performance Bank Guarantee Deleted Bank Guarantee for Advance Payment

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Bhyunder Ganga Small Hydro Electric Project Tender Documents Section 8: Forms of Securities

Annex A

BID SECURITY (BANK GUARANTEE)


WHEREAS, _______________________ [name of Bidder] (hereinafter called "the Bidder") has submitted his Bid dated _______________________ [date] for the construction of _____________________________________ [name of Contract] (hereinafter called "the Bid"). KNOW ALL PEOPLE by these presents that We ______________________________ [name of bank] of ____________________________ [name of country] having our registered office at ___________________________________ (hereinafter called "the Bank") are bound unto ______________________________[name of Employer] (hereinafter called "the Employer") in the sum of ___________________1 for which payment well and truly to be made to the said Employer the Bank binds itself, his successors and assigns by these presents. SEALED with the Common Seal of the said Bank this _________ day of __________ 19____. THE CONDITIONS of this obligation are: (1) or (2) If the Bidder having been notified of the acceptance of his bid by the Employer during the period of Bid validity: (a) (b) (c) fails or refuses to execute the Form of Agreement in accordance with the Instructions to Bidders, if required; or fails or refuses to furnish the Performance Security, in accordance with the Instruction to Bidders; or does not accept the correction of the Bid Price pursuant to Clause 27; If after Bid opening the Bidder withdraws his bid during the period of Bid validity specified in the Form of Bid;

we undertake to pay to the Employer up to the above amount upon receipt of his first written demand, without the Employer having to substantiate his demand, provided that in his demand the Employer will note that the amount claimed by him is due to him owing to the occurrence of one or any of the three conditions, specifying the occurred condition or conditions. This Guarantee will remain in force up to and including the date ____________________2 days after the deadline for submission of Bids as such deadline is stated in the Instructions to Bidders or as it may be extended by the Employer, notice of which extension(s) to the Bank is hereby waived. Any demand in respect of this guarantee should reach the Bank not later than the above date. DATE _______________ WITNESS ____________ SIGNATURE OF THE BANK _________________________ SEAL _______________________________________

_________________________________________________________________ [signature, name, and address]

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Bhyunder Ganga Small Hydro Electric Project Tender Documents Section 8: Forms of Securities

1 2

The Bidder should insert the amount of the guarantee in words and figures denominated in Indian Rupees. This figure should be the same as shown in Clause 16.1 of the Instructions to Bidders. 30 days after the end of the validity period of the Bid. Date should be inserted by the Employer before the Bidding documents are issued.

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Bhyunder Ganga Small Hydro Electric Project Tender Documents Section 8: Forms of Securities

PERFORMANCE BANK GUARANTEE


To: ______________________________________________ [name of Employer] _________________________________________ [address of Employer]

WHEREAS _________________________ [name and address of Contractor] (hereinafter 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] 1___________________________ [in words], such sum being payable in the types and proportions of currencies in which the Contract Price is payable, 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]1 as aforesaid without your needing to prove or to show grounds or reasons 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 thereunder 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 shall be valid until 90 days from the date of expiry of the Defects Liability Period. Signature and seal of the guarantor _____________________________ Name of Bank ____________________________________________ Address ____________________________________________ Date ____________________________________________

An amount shall be inserted by the Guarantor, representing the percentage of the Contract Price specified in the Contract including additional security for unbalanced Bids, if any and denominated in Indian Rupees.

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Bhyunder Ganga Small Hydro Electric Project Tender Documents Section 8: Forms of Securities

BANK GUARANTEE FOR ADVANCE PAYMENT


To: __________________________________________ [name of Employer] __________________________________________ [address of Employer] ___________________________________________[name of Contract]

Gentlemen: In accordance with the provisions of the Conditions of Contract, subclause 51.1 ("Advance Payment") of the above-mentioned Contract, ________________________________ [name and address of Contractor] (hereinafter called "the Contractor") shall deposit with ________________________ [name of Employer] a bank guarantee to guarantee his proper and faithful performance under the said Clause of the Contract in an amount of _____________ [amount of guarantee] 1_________________________________ [in words]. We, the ____________________ [bank or financial institution], as instructed by the Contractor, agree unconditionally and irrevocably to guarantee as primary obligator and not as Surety merely, the payment to ____________________ [name of Employer] on his first demand without whatsoever right of objection on our part and without his first claim to the Contractor, in the amount not exceeding ____________________ [amount of guarantee]1 __________________________________ [in words]. We further agree that no change or addition to or other modification of the terms of the Contract or of Works to be performed thereunder or of any of the Contract documents which may be made between _____________________ [name of Employer] 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 shall remain valid and in full effect from the date of the advance payment under the Contract until _________________________ [name of Employer] receives full repayment of the same amount from the Contractor. We agree to keep this guarantee initially valid until Intended Completion Date of Contract plus 90 days. Yours truly, Signature and seal: _______________________________ Name of Bank/Financial Institution: _________________ Address: _______________________________________ Date: ____________________

__________________________ 1 An amount shall be inserted by the bank or financial institution representing the amount of the Advance Payment, and denominated in Indian Rupees.

Section 8

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