operation and maintenance of common effluent treatment plant...
TRANSCRIPT
OPERATION AND MAINTENANCE
OF
COMMON EFFLUENT TREATMENT PLANT FOR
THREE YEARS
AT
INDUSTRIAL ESTATE, BARWALA
DISTT. - PANCHKULA
COST RS. 29.00 LACS
HARYANA STATE INDUSTRIAL & INFRASTRUCTURE
DEVELOPMENT CORPORATION PANCHKULA.
Name of work:- Operation & Maintenance of
Common Effluent Treatment Plant
of 0.5 MLD capacity on turnkey
basis at HSIIDC, Indl. Estate,
Barwala, District Panchkula
(Haryana)
Estimated cost:- Rs. 29.00 lacs
Time Limit:- 36 Months
Earnest Money:- Rs. 0.58 lacs
1
INDEX
Sr. No.
Name of Contents Page No.
1 SECTION-1 Press Notice
2 SECTION-2
Instructions to Bidders
3 SECTION-3
General Conditions of contract
4 SECTION-4
Employers Requirements
5 SECTION-5
Operations and Maintenance
6 SECTION-6 Special terms and conditions
7 SECTION-7 Eligibility Criteria Document
8 Schedule-1
Structure and Organization
9 Schedule-2
Financial Capability
10 Schedule-3
Work Experience
11 Schedule-4
Details of raw and treated waste water design
parameters of the project mentioned in schedule-3
12 Schedule-5
List of current projects
13 Schedule-6
Information regarding current litigation,
debarring/blacklisting, expelling of applicant or
abandonment of work by applicant
14 Schedule-7
Affidavit
15 Schedule-8
Additional Information
16 Annexure-I Details of Building / Structure (civil work) at CETP, I.E.Barwala (Panchkula)
2
17 Annexure-II Detail of machinery installed in CETP
18 SECTION-8 Financial Offer
19 SECTION-9 Drawings
3
SECTION-1
Press Notice
HSIIDC
DETAILED NOTICE INVITING TENDERS Online tenders are invited from the enlisted contractors in HSIIDC, PWD (PHE)/Haryana, NDMC/New –Delhi, CPWD & MES for the following work.
Name Of Work Estimated Cost (Rs. in lacs)
Earnest Money (Rs. in lacs)
Cost of Bid Documents (Rs.)
Time Limit
Date and time for bid preparation to Hash Submission
Operation & Maintenance
of Common Effluent
Treatment Plant of 0.5
MLD capacity on turnkey
basis at HSIIDC, Indl.
Estate, Barwala Distt.
Panchkula (Haryana)
29.00 0.58
2,000/- 36 Months
_____2013 Up to 12.00 Hrs.
to _____2013
Up to 17.00 Hrs.
I) Pre bid meeting will be held on -------- at 11:30 hrs in the office of AGM(IA), Industrial
Estate, Barwala.
II) The eligibility criteria has been defined in the bid document.
III) For the further details and e-tendering visit website http://hsiidc.org and http://hsiidc.etenders.in.
Asstt. General Manager (IA) HSIIDC I.E Barwala Phone: 01733-256507
4
DETAILED NOTICE INVITING BIDS On-line Bids are invited from the enlisted contractors in HSIIDC, PWD (PHE)/Haryana, NDMC/New –Delhi, CPWD & MES for the following work.
Name Of Work Estimated Cost (Rs. in lacs)
Earnest Money (Rs. in lacs)
Cost of Bid Documents (Rs.)
Time Limit
Date and time for bid preparation to Hash Submission
Operation & Maintenance
of Common Effluent
Treatment Plant of 0.5
MLD capacity on turnkey
basis at HSIIDC, Indl.
Estate, Barwala Distt.
Panchkula (Haryana)
29.00 0.58
2,000/- 36 Months
_____2013 Up to 12.00 Hrs.
to _____2013
Up to 17.00 Hrs.
1. Bidding Documents can be downloaded online from the Portal http://hsiidc.etenders.in
by the Contractors after registration on the HSIIDC Portal.
2. A pre-bid meeting will be held on _ _ _ _ _ _ _ _ _ _ at 12.00 Hours in the O/o the
Asstt. General Manager (IA), HSIIDC, Industrial Estate, Barwala, Distt. Panchkula to
clarify the issues and to answer ques t i on s on any matter that may be raised at that
stage as stated in Clause 9.2 of ‘Instructions to Bidders’ of the bidding document.
3. The bids are required to be submitted on single percentage basis above or below the
Total DNIT Cost at the space provided after the priced BOQ in figure as well as in words.
In case of any discrepancy, the writing in words will be applicable.
4. As the Bids are to be submitted online, these are required to be encrypted and
digitally s igned. For obtaining Digital Signatures Certificate, the Bidders may
contact the representative of NexTenders, the service Providers of Electronic
Tendering System or any other service provider.
5
5. The bidders can submit their tender documents online as well as in Physical form as per
dates/schedule mentioned below:
Sr. No.
HSIIDC Stage. Contractor Stage
Start Date & Time
Expiry Date & Time
Envelops
1 Release of Tender
-
-
2 - Download Tender Document
Price Bid Envelope Technical Envelope
3 - Online Bid Preparation & Hash Submission
Price Bid Envelope Similar nature works experience/registration certificate etc. Envelope
4 Bid Lock -
Price Bid Envelope Similar nature works experience/ registration certificate etc. Envelope
5 - Re-encryption of Online Bids
Price Bid Envelope Documents Envelope
6 - Manual Submission of BS and other Documents
BS & Documents
7 Open Bid Security/ Pre-qualification Documents
-
BS/other Documents/Price Bid Envelopes
8. Technical Evaluation
-
Technical Evaluation Documents
9. Open Financial/ Price Bid
-
Open Financial/ Price Bid
6
6. The Bidders can download the bidding documents from the Portal
http://hsiidc.etenders.in. Tender Document Fee Rs. 20,000/- has to be paid online
during the Bid Preparation and Hash Submission stage and Bid Security has to be
submitted in a separate sealed BS envelope.
The desired Contractors shall have to pay the Tender Document Fee mentioned against
the work at the time of Bid Preparation and Hash Submission stage. The Bid security
will have to be in any one form as specified in the Bidding Document. The BS envelope
has to reach the Office of the Asstt. Gen. Manager(IA) HSIIDC I.E Barwala (Panchkula)
on or before the date as mentioned in the above table. However as the details of the
BS are required to be filled at the time of Bid Preparation and Hash Submission stage
the Bidders are required to keep the BS ready appropriately.
7. The tender shall be submitted by the tenderer in the following three separate
envelopes online:-
1. Bid Security/Earnest Money - Envelope 'BS' 2. N.I.T. and Technical Bid - Envelope 'T1' 3. Tender in Form – A(Price Bid) - Envelope 'C1'
Note: Bidders are required to submit the physical BS in a physical BS Envelope - ‘BS’ and any other document related to eligibility criteria which cannot be submitted online in a physical Technical Envelope - ‘T1’. Price Bids are to be submitted mandatory online and shall not be accepted in physical form. Reference of the BS is to be mentioned online. Also in case of Technical Bids the list of
documents being submitted physically is to be uploaded online. Above envelopes as
applicable shall be kept in a big outer envelope which shall also be sealed. In the first
instance the Envelope - 'BS' of all the Bidders containing the Earnest Money shall be
opened online and physically. If the Earnest Money is found proper the Envelope 'T1'
containing Technical Bid shall be opened in the presence of such contractors who
choose to be present. The Financial Offer 'C1' shall be opened online only if the
Tenderer meet the qualification criteria of the Technical Bid document.
7
THE CONTRACTUAL AGENCIES WILL SUBMIT THE NECESSARY DOCUMENTS AS UNDER. Envelope ‘BS’ – Bid Security/Earnest Money Envelope Physical BS Envelope – The Bid Security will have to be in any one of the forms as
specified in the Bidding Document. Online BS Envelope – Reference details of the Earnest Money Deposit instrument and
scanned copy of the Bid Security. Envelope ‘TI’ – Bid Documents Envelope Online Documents Envelope – All the information and scanned copies of the Documents /
Certificates are required to be submitted as per the Tender and also the list of such documents that cannot be submitted online if any.
Physical Documents Envelope – All the Information and Documents / Certificates as required to be submitted as per the Tender that cannot be submitted online if any.
In case financial bid is submitted but technical bid or Bid Security or both is not submitted by any bidder and then bidder would be debarred from further tendering in HSIIDC for a period of minimum 1 year. Envelope ‘CI’ – Price Bid Envelope To be submitted mandatorily online. The Contractual Agencies will submit their tender documents online as per the dates mentioned in the Key Dates above. CONDITIONS:-
1. Conditional tenders will not be entertained & liable to be rejected. 2. In case of the day of opening of tenders happens to be holiday the tenders will be
opened on the next working day. The time and place of receipt of tenders and other conditions will remain unchanged.
3. HSIIDC reserves the right to reject any tender or all the tenders without assigning any
reason. 4. The tender without earnest money will not be opened. 5. The jurisdiction of court will be at Panchkula.
6. The financial bids of the bidders who do not satisfy the qualification criteria in the bid
documents will not be opened and no claim whatsoever on this account will be considered.
8
7. The bid for the work shall remain open for acceptance during the bid validity period to be reckoned from the last date of opening of technical bids. If any bidder/ tenderer withdraws bid / tender before the said period or makes any modifications in the terms and conditions of the bid, the security of that bidder may be forfeited. Bids would require being valid for 120 days from the date of manual submission of (Technical) documents & BS. In case the last date of acceptance the tenders happens to be a holiday, validity to accept tender will be next working day.
8. If the agency had submitted financial bids through e-tendering, but fails to submit either bid security or the technical bid or both then the agency will be debarred from further e-tendering in HSIIDC for one year.
SD/-
Asstt. General Manager (IA) HSIIDC I.E Barwala Phone: 01733-256507
9
SECTION – 2
INSTRUCTIONS TO BIDDERS
2.0 The Haryana State Industrial & Infrastructure Development Corporation Limited,
hereinafter referred as Employer, invites Bid on Turnkey basis for Operation &
Maintenance of Common Effluent Treatment Plant of 0.5 MLD capacity constructed on
Physio chemical based Activated Sludge Process ( Primary treatment followed by Biological
treatment ) at HSIIDC, Indl. Estate, Barwala Distt. Panchkula (Haryana).
2. 1Interpretation of Documents
The various sections/ documents of the Tender document are supposed to be
complementary to each other. However if the stipulations in the tender document are
found in variance to each other in any respect one will override other (only to the extent
the same are in variance) in the order of precedence as given in the list below will take
precedence over all those places lower down in the list.
a. Notice Inviting Tender
b. Instructions to Bidders
c. Special Conditions of Contract
d. General Condition of Contract
e. Employer’s Requirements
f. Operation and Maintenance Schedule
g. Financial Offer
It may be noted, that after acceptance of the bidders offer and on signing of the contract,
the Accepted Price & Accepted Technical & Commercial Schedules shall take precedence
over other sections of the NIT. However in case there is still any deviations/ variance, the
decision of the HSIIDC shall be final and acceptable to the bidder.
10
2.3 Eligibility Criteria
The nature of assignment requires expertise and experience in the field of Installation,
Operation & Maintenance of Common Effluent Treatment Plant/ Effluent Treatment Plant
(CETP/ETP) for industrial waste water. The Bidders should therefore, meet the below
mentioned specific requirements for Eligibility Criteria and should accordingly submit
Eligibility Criteria documents: -
Table- 1:-
Sl. No.
Eligibility Requirements for participating in bids
Eligibility Criteria Documents
1 The Bidder must have operated and maintained at least one CETP/ETP
having minimum capacity of 0 .5MLD
for Industrial Effluent or STP having
capacity of 2 MLD for raw sewage
for continuously for one year for the
following treated waste water design
parameters
BOD < 30 mg/l
COD < 250 mg/l
TSS < 100 mg/l
The Bidder shall submit the following documents Agreement with
the client showing the design
parameters. Analysis reports
either submitted to pollution
control board.
Analysis report accepted by
Pollution Control Board &
Certified by the client department.
These reports and claims will be
verified during site visits
2 The bidder should give detail of litigations, if any, in the past 3
financial years
Affidavit
3 The bidder should not have made any losses in the past 3 financial
years
Certified copies of balance sheets, Profit & Loss A/C Income tax
returns and Assessment
orders for the last three years are to
be submitted. 4 The bidder should have
demonstrated an average annual
turnover of Rs. 15.00 lacs during the
last 3 years.
11
2.3.1 To be eligible for tendering, applicants shall provide evidence of their eligibility,
capability and adequacy of resources to carry out the contracts effectively. To this end,
all applications submitted shall include the following information:
Table-II
Particulars
SCHEDULES OF SECTION-7
Letter of application
Details about structure of organization, SCHEDULE 1
Financial capability (Attested copies of balance
sheets to be attached.)
SCHEDULE 2
Work experience SCHEDULE 3
Detail of raw & treated waste water design
parameters of projects mentioned in schedule 3
SCHEDULE 4
List of Current project SCHEDULE 5
Information regarding current litigation, debarring
blacklisting, expelling of applicant or abandonment
of work by applicant
SCHEDULE 6
Affidavit (draft attached) SCHEDULE 7
Additional information SCHEDULE 8
The Formats of SCHEDULE 1 to 8 are given in Section 6 or Section 7 of Volume I of Bid
Document.
If necessary, additional sheet (s) by way of photocopying the original schedule can be
added to the schedules. If need be, attachments can be added to these schedules for
giving any additional information.
2.3.2 HSIIDC would also like to verify the bidder claims by way of site visit to the CETPs/
ETPs/ CETPs operated and maintained by the bidder with the perspective to assess the
capabilities to operate and maintain the state of the art CETP. The bidder may give a
list of CETPs/ETPs/CETPs operated and maintained by them in last three years which
can be visited by the expert team of HSIIDC.
2.4 Joint Ventures
Joint Ventures are not eligible to apply. Any false statement shall result in out-right rejection of the bid and cancellation of
contract if detected during the course of finalization of bid or after the award of
contract.
12
2.5 Brief Scope of Work
The scope of work includes:
2.5.1 To operate & maintain of the CETP (for 36 months ) of I.E.Barwala having capacity of
0.5 MLD constructed based on Activated Sludge Process having Primary treatment
followed by Biological Treatment ( aeration & secondary settling tank) including
chemical treatment , as per norms of Haryana State Pollution Control Board to treat
the effluent upto the standards prescribed in Table 4.2.
2.5.2 To study the quantity & characteristics of waste water being discharged from each
effluent discharging industrial unit of Indl. Estate, Barwala in the sewerage system as
per raw effluent characteristics fixed in this DNIT. The contractor is to ensure that the
effluent from different industrial units, whose discharge is coming to CETP, shall not
exceed the discharge of effluent per day than already indicated by them to HSIIDC and
consent of the same taken from Haryana State Pollution Control Board and the effluent
of individual Industrial Unit shall not exceed the parameters given in Table 4.1. HSIIDC
authorizes the Contractor to instruct the Industrial Units accordingly to install flow-
meters and putting up their ETPs so that discharge from the Industrial Units is within
the standards prescribed in Table 4.1. HSIIDC further authorizes the contractor to
inform about the defaulting Industrial Units to Haryana Pollution Control Board to take
penal action. If the default reoccurs on the part of Industrial Unit, the Contractor shall
recommend to HSIIDC to disconnect the sewerage connection of the unit.
2.5.3 To operating & maintain the already established Effluent Analysis Laboratory building at
the CETP complex including Supply of chemicals for sample preservation, testing of
common parameters- pH, TSS, BOD, COD, TDS and O/G. The detail of the laboratory
equipment , glass wares and miscellaneous items present in the Laboratory is enclosed
in the Annexure IV. However , additional testing equipments/apparatus and glass
wares, if required , is in the scope of work of the contractor up to 36 months period of
operation & maintenance of the CETP.
2.5.4 Operation & Maintenance (up to 36 months from the date of handing over the plant) of
all works (civil, mechanical, piping, electrical, instrumentation, required for CETP &
allied works. The bid for O&M per month shall exclude all cost of power & all the
chemicals as required for treatment and include man-power as specified in the DNIT
depreciation, major/minor repairs & spares, replacement of all civil, mechanical,
Electrical & Instrumentation works, diesel & lubricants, cleaning of sludge drying beds ,
13
cost of loading solid sludge into the trucks, cost of transportation & disposal of solid
sludge that may be charged by Haryana Environment Management Society (HEMS) as
per norms of HSPCB.
2.5.5 Water supply for drinking, for chemical solution in solution tanks, office, toilet and
Laboratory shall be made available by HSIIDC.
2.5.6 Consent to Operate the CETP from the Haryana State Pollution Control Board.
2.5.7 Cleaning / removal of debris, waste materials from site and site cleaning, i/c
plantation in CETP complex.
2.6 Project Site
a) Bidders are required to inspect and examine the proposed site, existing industrial units
at Indl. Estate, Barwala and satisfy themselves about nature of the site, the space, the
existing structures , mechanical & electrical equipments including motors ,pumps, DG
set, Laboratory building and testing equipments/apparatus so as assess the adequacy of
all the facilities available in the CETP for proper operation & maintenance of the plant
before submitting their bids. Further, they are also advised to assess on their own the
quantity and character of waste water generated by the industries being discharged in
the sewerage system etc. before submitting their Bid.
a) Whatever drawings and data is available with the Employer shall be in the custody of the
ASSTT. GENERAL MANAGER (IA) HSIIDC, Indl. Estate, Barwala and the bidders can inspect
the same in office hours and in his presence at the time and dates mutually agreed to.
The Employer does not take the responsibility of accuracy of drawings and data, and
the Bidders may verify the same by their own means. The drawings and data provided
by the Employer is for the guidance in formulating the present assignment only they
shall not, without the Employer's consent, be used, copied or communicated to a third
party by the Contractor.
2.7 Earnest Money
All bids shall be accompanied by a Earnest Money of Rs. 1.15 lacs (Rupees One Lac
Fifteen Thousand only) in the form of DD any Scheduled Commercial Bank. Earnest
Money deposited by all the Bidders, except for the successful Bidder (whose Bid is
acceptable to the employer), shall be refunded within 30 days of award of work. The
14
Earnest Money in respect of the selected bidder shall be adjusted in the security
deposit.
2.8 Security deposit
After the opening of the financial bid and further negotiations, if any, the successful
Bidder, i.e. the Bidder whose Bid is acceptable to the Employer, shall have to deposit
Performance Security equal to10% of the Total amount of contract agreed to . The
performance security may be furnished in the form of Bank Guarantee from any
Scheduled Commercial Bank / Nationalized Bank and the same has to be valid up to the
end of 39 months of O & M of the plant as stipulated in the scope of the works.
The Security Deposit consisting of 5% of Bid amount deducted through running bills and
final bill shall be refunded after 3 months of completion of 36 months operation &
maintenance period and handing over the CETP to the authorized representative of
HSIIDC in good running condition.
2.9 Procedure for preparing Bid documents:
2.9. 1 No conditions or other features be added to this documents, as this will render it
invalid and shall be rejected.
2.9.2 No commercial or any other conditions except for price are to be given in the Financial
Bid.
2.9.3 Bid for Operation & Maintenance period of 36 months.
The bid for Operation & Maintenance per MONTH should include all cost of power, all
the chemicals as required for treatment, man-power, depreciation, major/ minor
repairs & spares, replacement of all civil, mechanical, Electrical & Instrumentation
works, diesel & lubricants, cost of loading solid sludge into the trucks, cost of
transportation & disposal of solid sludge as per norms of HSPCB that may be charged by
Haryana Environment Management Society (HEMS).
The agency shall submit the daily report of the quantity of effluent received at inlet
and test reports of the out let in the office HSIIDC, Indl. Estate, Barwala so as to make
monthly payment of per month of treated effluent on the basis of accepted rates.
2.10 Submission of Bids
Bidders, who have purchased the Tender Document, shall be required to submit their
bids, prepared as instructed above by 17.00 Hrs. on _______.
15
2.11 Validity
The validity of the tender (s) shall be up to ninety (90) days after the opening of
Financial Bids.
2.16. Security Deposit, Award of Work and Signing of Contract
On the acceptance of tender (Eligibility criteria - Bid as well as Price – Bid), the
successful Bidder shall be informed about it and the Bidder shall have required to
submit Performance Security equal to 10% of agreed contract price. Performance
Security shall be deposited in the form of Bank Guarantee in favour of HSIIDC valid for
39 months in the format given at the end of this section.
a) On receipt of Performance Security, work order shall be issued and Earnest Money of
all other unsuccessful Bidders shall be returned.
b) The Bidder shall at this stage sign a Contract with the Employer on mutually agreed
format within one month. The format shall be agreed to and finalized before the
award of work. The tender document and subsequent correspondence related to it
shall form part of the contract
c) The date of agreement shall be considered as the date of start of the work for the
purpose of time schedule.
d) Terms of Payments
The contractor will submit the monthly running bill by 7 day of each month for
operation & maintenance charges for previous month on the basis of the total quantity
of effluent treated in the format enclosed in volume -II
2.16.1 DEDUCTIONS
The following deductions shall be made in addition to that outlined in the general
terms & conditions of contract.
a) Security deposit @ 5% of each running bill and final bill.
b) Income tax and surcharges as per IT guidelines.
c) Work Contract Tax on Works contract as per Work Contract Tax Rules.
d) Labour CESS @ 1% of each running and final bills.
e) Service Tax.
16
2.16.2 INCENTIVES AND PENALTIES BASED ON TIME SCHEDULE
That in case the Contractor fails to achieve the prescribed out let parameters (As per
DNIT or prevailing Pollution control Board Norms) he shall pay liquidated damages for
the quantity which has not met the desired results during O & M period of 36 months @
quoted price per KL + 20% of quoted Rs./ KL. If the defect is not rectified within 48
hours, an additional penalty of Rs 5,000/- per day shall also be recovered from monthly
O&M Bills.
2.17 STATUTORY APPROVALS: The bidders are specifically advised that the following
approvals are to be obtained by them from time to time as per prevailing by laws/
rules: -
i) Consent to Operate from the Haryana State Pollution Control Board.
ii) Any other statutory clearance/approval from any other authority concerned.
iii) The Employer will provide support letters for the approvals on request of the
contractor. But arranging approval will be responsibility of the Contractor.
2.18 Price Adjustment for O&M Cost
2.18.1 Contract price for O&M Cost shall be adjusted for increase or decrease in rates and
price of labour, materials, fuels and lubricants etc.in accordance with the following
principles and procedures and as per formula given in succeeding sub clauses:
a) The price adjustment shall apply for the O&M from the start date given in succeeding
sub clauses up to end of the initial intended completion date and shall not apply to the
work carried out beyond the stipulated time for any reasons.
b) The price adjustment shall be determined during each month from the formula given in
succeeding sub clauses.
c) Following expressions and meanings are assigned to the work done during each month.
R’= Total value of O&M work done during the month. It would include the amount of
secured advance granted, if any, during the month, less the amount of secured advance
recovered, if any during the month. It will exclude value of works executed under
variations for which price adjustment will be worked out separately based on the
terms mutually agreed.
2.18.2 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
17
prices included in the contract shall be deemed to include amounts to cover the
contingency of such other rise or fall in costs.
2.18.3 The formula for adjustment of prices are:
R’ = Value of work as defined in Sub Clause 2.18.2 above.
Adjustment for labour component
Price adjustment for increase or decrease in the cost due to labour shall be
paid in accordance with the following formula:
V’L = 0.85 x P’1/100 x R’ x (Li – Lo)/ Lo
V’L = increase or decrease in the cost of work during the month under
consideration due to changes in rates for local labour.
Lo = The All India Monthly Consumer Price Index for Industrial
Workers(General Index) applicable on 28 days preceding the date of
opening of Bids as published by Labour Bureau, Government of
India(website http://labourbureau.gov.in).
Li = The All India Monthly Consumer Price Index for Industrial
Workers(General Index) for the month under consideration as published
by Labour Bureau, Government of India(website
http://labourbureau.gov.in).
P’I = Percentage of labour component of work.
Adjustment for Electric Power Component
Price adjustment for increase or decrease in the cost of Electric power
component paid by the Contractor shall be paid in accordance with the
following formula:
V’p = 0.85 x P’p/100 x R’ x (C’i – C’o)/ C’o
V’p = Increase or decrease in the cost of work during the month under
consideration due to changes in rates for Electric Power.
C’o = The Monthly Wholesale Price Index for ELECTRICAL Power (Commercial)
for the month under consideration as published by the office of
Economic Advisor to the Government of India, Ministry of Commerce &
Industry(website http://eaindustry.nic.in).
P’p = Percentage of Electric Power component of the work.
18
Note: For the application of this sub clause, index of ELECTRIC POWER (COMMERCIAL) has been chosen to represent Electric Power Components.
Adjustment of POL (fuel and lubricant) component.
Price adjustment for increase or decrease in the cost of POL (fuel & lubricant)
shall be paid in accordance with the following formula:
V’f = 0.85 x P’f/100 x R’ x (Fi - Fo)/ Fo
V’f = Increase or decrease in the cost of work during the month under
consideration due to changes in rates for POL (fuel & lubricant.
Fo = The Monthly Wholesale Price Index for High Speed Diesel on 28 days
preceding the date of opening of Bids as published by the Office of
Economic Advisor to the Government of India, Ministry of Commerce &
Industry(website http://eaindustry.nic.in).
Fi = The Monthly Wholesale Price Index for High Speed Diesel for the month
under consideration as published by the office of Economic Advisor to
the Government of India, Ministry of Commerce & Industry(website
http://eaindustry.nic.in).
P’p = Percentage of POL(fuel & lubricant) component of the work.
Note: For the application of this sub clause, index of High Speed Diesel has been chosen to represent POL (fuel & Lubricants) gruop.
Adjustment for Plant & Machinery
Price adjustment for increase or decrease in the cost of Plant & Machinery
procured by the Contractor shall be paid in accordance with the following
formula:
V’p = 0.85 x P’p/100 x R’ x (Pi - Po)/ Po,
V’p = Increase or decrease in the cost of work during the month under
consideration due to changes in rates for Plant & Machinery.
Po = The Monthly Wholesale Price Index for ELECTRICAL MACHINERY,
EQUIPMENT & BATTERIES on 28 days preceding the date of opening of
Bids as published by the Office of Economic Advisor to the Government
of India, Ministry of Commerce & Industry(website
http://eaindustry.nic.in).
Pi = The Monthly Wholesale Price Index for ELECTRICAL MACHINERY,
EQUIPMENT & BATTERIES for the month under consideration as
published by the Office of Economic Advisor to the Government of
19
India, Ministry of Commerce & Industry(website
http://eaindustry.nic.in).
P’p = Percentage of Plant & Machinery component of the work.
Note: For the application of this sub clause, index of ELECTRICAL MACHINERY, EQUIPMENT & BATTERIES has been chosen to represent Plant and Machinery.
Adjustment for Chemical Component
Price adjustment for increase or decrease in the cost of Chemical procured by
the Contractor shall be paid in accordance with the following formula:
V’s = 0.85 x P’s/100 x R’ x (Si - So)/ So
V’s = Increase or decrease in the cost of work during the month under
consideration due to changes in rates for Chemicals.
So = The Monthly Wholesale Price Index for CHEMICALS & CHEMICAL
PRODUCTS on 28 days preceding the date of opening of Bids as
published by the Office of Economic Advisor to the Government of
India, Ministry of Commerce & Industry(website
http://eaindustry.nic.in).
Si = The Monthly Wholesale Price Index for CHEMICALS & CHEMICAL
PRODUCTS for the month under consideration as published by the Office
of Economic Advisor to the Government of India, Ministry of Commerce
& Industry(website http://eaindustry.nic.in).
P’s = Percentage of Chemical component of the work.
Note: For the application of this sub clause, index CHEMICALS & CHEMICAL PRODUCTS has been chosen to represent Chemicals group .
Adjustment of Other materials Component
Price adjustment for increase or decrease in the cost of local materials other
than Labour, Electric Power, POL, Plant & Machinery, Chemicals procured by
the Contractor shall be paid in accordance with the following formula:
V’m = 0.85 x P’m/100 x R’ x (M’i – M’o)/ M’o V’m = Increase or decrease in the cost of work during the month under
consideration due to changes in rates for local materials other than Labour, Electric Power, POL, Plant & Machinery, Chemicals.
20
M’o = The Monthly Wholesale Price Index for All Commodities on 28 days preceding the date of opening of Bids as published by the Office of Economic Advisor to the Government of India, Ministry of Commerce & Industry(website http://eaindustry.nic.in).
M’i = The Monthly Wholesale Price Index for All Commodities for the month
under consideration as published by the Office of Economic Advisor to
the Government of India, Ministry of Commerce & Industry(website
http://eaindustry.nic.in).
P’m = Percentage of local material component (other than Labour, Electric
Power, POL, Plant & Machinery, Chemicals) of the work.
Note: For the application of this subclause, index of All Commodities has
been chosen to represent local material component (other than Labour,
Electric Power, POL, Plant & Machinery, Chemicals)
The following percentages will govern the price adjustment for the O & M Cost Component: 1. Labour – P’I 30% 2. Electric Power – P’c 30% 3. POL – P’f 10% 4. Plant & Machinery – P’p 05% 5. Chemicals – P’s 10% 6. Other Materials – P’m 15% ----------
Total 100% ----------
2.19 Subsequent Legislation
If, after the 28 days prior to the latest date for submission of tenders for the Contract
there occur changes to any National or State Statue, Ordinance, Decree or other Law
or any regulation or bye-law of any local or other duly constituted authority, or the
introduction of any such State Statue, Ordinance, Decree, Law, regulation or bye-law
which causes additional or reduced cost to the Contractor, such additional or
reduced cost shall, after due consultation with the Employer will be submitted by the
contractor to the Engineer-in-Charge for requisite addition or deduction from the
contract price.
2.20 Other Changes in Cost
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 of costs.
21
2.21 Expected Characteristics of combined untreated equalized waste water (effluent)
based on which the CETP has been designed are mentioned in Table-4.1
2.21.1 Required Characteristics of Treated Effluent after Secondary Treatment are
mentioned in Table -4.2.
22
SECTION - 3
GENERAL CONDITIONS OF CONTRACT
DEFINITIONS
Contractor means the person whose Tender/Bid has been accepted by the Employer
and the legal successors in title to such person, but not (except with the consent of the
Employer) any assignee of such person. And in this document also referred to as either
as Bidder or Tenderer.
Employer means the organization issuing the BID Documents/NIT, responsible for the
payment of works and which owns the works after completion is termed as Employer.
In this case ” Haryana State Industrial & Infrastructure Development Corporation
Limited“ is the Employer. And in this document referred to as either as Employer or
HSIIDC.
3.1. CONTRACT
3.1.1 Contract Agreement
Either party shall, execute a Contract Agreement, in the form annexed with such
modifications as may be necessary to record the Contract. The costs of stamp duties
and similar charges imposed by law shall be borne by the Contractor.
3.1.2 Law & Language
The law of the Contract is the law of India.
The language of the contract is the English language.
3.1.3 Priority of Documents
The documents forming the Contract are to be taken as mutually explanatory of one
another. If there is an ambiguity or discrepancy in the documents, the Employer's
Representative shall issue any necessary clarification or instruction to the Contractor,
and the priority of the documents shall be as follows:
(a) The Contract Agreement;
(b) The Letter of Acceptance,
(c) The Employer's Requirements and technical specifications;
(d) The Bid
(e) The General Conditions of Contract
(g) The Schedules;
23
(h) the drawings and
(i) The Contractor's Proposal.
3.1.4 Documents on Site
The Contractor shall keep at Site one complete set of the documents forming the
Contract, the Construction Documents, communications given or issued under
Sub-Clause 3.1.5 and the documents mentioned in Technical Standards and Regulations
Clause. The Employer, the Employer's Representatives shall have the right to use such
documents at all reasonable times.
3.1.5 Communications
Wherever provision is made for the giving or issue of any notice, instruction, consent,
approval, certificate or determination by any person, unless otherwise specified such
communication shall be in writing and shall not be unreasonably withheld or delayed.
All certificates, notices or written orders to be given to the Contractor by the Employer
or the Employer's Representative, and all notices to be given to the Employer or to the
Employers Representative by the Contractor, shall either be delivered by hand against
written acknowledgment of receipt or by registered post.
3.1.7 Contractor's Use of Employer's Documents
Drawings and other documents issued by the Employer or the Employer's
Representative to the Contractor shall (as between the parties) remain the property of
the Employer. The Contractor may, at his cost, copy, use and communicate any such
documents for the purposes of the Contract. They shall not, without the Employer's
consent, be used, copied or communicated to a third party by the Contractor.
3.1.8 Compliance with Statutes, Regulations and Law
The Contractor shall, in all matters arising in the performance of the Contract, comply
with, give all notices under, and pay all fees required by, the provisions of any national
or state statute, ordinance or other law, or any regulation of any legally constituted
public authority having jurisdiction over the Works. The Contractor shall obtain all
permits, licenses or approvals required for any part of the Works within reasonable
time taking into account of the times for delivery of the Plant and Materials and the
targets for completion of the Works.
3.1.9 Joint and Several Liability
No Joint venture is eligible to apply
24
3.2 THE EMPLOYER
3.2.1 General Obligations
The Employer shall provide the Site and shall pay the Contractor in accordance with
terms of this tender
3.2.2 Access to and Possession of the Site
The Employer shall grant the Contractor right of access to and possession of the Site
within 15 days of execution of the agreement. Such right and possession may not be
exclusive to the Contractor.
If the Contractor suffers delay and/or incurs Cost from failure on the part of the
Employer to grant right of access to or possession of the Site, the Contractor shall give
notice to the Employer's Representative. After receipt of such notice the Employer's
Representative shall proceed in accordance with Sub Clause 3.3.3 to agree or
determine any extension of time to which the Contractor is entitled to.
3.2.3 Permits, Licenses or Approvals
The Employer shall, at the request and cost of the Contractor, assist him in applying
for permits, licenses or approvals, which are required for any part of the Works, for
delivery (including clearance through customs) of Plant, Materials and Contractor's
Equipment, and for the completion of the Works. Such requests may also include
requests for the Employer's assistance in applying for any necessary government
consent to the export of Contractor's Equipment when it is removed from the Site.
However obtaining of such permits, licenses or approvals shall be the responsibility of
the Contractor.
3.2.4 Employer's Entitlement to Terminate
The Employer shall be entitled to terminate the Contract, at the Employer's
convenience, at any time after giving 60 days' prior notice to the Contractor and
returning the performance security. In the event of such termination, the Contractor:
(a) shall proceed in accordance with Sub-Clause 3.16.3, and
(b) shall be paid by the Employer in accordance with Sub-Clause 3.19.6.
25
3.3. THE EMPLOYER'S REPRESENTATIVE
3.3.1 Employer's Representative's Duties and Authority
The Employer's Representative shall carry out the duties specified in the Contract. The
Employer's Representative shall have no authority to amend the Contract nor shall have
authority to relieve the Contractor of any of his duties, obligations or responsibilities
under the Contract.
Any proposal, inspection, examination, testing, consent, approval or similar act by the
Employer's Representative (including absence of disapproval) shall not relieve the
Contractor from any responsibility, including responsibility for his errors, omissions,
discrepancies, and noncompliance with Sub-Clauses 3.4.3 and 3.4.4.
3.3.2 Employer's Representative's Instructions
Unless it is legally or physically impossible, the Contractor shall comply with
instructions given by the Employer's Representative in accordance with the Contract.
3.3.3 Employer's Representative to Attempt Agreement
When the Employer's Representative is required to determine value, Cost or extension
of time, he shall consult with the Contractor in an endeavor to reach agreement. If
agreement is not achieved, the Employer's Representative shall determine the matter
fairly, reasonably and in accordance with the Contract.
3.4. THE CONTRACTOR 3.4.1 General Obligations
1. The Contractor is required to check the operation & maintenance criteria and
calculations, if any, included in the Employers requirements, to confirm their
correctness or otherwise in its Bid and to assume full responsibility for them.
2. The Works as completed by the Contractor shall be wholly in accordance with
the Contract and fit for the purposes for which they are intended, as defined in
the Contract.
3. The Works shall include any work which is necessary to satisfy the Employer's
Requirements, Contractor's Proposal and Schedules, or is implied by the
Contract, or arises from any obligation of the Contractor, and all works not
mentioned in the Contract but which may be inferred to be necessary for
26
stability or completion or the safe, reliable and efficient operation of the
Works.
4. The Contractor shall operate , maintain and complete the Works as per contract
and carry the work in given time schedule, including providing operation &
maintenance schedule Documents, within the Time for Completion, and shall
remedy any defects within the Contract Period.
5. The Contractor shall provide all superintendence, labour, Plant, Materials,
Contractor's Equipment, Temporary Works and all other things, whether of a
temporary or permanent nature, required in and for operation, maintenance
and remedying of defects.
6. Before commencing operation & maintenance work, the Contractor shall satisfy
himself regarding the Employer's Requirements (including design criteria and
calculations, if any) and the items of reference mentioned in Sub-Clause 3.4.8.
7. The Contractor shall give notice to the Employer's Representative of any error,
fault or other defect in the Employer's Requirements or such items of reference.
After receipt of such notice, the Employer's Representative shall determine
whether Clause 3.14 (variation clause) shall be applied, and shall notify the
Contractor accordingly.
8. The Contractor shall take full responsibility for the adequacy, stability and
safety of all Site operations, of all methods of construction. and of all the
Works, irrespective of any approval or consent by the Employer's
Representative.
3.4.2 Performance Security
The Contractor shall provide security for its proper performance of the contract to the
Employer, as mentioned in para 2.16 of Section 2 of this document, within 30 days
after the receipt of the Letter of Acceptance. The performance security shall be in the
form of unconditional bank guarantee issued by a Nationalized or Scheduled Bank
located in India. When providing such security to the Employer, the Contractor shall
notify the Employer’s Representative of so doing.
The performance security shall remain valid until the Contractor has completed the
whole of the Works and remedied any defects and completed his obligations for
operation and maintenance of the CETP and facilities. The performance security will be
released to the Contractor within 3 months after successful completion of the
Operation and Maintenance period of 36 months.
27
Prior to making a claim under the performance security, the Employer shall, in every
case, notify the Contractor stating the nature of the default for which the claim is to
be made.
3.4.3 Contractor's Representative
On acceptance of the tender, the name of the accredited representative(s) of the
Contractor (with attested photograph and signatures), who would be responsible for
taking instructions from the Employer/Employers representative, shall be
communicated to the Employer.
Unless the Contractor's Representative is named in the Contract, the Contractor shall,
within 14 days of the Effective Date, submit to the Employer's Representative for
consent the name and particulars of the person the Contractor proposes to appoint.
The Contractor shall not revoke the appointment of the Contractor's Representative
without the prior consent of the Employer's Representative.
3.4.4 Co-ordination of the Works
The Contractor shall be responsible for the co-ordination and proper execution of the
Works, including co-ordination of other contractors, if any, to the extent specified in
the Employer's Requirements. The Contractor shall, as specified in the Employer's
Requirements, afford all reasonable opportunities for carrying out their work to:
(a) Any other contractors employed by the Employer and their workmen,
(b) The workmen of the Employer, and
(c) The workmen of any legally constituted public; authorities who may be
employed in the execution on or near the Site of any work not included in the
Contract, which the Employer may require.
3.4.5 Subcontractors
The Contractor shall not subcontract the whole of the Works, except for the following:
(a) The Contractor shall not be required to obtain consent for purchases of
Materials or for subcontracting for which the Subcontractor/ manufacturer are
named in the Contract;
(b) The prior consent of the Employer's Representative shall be obtained for other
proposed Subcontractors. The total out sourcing in the case shall not exceed
25% value of contract.
28
(c) Not less than 28 days before the intended date of each Subcontractor
commencing work on the Site, the Contractor shall notify the Employer's
Representative of such intention.
(d) The Contractor shall be responsible for observance by all Subcontractors of all
the provisions of the Contract. The Contractor shall be responsible for the acts
or defaults of any Subcontractor, his agents or employees, as fully as if they
were the acts or defaults of the Contractor, his agents or employees.
3.4.6 Assignment of Subcontractor's Obligations
If a Subcontractor has undertaken a continuing and assignable obligation to the
Contractor for the work designed or executed, or Plant, Materials or services supplied,
by such Subcontractor, and if such obligation extends beyond the expiry of the
Contract Period, the Contractor shall, upon the expiry of the Contract Period, assign
the benefit of such obligation to the Employer for its unexpired duration, at the
request and cost of the Employer.
3.4.7 Setting Out
The Contractor shall set out the Works, machinery, & equipments in relation to original
points, lines and levels of reference specified in the Employer's Requirements or, if not
specified, given by the Employer's Representative in writing. The Contractor shall
rectify, at his cost, any error in the positions, levels, dimensions or alignment of the
Works /Equipments.
3.4.8 Quality Assurance
The Employer shall have right to exercise proper Quality Control measures. The
Contractor shall provide all assistance to conduct such tests. Contractor has to operate
& maintain the quality control lab for O&M period. It shall be the responsibility of
contractor to operate & maintain all the equipments of quality control (with accuracy
as per standards for all the tests as per quality control norms. Contractor has to
provide all key personnel and assistance staff as to carry out and record and maintain
proper quality control of works and O&M. Failure to operate & maintain the quality
control labs with all the equipments and key personnel shall be the breach of
contract. The Contractor shall institute a quality assurance system to demonstrate
compliance with the requirements of the Contract. Such system shall be in accordance
29
with the details stated in the Contract. Compliance with the quality assurance system
shall not relieve the Contractor of his duties, obligations or responsibilities.
Details of all procedures and compliance documents shall be submitted by the
contractor to the Employer's Representative for his information for operation &
maintenance of each structure/equipment before commencement of the work. When
any document is submitted the Employer’s Representative, it shall be accompanied by
the signed quality statements for such document, in accordance with the details stated
in the Contract. The Employer’s Representative shall be entitled to audit any aspect of
the system and correcting action needs to be taken if they so desire.
3.4.9 Site Data
The Contractor shall be deemed to have inspected and examined the Site, its
surroundings, the data available with the Employer and other available information,
and to have satisfied himself (so far as is practicable, taking account of cost and time)
before submitting the Tender, as to:
(a) the form and nature of the Site, including the sub-surface conditions,
(b) the hydrological and climatic conditions,
(c) the extent and nature of the work and Materials necessary for the execution and
completion of the Works, and the remedying of any defects, and
(d) the means of access to the Site and the accommodation he may require.
The Contractor shall be deemed to have obtained all necessary information as
to risks, contingencies and all other circumstances which may influence or
affect the Tender.
3.4.10 Matters Affecting the Execution of the Works
The Contractor shall be deemed to have satisfied himself as to the correctness and
sufficiency of the Contract Price. Unless otherwise stated in the Contract, the Contract
Price shall cover all his obligations under the Contract (including those under
Provisional Sums, if any) and all things necessary for the proper design, execution and
completion of the Works and the remedying of any defects.
3.4.11 Unforeseeable Conditions
If such conditions are encountered by the Contractor which in his opinion were not
foreseeable by an experienced contractor, the Contractor shall give notice to the
Employer's Representative so that the Employer's Representative can inspect such
conditions. After receipt of such notice and after his inspection and investigation, the
30
Employees Representative shall, if such conditions were not (by the Base Date)
foreseeable by an experienced contractor, proceed in accordance with Sub-Clause
3.3.3 to agree or determine:
(a) Any extension of time to which the Contractor is entitled under Sub-Clause 3.
10.3, and
(b) The additional Cost due to such conditions, which shall be added to the
Contract Price, and shall notify the Contractor accordingly.
3.4.12 Access Route
The Contractor shall be deemed to have satisfied himself as to the suitability and
availability of the access routes he chooses to use. The Contractor shall (as between
the parties) be responsible for the maintenance of access routes. The Contractor shall
provide any signs or directions which he may consider necessary for the guidance of his
staff, labour and others„ The Contractor shall obtain any permission that may be
required from the relevant authorities for the use of such routes, signs and directions.
The Employer will not be responsible for any claims which may arise from the use or
otherwise of any access route. The Employer does not guarantee the suitability or
availability of any particular access route, and will not entertain any claim for any
non - suitability or non - availability for continuous use during construction of any such
route.
3.4.13 Progress Reports
(a) Daily Test reports shall be prepared by the Contractor and submitted to the Employer's
Representative in two copies. The report shall cover the time & date & such test
results/ reports shall be submitted by the contractor daily by 11:00 A.M. in the HSIIDC
Office. Reporting shall continue until the Contractor has completed all work which is
known to be outstanding at the completion date stated in the Taking-Over Certificate
for the Works.
(b) Records of personnel log book of DG sets, detail of chemical consumption, sludge
generated, Quantity of inlet raw effluent & treated effluent.
(c) Copies of quality assurance documents, test results and certificates of Materials;
(d) Safety statistics, including details of any hazardous incidents and activities relating to
environmental aspects and public relations; and
31
3.4.14 Contractor's Equipment
The Contractor shall provide all Contractor's Equipment necessary to complete the
Works and to operate and maintain the constructed facilities. All Contractor's
Equipment shall, when brought on to the Site, be deemed to be exclusively intended
for the execution of the Works. The Contractor shall not remove from the Site any such
Contractor's Equipment without the consent of the Employer's Representative.
3.4.15 Safety Precautions
The Contractor shall comply with all applicable safety regulations in his design, access
arrangements and operations on Site. The Contractor shall, from the commencement of
work on Site until taking over by the Employer, provide:
(a) fencing, lighting, guarding and watching of the Works; and
(b) Temporary roadways, footways, guards and fences which may be necessary for
the accommodation and protection of owners and occupiers of adjacent land,
the public and others.
3.4.16 Protection of the Environment
The Contractor shall take all reasonable steps to protect the environment (both on and
off the Site) and to limit the damage and nuisance to people and property resulting
from pollution, noise and other results of his operations. The Contractor shall ensure
that air emissions, surface discharges and effluent from the Site during the Contract
Period shall not exceed the values indicated in the Employer's Requirements, and shall
not exceed the values prescribed by law.
3.4.17 Electricity & Water
ELECTRICITY
a) The Contractor will make his own arrangement for Electricity during Operation
& Maintenance of the Plant.
b) The Contractor shall also make adequate arrangement of his own Diesel
Generator sets required for the work, so that the same can be used by him
during failure of availability of electricity. Necessary permission, if required
shall be taken by him from the concerned authorities.
32
WATER
Contractor is required to make his own arrangement for the water required for the
operation & maintenance works as well as for drinking and other uses of his workers. In
either case water being provided should be fit for the respective usage. However, the
contractor shall be provided the source of water by the client at one point.
3.4.18 MATERIAL SUPPLIED BY EMPLOYER
All chemicals, diesel, electricity are provided by employer. However if any material
is issued by the Employer then:
i) The cost of materials if issued by Employer shall be recovered from running
payments of the Contractor as per issue rates specified in the Tender
Specification or fixed prior to issue of material .
ii) In case of theft, pilferage, loss damage etc. due to any reason, whatsoever,
recovery shall be effected at penal rate i. e. twice the issue rate.
iii) Materials becoming surplus shall be returned to Employer or disposed off as
directed by the Engineer-in-charge to the Contractor at Contractors own cost.
3.4.19 Clearance of Site
During the execution of the Works, the Contractor shall keep the Site free from
unnecessary obstruction, and shall store or dispose off any of the Contractor's
Equipment & surplus materials. The Contractor shall clear away and remove from the
Site all wreckage, rubbish or Temporary Works no longer required.
Upon the issue of any Taking-Over Certificate, the Contractor shall clear away and
remove, from that part of the Site and Works to which such Taking-Over Certificate
refers, all Contractor's Equipment, surplus material, wreckage, rubbish Temporary
Works. The Contractor shall leave such part of the Site and the Works in a clean and
safe condition to the satisfaction of the Employer's Representative. Except that, the
Contractor shall be entitled to retain on Site, until the expiry of the Contract Period,
such Contractor's Equipment, Materials and Temporary Works as required by him for
the purpose of fulfilling his obligations under the Contract.
If the Contractor fails to remove, by 28 days after the issue of the Completion
Certificate, any remaining Contractor's Equipment, surplus material, wreckage, rubbish
and Temporary Works, the Employer may sell or otherwise dispose off surplus items.
The Employer shall be entitled to retain, from the proceeds of such sale, the sum
33
sufficient to meet the costs incurred in connection with the sale or disposal, and in
restoring the Site. Any balance of the proceeds shall be paid to the Contractor. If the
proceeds of the sale are insufficient to meet the Employer's costs, the outstanding
balance shall be recoverable from the Contractor by the Employer.
3.4.20 Security of the Site
(a) the Contractor shall be responsible for keeping unauthorized persons out of Site,
and
(b) Authorized persons shall be limited to the employees of the Contractor, employees
of his subcontractors and persons authorized by the Employer or the Employer's
Representative.
3.4.21 Contractor's Operations on Site
The Contractor shall confine his operations to the Site, and to any additional areas
which may be provided to the Contractor and agreed by the Employer's Representative
as working areas. The Contractor shall take all necessary precautions to keep his
personnel and equipment within the Site and such additional areas, and to keep and
prohibit them from encroaching on adjacent land.
3.4.22 Fossils
All fossils, coins, articles of value or antiquity, and structures and other remains or
things of geological or archaeological interest discovered on the Site shall (as between
the parties) be the property of the Employer. The Contractor shall take reasonable
precautions to prevent his staff, labour or other persons from removing or damaging
any such article or thing. The Contractor shall, immediately upon discovery of such
article or thing, advise the Employer's Representative, who may issue instructions for
dealing with it.
3.5 Operation and Maintenance Manuals
The Contractor, before commencement of operation & maintenance of the plant, shall
submit three (3)copies of the operation and maintenance manual, in English language,
containing descriptions, illustrations, sketches, drawings, sectional drawings, sectional
arrangement view and manufacturer’s parts numbers to enable the connections,
functions, operation and maintenance of all components of the complete plant to be
easily followed and for all parts to be easily identified to facilitate ordering of the
replacement parts. Exploded views of the items/ works where appropriate shall be
34
used for clarity. The Contractor shall provide the contact address and telephone
number (Hotline) in the manual.
The operation manual shall also include the following:
Technical data,. Performance characteristics and other relevant details of each
equipment.
Instructions for lubricating servicing and overhauling, service life of each
equipment at normal wear and tear.
Particulars of lubricating oil and grease to be used, also alternative indigenous
commercial lubricating oils, grease etc. suitable for use.
Performance curves for all rotating equipment regarding efficiency loading and
output.
Start-up procedure for the CETP including that of various equipments.
Names of chemicals & their design requirement.
Estimate of daily consumption of chemicals & power.
Estimate of skilled & unskilled manpower requirement of O&M of plant
List of tools mounted on wall panels.
List of spares provided in the spare box.
Spare parts list, with manufacturer‟ s part numbers and their name and address
of nearest dealers/suppliers
Inventory management procedures including re-order levels for each component
for item.
Log book of consumption of chemical & power (electricity)
Log book of manpower deployed during O&M
Operator’s Log.
List of the photographs/drawings of the plant and machinery as fabricated by
the manufacturer.
Trouble shooting aspects of the process and equipment.
Operating the plant under abnormal conditions e.g. during prolonged power
failure/ shut down, sudden influence of industrial effluents containing toxic
chemicals and restarting the plant or its section after prolonged shut down.
The maintenance manual shall also include the following:
Emergency response procedures
Procedures for break down & preventive maintenance.
Preventive maintenance procedures for all the equipment.
35
Emergency maintenance management of the plant and equipment.
Safety aspects including protection against hazards.
Other codes of practices, protocols.
Duties & responsibilities of the plant staff including their rotation.
3.6 Error by Contractor
If errors are found in the Construction Documents, they and the Works shall be
corrected at the Contractor's cost.
3.7 Patent Rights
The Contractor shall indemnify the Employer against all claims of infringement
of any patent, registered design, copyright, trade mark or trade name, or other
intellectual property right arising out of works being designed, constructed and
commissioned by him.
The Contractor shall be promptly notified of any claim under this Sub-Clause
made against the Employer. The Contractor may, at his cost, conduct
negotiations for the settlement of such claim, and any litigation or arbitration
that may arise from it. The Employer or the Employer's Representative shall not
make any admission which might be prejudicial to the Contractor, unless the
Contractor has failed to take over the conduct of the negotiations, litigation or
arbitration within a reasonable time after having been so requested.
Except to the extent that the Employer agrees otherwise, the Contractor shall
not make any admission which might be prejudicial to the Employer, until the
Contractor has given the Employer such reasonable security as the Employer
may require. The security shall be for an amount which is an assessment of the
compensation, damages, charges and costs for which the Employer may become
liable, and to which the indemnity under this Sub-Clause applies.
The Employer shall, at the request and cost of the Contractor, assist him in
contesting any such claim or action, and shall be repaid all reasonable costs
incurred.
3.8 STAFF AND LABOUR
3.8.1 Engagement of Staff and Labour
The Contractor shall make his own arrangements for the engagement of all staff and
labour, local or otherwise, and for their payment, housing, feeding and transport.
36
3.8.2 Labour Laws
The Contractor shall comply with all the relevant labour laws of the State/Central
Government and rules and orders issued under them.(e.g. Apprenticeship Act 1961). If
he fails to do so, his failure will be breach of Contract and the Employer at his
discretion may cancel the Contract. The Contractor shall also be liable for any
pecuniary liability arising on account of violations by him the provisions of the act
3.8.3 Working Hours
No work shall be carried out on the Site outside the normal working hours or on the
locally recognized days of rest, unless:
(a) The work is unavoidable, or necessary for the saving of life or property or for
the safety of the Works, in which case the Contractor shall immediately advise
the Employer's Representative, or
(b) The Employer's Representative gives his consent.
The operation and maintenance work shall be carried out 24 hours a day, 7 days a
week, for all the days of the year including National Holidays. Likewise the Trial run
and commissioning period shall be carried out 24 hours a day, 7 days a week as decided
by the Employer.
3.8.4 Facilities for Staff and Labour
The Contractor shall provide and maintain all necessary accommodation and welfare
facilities for his (and his Subcontractor's) staff and labour. The Contractor shall not
permit any of his employees to maintain any temporary or permanent living quarters
within the structures forming part of the Works.
3.8.5 Health and Safety
Precautions shall be taken by the Contractor to ensure the health and safety of
his staff and labour. The Contractor shall, in collaboration with and to the
requirements of the local health authorities, ensure that medical staff, first aid
facilities, sick bay and ambulance service are available at the accommodation
and on the Site at all times, and that suitable arrangements are made for all
necessary welfare and hygiene requirements and for the prevention of
epidemics. The Contractor shall maintain records and make reports concerning
health, safety and welfare of persons, and damage to property, as the
Employer's Representative may reasonably require.
37
The Contractor shall appoint a member of his staff at the Site to be responsible
for maintaining the safety, and protection against accidents, of personnel on
the Site. This person shall be qualified for his work and shall have the authority
to issue instructions and take protective measures to prevent accidents. The
Contractor shall send, to the Employer's Representative, details of any accident
as soon as possible after its occurrence.
All applicable current laws & regulations regarding health and safety of
labour/employees shall be strictly adhered to.
3.8.6 Contractor's Superintendence
The Contractor shall provide all necessary superintendence during the operation and
maintenance of the plant, and as long thereafter as the Employer's Representative may
consider necessary for the proper fulfilling of the Contractors obligations under the
Contract. Such superintendence shall be given by sufficiently trained persons having
adequate knowledge of the operations to be carried out (including the methods and
techniques required, the hazards likely to be encountered and methods of preventing
accidents) for the satisfactory and safe execution of the Works. There should be at
least one qualified graduate engineer.
3.8.7 Contractor's Personnel
The Contractor shall employ (or cause to be employed) only persons who are careful
and appropriately qualified, skilled and experienced in their respective trades or
occupations. The Employer's Representative may require the Contractor to remove (or
cause to be removed) any person employed on the Site or Works, including the
Contractor's Representative, who in the opinion of the Employer's Representative:
(a) Persists in any misconduct,
(b) is incompetent or negligent in the performance of his duties,
(c) fails to conform with any provisions of the Contract, or
(d) persists in any conduct which is prejudicial to safety, health, or the protection of
the environment.
If appropriate, the Contractor shall then appoint (or cause to be appointed) a suitable
replacement person.
38
3.8.8 Disorderly Conduct
The Contractor shall at all times take all reasonable precautions to prevent any
unlawful, riotous or disorderly conduct by or amongst his staff and labour, and to
preserve peace and protection of persons and property within the site and in the
neighborhood of the Works against such conduct.
3.9 PLANT, MATERIALS AND WORKMANSHIP
3.9.1 Manner of Execution
All Plant and Machinery shall be operated & maintained in the manner set out in the
Contract. Where the manner of operation and execution is not set out in the Contract,
the work shall be executed in a proper, workmanlike and careful manner, with properly
equipped facilities and non-hazardous Materials, and in accordance with recognized
good practice, and various codes brought out by regulating agencies.
3.9.2 Delivery to Site
The Contractor shall be responsible for procurement, transport, receiving, unloading
and safekeeping of all Plant, Materials, Contractor's Equipment and other things
required for the proper completion of the Works.
3.9.3 Inspection
The Employer and the Employer's Representative shall be entitled, during operation &
maintenance at any places where work is being carried out, to inspect, examine and
test the materials and workmanship, and to check the progress of maintenance of all
plant and materials to be supplied under the Contract. The Contractor shall give them
full opportunity to inspect, examine, measure and test any work on Site or wherever it
is being carried out.
The Contractor shall give due notice to the Employer's Representative whenever such
work is ready, before packaging, covering up or putting out of view. The Employer's
Representative shall then either carry out the inspection, examination, measurement
or testing without unreasonable delay, or notify the Contractor that it is considered
unnecessary. If the Contractor fails to give such notice, he shall, when required by the
Employer's Representative, uncover such work and thereafter reinstate and make good
at his own cost.
39
3.9.4 Testing
If the Contract provides for tests, other than the Tests after Completion, the
Contractor shall provide all documents and other information necessary for
testing and such assistance, labour, materials, electricity, fuel, stores,
apparatus and instruments, laboratory facilities as are necessary to carry out
such tests efficiently.
The Contractor shall agree, with the Employer's Representative, the time and
place for the testing of any Plant and other parts of the Works as specified in
the Contract. The Employer's Representative shall give the Contractor not less
than 24 hours' notice of his intention to attend the tests. The Contractor shall
provide sufficient suitably qualified and experienced staff to carry out the tests
specified in the Contract.
If the Employer's Representative does not attend at the time and place agreed,
or if the Contractor and the Employer's Representative agree that the
Employer's Representative shall not attend, the Contractor may proceed with
the tests, unless the Employer's Representative instructs the Contractor
otherwise. Such tests shall be deemed to have been made in the Employer's
Representative's presence.
The Contractor shall promptly forward to the Employer's Representative duly
certified reports of the tests. If the Employer's Representative has not attended
the tests, he shall accept the readings as accurate. When the specified tests
have been passed, the Employer's Representative shall endorse the Contractor's
test certificate, or issue a certificate to him, to that effect.
3.9.5 Rejection
If, as a result of inspection, examination or testing, the Employer's Representative
decides that any Plant, Materials, design or workmanship is defective or otherwise not
in accordance with the Contract, the Employer's Representative may reject such Plant,
Materials, design or workmanship and shall notify the Contractor promptly, stating his
reasons. The Contractor shall then promptly make good the defect and ensure that the
rejected item complies with the Contract.
If the Employer's Representative requires such Plant, Materials, design or workmanship
to be retested, the tests shall be repeated under the same terms and conditions. If
such rejection and retesting cause the Employer to incur additional costs, such costs
40
shall be recoverable from the Contractor by the Employer, and may be deducted by the
Employer from any monies due, or to become due to the Contractor.
3.9.6 Ownership of Plant and Materials
Each item of Plant and Materials shall become the property of the Employer at earlier
of the following alternatives:
(a) when it is delivered to Site;
(b) when by virtue of Sub-Clause 3.10.9, the Contractor becomes entitled to payment of
the value of the Plant and Materials.
3.10 COMMENCEMENT, DELAYS AND SUSPENSION
3.10.1 Commencement of Works
The Contractor shall commence the operation & maintenance of the plant as soon as is
reasonably possible but not later than 15 days after the signing of agreement. The
Contractor shall then proceed with the Works with due expeditiousness and without
delay as per time schedule, until completion.
3.10.2 Time for Completion
The whole of the Works, and each Section (if any), shall be completed and shall have
passed the Tests on Completion within the Time for Completion for the Works as given
in Section 1 of this document.
3.10.3 Extension of Time for Completion
If the contractor shall desire an extension of time for completion of works on
the ground of his having been unavoidably hindered in its execution or on any
other grounds, he shall apply in writing to the Employer within 10 days of the
date of the hindrance on account of which he desires such extensions. The
Contractor shall keep such contemporary records as may he necessary to
substantiate any application, either on the Site.
The Employer's Representative shall consult with the Contractor in an
endeavour to reach agreement. If agreement is not achieved, the Employer's
Representative shall determine the matter fairly, reasonably and in accordance
with the Contract to determine either prospectively or retrospectively such
extension of the Time for Completion as may be due. The Employer's
Representative shall notify the Contractor accordingly. When determining such
41
extension of time, the Employer's Representative shall review his previous
determinations and may revise, but shall not decrease, the total extension of
time.
The Contractor may apply for an extension of the Time for Completion before or
after the Time for Completion on any of the following causes:
i. a force majeure event
ii. a cause of delay giving an entitlement to extension of time under a Sub-Clause
of these Conditions, unless the Contractor has not complied with such
Sub-Clause,
iii. physical conditions or circumstances on the Site, which are exceptionally
adverse and were not (by the Base Date) foreseeable by an experienced
contractor, or
iv. any delay, impediment or prevention by the Employer.
3.10.4 Delays Caused by Authorities
If the following conditions apply, namely:
i. The Contractor has diligently followed the procedures laid down by the relevant
legally constituted public authorities in the Country,
ii. Such authorities delay, impede or prevent the Contractor, and
iii. The resulting delay to the Works was not (by the Base Date) foreseeable by an
experienced contractor,
Then such delay will be considered as a cause of delay giving an entitlement to
extension of time under Sub-Clause 3.10.3.
3.10.5 Rate of Progress
If, at any time, the Contractor's actual progress falls behind the programme or it
becomes apparent that it will so fall behind, the Contractor shall submit to the
Employer's Representative a revised programme taking into account the prevailing
circumstances. The Contractor shall, at the same time, notify the Employer's
Representative of the steps being taken to expedite progress, so as to achieve
completion within the Time for Completion.
If any steps taken by the Contractor in meeting his obligations under this Sub-Clause
cause the Employer to incur additional costs, such costs shall be recoverable from the
42
Contractor by the Employer, and may be deducted by the Employer from any monies
due, or to become due, to the Contractor.
3.10.6 Liquidated Damages for Delay or failure to comply with O & M Standards
If the Contractor fails to comply with the time of completion agreed to or does not
meet O & M Standards, as the case may be, the Contractor shall pay to the Employer
the relevant sum as liquidated damages for such default as per the provisions given
below
That in case the Contractor fails to achieve the prescribed out let parameters (As
per DNIT or prevailing Pollution control Board Norms) he shall pay liquidated
damages for the quantity which has not met the desired results @ quoted price per
m3 + 20% of quoted Rs./ m3. In case the defect is not rectified within 48 hours, and
a penalty of Rs. 5,000/- per day of delay shall be recovered from monthly bills in
addition.
The Employer may, without prejudice to any other method of recovery, deduct the
amount of such damages from any monies due, or to become due, to the
Contractor. In the event of an extension of time being granted the amount due
under this Sub-Clause shall be recalculated accordingly. The payment or deduction
of such damages shall not relieve the Contractor from his obligation to complete
the Works, or from any other of his duties, obligations or responsibilities under the
Contract.
At any time after the Employer has become entitled to liquidated damages, the
Employer's Representative may give notice to the Contractor requiring the
Contractor to complete works within a specified reasonable time for completion or
to comply with the prescribed O & M Standards within 48 hours. Such action shall
not prejudice the Employer's entitlements to payment under this Sub-Clause and to
terminate under the provisions of this tender
3.10.7 Suspension of Work
The Employer's Representative may at any time instruct the Contractor to suspend
progress of part or all of the Works. During suspension, the Contractor shall protect,
store and secure such part or the Works against any deterioration, loss or damage.
43
3.10.8 Consequences of Suspension
If the Contractor suffers delay and/or incurs Cost in following the Employer's
Representative's instructions under Sub-Clause 3.10.7, and in resumption of the work,
and if such delay and/or Cost was not (by the Base Date) foreseeable by an
experienced contractor, the Contractor shall give notice to the Employer's
Representative, with a copy to the Employer. After receipt of such notice the
Employer's Representative shall proceed in accordance with Sub-Clause3.3.3 to agree
or determine any extension of time to which the Contractor is entitled under
Sub-Clause 3.10.3, and shall notify the Contractor accordingly. Except that the
Contractor shall not be entitled to such extension and payment of Cost if the
suspension is due to a cause attributable to the Contractor, or is necessitated by a
Contractor's risk as defined in Sub-Clause3.19.5.
The Contractor shall not be entitled to extension of time for making good any
deterioration, defect or loss caused by faulty design, workmanship or materials, or by
the Contractor's failure to take the measures specified in Sub-Clause 3.10.7.
3.10.9 Payment for Plant and Materials in Event of Suspension
The Contractor shall be entitled to payment for Plant and/or Materials which have
been delivered to Site, if the work on Plant or delivery of Plant and/or Materials has
been suspended for more than 28 days. This entitlement shall be for payment of the
value of such Plant and/or Materials as at the date of suspension, if:
(a) the Contractor has marked the Plant and/or Materials as the Employer's property
in accordance with the Employer's Representative's instructions, and
(b) the suspension is not due to a cause attributable to the Contractor.
The Employer shall then, if requested by the Contractor, take over the
responsibility for protection, storage, security and insurance of such suspended
Plant and/or Materials; the risk of loss or damage to the suspended works shall
then pass to the Employer.
3.10.10 Prolonged Suspension
If suspension under Sub-Clause 3.8.7 has continued for more than 84 days, and the
suspension is not due to a cause attributable to the Contractor, the Contractor may by
notice to the Employer's Representative require permission to proceed within 28 days.
If permission is not granted within that time, the Contractor may treat the suspension
44
as an omission of the Works. If such suspension affects the whole of the Works, the
Contractor may terminate his employment, under Sub-Clause3.16.2.
3.10.11 Resumption of Work
After receipt of permission or of an instruction to proceed, the Contractor shall, after
notice to the Employer's Representative, and together with the Employer's
Representative, examine the Works and the Plant and Materials affected by the
suspension. The Contractor shall make good any deterioration or defect in or loss of the
Works or Plant or Materials, which has occurred during the suspension.
If the Employer has taken over risk and responsibility for the suspended Works under
Sub-Clause 3.8.9, risk and responsibility shall revert to the Contractor 14 days after
receipt of the permission or instruction to proceed.
3.11 OPERATION & MAINTENANCE OF THE PLANT
3.11.1 Employer's Obligations
The CETP will be handed over to the agency in running condition having electric
connection & DG set along with all machine equipment in running shape for
O&M of CETP i/c fully established testing Lab. The Contractor shall provide
labour, materials, chemicals, water to carry out the operation and maintenace
of the plant in accordance with the manuals provided by the Contractor under
Clause 3.5 and such guidance as the Employer may give during the course of
such Tests.
3.12 DEFECTS LIABILITY
3.12.1 Completion of Outstanding Work and Remedying Defects
In order that the CETP shall be in the condition required by the Contract (fair wear and
tear expected) at, or as soon as practicable after, the expiry of the Contact Period, the
Contractor shall
(a) complete any work which is outstanding on the date stated in a Taking-Over
Certificate, as soon as practicable after such date, and
(b) execute all work of amendment, reconstruction, and remedying defects or damage,
as may be instructed by the Employer or the Employer's Representative during the
Contract Period.
If any such defect appears or damage occurs, the Employer or the Employer's
Representative shall promptly notify the Contractor in writing.
45
3.12.2 Cost of Remedying Defects
All work referred to in Sub-Clause 3.12.1 (b) shall be executed by the Contractor at his
own cost, if the necessity for such work is due to
(a) the improper maintenance of the plant.
(b) plant, Materials or workmanship not being in accordance with the Contract, or
(c) failure by the Contractor to comply with any of his other obligations.
3.12.3 Failure to Remedy Defects
If the Contractor fails to remedy any defect or damage within a reasonable time, the
Employer or the Employer's Representative may fix a date on or by which to remedy the
defect or damage, and give the Contractor reasonable notice of such date.
If the Contractor fails to remedy the defect or damage by such date and the necessity
for such work is due to a cause stated in Sub-Clause 3.12.2(a), (b), or (c), the Employer
may (at his sole discretion):
(a) carry out the work himself or by others, in a reasonable manner and at the
Contractors risk and cost, but the Contractor shall have no responsibility for
such work: the costs properly incurred by the Employer in remedying the
defect or damage shall be recoverable from. the Contractor by the Employer;
(b) require the Employer's Representative to determine and certify a reasonable
reduction in the Contract Price; or
(c) if the defect or damage is such that the Employer has been deprived of
substantially the whole of the benefit of the Works or parts of the Works,
terminate the Contract in respect of such parts of the Works as cannot be put to
the intended use: the Employer shall then be entitled to recover all sums paid
for such parts of the Works together with the cost of dismantling the same,
clearing the Site and returning Plant and Materials to the Contractor, and
Sub-Clause 3.14.1 shall not apply.
3.12.4 Removal of Defective Work
If the defect or damage is such that it cannot be remedied expeditiously on the Site,
the Contractor may, with the consent of the Employer's Representative or the
Employer, remove from the Site for the purposes of repair any part of the Works which
is defective or damaged.
46
3.12.5 Further Tests
If the remedying of any defect or damage is such that it may affect the performance of
the Works, the Employer may require that tests on Completion or Tests after
Completion, or both, be repeated to- the extent necessary. The requirement shall be
made by notice within 28 days after the defect or damage is remedied.
3.12.6 Right of Access
Until the Performance Certificate has been issued, the Contractor shall have the right
of access to all parts of the Works and to records of the working and performance of
Works, except as may be inconsistent with any reasonable security restrictions by the
organization responsible for operating the Works.
3.12.7 Contractor to Search
The Contractor shall, if required by the Employer's Representative, search for the
cause of any defect, under the direction of the Employer's Representative. Unless the
defect is one for which the Contractor is liable, the Cost of such search, plus
reasonable profit, shall be added to the Contract Price.
3.12.8 Performance Certificate
The Contract shall not be considered to be completed until the Performance
Certificate has been signed by the Employer's Representative and delivered to the
Contractor, stating the date on which the Contractor completed his obligations to the
Employer's Representative's satisfaction.
The Performance Certificate shall be given by the Employer's Representative within 14
days after the Contractor has provided all the Construction documents and completed
and tests and remedied the defects. If any.
Only the Performance Certificate shall be deemed to constitute approval of the Works.
3.12.9 Unfulfilled Obligations
After the Performance Certificate has been issued, the Contractor and the Employer
shall remain liable for the fulfillment of any obligation which remains unperformed at
that time. For the purposes of determining the nature and extent of any such
obligation, the Contract shall be deemed to remain in force.
47
3.13 CONTRACT PRICE AND PAYMENT
3.13.1 The Contract Price
(a) payment for the Works shall be made on following basis;
(b) the Contract Price shall be adjusted for changes in the cost of labour, materials
or other matters as described in clauses 2.18
(c) the Contractor shall pay all the duties and taxes in consequence of his
obligations under the Contract, and the Contract Price shall not be adjusted for
such costs.
3.13.2 Advance Payments
The Employer shall not provide any advance for the works.
3.13.3 Application for Interim Payment Certificates (Running Bills)
The Contractor shall submit a statement in six copies to the Employer's Representative
after the end of each month, in a form approved by Employer's Representative,
showing the amounts to which the Contractor considers himself to be entitled together
with supporting documents which shall include the detailed report on the progress
during the month in accordance with Sub-Clause 3.4.14. The statement shall include
the following items, as applicable in the sequence listed:
(a) the estimated contract value of the Construction Documents produced and the
Works executes: up to the end of the month , excluding items described in
sub-paragraphs (b) to (f) below) ;
(b) Price adjustment as described in clause 2.18.
(c) any amount to be deducted for retention, calculated by applying the percentage of
retention stated in the Section 1 of the Tender document., to the total of the
above amounts, until the amount so retained by the Employer reaches the limit of
Security Deposit.
(d) any other additions or deductions which may have become due in accordance with
the Contract (including those under Arbitration clause), other than under liquidated
damages sub-clause; and
(e) the deduction of the amounts certified in all previous Interim Payment Certificates.
(f) All statutory deductions eg. TDS, Sales Tax, labour cess and other applicable taxes.
3.13.4 Schedule of Payments
(a) Shall be as described in Section 2 of this Document
48
3.13.5 Issue of Interim Payment Certificates
An Interim Payment Certificate shall not be withheld on account of part (only) of the
payment applied for being disputed: in such case, a payment certificate shall be issued
for the undisputed amount.
The Employer's Representative may in any payment certificate make any correction or
modification that should purportedly be made to any previous certificate.
3.13.6 Payment
(a) The Employer shall pay the amount certified in each Interim Payment Certificate
within 30 days from the date of which the Employer's Representative received the
Contractor's statement and supporting documents; and
(b) The Employer shall pay the amount certified in the Final Payment Certificate
within 90 days from the date of issue of the Certificate.
Payments shall be made into a bank account, nominated by the Contractor, in the
payment country named as such in the Contract. If payments are to be made in more
than one currency, separate bank accounts may be nominated by the Contractor for
each currency, and payments shall be made by the Employer accordingly.
3.13.7 Application for Final Payment Certificate
After the satisfactory completion of 36 months O&M period, the Contractor shall submit
to the Employer's Representative six copies of a draft final statement with supporting
documents showing in detail, in a form approved by the Employer's Representative:
3.13.8 Payment of intermediate certificate to be regarded as advance
No Payment shall be made for operation & maintenance cost less then rupees ten
thousand, till after the whole of works shall have been completed and a certificate of
completion given. But in the case of works estimated to cost more than rupees ten
thousand the contractor shall on submitting the bill thereof be entitled to receive a
monthly payment proportionate to the part thereof then approved and passed by the
Employer as per the provisions of clause 2.16 of Section –2.
The final bill shall be submitted by the contractor within one month of the date fixed
for completion of the work otherwise the Employers Representative’s certificate of the
measurements and of the total amount payable for the work accordingly shall be final
and binding on all parties.
49
3.13.9 Cessation of Employer's Liability
The Employer shall not be liable to the Contractor for any matter or thing arising out of
(or in connection with) the Contract or execution of the Works, unless the Contractor
shall have included a claim for it in his Final Statement and (expect for matters or
things arising after the issue of the Taking-Over Certificate for the Works) in the
statement at completion.
3.14 VARIATIONS
3.14.1 Variations may be initiated by the Employer's Representative at any time during the
Contract Period, either by instruction or by a request to the Contractor to submit a
proposal.
The Contractor shall not make any alteration and/or modification of the Works, unless
and until the Employer's Representative instructs or approves a Variation. If the
Construction Documents or Works are not in accordance with the Contract, the
rectification shall not constitute a Variation.
3.14.2 Value Engineering
The Contractor may, at any time, submit to the Employer's Representative a written
proposal which in the Contractor's opinion will reduce the cost of constructing,
maintaining or operating the Works, or improve the efficiency or value to the Employer
of the completed Works, or otherwise be of benefit to the Employer. Any such proposal
shall be prepared at the cost of the Contractor and shall include the items listed in
Sub-Clause3. 14.3.
3.14.3 Variation Procedure
If the Employers Representative requests a proposal, prior to instructing a Variation,
the Contractor shall submit as soon as practicable:
(a) a description of the proposed design and/or work to be performed and a
program for its execution,
(b) the Contractor's proposal for any necessary modifications to the programme
according to Sub-Clause 3. 4.14, and
(c) the Contractor's proposal for adjustment to the Contract Price, Time for
Completion and/or modifications to the Contract.
50
The Employer's Representative shall, as soon as practicable after receipt of such
proposals, respond with approval, rejection or comments.
If the Employer's Representative instructs or approves a Variation, he shall proceed in
accordance with Sub-Clause 3.3.3 to agree or determine adjustments to the Contract
Price, Time for Completion and Schedule of Payments. Adjustment of the Contract
Price shall include reasonable profit, and shall take account of the Contractor's
submissions under Sub-Clause 3.14.2 if applicable.
3.14.4 Provisional Sums
Each Provisional Sum, if provided shall only be used, in whole or in part in accordance
with the Employer's Representative's instructions. The total sum paid to the Contractor
shall include only such amounts for the work, supplies or services to which such
Provisional Sums relate as the Employer's Representative shall have instructed. For
each Provisional Sum, the Employer's Representative may order:
(a) work to be executed (including Plant, Materials or services to be supplied) by the
Contractor and valued under Sub-Clause 3.14.3.
(b) plant, materials or services to be purchased by the Contractor, for which
payment will be made as follows:
i. the actual price paid (or due to be paid) by the Contractor, and
ii. a percentage of the actual price paid (or due to be paid), as stated in the
Appendix to Tender, to cover all other Costs, charges and profit,
The Contractor shall, when required by the Employer's Representative, produce
quotations, invoices, vouchers and accounts or receipts in substantiation.
3.15 DEFAULT OF CONTRACTOR
3.15.1 Notice to Correct
If the Contractor fails to carry out any of his obligations, or if the Contractor is not
executing the Works in accordance with the Contract, the Employer's Representative
may give notice to the Contractor requiring him to make good such failure and remedy
the same within a specified reasonable time.
3.15.2 Termination
If the Contractor:
(a) fails to comply with a notice under Sub-Clause 3.14.1,
(b) abandons or repudiates the Contract,
51
(c) without reasonable excuse fails:
i. to commence the Works in accordance with Sub-Clause 3.10.1,
ii. to proceed with the Works in accordance with Clause 3.10, or
iii. to demonstrate that sufficient design capability is employed in the design of the
Works to achieve the required quality and/or completion within the Time for
completion,
(d) becomes bankrupt or insolvent, goes into liquidation, has a receiving or
administration order made against him, compounds with his creditors, or carries
on business under a receiver, Trustee or manager for the benefit of his creditors,
or if any act is done or event occurs which (under any applicable law) has a similar
effect to any of these acts or events,
(e) fails to comply with a notice issued under Sub-Clause 3.9.5 within 30 days after
having received it, or
(f) assigns the Contract or subcontracts the Works without the required consent,
(g) in the judgment of the Employer has engaged in corrupt and fraudulent practices
in competing or in executing the contract,
then the Employer may, after having given 14 days' notice to the Contractor, terminate
the Contractor's employment under the Contract and, expel him from the Site. The
Contractor shall then deliver all Construction Documents, and other design documents
made by or for him, to the Employer's Representative. The Contractor shall not be
released from any of his obligations or liabilities under the Contract. The rights and
authorities conferred on the Employer and the Employer's Representative by the
Contract shall not be affected.
The Employer may upon such termination complete the Works himself and/or by any
other contractor. The Employer or such other contractor may use for such completion
so much of the Construction documents, other design documents made by or on behalf
of the Contractor, Contractor's Equipment, Temporary Works, Plant and Materials as he
or they may think proper. Upon completion of the Works, or at such earlier date as the
Employer's Representative thinks appropriate, the Employer's Representative shall give
notice that the Contractor's Equipment and Temporary Works will be released to the
Contractor at or near the Site. The Contractor shall remove or arrange remove! of the
same from such place without delay and at his cost.
52
3.15.3 Valuation at Date of Termination
The Employer's Representative shall, as soon as possible after termination under
Sub-Clause 3.15.2, determine and advise the Contractor of the value of the
Construction Documents, Plant, Materials, Contractors Equipment and Works and all
sums then due to the Contractor as at the date of termination.
3.15.4 Payment after Termination
After termination under Sub-Clause 3.15.2, the Employer shall not be liable to make
any further payments to the Contractor until the cost of design, execution, completion
and remedying of any defects, damages for delay in completion (if any), and all other
costs incurred by the Employer, have been established.
The Employer shall be entitled to recover from the Contractor the extra costs, if any,
of completing the Works after allowing for any sum due to the Contractor under
Sub-Clause 3.15.3. If there are no such extra costs, the Employer shall pay any balance
to the Contractor.
3.15.5 Bribes
If the Contractor, or any of his Subcontractors, agents or servants gives or offers to
give to any person any bribe, gift, gratuity or commission as an inducement or reward:
(a) For doing or forbearing to do any action in relation to the Contract or any other
contract with the Employer, or
(b) For showing or forbearing to show favour or disfavour to any person in relation to
the Contract or to any other contract with the Employer,
then the Employer may, after having given 14 day's notice to the Contractor,
terminate the Contractor's employment under the Contract and expel him from the
Site, and the provisions of this Clause shall apply as if such termination and expulsion
had been made under Sub-Clause 3.15.2.
3.16 DEFAULT OF EMPLOYER
3.16.1 Contractor's Entitlement to Suspend Work
If the Employer fails to pay the Contractor the amount due under any certificate of the
Employer's Representative, and fails to explain why the Contractor is not entitled to
53
such amount, within 21 days after the expiry of the time stated in Sub-Clause 3.13.6
within which payment is to be made, except for any deduction that the Employer is
entitled to make under the Contract, the Contractor may suspend work or reduce the
rate of work after giving not less than 7 days' prior notice to the Employer (with a copy
to the Employer's Representative).
3.16.2 Termination
If the Employer:
(a) Fails to pay the Contractor the amount due under any certificate of the
Employer's Representative within 42 days after the expiry of the time stated in
Sub-Clause 3.13.6 within which payment is to be made (except for any
deduction that the Employer is entitled to make under the Contract).
(b) Becomes bankrupt or insolvent, goes into liquidation. has a receiving or
administration order made against him, compounds with his creditors, or carries
on business under a receiver, trustee or manager for the benefit of his
creditors, or if any act is done or event occurs which (under any applicable law)
has a similar effect to any of these acts or events,
(c) Consistently fails to meet the Employer's obligations under the Contract or
(d) Assigns the Contract without the Contractor's consent, or
(e) If a prolonged suspension affects the whole of the Works as described in Sub-
Clause 3. 8.10, then the Contractor may terminate his employment under the
Contract by giving notice to the Employer, with a copy to the Employer's
Representative. Such notice shall take effect 14 days after giving of the notice.
3.16.3 Cessation of Work and Removal of Contractor's Equipment
After termination under Sub-Clause 3.2.4 or Sub-Clause 3. 16.2, the Contractor shall:
(a) cease all further work, except .or such work as may be necessary and instructed by
the Employer's Representative for the purpose of making safe or protecting those
parts of the Works already executed, and any work required to leave the Site in a
clean and safe condition,
(b) hand over all Construction Documents, Plant and materials for which the Contractor
has received payment,
(c) hand over those other parts of the Works executed by the Contractor up to the date
of termination, and
54
(d) remove all Contractor's Equipment which is on the Site and repatriate all his staff
and labour from the Site.
Any such termination shall be without prejudice to any other right of the Contractor under the
Contract.
3.16.4 Payment on Termination
After termination under Sub-Clause3.16.2, the Employer shall return the performance
security, and shall pay the Contractor an amount calculated and certified in accordance
with Sub-Clause 3.19.6 plus the amount of any loss or damage, including loss of profit,
which the Contractor may have suffered in consequence of termination.
3.17 RISK AND RESPONSIBILITIES
3.17.1 Indemnity
The Contractor shall indemnify and hold harmless the Employer, the Employer's
Representative, their contractors, agents and employees from and again all claims,
damages, losses and expenses arising out of or resulting from the Works, including
professional services provided by the Contractor.
These indemnification obligations shall be limited to claims, damages, losses and
expenses which are attributable to bodily injury, sickness, disease or death, or to injury
to or destruction of physical property (other than the Works), including consequential
loss of use. Such obligations shall also be limited to the extent that such claims,
damages, losses or expenses are caused in whole or in part by a breach of a duty of
care, imposed by law on the Contractor or anyone directly or indirectly employed by
the Contractor.
3.17.2 Contractor's Care of the Works
The Contractor shall take full responsibility for the care of the Works from the
Commencement Date until the date of issue of the Taking-Over Certificate, when
responsibility shall pass to the Employer. If the Employer's Representative issues a
Taking-Over Certificate for any Section or part of the Works, the Contractor shall cease
to be responsible for the care of that Section or part from the date of issue of such
Taking-Over Certificate, when responsibility shall pass to the Employer.
The Contractor shall take responsibility for the care of any outstanding work which is
required to be completed prior to the expiry of the Contract Period, until the
Employer's Representative confirms in writing that such outstanding work has been
completed.
55
If any loss or damage happens to the Works, arising from any cause other than the
Employer's risks listed in Sub Clause 3.17.3 during the period for which the Contractor
is responsible the Contractor shall rectify such loss or damage, at his cost, so that the
Works conform to the Contract. The Contractor shall also be liable for any loss or
damage to the Works caused by any operations carried out by the Contractor after the
date of issue of the Taking - Over Certificate.
3.17.3 Employer's Risks
The Employer's risks are:
(a) war, hostilities (whether war be declared or not), invasion, act of foreign enemies,
(b) rebellion, revolution, insurrection, or military or usurped power, or civil war,
(c) Ionising radiation, or contamination by radio-activity from any nuclear fuel, or from
any nuclear waste from the combustion of nuclear fuel, radio-active toxic explosive,
or other hazardous properties of any explosive nuclear assembly or nuclear
component of such assembly,
(d) pressure waves caused by aircraft or other aerial devices traveling at sonic or
supersonic speeds,
(e) riot, commotion or disorder, unless solely restricted to employees of the Contractor
or of his Subcontractors and arising from the conduct of the Works,
(f) loss or damage due to the use or occupation by the Employer of any Section or part
of the Works, except as may be provided for in the Contract, and
(g) any operation of the forces of nature against which an experienced contractor could
not reasonably have been expected to take precautions.
3.17.4 Consequences of Employer's Risks
The Contractor shall give notice, to the Employer's representative, of an Employer's risk
upon it being foreseen by, or becoming known to, the Contractor. If an Employer's risk
results in loss or damage, the Contractor shall rectify such loss or damage to the extent
required by the Employer's Representative. If the Contractor suffers delay and/or incurs
Cost as a result of an Employer's risk, the Contractor shall give further notice to the
Employer's Representative. After receipt of such further notice the Employer's
Representative shall proceed in accordance with Sub-Clause 3..3.3 to agree or
determine:
(a) any extension of time to which the Contractor is entitled under Sub-Clause3. 8.3,
and
56
(b) the amount of such Cost, which shall be added to the Contract Price, and shall
notify the Contractor accordingly.
3.17.5 Contractor's Risks
The Contractor's risks are all risks other than the Employer's risks listed in Sub-Clause
3.17.3.
3.17.6 Limitation of Liability
The Contractor shall in no event be liable to the Employer, by way of indemnity or by
reason of any breach of the Contact or in tort or otherwise, for loss of use of any part
(or all) of the Works or for loss of production, loss of profit or loss of any contract or for
any indirect special or consequential loss or damage which may be suffered by the
Employer in connection with the Contract. The total liability of the Contractor to the
Employer under the Contract shall not exceed the Contract Price. Except that this Sub
Clause shall not limit the liability of the Contractor:
(a) under Sub Clauses 3.4.9, 3.4.19, 3.4.20, ,3.8.6 and 3.12.4,
(b) under any other provisions of the Contract which expressly impose a greater
liability,
(c) in cases of fraud, willful misconduct or illegal or unlawful acts, or
(d) in cases of acts or omissions of the Contractor which are contrary to the most
elementary rules of diligence which a conscientious contractor would have followed
in similar circumstances.
3.18 INSURANCE
3.18.1 Insurance for Works and Contractor's Equipment
The Contractor shall insure the Construction Documents, Plants, Materials and Works in
the joint names of the Employer, the Contractor and Subcontractors, against all loss or
damage. This insurance shall cover loss or damage from any cause other than the
Employer's risks listed in Sub-Clause 3.17.3 sub-paragraphs (a), (b), (c) and (d) in so far
as such insurance is readily obtainable. Such insurance shall be for a limit of not less
than the full replacement cost (including profit) and shall also cover the costs of
demolition and removal of debris. Such insurance shall be in such a manner that the
Employer and the Contractor are covered from the date by which the evidence is to be
submitted under Sub-Clause 3.18.4(a), until the date of issue of the Taking-Over
Certificate for the Works. The Contractor shall extend such insurance to provide cover
57
until the date of issue of the Performance Certificate, for loss or damage for which the
Contractor is liable arising from a cause occurring prior to the issue of the Taking-Over
Certificate, and for the loss or damage occasioned by the Contractor or Subcontractors
in the course of any other operations (including those under Clauses 3.11 and 3.12).
3.18.2 Insurance against Injury to Persons and Damage to Property
The Contractor shall insure against liability to third parties, in the joint names of the
Employer, the Contractor and Subcontractors, for any loss, damage, death or bodily
injury which may occur to any physical property (except things insured under Sub-
Clause 3.18.1) or to any person (except' persons insured under Sub-Clause 3.18.3),
which may arise out of the performance of the Contract and occurring before the issue
of the Performance Certificate. Such insurance shall be for a limit of not less than the
amount specified in the Appendix to Tender.
3.18.3 Insurance for Workers
The Contractor shall effect and maintain insurance against losses and claims arising
from the death or injury to any person employed by the Contractor or any
Subcontractor, in such a manner that the Employer and the Employer's Representative
are indemnified under the policy of insurance. For a Subcontractor's employees, such
insurance may be effected by the Subcontractor, but the Contractor shall be
responsible for compliance with this Clause.
3.18.4 General Requirements for Insurances
Each insurance policy shall be consistent with the general terms agreed in writing prior
to the Effective Date, and such agreement shall take precedence over the provisions of
this Clause.
The Contractor shall, within the respective periods stated in the Tender (calculated
from the. Commencement Date), submit to the Employer:
(a) evidence that the insurances described in this Clause have been effected, and
(b) copies of the policies for the insurances described in Sub-Clauses 3.18.1 and 3.18.2.
When each premium has been paid, the Contractor shall submit copy receipts to the
Employer. The Contractor shall also, when providing such evidence, policies and
receipts to the Employer, notify the Employer's Representative of so doing.
The Contractor shall effect all insurances for which he is responsible with insurers and
in terms approved by the Employer. Each policy insuring against loss or damage shall
provide for payments to be made in the currencies required to rectify such loss or
58
damage. Payments received from the insurers shall be used for the rectification of such
loss or damage.
The Contractor (and, if appropriate, the Employer) shall comply with the conditions
stipulated in each of the insurance policies. The Contractor shall make no material
alteration to the term of any insurance without the prior approval of the Employer. If
an insurer makes (or purports to make) any such alteration, the Contractor shall notify
the Employer immediately.
If the Contractor fails to effect and keep in force any of the insurances required under
the Contract, or fails to provide satisfactory evidence, policies and receipts in
accordance with this Sub-Clause, the Employer may, without prejudice to any other
right or remedy, effect insurance for the coverage relevant to such default, and pay
the premiums due. Such payments shall be recoverable from the Contractor by the
Employer, and may be deducted by the Employer from any monies due, or to become
due, to the Contractor.
Nothing in this Clause limits the obligations, liabilities or responsibilities of the
Contractor or the Employer, under the other terms of the Contract or otherwise. Any
amounts not insured or not recovered from the insurers shall be borne by the
Contractor and/or the Employer accordingly.
3.19 FORCE MAJEURE
3.19.1 Definition of Force Majeure
In this Clause, "force majeure" means an event beyond the control of the Employer and
the Contractor, which makes it impossible or illegal for a party to perform, including
but not limited to:
(a) act of God;
(b) war, hostilities (whether war be declared or not), invasion, act of foreign enemies,
mobilization, requisition, or embargo;
(c) rebellion, revolution, insurrection, or military or usurped power, or civil war;
(d) contamination by radio-activity from any nuclear fuel, or from any nuclear waste
from the combustion of nuclear fuel, radio-active toxic explosive, or other
hazardous properties of any explosive nuclear assembly or nuclear component of
such assembly;
(e) riot, commotion or disorder, unless restricted to employees of the Contractor or of
his Subcontractors.
59
3.19.2 Effect of Force Majeure Event
Neither the Employer nor the Contractor shall be considered in default or contractual
breach to the extent that performance of obligations is prevented by force majeure
event which arises after the Effective Date.
3.19.3 Contractor's Responsibility
Upon occurrence of an event considered by the Contractor to constitute force majeure
and which may affect performance of his obligations, he shall promptly notify the
Employer's Representative, and shall endeavor to continue to perform hi obligations as
for as reasonably practicable. The Contractor shall also notify the Employer's
Representative of any proposals, including any reasonable alternative means for
performance, but shall not effect such proposals without the consent of the Employer'
Representative.
3.19.4 Employer's Responsibility
Upon occurrence of an event considered by the Employer to constitute force majeure
and which may affect performance of his obligations, he shall promptly notify the
Contractor and the Employer's Representative, and shall endeavor to continue to
perform his obligations as far as reasonably practicable. The Employer shall also notify
the Employer's Representative and the Contractor of any proposals, with the of
completing the Works and mitigating any increased costs to the Employer and the
Contractor.
3.19.5 Payment to Contractor
If, in consequence of force majeure, the Works shall suffer loss or damage, the
Contractor shall be entitled to have included, in an Interim -Payment Certificate, the
Cost of work executed in accordance with the Contract, prior to the event of force
majeure. If the Contractor incurs additional Cost in complying with Sub-Clause 3.19.3,
such Cost shall be determined by the Employer’s Representative in accordance with the
provisions of Sub-Clause 3. 3.3 and shall be added to the Contract Price.
3.19.6 Optional Termination, Payment and Release
Irrespective of any extension to time, if a force majeure event occurs and its effect
continues for a period of 182 days, either the Employer or the Contractor may give to
the other a notice of termination, which shall take effect 28 days after the giving of
60
the notice. If, at the end of the 28 day period, the effect of the force majeure
continues, the Contract shall terminate. If the Contract is terminated under this Sub-
Clause, Sub-Clause 3.2.4 or Sub-Clause 3.16.2, the Employer's Representative shall
determine the value of the work done and:
(a) the amounts payable for any work carried out for which a price is stated in the
Contract;
(b) the cost of Plant and Materials ordered for the Works which have been delivered to
the Contractor, or of which the Contractor is liable to accept delivery: such Plant
and Materials shall become the property of (and be at the risk of) the Employer
when paid for by the Employer, and the Contractor shall place the same at the
Employer's disposal;
(c) any other Cost or liability which in the circumstances was reasonably incurred by the
Contractor in the expectation of completing the Works;
(d) the reasonable Cost of removal of Temporary Works and Contractor's Equipment
from the Site and the return of such items to the Contractor's works
(e) the reasonable Cost of repatriation of the Contractor's staff and labor employed
wholly in connection with the Works at the date of such termination; and issue an
Interim Payment Certificate in accordance with Clause 3.13.5.
3.19.7 Release from Performance under the Law
If under the law of the Contract the Employer and the Contractor are released from
further performance, the sum payable by the Employer to the Contractor shall be the
same as would have been payable under Sub Clause 3.19.6 if the Contract had been
terminated under that Sub-Clause.
3.20 CLAIMS, DISPUTES AND ARBITRATION
3.20.1 Procedure for Claims
If the Contractor intends to claim any additional payment under any Clause of these
Conditions or otherwise, the Contractor shall give notice to the Employer's
Representative as soon as possible and in any event within 28 days of the start of the
event giving rise to the claim.
The Contractor shall keep such contemporary records as may be necessary to
substantiate any claim, either on the Site or at another location acceptable to the
Employer's Representative. Without admitting the Employer's liability, the Employer's
Representative shall, on receipt of such notice, inspect such records and may instruct
61
the Contractor to keep further contemporary records, The Contractor shall permit the
Employer's Representative to inspect all such records, and shall (if instructed) submit
copies to the Employer's Representative.
Within 28 days of such notice, or such other time as may be agreed by the Employer's
Representative, the Contractor shall send to the Employer's Representative an account,
giving detailed particulars of the amount and basis of the claim. Where the event
giving rise to the claim has a continuing effect, such account shall be considered as
interim. The Contractor shall then, at such intervals as the Employer's Representative
may reasonably require, send further interim accounts giving the accumulated amount
of the claim and any further particulars. Where interim accounts are sent to the
Employer's Representative, the Contractor shall send a final account within 28 days of
the end of the effects resulting from the event.
If the Contractor fails to comply with this Sub-Clause, he shall not be entitled to
additional payment.
3.20.2 Payment of Claims
The Contractor shall be entitled to have included in any Interim Payment Certificate
such amount for any claim as the Employer’s Representative considers due. If the
particulars supplied are insufficient to substantiate the whole of the claim, the
Contractor shall be entitled to payment for such part of the claim as has been
substantiated.
3.20.3 Dispute Review Expert
The Contractor will agree on one Expert in the field to act as Dispute Review Expert
out of panel of three Experts given by the Employer within 28 days of the Effective
Date.
3.20.4 Disputes
If the Contractor believes that a decision taken by the Employer’s Representative was
either outside the authority given to the Employer’s Representative by the Contract or
that the decision was wrongly taken, the decision shall be referred to the Dispute
Review Expert within 14 days of the notification of the Employer’s Representative’s
decision.
3.20.5 Dispute Redressal System 3.20.5.1 If any dispute or difference of any kind whatsoever arises in connection with or
62
arising out of this contract or the execution of Works or maintenance of the Works
there under, whether before its commencement or during the progress of Works
or after the termination, abandonment or breach of the contract, it shall, in the
first instance, be referred for settlement to the competent authority, described
alongwith their powers in the contract data. The competent authority shall, within
a period of forty-five days after being requested in writing by the Contractor to do
so, convey his decision to the contractor. Such decision in respect of every
matter so referred shall, subject to review as hereinafter provided, be final and
binding upon the Contractor. In case the Works is already in progress, the
Contractor shall proceed with the execution of works, including Maintenance
thereof, pending receipt of the decision of the competent authority as aforesaid
with all due diligence.
3.24.2 Either party will have the right of appeal, against the decision of the
competent authority to arbitrator within a period of 28 days from decision of
the competent authority. Either party may give notice to the other for
referring a decision of the competent authority to an Arbitrator within 28 days of
the Competent Authority’s written decision. If neither party refers the dispute
to arbitration within the next 28 days, the Competent Authority decision will be
final and binding.
3.20.5.3 The arbitration shall be conducted in accordance with the arbitration
procedure stated below:
a) Every party will have the right to appeal against of the order of competent
authority to the arbitration. The matter will be adjudicated by the sole arbitrator.
b) Managing Director, HSIIDC will appoint sole arbitrator within sixty days of receipt
of reference from either party.
c) It is also a term of this arbitration agreement that where the party invoking
arbitration is the contractor, no reference for arbitration shall be maintainable
unless the contractor furnishes to the satisfaction of the Employer, a security
deposit @ 10% of the amount claimed and this security deposit shall on the
termination of the arbitration proceedings be adjusted against the cost if
any, awarded by the arbitrator against the claimant party and balance
remaining after such adjustment in absence of any such cost being awarded the
whole of the sum will be refunded to him within one month of the date of the
award.
63
d) Arbitration proceedings shall be held in 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 sole arbitrator shall be final and binding upon both parties.
The cost and expenses of Arbitration proceedings will be paid as determined by
the sole arbitrator.
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.
64
SECTION – 4
EMPLOYERS REQUIREMENTS
4.0 PREAMBLE
Industrial Estate Barwala is an existing Industrial Area of Haryana State
Industrial and Infrastructure Development Corporation Located at National Highway
No-73, 23 Km. away from Panchkula. The major sources of Wastewater at this area are
generated from “Dairy Industries, Food Processing Industries, Textile (Dying & Printing)
Industries and Sanitary & Domestic Wastewater of other Industries”.
The ultimate quantity of raw effluent has been estimated as 4MLD. It is proposed to
operate & maintain the Common Effluent Treatment Plant (CETP) as per norms of
HSPCB / CPCB.
4.1 Scope of Work
The brief scope of work has been defined in para 2.5. The contractor is required to
operate & maintain the CETP for 36 months.
4.2 Scope of Work of Contractor
The tender is for turn-key job where the responsibility of the contractor will include
operation & maintenance during 36 months of the existing plan within the defined
limits of the contract as per details given herein after and will also include: -
a) Submission of all documents required according to the contract.
b) Submission of a guarantee that the treated water will correspond to the table
4.2
c) Operation, preventive maintenance and repairs of the plant during Operation
and Maintenance period of 36 months after taking over the plant.
d) Training of the operational staff for the plant.
e) The successful bidder shall obtain N. O. C. from Haryana State Pollution Control
Board for discharging treated Effluent water after achieving prescribed
parameters as mentioned above or for reuse & disposal of dried sludge during
the pendency of contract.
f) The successful bidder shall get HSIIDC registered with HEMS for disposal of solid
sludge as per directions of HSPCB & bear all expenses for registration & disposal
during O & M period for disposal of dried sludge during the pendency of
contract. .
65
4.3 Raw Effluent Characteristics:
Further, the contractor is to ensure that the effluent from different industrial
units, whose discharge is coming to CETP, shall not exceed the discharge of
effluent per day than already indicated by them to HSIIDC and consent of the
same taken from Haryana State Pollution Control Board and the effluent of
individual Industrial Unit shall not exceed the following parameters given in
Table 4-1. HSIIDC authorizes the Contractor to instruct the Industrial Units
accordingly to install flow-meters and putting up their ETPs so that discharge
from the Industrial Units is within the standards prescribed in Table 4.1. HSIIDC
further authorizes the contractor to inform about the defaulting Industrial Units
to Haryana Pollution Control Board to take penal action. If the default recurs on
the part of Industrial Unit, the Contractor shall recommend to HSIIDC to
disconnect the sewerage connection of the unit.
TABLE – 4.1
Sr. No. Parameter Values
1 pH 5.5-9.0
2 Total suspended Solids (TSS),Max. 600mg/l
3 Oil and grease,Max. 20mg/l
4 Chemical Oxygen Demand (COD) _______
5 Biochemical oxygen demand (BOD, 5-days,2O°C)
350mg/l
4.4 Treated effluent Characteristics After Secondary (biological) Treatment
Required characteristics after secondary (biological) treatment given below. The
following norms given in Table 4.2 for discharge/ reuse of treated waste water are
considered for disposal on Land after treatment as per parameters required for reuse/
fixed by Pollution Control Board for horticulture:
Table-4.2
S. No. Parameters Values
1 pH 6.5- 8.5
2 Total suspended Solids (TSS),Max Less than 100 mg/L
3 Oil and grease,Max Less than 10 mg/L
4 Chemical Oxygen Demand (COD) Less than 250 mg/L
5 Biochemical oxygen demand (BOD, 5-days,2O°C) Less than 30 mg/L
66
Note :
1. All efforts should be made to remove colour and unpleasant odour as far as practicable.
2. The industrial effluent, having different type of industries, may have colour due to dying process. Hence special care has to be taken for the same in CETP by using FeSO4 in place of Aluminum Alum.
4.5 Operation and Maintenance for a period of 36 months
The bidder is to operate and maintain the plant for a period of 36 months as per the terms detailed below.
Electricity and diesel shall be arranged by the contractor at its own cost.
Supervisory staff as well as mechanical and electrical technicians shall be
provided by the contractor and shall be present during all the shifts.
Operating staff shall be provided by the Contractor. Employer may also depute
its own technicians, and the Contractor shall provide them in-work training
during this period
All the chemicals and other consumables shall have to be provided by the
Contractor
Repairs as well as replacement of equipments and parts thereof shall be the
responsibility of the Contractor. All the spares used during this O&M period of
36 months shall be made good before handing over the plant.
In case waste water is not available in total quantity, the bidder shall
commission the plant and demonstrate its performance at proportionate
capacity as directed by the Employer.
During the start –up & operation period of the plant the bidder shall conduct
regular test on a daily / twice a week & weekly basis to ascertain the quality of
the raw effluent and treated waste water quality. The testing schedule shall be
drawn up in association with Employers Representative prior to start –up of the
plant.
For Operation & Maintenance Phase, Complete Laboratory set up, consumables
for testing of Influent & Effluent with respect to its characteristics and quantity
etc, O&M of Laboratory including manpower for testing would be within the
scope of the contractor.
The cost of loading solid sludge into the trucks, cost of transportation & disposal
of solid sludge that may be charged by Haryana Environment Management
Society (HEMS) or any other such organizations, shall be borne by the
contractor.
67
SECTION – 5
Operations and Maintenance
5.1 GENERAL Common Effluent Treatment Plant so constructed by the firms/contractor will be operated & maintained by him for a period of 3 years after the steady state conditions have been achieved along with defect liability. While activities involved in the plant operation & maintenance are given in subsequent paragraphs, it would be the bounden duty of the contractor maintaining the plant to keep the grassy lawns & flower beds in the plant area in tip top condition & general upkeep of the balance area. The main task shall be: a) During operation & maintenance, the contractor is to ensure that the effluent from
different industrial units, whose discharge is coming to CETP, shall not exceed the discharge of effluent per day than already indicated by them to HSIIDC and consent of the same taken from Haryana State Pollution Control Board and the effluent of individual Industrial Unit shall not exceed the following parameters given in Table-4.1. HSIIDC authorizes the Contractor to instruct the Industrial Units accordingly to install flow-meters and putting up their ETPs so that discharge from the Industrial Units is within the standards prescribed in Table-4.1. HSIIDC further authorizes the contractor to inform about the defaulting Industrial Units to Haryana State Pollution Control Board to take penal action. If the default re-occurs on the part of Industrial Unit, the Contractor shall recommend to HSIIDC to disconnect the sewerage connection of the unit.
b) Operating the plant with the design capacity maintaining the output quality.
c) Keeping the down time of any equipment as low as possible but at least below the desired level.
d) Maintaining all the plant, equipment and tools and making necessary repairs.
e) Technical and administrative monitoring of the plant.
f) The laboratory for maintaining the overall performance of the plant & those of any individual units shall also be maintained & staffed by the contractor. He will be responsible for daily monitoring of the plant in particular & any other unit in general.
g) General tests such as BOD, COD, suspended solids & coliform count etc. both for influent & effluent will have to be monitored on daily basis while any other test such as VSS, TSS, MLSS, ML VSS etc. may also be required to be done routinely. Contractor will be responsible for manpower, chemical consumption & replacement of any broken glass ware.
h) Bona fide electricity/ diesel charges as per the meter reading of the plant, street lighting, plant lighting & laboratory consumption will be paid by the agency. Use of electricity by the contractor’s staff for any purpose other than that elaborated above
68
prohibited & detection of any such case will attract a penalty at the rate of Rs. 5,000.00 (Rupees Five Thousand Only) per day from the contractor. 5.2 Introduction
Maintenance comprises those operations which are well planned systematic program of maintaining the machinery by taking appropriate steps to prevent breakdown well in advance before it causes major damage. This prevents wastage of time, production loss and prolongs the life of machine. This maintains better efficiency in the system and economizes the running cost of the plant. It can be classified as (a) preventive maintenance which constitutes works and precautions to be taken to prevent breakdown and (b) corrective maintenance which involves carrying out repairs after breakdown. Preventive maintenance is more economical than corrective maintenance and provides uninterrupted service which is essential to achieve the basic objectives of treatment, viz protection of health of the community and prevention of nuisance. The primary aim of CETP operation is the running and maintenance of the plant efficiently and economically so that the effluent from the plant meets the prescribed standards in terms of BOD/COD/SS/pH etc. laid down while discharging the effluent safely in public sewer, on land, in the water body or for recycling. The basic requirements of successful operation and maintenance of CETP are:
A through knowledge of plant and machinery and equipments provided in the treatment plant and their functions.
A through knowledge of the processes
Proper and adequate tools
Adequate stock of spare parts and chemicals
Assignment of specific maintenance responsibilities to operating staff
Systematic and periodic inspection and strict adherence to servicing schedules
Training of all operating staff in proper operating procedures and maintenance practices
Overall supervision of operation and maintenance schedules
Good house keeping
Proper logging of all operation/maintenance activities
Observation of safety precautions & procedures
Provision for water supply for drinking and other uses.
The various units of the plant are designed for maximum efficiency within a certain flow range and input effluent quality. Close control and co-ordination of operation of different units are therefore, required within the limits of design so as to achieve maximum efficiency. Hence, accurate measurements of flow of raw effluent, air reticulated sludge/effluent. Sludge and final effluent are required. For this purpose flow measuring devices and meters are provided to guide the operator in his supervision and obtain data for progressive improvement. For quality control, analysis of raw effluent, sludge, digested sludge, gas composition and volume etc., as they pass through different units of the treatment plant and of the effluent should be carried out on a regular basis. Proper recording of data is essential for an accurate assessment of deficiency of operation. On the chemical side, dosages must be closely and accurately proportioned to the varying rates of flow of influent and sludge based on analysis.
69
Better plant operation is possible only when the operating maintenance and laboratory staff are fully conversant with the characteristics and composition of raw effluent handled and the results achieved during each state or unit of the treatment process. Operation and preventive maintenance of several treatment units and the frequency of cleaning, lubrication of mechanical equipments etc., are to be strictly adhered to if optimum results are to be expected. 5.3 Operation & Maintenance Services The operation, maintenance and repair service shall be made according to the following specification. a) Maximum down time The plant shall never be operated at less than 50% of its design capacity due to maintenance and repair reasons. The period of 50% operation shall not exceed more than two consecutive days and not more than three days in a week. The maximum downtime to the whole plant shall not exceed more than 8 continuous hours. The periods for repairs and maintenance have to be communicated to HSIIDC at least one month in advance. b) Operation of the plant The plant shall be operated according to the rules and procedures laid down in the operation manual, as required, according to the required raw effluent characteristics of the CETP. The plant must be in a position to work at the design and overload capacity at any time and to produce the design / overload output. c) Carefulness and cleaning The contractor and his staff have to ensure a maximum of carefulness in the operation and maintenance of the plant. At any time, the plant, its equipment and its surroundings have to be kept clean and proper. d) Preventive maintenance frequency The preventive maintenance will be made according to the preventive maintenance schedule of the plant. Short term specialists of the contractor for special maintenance tasks may reinforce the regular staff. The operation, maintenance and repair shall be made with the help of the equipment and tools available at the plant, backed up and completed with the facilities of the contractor at his HQs or brought to the plant by him temporarily for a special maintenance. e) Repairs Repairs shall be made as and when needed on the spot or at the contractor’s workshop has to be defined in co-ordination with the HSIIDC and according to the status of the spare parts availability. f) Spare parts The contractor has to keep reasonable stock of spare parts so that the down time of equipment can be kept in the limits. The content of the stock has to be approved by HSIIDC.
70
g) Transportation All necessary transports shall be arranged and made by the contractor at his own costs. 5.4 Treatment Units 5.4.1 Screens Manually cleaned screens should be cleaned as often as required to prevent screen clogging and built up of waste water . Mechanical screens should be kept properly lubricated as per instructions of the manufacturers. The entire mechanism should be thoroughly cleaned and painted with two coats of appropriate anticorrosive paint at least once in a year. Slack in chains should be promptly rectified. Periodic inspection of mechanical and automatic screens is essential to ensure that the equipment is functioning properly. Screen chambers should be cleaned with hose, at least once a day and the walls should be scrubbed at least once a week. It should be ensured that the side guide channels are properly positioned and secured in their original position. Prompt and hygienic disposal of screenings is necessary. Mechanical screens may discharge screenings into wheel barrows on containers. Screenings should be disposed off along with rest of the sludge in accordance with the hazardous waste rules. Daily record of operations should be maintained to show frequency of cleaning, volume of wet screenings removed and power consumption for mechanically operated screens. Besides, record should also be made of time settings between strokes for mechanically operated screens. 5.4.2 Grit Chamber The frequency of grit removal should be adjusted such that the storage space is not more than about half-full at any time. Inspection of mechanically cleaned grit chambers consists of checking of washed grit, lubrication of mechanical equipments as per manufacturer’s schedule and routine inspection. Grit should be disposed off safely along with screenings and other sludges in accordance with applicable rules. The record of operation should show the dates of cleaning, amount of grit removed and flow through the chamber between cleanings. 5.4.3 Grease & Oil chamber The frequency of removal of grease and oil should be adjusted in such a way that it does not affect the efficiency of plant. Inspection of grease and oil chamber shall be made regularly and the record of operation should show the date of cleaning amount of grease and oil removed.
71
5.4.4 Sedimentation tanks
5.4.4.1 Sludge
Sludge removal should be sufficiently frequent to avoid development of septic conditions.
Sludge is removed continuously in some plants and 2 to 4 time a day in others.
Sludge from the primary sedimentation tanks is drawn from the sludge sump by means of a
pump discharging into digesters; sludge from secondary settling tanks is pumped partially to
aeration tanks and partially to primary sedimentation tanks. While drawing the sludge, the
operator should take samples and adjust the pumping capacity according to quantities
required for feeding the digester or returned to aeration or primary sedimentation tanks.
Excessive sludge pumping and withdrawal of watery sludge should be avoided. When the
sludge is drawn by hydrostatic pressure, the valve on the pipe is opened partly and the sludge
allowed to flow out. When the sludge becomes thin the valve should be closed. Most plants
utilizing this method are so designed that the operator can see the sludge as it is being drawn
and judge when the valve should be closed.
5.4.4.2 Bulking and Rising of sludge
The quick settle-ability of sludge is an important factor in the efficient performance of the
activated sludge plant. The SVI serves also as an index of sludge settle-ability. SVI values of
80-150 are considered satisfactory in plants operating with MLSS of 800-3500 mg/l. Sludge with
poor settling characteristics is termed bulking sludge. Sludge bulking results in poor effluent
due to the presence of excessive suspended solids and also in rapid loss of MLSS from aeration
tank. Sludge bulking is generally due to inadequate air supply, low pH or septicity and also due
to growth of filamentous organism’s. Sludge bulking is controlled by eliminating the causes
and by application of chlorine either to the influent or to the return sludge to control
filamentous growths. Bulking of sludge has to be controlled by the contractor.
For proper control of anaerobic digestion process three parameters namely pH, alkanity and
volatile acids should be regularly monitored. Digestion proceeds favourably at pH values of 7.0
to 7.6. Preferably above 7.2 and the ratio of volatile acids to alkalinity should be kept less
than 0.5. If the digester turns sour, lime is usually added to correct the pH to the desirable
72
range. The lime can be added at the sludge pump or in the recirculation pump as recirculation
is helpful in bringing about mixing.
5.4.4.3 Skimming
Floating material collecting on the surface of primary sedimentation tanks are removed by
skimming devices operated mechanically. In mechanical skimming devices the skimmer brush
tips the scum into scum trough discharging into a sludge sump, from where it is pumped along
with the sludge. The skimmer device should be inspected periodically and moving parts
lubricated frequently.
5.5 Structures and Mechanical Equipments
The side walls of the settling tanks should be so finished as to minimize the collection of
solids, grease, oil and aquatic growths. Collections, if any should be removed periodically by
brushing and hosing them down without disturbing the tank contents. Dark floating matter and
rising bubbles on the surface indicate improper cleaning and inadequate sludge removal.
Inlet and outlet channels should be kept clean and hosed at least once a week. A baffle should
be cleaned of any sticky materials and stringy growths on the surface and edges.The bearings,
transmission gears, traction rollers, etc., should all be properly lubricated as per the
lubricating schedule suggested by the manufacturer. (Table to be prepared to show the
records to be maintained daily, weekly, monthly etc. for various parameters). In addition,
each clarifier may be dewatered at least once a year to inspect the submerged position of the
mechanism such as flight scrapers; squeezes etc. repair or replace the worn out parts, check
all nuts and bolts for tightness and repaint all metallic parts. Motors should be checked
periodically for overload condition and electric wiring for proper insulation. Where cathodic
protection devices using impressed current are provided, the strength of protective current
should be checked, before utilizing.
5.5.1 Records [
The daily operation records should show frequency and method of cleaning, flow, flow through
time, volume of sludge and scum removed and percentage moisture in sludge, settle able
solids both in sewage and in effluent form sedimentation tanks. The suspended solids, BOD of
both influent and effluent should be recorded and schedule of records required to be
maintained as suggested by the bidders.
73
5.6 Aeration Tanks
The operational variables in an activated sludge plant include rate of flow of waste water, air
supply, MLSS, aeration period, DO in aeration and settling tanks, rate of sludge return and
sludge condition. The operator should posses thorough knowledge of the type of system
adopted viz. conventional, high rate, extended aeration of contact stabilization so that
effective control of the variables can be exercised to achieve the desired efficiency of the
plant. Inspection of aeration system should be done for bearings, bushes, transmission gears,
and they should be lubricated as per the schedule suggested by the manufacturers. The whole
unit should be thoroughly inspected once in a year including replacement of worn out parts
and painting with anti-corrosive paint to achieve desired efficiency of the plant. The record of
operation should be maintained.
5.6.1 Waste Water Flow
Since the treatment is bio-chemical in nature, conditions in the aeration tank should be
maintained uniform at all times. Sudden increase in the rate of flow or slugs of flow should be
avoided. Supernatants from digester containing more than 3000 mg/l of SS if taken into the
settling tank, should be pretreated as otherwise heavy load will be imposed on the activated
sludge system. Measurement of waste water flow and the BOD applied to the aeration tank
should be made.
5.6.2 Air Supply
Frequent checks of DO at various points in the tank and at the outlet end which should not be
less than 1 mg/l will help determining the adequacy of air supply. The uniformity of air
distribution can be easily checked by observing bubbling of the air at the surface, which
should be even over the entire surface area of the tank. If the bubbling looks uneven, clogging
of diffusers indicated. Clogging is also confirmed by the increase of 0.1 to 0.15 kg/cm2 in the
pressure gauge reading. Adding chlorine gas to air may help in removing clogging of diffusers
on air side it is due to organic matter. Other methods of cleaning will have to be resorted to,
if this procedure does not clear up the clogging. Air flow meters should be checked
periodically for accuracy and hourly and daily air supply and air pressures should be recorded
to avoid over-aeration or under aeration. Mechanical or surface aerators should be kept free
from fungus or algal growths by cleaning them periodically.
5.6.3 Mixed Liquor suspended solids
Control of the concentration of solids in the mixed liquor of the aeration tank is an important
operating factor. It is most desirable to hold the MLSS constant, at the suggested rates. The
74
test of MLSS should be done at least once a day, preferably during peak flow. As the MLSS will
be minimum when the peak flow starts coming in and will be maximum in the night hours
when the flow drops, operating MLSS value would be the average hourly value in a day which
should be verified at least once a month.
5.6.4 Return sludge
The return sludge pumps provided in multiple units should be operated according to the
increase or decrease in return sludge rate of flow required to maintain the necessary MLSS in
aeration unit, based on the sludge volume index. The sludge volume index should be
determined daily to know the condition of the sludge. A value of over 200 definitely indicates
sludge bulking.
A good operation calls for prompt removal of excess sludge from the secondary tanks to ensure
that the sludge is fully aerobic. This should be measured daily and recorded. The excess sludge
is taken to digester directly or through primary settling tank.
5.6.5 Foaming
Foaming or frothing is sometimes encountered in activated sludge plants when the waste
water contains materials which reduce the surface tension, the synthetic detergents being the
major offender. Froth, besides being unsightly, is easily blown away by wind and contaminates
all the surfaces it comes into contact with. It is hazard to workmen because it creates a
slippery surface even after it collapses. Foam problems can be overcome by the application of
a spray of screened effluent or clear water increasing MLSS concentration, decreasing air
supply or addition of other special anti-foam agents.
5.6.6 Microscopic Examination
Routine microscopic examination of solids in aeration tank and return sludge to identify the
biological flora and fauna present will enable good biological control of the aeration tanks.
5.6.7 Records
Activated sludge operation should include recording of flow rates of waste water and return
sludge, DO, MLSS and Biota, Sludge age, air, BOD, COD and nitrates in both influent and
effluent.
5.7 Building and Equipment
Office building and structures should be well ventilated and illuminated. They should be
maintained and kept in good repair, white or colour washed metallic parts being painted
75
annually. The effect of corrosive gases could be minimized by proper ventilation, proper
collection and disposal of corrosive gases and painting the structures which are prone to be
attacked by the gas, with anticorrosive paints. Dampness inside buildings could be reduced by
proper ventilation. Wherever necessary exhaust fans and forced ventilation should be adopted.
5.7.1 Equipments
The operator should maintain a book of catalogues supplied by manufacturers containing
instruction sheets of all equipments. In addition, printed or written operating and
maintenance schedules should be displayed near each equipment in the language understood
by all operating staff.
Lubricating schedules, cleaning and painting schedules, checks for efficiency, leaks and wear
and tear and testing of safety devices, should be followed strictly according to manufacturer’s
instructions.
All metering devices such as weirs and float gauges should be maintained in proper working
condition including calibration. Charts should be changed at the same hour every day. Records
maintained should show total maximum and minimum rates of flow.
Operating, lubricating and maintenance instructions for all pumps and other mechanical
equipment should be strictly followed. Special attention should be given to maintaining pumps
in an efficient operating condition, free from clogging, excessive friction or entrance losses
and abnormal power consumption due to wear and tear. Water level in the wet wells should
not be lower than the minimum designed level and all accumulation of grease and other
deposits removed promptly. Floats and sequence switches controlling the pumping cycles
should be examined at the beginning of each shift. All pumps including standby pumps should
be operated in rotation so that the wear and tear is distributed evenly. All bearings, motors
and electrical control equipment should be inspected daily for any over-heading. The
manufactures directions for operation and lubrication should be strictly followed. Packing
glands should be checked for over-tightening. When pumps may have to be operated
automatically time interval between start & stop, should not be less than 5 minutes. A
reversing switch shall be installed for dislodging the clogging materials. This can also be
achieved by taking the backflow from the header main. Chlorination equipment should be
properly housed and reserve supply of cylinders, valves, gaskets etc. should always be
available. Valves and piping should be regularly checked for leaks. Leaks should be attended
to as per the instruction in the manufacturers catalogues. Chlorine cylinders should be kept on
scales and the weight read each day as a check for the amount of chlorine used. Gas masks
must be used while attending to chlorine leaks. Operation records should show the volume of
76
sewage chlorinated, rate of application of chlorine, residual chlorine in the plant effluent and
the amount of chlorine consumed each day. In case of severe chlorine leakage, arrangement
should be provided for dumping chlorine cylinder in lime tank to nullify its effect in the
atmosphere.
5.8 Safety in the plant
The work of an operator in a CETP presents many hazards that must be guarded against.
Common type of accident is injuries from falls, deaths from drowning and asphyxiation.
Narrow walks or steps over tanks (particularly in darkness, rains and wind) ladder and spiral
staircases are potential danger spots where the operator should be alert; overexertion during
operation of valves, moving weights and performing other arduous tasks should be avoided. All
open tanks should be provided with guard rails to prevent accidental falls. Glass parts as well
as moving parts should be protected by screen or guards. Adequate lighting within the plant
and around the plant should be provided which gives better working facility reducing accidents
on account of slipping etc. Honeycomb grating be provided on open channels to avoid
accidents on account of falling down or drowning. The staff should be trained and compelled
to use helmets, gumboots, hand gloves etc. Wherever necessary, precautionary boards/danger
boards/sign boards should be displayed in the plant (wherever necessary), drawing attention
to the potential danger spots. Gas poisoning, asphyxiation and gas explosion are other hazards.
Hence smoking or carrying open flames in and around digesters should be prohibited. Covered
tanks, wet wells or pits should be well ventilated. Before entering, they should be kept open
for sufficient time or preferably forced ventilated as the present problems of asphyxiation.
Entry into them should be permitted only after ensuring the safety by testing for the presence
of hazardous gases. Gas masks should be stored in location where no possibility of
contamination by gas exists and should be easily accessible. A first aid kit should be available
readily at hand. Fire extinguishers of the proper type should be located at strategic points and
maintained in good operating condition at all times by testing them.
All staff should be trained in rendering first aid and operating fire extinguishing equipment.
Adequate number of toilets and bathing facilities, drinking water facilities and locker should
be provided for the convenience of operating staff and protection from risk of infection.
Earthing facilities and canteen should be maintained hygienically.
All workers should be compelled to observe personal, hygiene such as washing with soap after
work as well as washing before taking food. The use of antiseptics along with washing should
be emphasized. The employees should be medically checked after every six months especially
for eye sight, hearing, indigestion, mental capability, T.B. Diabetes, heart troubles etc.
77
5.9 Training of personnel
All operating staff engaged in technical and skilled work should be trained. This plant is to be
headed by a plant superintendent who should have the necessary training with considerable
experience in effluent treatment. All junior operation staff should receive in service training.
It is desirable that all components of CETP are run and maintained by operators who hold
certificates of competency. The person who would be looking after the maintenance and
operation of the plant should be preferably involved in the activities at the time of design,
procurement and installation including inspection of equipment at manufacturer’s place and
their test and trials on completion of system. The operation and maintenance staff should
undergo training and refresher courses from time to time as to keep them conversant with the
latest technological advances in the field. The staff should also be encouraged by sending
them to other similar plants. They should also be provided with well equipped library for
references and also be sent for higher studies. The contractor would impart necessary training
to the designated HSIIDC staff for taking over and carrying out proper maintenance after the
expiry of his contract. The training shall be imparted in a training institute as well as at the
field. The total training shall not be less than 6 months.
5.10 Recording and Reporting
All operating records of the various treatment units in a plant should be properly compiled on
a day-to-day basis and daily, monthly and yearly reports prepared, maintained and
periodically reviewed. These reports will form a valuable guide to better operation and serve
as an important document in the event of a legal suit resulting from nuisance or danger
attributed to the plant or for meeting the statutory requirements about the satisfactory
performance of the plant, computers should be used for storing and compiling such voluminous
information and to have easy access for prompt information when called for. This would also
help in reviewing the performance of the various equipments and plant as whole.
5.11 Check List
The bidder is expected to develop a detailed checklist of possible problems / observations
along with its possible causes and remedial measures for attending to the problem at the
earliest.
78
Schedule of preventive maintenance as suggested by the manufacturers of the various
components shall be adhered to. The use of lubricants and their frequency of application as
suggested by the manufacturer shall be adhered to. In addition to the above the schedule of
preventive maintenance to be carried out for the major equipments like pump, motor, valves,
gears and the M.S. Fabricated structures in the treatment plant etc., shall be done as detailed
below :-
5.12 SCHEDULE OF PREVENTIVE MAINTENANCE – Centrifugal pumps
S. No.
Name of section or part to be attended.
Maintenance to be carried out
Frequency/time internal at which inspection and maintenance to be done.
Remarks
1. Bearings Checking of temperature with thermometer
Two months Hot ball or roller bearing point to too much oil or grease; hot sleeve bearings need more oil or heavier lubricant. If does not correct, dissemble and inspect the bearing alignment of pump and driver.
2. Glands Changing of gland packing
Two months
3. Bearing Lubricants (greasing) Two months Check for specification resulting in whitish colour;
washout with kerosene.
4. Gauges Checking of pressure and vacuum gauge
Three months
5. Valves Changing of gland packing in delivery
sluice valve, suction valve, bye pass
valve, reflux valve
Six months
6. Exhaust pump and
its auxiliaries
Checking of gland packing & its
auxiliaries etc.
Six months
7. Impeller Checking of impeller blades, sleeves, efficiency rings,
bearings, neck ring impeller nut etc.
year
79
5.13 SCHEDULE OF PREVENTIVE MAINTENANCE – Electrical Motors
S. No. Name of
section or
part to be
attended.
Maintenance to be
carried out
Frequency/time
internal at which
inspection and
maintenance to
be done.
Remarks
1. Induction
motor
stator and
rotor
Opening of end
covers dust blowing
and checking of air
gap
One month Depending on the working
conditions & maintenance
staff available.
2. Slip ring
device
Cleaning of slip
rings and
adjustment of
carbon brushes
short circuiting
jaws, oiling of
clutch etc.
One month
3. Bearings Proper lubrication Two months
4 Windings Checking of motor
after taking out its
rotor. Dust
blowing. Checking
of end connections
of stator. Rotor
and taking
insulation test, no
load test before
putting the motor
on load
Two years
80
5.14 SCHEDULE OF PREVENTIVE MAINTENANCE – Switchgears
S.
No.
Name of section or
part to be
attended.
Maintenance to be
carried out
Frequency/time
internal at which
inspection and
maintenance to be
done.
Remarks
1. Oil circuit breaker
or air circuit
breaker
Checking, cleaning and
tightening of nuts, bolts
of fixed auxiliary
contacts, moving
auxiliary contacts, main
fixed contacts. No volt
coil, overload coil,
interlock system,
condition of
transformer oil, knife
switches & insulators
etc.
Six months
2. Oil tank Cleaning & topping of
oil & checking
dielectric strength of
transformer oil.
3. Contacts Changing of old &
wearing out contacts
(fixed moving
auxiliaries etc.)
Three months Depending
on the
source of
power
supply & its
tripping
81
5.15 SCHEDULE OF PREVENTIVE MAINTENANCE
Sedimentation tank with Clarifier and their drive
Sr.
No
.
Name of section or
part to be attended.
Maintenance to be
carried out
Frequency/time
internal at which
inspection and
maintenance to be
done.
Remarks
1. Trolley wheels Lubricants (greasing) One month
2. Reduction gear box Checking and topping
of oil level
Three months
3. Turn table
mechanism
Checking and topping
the oil level
Three months
4. Vertical slip ring
motor
Dust blowing.
Checking of carbon
brushes bearings etc.
Four months
5. Rail/ Track Adjustment of gap
between two rails &
its alignment etc.
Four months
6. Reduction gear Checking of helical
spur gears conditions
Six months
7. Rubber type wheels
iron wheel
Checking of wear &
tear alignment & its
positioning
Six months More
frequently in
the old
installations.
8. M.S. Scrapers Tightening of nuts &
bolts, replacement of
broken parts
Year
82
5.16 Maintenance Staff O & M personal shall dedicate their 100% time & the contractor will ensure that adequate number of his staff shall be available on duty 24 hours, 7 days per weak including all holidays. Minimum following O&M personal to be provided by the contractor, for both the CETPs,
shall be suitably qualified & he will get their CV resume duly vetted by the engineer in
charge before engaging them.
Sr. No.
Designation Period of employment
Numbers
1 Operators Full time 3
2 Sewer man Full time 1
3 Sweeper Full time 1/2
4 Electrician-cum-fitter Full time 1/2
The contractor shall maintain & submit statements to HSIIDC on daily basis for consumption of power, chemicals quantity & quality of treated effluent on the prescribed Performa to be laid down by HSIIDC & shall get the treated effluent samples duly tested for submission to HPCB for NOC / consent & shall submit consolidated monthly statement at the time of claiming payment. In case contractor fails to operate & maintain the treatment plant to the rated capacity & quality HSIIDC shall be at liberty to terminate the operation & maintenance contract without assigning any reason & take panel action as per the contract & prevailing law as this is covered under essential services act. The contractor shall adopt all necessary safety measures for all his staff, plant, building & machinery. 5.17 Scope of Work
Operate the plant i.e. CETP as per the instructions in the operation manual.
Carryout Routine, Annual & Breakdown Maintenance of the equipment in the system.
Maintain record book/log book with the help of computer.
ESI & PF Registration & Record keeping.
Providing Safety Gear to O & M Staff.
Maintain the log sheet for various equipments and systems.
Draw samples and get analyzed for the parameters required and make the necessary process correction.
Maintain a record of stock levels and assist client on reordering levels.
Maintain history card for the equipments.
Submit report in the form and frequency required by the client.
Housekeeping of the entire plant allocated area.
83
Others
Maintain clear record of attendance for his workmen and staff.
Vender shall be responsible for preventive maintenance necessitated by normal usage of the equipment.
5.18 Maintenance Contractor shall get the routine preventive, Annual & Breakdown maintenance done with the help of their own staff. All spare parts, consumable for maintenance will also be supplied by Vendor. The painting of Mechanical & Civil structures as and when necessary shall be carried out by contractor. 5.19 Consumables and spares Various chemicals such as Coagulants, Chlorine, Polyelectrolyte, cleaning chemicals, lubricants, spares, cartridges etc. are either consumed continuously or replaced periodically to maintain the performance of the plant, will be procured by contractor. Sufficient stock level of these items shall be maintained by contractor. The contractor shall allocate adequate covered space for storage of consumables, chemicals and spares. The following tests shall be carried out by the contractor on regular basis:
Sr. No.
Tests Raw Effluent Eqn. Tank F/M Clfr. outlet
Atn. Tank
Sdry. Clarifier
Tertiary treatment
1. Ph X X √ X √ X X 2. Temp X √ X X X X X 3. BOD X √ X X √ √ √ 4. COD X √ X X √ √ √ 5. TSS X √ X X X √ √ 6. MLSS X X X X √ X X 7. DO X X X X √ X X 8. Residual
chlorine X X X X X X √
9. N/P ratio X X X X √ X X 10. Detn. of
chemical dosages.
X X √ X √ X X
Alum X X √ X X X X Lime X X √ X X X X Chlorine X X X X X X √
In addition to above any other test required by Pollution Control Board for grant of NOC shall be carried out by the contractor. This scope of work includes painting, white washing, distempering of plant, building & equipments at the time of handing over of the plant and after every 2 years of operation & maintenance period.
84
5.20 Laboratory and stores The minimum lab equipment needed & tests recommended to be carried out at the CETP are
in accordance with the employer requirements chapter earlier.
5.21 Waste Disposal The disposal of the effluent/waste water/beyond battery limits site shall be the responsibility
of the HSIIDC. Disposal of hazardous sludge to a common hazardous waste management facility
will be under the scope of contractor.
5.22 Extra Work No extra work charges of any kind shall be entertained by the HSIIDC during O & M contract period. 5.23 Scope classification Chart
Sr. No. Activity / Facility Contractor Scope
Owner Scope Remarks
1. Manpower for operation & maintenance
√
2. Operation and maintenance of facilities
√
3. Regular record keeping & log maintenance
√
4. Uniform & other requirements of O & M staff
√
5. Routine & experts visits from contractor experts
√
6. ESI, PF & Labour License
√
7. Spares for various equipment √
8. Chemicals & consumables √
9. P.O.L. √
10. Tools & Tackles √
11. Statutory clearances √
12. Telephone, fax & E-mail for staff
√
13. Workshop repairs if required √
14. Canteen & Transport facility for O & M Staff
√
15. Sample collection and testing charges from any outside lab.
√
16. Power √
17. Sludge Transportation its treatment & disposal to
Disposal Facility
√
85
5.24 LIQUIDATED DAMAGE: RATE FOR VARIOUS LIQUIDATED DAMAGES AND NOT PERFORMANCE OF THE PLANT OR NOT MEETING THE GUARANTEED PARAMETERS In case the guaranteed conditions are not fulfilled during O & M period. HSIIDC will have right to impose penalties on contractor for various items as per following rates:
1 For failing to meet effluent quality standards (applicable for the period when treated effluent quality is not equivalent to the guaranteed effluent quality)
That in case the Contractor fails to achieve the prescribed out let parameters (As per DNIT or prevailing Pollution control Board Norms) he shall pay liquidated damages for the quantity which has not met the desired results @ quoted price per m3 + 20% of quoted Rs./ KL. In case the defect is not rectified within 48 hours, and a penalty of Rs. 5,000/- per day of delay shall be recovered from monthly bills in addition.
2 For running the plant below capacity even when sufficient effluent is available : (applicable for the period when the plant is under loaded and during that period sufficient effluent is available)
The rate of O & M per KL as given in price schedule applicable for that of O & M and calculate from yearly cost for the effluent treated in a year based on plant capacity x (Actual effluent available/ capacity of plant, which is applicable effluent treated)
Note: For the payment calculations, a month shall consist of 30 days.
86
SECTION – 6
SPECIAL TERMS & CONDITIONS: -
1. Sales tax & income tax shall be deducted as applicable from time to time.
2. Payment of O & M charge shall be made on the monthly basis after submitting the
test reports from any of approved Lab. Of Haryana State Pollution Control Board /
C.P.C.B., Delhi / Shri Ram Test House / N.F.L., Panipat certifying that the treated
effluent is well within the prescribed parameters of the Pollution Control Board.
3. 5% security shall be deducted from the monthly bills, which will be released after
the successful completion of the work.
4. The plant shall be handed over to the agency in working condition during the O & M
period. The agency shall keep the plant in good condition and after the completion
of contract period the plant shall be handed over in the working condition.
5. The machinery of the CETP Ph-IV was installed during the year 2007-2008 and
thereafter the same is in working condition.
6. HSIIDC shall provide 3 Phase (440 Volts) connection required for the O& M at CETP
including the complete arrangement of the Power Meter, Energy Consumption
Meter {Transformer, switches etc. 2 No. DG Set of 100 KVA & 200 KVA capacity are
also provide to operate the CETP in the absence of power supply}. The electric
consumption charges shall be paid by Agency. The agency shall be responsible for
any kind of tempering of the power connection /power meter /theft of power and
the damage, if any on this account occurred to the Corporation shall be recovered
from the agency.
7. The cost of chemical & consumable requires for treatment, testing of parameters in
the Lab. Shall be borne by the agency.
8. The design capacity of CETP is to treat 0.15 MLD trade effluent Indl. Estate,
Barwala.
9. The characteristics of the treated effluent shall be within prescribed limit of the
Haryana State Pollution Control Board as fixed by them from time to time. At
present the treated standard for discharge of effluent into inland surface water
(drain) are as under :-
BOD (3 days at 27 C ) = 30 mg/1
87
COD = 250 mg/1
Oil & Grease = 10 mg/1
PH & Value = 5.5 to 8.5
TSS = 100 mg/1
10. The agency shall apply and obtain the consent to operate CETP from Haryana State
Pollution Control Board, Panchkula under Water Pollution Act-1974. In case the
agency fails to obtain the consent to operate the CETP, within 90 days from the
date of handing over the plant, no payment shall be released. The fee for the
consent to operate, and all other expenditure / security shall be paid / deposited
by the agency with the Haryana State Pollution Control Board.
11. The agency shall be responsible, in case the result of treated effluent are not found
within the prescribed parameters of the Pollution Control Board, in any case. The
damage, if any paid by the Corporation on account of not achieving the desired
parameters of treated effluent shall be deducted / recovered from the agency in
addition to the Liquidated Damages as per clause 2.16.2 of Section-II .
12. In case the agency fails to rectify the damaged plant & machinery, the cost of
damaged plant and machinery at the time of completion of contract period or
during the contract period, shall be rectified at the risk & cost of agency.
13. The agency will employ the adequate & skilled manpower and qualified Chemist for
the operation of CETP so as to avoid the damage of plant and have the proper
result of treated effluent.
14. In case the agency wants to make some minor addition / alteration in the plant to
get the better result, the agency can make such alteration with the prior approval
of this office for which no extra payment shall be made by the Corporation.
15. The agency shall allow any of the Corporation’s officer / officials to inspect the
working of CETP at any time and also allow the staff of Pollution Control Board /
Central Pollution Control Board as and when they desired to take the sample of
treated effluent. Except the above officer, no other persons will be allowed to
visit the CETP without prior permission of this office.
88
16. The agency shall provide the identity card / badge to the employees engaged by
them and they will have to display the identity card during their working hours.
17. The agency shall submit the certificate issued by the Regional Provident Fund
Commissioner having issued the EPF account No. for the deduction of EPF of the
employees engaged at the plant.
18. The agency shall also be responsible to measure the discharge of total quantity of
effluent received at the inlet and total quantity of treated effluent discharged in
drain No.6.
19. The agency shall also be responsible to monitor the parameter of polluting unit
treated by them in their premises through ETP and in case the parameter are found
beyond permissible limit, the same shall be reported to Pollution Control Board.
20. The agency shall ensure that no polluting unit will discharge their untreated
effluent into sewer line of non-polluting unit without the permission of this office.
In case such type of unit were found discharging the untreated effluent at any time
without prior permission from this office. The agency will be fully authorized to
take action against such the defaulting unit to stop the discharge into sewer line.
21. In case agency does not deploy the staff as per details given in DNIT, recovery at
the penal rate i.e. double to approved rates will be made. Therefore, the agency
will have to maintain the proper record / register of the manpower deployed at the
CETP Plant with respect to the contract of Operation & Maintenance of CETP.
22. The agency shall also be responsible to disconnect the sewer and not to treat the
effluent / pump out the treated effluent, in cases the units are not remitting their
dues regularly after receiving the instructions for disconnection of sewer from
Corporation.
23. The DG set of 100 KVA & 200 KVA at CETP shall be operated & maintained by the
agency to operate the plant continuously.
24. The agency shall be responsible for all the consequences whatsoever, in case the
HSPCB close the operation of CETP for non-compliance of any of the section as
89
provided in Water (Prevention and Control of Pollution ) Act, 1974 and its
amendment from time to time including the legal action which includes the
prosecution also.
25. In case the result of treated effluent are not found within the prescribed
parameters of HSPCB, the agency will be responsible for any legal action, penalty
and prosecution, initiated by the HSPCB under Water (Prevention and Control of
Pollution) Act, 1974.
26. The agency will be responsible for the legal implication for not treating the effluent
to the required standard & violating the Section 25 & 26 of the Water Conservation
Act, 1974 and you will occupy the status of (occupier) as provided in the Act.
27. All capital costs incurred towards replacement of machinery / pipe line etc. shall
be borne by HSIIDC, if required during currency of the operation / maintenance of
contract.
28. Cess @1% of the total cost of construction of project from the payment of
contractor under section-3 of the “ Building and other construction workers welfare
cess Act-1996 “ registration of establishment under section-7 of the “ building and
other construction workers “ (regulation of employment and condition of service
tax act 1996) shall be deducted from all running & final bills or as revised by the
state Govt. from time to time.
29. The time period for operation and maintenance of CETP shall be 3 (three) Years
from the date of handing over of site to the agency.
30. The rates to be quoted by the contractor shall be inclusive of total service tax
liability for this work. The service tax liability of the HSIIDC, as per applicable
law, in respect of this work shall be borne by the contractor, notwithstanding
the fact that part of Service tax liability is also to be borne by the Contractor
itself. The deduction in respect of Service Tax liability part of HSIIDC will be
made from running bills as well as final bill of the contractor. This deduction will
be applicable if the Contractor is not a Company under the Companies Act, 1956
as in case of a Company,100% service tax liability is to be borne by the Company
itself.
90
SECTION - 7
SCHEDULE 1
Eligibility Criteria Document
STRUCTURE AND ORGANIZATION
1. Name of Company/Firm
Registered Address
Telephone Number
Fax Number
2. Description of the company giving detail of activities
3. Number of years of experience as a General Contractor
4. Number of years of experience as a Sub-Contractor
5. Names of members of Board of Directors
6. Names of principals who sign documents on behalf of the company
7. Attach a Company organization chart
8. Previous names of the company with the dates of changes ( if any)
9. Previous partners with dates of changes( if any)
10. State if a member of any contractors association/organization.
11. ln which field of Construction/Engineering construction do you claim specialization & Interest.
Encl.:
1) Attach attested copies of original documents:
a) Applicant's legal status.
b) Principal place of business.
c) The place of incorporation (for applicants who are corporations), the place of
registration and nationality of the owners (for applicants who are in partnerships
or individually owned firms).
2) Power of attorney or authority to sign duly attested by Magistrate 1st Class.
3) Latest brochures and technical literatures.
91
SCHEDULE 2
Eligibility Criteria Document
FINANCIAL CAPABILITY
Summary of assets and liabilities on basis of the audited financial statements of the last three
financial years.
ITEM DESCRIPTION 2010-11 2011-12 2012-13
1. Total Assets
2. Current Assets
3. Total Liabilities
4. Current liabilities
5. Net worth (1-3)
6. Working Capital (2-4)
7. Annual Turn over
8. Construction Services
Services related turn over
9. Profit before taxes
10. Profit after Taxes
Note:
a) Attach attested copies of the audited financial statements of the last three financial
years.
b) Details of construction services related turnover
Name and Address of the Bank providing Credit line
c) Specify proposed sources of financing to meet the cash flow demands of the
project, net of current commitments:
d) SOURCE OF FINANCING AMOUNT
1.
2.
3.
92
Firms owned by individuals, partnerships, may submit their balance sheets certified by
the registered Chartered Accountant, and supported by copies of tax returns, if audits
are not required by the laws of their countries of origin.
NOTE: (The following information is mandatory)
i) The average annual financial turnover during the last 3 years ending 31st March 2013
should clearly be indicated. ii) Audited Annual Reports including profit and Loss account for last three financial years. iii) The applicant should have positive net worth. This will be judged from audited balance
sheet of the last financial year ending on a date not prior to 18 months from the due
date of submission of this document.
93
SCHEDULE – 3
Eligibility Criteria Document
WORK EXPERIENCE
LIST OF RELEVANT PROJECTS OF VALUE OF PACKAGE ON BASIS OF WHICH ELIGIBILITY IS
CLAIMED),
COMPLETED PROJECT DURING THE LAST FIVE YEARS ENDING MARCH 2013 –
Name of
Employer
/ Clien
t
Name, Locatio
n, Nature
& Disciplin
e of Work
Contract Price in Indian
Rs.
Percentage of
Participation of the Company
Contractual Date
of Commencement
of Construc
tion
Contractual
Date of completion of Work
Actual Date of Start
of Work
Actual Date of Completion of work
Reasons for
Delay in Completion, if any
Value of work completed
till 31.3.2013 supported
with certificate
from employer/
client
Note :- 1. Certificates from the employers are to be attached in respect of the
information furnished. 2. Attach photographs of completed Projects. 3. Attach additional photo copied pages, if required. 4. Works to be listed separately as per the similarity. 5. Attach performance certificates as per the value of work as defined in this
document. There should not be any unsatisfactory performance of the applicant.
SCHEDULE – 4
Eligibility Criteria Document
Details of raw & treated waste water design parameters of the project mentioned in
schedule 3
1. Para Meters after secondary
Sr. No.
Parameter Values
Raw Effluent
Primary treatment After Secondary treatment
Requirement Achievement
Requirement
Achievement
1 pH
2 TSS
3 BOD
4 COD
5 Oil & Grease
SCHEDULE – 5
Eligibility Criteria Document
LIST OF CURRENT PROJECTS
PROJECT TITLE
WORKS
INVOLVED
CLIEN
T
CONTRACT VALUE
DATE OF
COMMENCE-MENT OF WORKS
DUE DATE
OF COMPLETI
ON
%AGE WISE
COMPLETION
EXPECTED DATE OF
COMPLETION
Note :- Works to be listed separately as per the similarity.
SCHEDULE-6
Eligibility Criteria Document
INFORMATION REGARDING CURRENT LITIGATION, DEBARRING/ BLACKLISTING,
EXPELLING OF APPLICANT OR ABANDONMENT OF WORK BY APPLICANT
i) a) Is the applicant currently involved in any Yes/No
arbitration/litigation to the contract works.
b) If yes, give details
iii) a) Has the applicant or any of its constituent Yes/No
partners been debarred/expelled by any
agency in India during the last 5 years
b) If yes, give details
iii) a) Has the applicant or any of its constituent Yes/No partners failed to complete any contract work in India during the last 5 years due to any reason. b) If yes, give details
Note:- If any information in this schedule is found to be incorrect or concealed, participation of applicant will be summarily rejected at any time. The applicant is supposed to fill-up the correct details of arbitration/litigation during last five years with their outcome
Details of dispute
Year Award for or against
applicant
Name of client, cause of litigation and matter of dispute
Current value of disputed amount
Actual awarded amount
Note: Applicant shall submit an affidavit with an undertaking that the applicant/associates have not been blacklisted by any Govt. agency/State Government/ Central Government in any of the states in India.
SCHEDULE-7
Eligibility Criteria Document
AFFIDAVIT
1. I, the undersigned duly authorized on behalf of company/firm/do hereby certify that
all the statements made in the required attachments are true and correct to the best
of my knowledge.
2. The undersigned hereby authorize(s) and request(s) any bank, person, firm or
corporation to furnish pertinent information deemed necessary and requested by the
Employer to verify this statement or regarding my (our) competence and general
reputation.
3. The undersigned understands and agrees that further qualifying information may be
requested and agrees to furnish any such information at the request of the Employer.
(Signed by an Authorized Officer of the Firm)
Name and Title of Officer
Name of the Firm
Date
Encl.: Requisite Power of Attorney duly attested by Magistrate – 1st Class.
SCHEDULE-8
Eligibility Criteria Document
ADDITIONAL INFORMATION
Following additional information supported with attested copies, may be supplied along
with your application:
1. Registration of company, partnership deed, Article of Association, Registration under
Labour Law, Registration under Sales Tax Act.
2. EPF No., PAN No. and Service Tax No. etc.
3. Details of available site testing equipments.
4. Details of possession of Electrical License from Chief Electrical Inspector of the State
for execution of High Tension line network.
Please add any further information, which you consider to be relevant to the evaluation of
your application. If you wish to attach other documents please list below, otherwise state
“not applicable”.
FORMAT OF PERFORMANCE BANK GUARANTEE
To ………………………………………………………. [Name of Employer] ………………………………………………………. [Address of Employer] WHEREAS ……………………………..…………………………… [name and address of the contractor] (hereinafter called the contractor) has undertaken, in pursuant of contract no. …………..………. Dated ………………. to execute …………….. [name of contract and brief description of works (hereinafter called lithe contract”): And whereas, we have agreed to give the contractor such a bank guarantee; Now, therefore, we hereby affirm that we are Guarantor and responsible to you, on behalf of the contractor, upto a total of ………………………………. [amount of Guarantee] ……………………………………….. [amount in words], and we undertake to pay you, upon your first written demand and without cavet or argument, any sum or sums within the limits of …………………………. [amount of Guarantee] as aforesaid without your needing to prove or to show grounds or reasons for your demand for the sums specified therein. We hereby waive the necessity of your demanding the said debt from the contractor before presenting us with the demand. We further agree that no change or addition to or other modification of the terms of the contract or of the works to be performed there under of any of the contractor documents which may be made between you and the contractor shall in any release us from any liability under this guarantee, and we hereby waive notice of such a change, addition or modification. This guarantee shall be valid upto 28 days beyond the expiry of the Defects Liability Period. SIGNATURE AND SEAL OF THE GUARANTOR
Name of Bank
Date
Address
ANNEXURE-I
1 Details of Building / Structure ( Civil Works ) at CETP , Indl. Estate, Barwala
(Panchkula).
Sr. No. Description Nos.
1. Screen Chamber with MS grills 1
2. Collection tank dia 6.5 mtr. of brick work. 1
3. RCC tank 7 mtr. x 7 mtr. for aeration 1
4. RCC Clarifier's of 5 mtr. dia 1
5. RCC clarifier's & 7 mtr. dia 1
6. Sludge drying bed 4M x 2M m 6
7. The CETP surrounded with brick work boundary wall with SFRC grills & steel gates
ANNEXURE-II
DETAIL OF MACHINERY INSTALLED AT CETP OF INDL. ESTATE, BARWALA (Panchkula).
Sr. No. Description of Material Qty.
1 Monoblock pump set of Kirloskar make 13.3 HP with Diesel Engine at chamber 2900-RPM
1 No.
2 Monoblock sludge pump make Kirloskar 5HP with 2900 RPM with Electric motor
1 No.
3 Induction motor installed at both clarifier's of 1.5 HP Havells make with gear box RPM 1420
1 No.
4 Induction motor installed at fixed aerator 7.5 HP Havells make with gear box and rotator
1 No.
5 All the above machinery are intercoming with PVC pipes of dia 4”.
6 Monoblock submersible pump set of 5 HP in collection tank CPI make
1 No.
7 DG set of 40 KVA Mahindra Make 1 No.
SECTION - 8
FINANCIAL OFFER
To Be filled by bidder & returned along with the offer
Operation & Maintenance of Common Effluent Treatment Plant (CETP) of 0.5 MLD
capacity in HSIIDC, Industrial Estate, at Barwala, Distt. Panchkula (Haryana).
Item no.
Short description Rate to be quoted by the Contractor in Rs. Per KL
(Rate to be quoted both in words & figures in Rs.).
1. Operation & Maintenance of Common Effluent
Treatment Plant of 0.5 MLD capacity on turnkey
basis in Indl. Estate Barwala for a period of three
years. The Operation & Maintenance includes
charges of electrical bills, all consumables and
chemicals for the treatment of effluent,
maintenance of plant and machinery, repair &
maintenance of electrical & machinery items,
cost of material required for repair &
maintenance and cost of diesel to run the Gen.
sets etc. complete in all respect.
Signature & Seal of Company
Asstt.General Manager (IA)
HSIIDC, Indl. Estate, Barwala (Panchkula)