Professional Documents
Culture Documents
TSFP
Section VII
Page - 1 / 80
The Bidder shall provide the Bid Security in the form included hereafter pursuant to the
provisions in the Instructions to Bidders.
The Form of Contract Agreement will be used un-amended, except for the need to
complete Article 1.1 (Contract Documents) and Article 3 (Effective Date), as appropriate.
The form shall also include the Appendixes listed, which would be completed according to
the instructions for their completion provided at the beginning of each Appendix. If
required, the Price Schedule deemed to form part of the Contract would be modified
according to any corrections or modifications to the accepted bid resulting from price
corrections, pursuant to the provisions of the Instructions to Bidders.
The Performance Security and Bank Guarantee for Advance Payment forms enclosed
should not be completed by the bidders at the time of their bid preparation. Only the
successful Bidder will be required to provide performance security and a bank guarantee
for advance payment, according to one of the forms indicated herein and pursuant to the
provisions of the General and Special Conditions of Contract, respectively.
Section VII
Page - 2 / 80
Section VII
Page - 3 / 80
Section VII
Page - 4 / 80
Section VII
Page - 5 / 80
Amount and
Currency
Purpose of
Commission
or gratuity
day of
, 20
[signature]
In the capacity of
[position]
Duly authorized to sign this bid for and on behalf of
[name of Bidder]
Section VII
Page - 6 / 80
Bid Security
Power of Attorney
Bidders Eligibility and Qualification
Eligibility & conformity of Facilities
Subcontractors proposed by the
Bidder
Attachment 6: Deviations
Attachment 7: Alternative bids, if any
120 days
Clauses ITB 15.1 & 19.2 Number of The number of copies of the Bid to be completed
copies of Bid
and returned shall be ONE original plus FOUR
copies plus ONE electronic copy.
Clause ITB 25.3 (b)
Time schedule :
Time to complete the facilities from Time to complete the facilities from the effective
the effective date specified in Article 3 date specified in Article 3 of the Contract
Agreement for determining time for completion of
of the Contract Agreement
pre-commissioning activities shall be as under.
The adjustment rate if completion is For POWER GENERATION PLANT Minimum 78
beyond the maximum period
weeks and maximum 86 weeks. For the purposes
of bid evaluation Time to complete the facilities
will be considered as 78 weeks.
The adjustment rate in the event of completion
beyond the minimum period shall be 0.2 % for each
week of delay from that minimum period.
Section VII
Page - 7 / 80
Clause ITB 33
Amount of performance security:
bid
a)
b)
Section VII
Page - 8 / 80
2.
The Schedules are one line specifications and do not generally give a full description of
the plant and equipment to be supplied and the services to be performed under each
item. Bidders shall be deemed to have read the Technical Specifications and other
sections of the bidding documents and reviewed the Drawings to ascertain the full
scope of the requirements included in each item prior to filling in the rates and prices.
The entered rates and prices shall be deemed to include for the full scope as aforesaid,
including overheads and profit.
3.
If bidders are unclear or uncertain as to the scope of any item, they shall seek
clarification in accordance with the Instructions to Bidders in the bidding documents
prior to submitting their bid.
Section VII
Page - 9 / 80
Prices shall be filled in indelible ink and any alterations necessary due to errors, etc.,
shall be initialled by the Bidder.
As specified in the Bid Data Sheet and Special Conditions of Contract, prices shall be
fixed and firm for the duration of the Contract.
5.
Bid prices shall be quoted in the manner indicated and in the currencies specified in
the Instructions to Bidders in the bidding documents.
For each item, bidders shall complete each appropriate column in the respective
Schedules, giving the price breakdown as indicated in the Schedules.
Prices given in the Schedules against each item shall be for the scope covered by that
item as detailed in the Technical Specifications, Drawings or elsewhere in the bidding
documents.
6.
Where there are errors between the total of the amounts given under the column for
the price breakdown and the amount given under the Total Price, the former shall
prevail and the latter will be corrected accordingly.
Where there are errors between the total of the amounts of Schedule Nos. 1(a), 1 (b) to
6(a), 6(b) and the amount given in Schedule No. 7 (a), 7(b) (Grand Summary), the
former shall prevail and the latter will be corrected accordingly.
Where there are discrepancies between amounts stated in figures and amounts stated
in words, the amounts stated in words shall prevail.
7.
Payments will be made to the Contractor in the currency or currencies indicated under
each respective item.
8.
Items left blank will be deemed to have been included in other items. The TOTAL for
each Schedule and the TOTAL of the Grand Summary shall be deemed to be the total
price for executing the Facilities and sections thereof in complete accordance with the
Contract, whether or not each individual item has been priced.
9.
When requested by the Employer for the purposes of making payments or part
payments, valuing variations or evaluating claims, or for such other purposes as the
Employer may reasonably require, the Contractor shall provide the Employer with a
breakdown of any composite or lump sum items included in the Schedules.
Section VII
Page - 10 / 80
Description
Code1
Qty.
(1)
Currency
2400
2401-1 : 1.1
to 1.15
2401-2
2401-3 : 3.1
to 3.3.10
3.4 : 3.4.1 to
3.4.5
3.5 : 3.5.1 to
3.5.9.3
3.6 : 3.6.1 to
3.6.10
3.7 : 3.7.1 to
3.7.10
Steam Turbine
Speed reducing gear box
Alternator and Exciter
Alternator Breaker Panel
Three
sets
Three
Three
sets
Lot
Circuit Breakers
Lot
Lot
Lot
Unit Price2
EX
FOB
Works
Port of
Shipment
(2)
(3)
Total Price2
EX
FOB
Works
Port of
Shipment
(1) x (2)
(1) x (3)
Lot
Lot
Lot
Lot
Lot
Lot
2104
1.1
1.2
1.3
1.4
1.5
1.7
1.8
1.11
1.12
1.13
1.17
Lot
Lot
Lot
Lot
Lot
Lot
Lot
Lot
Lot
Lot
Lot
Lot
Section VII
Page - 11 / 80
1.18
1.19
1300
1301
De-superheater
steam
(a)
Three
1302
Three
2421: 1.1
2421: 1.2
for
bar
Lot
Lot
Co-generation
One
One
Lot
Lot
Lot
Lot
Total
Mandatory Spares
Lot
Section VII
Page - 12 / 80
Country
Name of Bidder
______________________
Signature of Bidder
______________________
Bidders shall enter a code representing the country of origin of all imported plant and equipment.
Specify currency.
3
To detail where lot is indicated
2
Section VII
Page - 13 / 80
Section VII
Page - 14 / 80
Schedule No. 2 (a): Plant, Equipment, and Mandatory Spare Parts Supplied from Within the Employers Country
for MILLING OPTION - 1
POWER GENERATION PLANT
[Bidder to indicate any of the equipment which it is supplying from Employers Country]
Item
Description
Qty.
Unit Price1
Total Price1
(1)
EXW
(2)
EXW
(1) x (2)
Currency
Name of Bidder
______________________
Signature of Bidder
______________________
Specify currency in accordance with specifications in Bid Data Sheet under ITB Sub-Clause 12.1 (b).
Section VII
Page - 15 / 80
Qty.
Description
(1)
Currency
Unit Price1
Foreign
Local
(2)
(3)
Birr
______________________
______________________
Specify currency in accordance with specifications in Bid Data Sheet under ITB Sub-Clause 12.1 (b).
Total Price1
Foreign
Local
(1) x (2)
(1) x (3)
Birr
Section VII
Page - 16 / 80
Qty.
Description
(1)
Currency
Unit Price1
Foreign
Local
(2)
(3)
Birr
Name of Bidder
______________________
Signature of Bidder
______________________
Specify currency in accordance with specifications in Bid Data Sheet under ITB Sub-Clause 12.1 (b).
Total Price1
Foreign
Local
(1) x (2)
(1) x (3)
Birr
Section VII
Page - 17 / 80
Qty.
Description
(1)
Currency
Local
(2)
Birr
Name of Bidder
______________________
Signature of Bidder
______________________
Specify currency in accordance with specifications in Bid Data Sheet under ITB Sub-Clause 12.1 (b).
Total Price1
Local
(1) x (2)
Birr
Section VII
Page - 18 / 80
Qty.
Description
(1)
Currency
1
Unit Price1
Foreign
Local
(2)
(3)
Total Price1
Foreign
(1) x (2)
Local
(1) x (3)
Section VII
Page - 19 / 80
Item
Description
Qty.
(1)
Unit Price1
Foreign
Local
(2)
(3)
Currency
whatsoever nature including grouting
material, taxes, duties levies and charges
payable in Federal Democratic Republic
of Ethiopia including operation and
maintenance services, materials used for
erection works, provision of operation and
maintenance manual, etc]
3
Training Services
TOTAL (to Schedule No.7 (a) Grand Summary)
Name of Bidder
______________________
Signature of Bidder
______________________
Specify currency in accordance with specifications in Bid Data Sheet under ITB Sub-Clause 12.1 (c)
Total Price1
Foreign
(1) x (2)
Local
(1) x (3)
Section VII
Page - 20 / 80
Total Price1
Foreign
Local
Description
Currency
Plant, Equipment, and Mandatory Spare Parts Supplied from Abroad (from
schedule 1(a)
Plant, Equipment, and Mandatory Spare Parts Supplied from Within the Employers
Country (from schedule 2 a)
Schedule No. 6 a)
Name of Bidder
______________________
Signature of Bidder
______________________
Specify currency in accordance with specifications in Bid Data Sheet under ITB Sub-Clause 12.1.
Section VII
Page - 21 / 80
Description
Co
de1
Qty.
(1)
Ex\works in
Foreign
currency
2
FOB
Port of
Shipment
in Foreign
currency2
(2 b)
Unit Price
Insurance
in Local
Currency
(2 a)
(3)
Transportation split
prices leading to DDU
Tendaho Site in
Foreign / Local
currency
(4)
Local
Ocean
transport
freight in
from port
FC / LC
of
loading
(4 a)
to
factory
site in
LC
4(b)
EXWorks
in
Foreign
currency
2
FOB
Port of
Shipment
in Foreign
currency2
(1) x (2b)
Insur
ance
in
Local
Curre
ncy
(1) x (2a)
(3)
Total Price
Transportation
split prices leading
to DDU Tendaho
Site in Foreign /
Local currency3
Ocean
freight
in FC /
LC
Local
transport
from port
of
loading
to factory
site in
LC3
Grand Total
TOTAL
Code
Country
Name of Bidder
Signature of Bidder
1
2
______________________
___________________
Bidders shall enter a code representing the country of origin of all imported plant and equipment.
Specify currency.
Total in FC
Total in LC
Section VII
Page - 22 / 80
Description
Code1
Qty.
(1)
Currency
2400
2401-1 : 1.1
to 1.15
2401-2
2401-3 : 3.1
to 3.3.10
3.4 : 3.4.1 to
3.4.5
3.5 : 3.5.1 to
3.5.9.3
3.6 : 3.6.1 to
3.6.10
3.7 : 3.7.1 to
3.7.10
Steam Turbine
Speed reducing gear box
Alternator and Exciter
Alternator Breaker Panel
Three
sets
Three
Three
sets
Lot
Circuit Breakers
Lot
Lot
Lot
Unit Price2
EX
FOB
Works
Port of
Shipment
(2)
(3)
Total Price2
EX
FOB
Works
Port of
Shipment
(1) x (2)
(1) x (3)
Lot
Lot
Lot
Lot
Lot
Lot
2104
1.1
1.2
1.3
1.4
1.5
1.7
1.8
1.11
1.12
1.13
1.17
Lot
Lot
Lot
Lot
Lot
Lot
Lot
Lot
Lot
Lot
Lot
Lot
Section VII
Page - 23 / 80
1.18
1.19
1300
1301
De-superheater
steam
(a)
Three
1302
Three
2421: 1.1
2421: 1.2
for
bar
Lot
Lot
Co-generation
One
One
Lot
Lot
Lot
Lot
Total
Mandatory Spares
Lot
Section VII
Page - 24 / 80
Country
Name of Bidder
______________________
Signature of Bidder
______________________
Bidders shall enter a code representing the country of origin of all imported plant and equipment.
Specify currency.
3
To detail where lot is indicated
2
Section VII
Page - 25 / 80
Section VII
Page - 26 / 80
Schedule No. 2 (b): Plant, Equipment, and Mandatory Spare Parts Supplied from Within the Employers Country
for DIFFUSER OPTION - 2
POWER GENERATION PLANT
[Bidder to indicate any of the equipment which it is supplying from Employers Country]
Item
Description
Qty.
Unit Price1
Total Price1
(1)
EXW
(2)
EXW
(1) x (2)
Currency
Name of Bidder
______________________
Signature of Bidder
______________________
Specify currency in accordance with specifications in Bid Data Sheet under ITB Sub-Clause 12.1 (b).
Section VII
Page - 27 / 80
Qty.
Description
(1)
Currency
Unit Price1
Foreign
Local
(2)
(3)
Birr
Name of Bidder
______________________
Signature of Bidder
______________________
Specify currency in accordance with specifications in Bid Data Sheet under ITB Sub-Clause 12.1 (b).
Total Price1
Foreign
Local
(1) x (2)
(1) x (3)
Birr
Section VII
Page - 28 / 80
Qty.
Description
(1)
Currency
Unit Price1
Foreign
Local
(2)
(3)
Birr
Name of Bidder
______________________
Signature of Bidder
______________________
Specify currency in accordance with specifications in Bid Data Sheet under ITB Sub-Clause 12.1 (b).
Total Price1
Foreign
Local
(1) x (2)
(1) x (3)
Birr
Section VII
Page - 29 / 80
Qty.
Description
(1)
Currency
Local
(2)
Birr
Name of Bidder
______________________
Signature of Bidder
______________________
Specify currency in accordance with specifications in Bid Data Sheet under ITB Sub-Clause 12.1 (b).
Total Price1
Local
(1) x (2)
Birr
Section VII
Page - 30 / 80
Qty.
Description
(1)
Currency
1
Unit Price1
Foreign
Local
(2)
(3)
Total Price1
Foreign
(1) x (2)
Local
(1) x (3)
Section VII
Page - 31 / 80
Item
Description
Qty.
(1)
Unit Price1
Foreign
Local
(2)
(3)
Currency
whatsoever nature including grouting
material, taxes, duties levies and charges
payable in Federal Democratic Republic
of Ethiopia including operation and
maintenance services, materials used for
erection works, provision of operation and
maintenance manual, etc]
3
Training Services
TOTAL (to Schedule No.7 (b) Grand Summary)
Name of Bidder
______________________
Signature of Bidder
______________________
Specify currency in accordance with specifications in Bid Data Sheet under ITB Sub-Clause 12.1 (c)
Total Price1
Foreign
(1) x (2)
Local
(1) x (3)
Section VII
Page - 32 / 80
Total Price1
Foreign
Local
Description
Currency
Plant, Equipment, and Mandatory Spare Parts Supplied from Abroad (from
schedule 1(b)
Plant, Equipment, and Mandatory Spare Parts Supplied from Within the Employers
Country (from schedule 2 b)
Name of Bidder
______________________
Signature of Bidder
______________________
Specify currency in accordance with specifications in Bid Data Sheet under ITB Sub-Clause 12.1.
Section VII
Page - 33 / 80
Description
Co
de1
Qty.
(1)
Ex\works in
Foreign
currency
2
FOB
Port of
Shipment
in Foreign
currency2
(2 b)
Unit Price
Insurance
in Local
Currency
(2 a)
(3)
Transportation split
prices leading to DDU
Tendaho Site in
Foreign / Local
currency
(4)
Local
Ocean
transport
freight in
from port
FC / LC
of
loading
to
(4 a)
factory
site in
LC
4(b)
EXWorks
in
Foreign
currency
2
FOB
Port of
Shipment
in Foreign
currency2
(1) x (2b)
Insur
ance
in
Local
Curre
ncy
(1) x (2a)
(3)
Total Price
Transportation
split prices leading
to DDU Tendaho
Site in Foreign /
Local currency3
Ocean
freight
in FC /
LC
Local
transport
from port
of
loading
to factory
site in
LC3
Grand Total
TOTAL
Code
Country
Name of Bidder
Signature of Bidder
1
2
______________________
___________________
Bidders shall enter a code representing the country of origin of all imported plant and equipment.
Specify currency.
Total in FC
Total in LC
Section VII
Page - 34 / 80
_________________
(a)
has withdrawn its Bid during the period of bid validity specified by the
Bidder in the Form of Bid; or
(b)
Section VII
Page - 35 / 80
(c)
having been notified of the acceptance of its Bid by the Employer during the
period of bid validity, (i) fails or refuses to execute the Contract Form, if
required, or (ii) fails or refuses to furnish the performance security, in
accordance with the ITB.
This guarantee will expire: (a) if the Bidder is the successful bidder, upon our receipt of
copies of the contract signed by the Bidder and the performance security issued to you upon
the instruction of the Bidder; or (b) if the Bidder is not the successful bidder, upon the earlier
of (i) our receipt of a copy of your notification to the Bidder of the name of the successful
bidder; or (ii) twenty-eight days after the expiration of the Bidders Bid.
Consequently, any demand for payment under this guarantee must be received by us at the
office on or before that date.
This guarantee is subject to the Uniform Rules for Demand Guarantees, ICC Publication No.
458.
_____________________________
[signature(s)]
Section VII
Page - 36 / 80
BETWEEN
Tendaho Sugar Factory Project, a company incorporated under the laws of Federal
Democratic Republic of Ethiopia and having its principal place of business at P. O. Box.
2574, 6th Floor, Bole Road, Addis Ababa, Ethiopia, (hereinafter called the Employer), and
(2) [name of Contractor] .. .. a corporation incorporated
under the laws of .. . [country of Contractor] and having its principal
place of business at . ..[address of Contractor] (hereinafter called the
Contractor).
WHEREAS the Employer desires to engage the Contractor to design, manufacture, test,
deliver, install, complete and commission certain Facilities, viz. POWER GENERATION
PLANT (the Facilities) and the Contractor have agreed to such engagement upon and
subject to the terms and conditions hereinafter appearing.
NOW IT IS HEREBY AGREED as follows:
Article 1.
Contract
Documents
1.1
1.2
(a)
(b)
(c)
(d)
(e)
(f)
(g)
Section VII
Page - 37 / 80
Article 2.
Contract Price
and Terms of
Payment
2.1
[amount
of
foreign
currency
in
words],
..[amount
in
figures]
and
[amount
of
Local
currency in words], ..[amount in figures] as
specified in Price Schedule No. 7 (Grand Summary), or such
other sums as may be determined in accordance with the terms
and conditions of the Contract.
2.2
Section VII
Page - 38 / 80
Article 3.
Effective Date for
Determining Time
for Completion
3.1
(b)
(c)
(d)
Each party shall use its best efforts to fulfil the above conditions
for which it is responsible as soon as practicable.
Article 4.
Appendixes
3.2
If the conditions listed under 3.1 are not fulfilled within two (2)
months from the date of this Contract notification because of
reasons not attributable to the Contractor, the parties shall
discuss and agree on an equitable adjustment to the Contract
Price and the Time for Completion and/or other relevant
conditions of the Contract.
4.1
4.2
IN WITNESS WHEREOF the Employer and the Contractor have caused this Agreement to
be duly executed by their duly authorized representatives the day and year first above
written.
Signed by, for and on behalf of the Employer
[Signature]
[Title]
in the presence of
[Signature]
[Title]
in the presence of
APPENDIXES
Appendix 1
Appendix 2
Appendix 3
Appendix 4
Appendix 5
Appendix 6
Appendix 7
Appendix 8
Section VII
Page - 39 / 80
Section VII
Page - 40 / 80
Section VII
Page - 41 / 80
Interest free advance payment equal to twenty percent (20%) of the amount
in the schedules of prices for the transportation (sea) of the plant against a
bank guarantee.
Eighty percent (80%) of the amount in the schedule of prices for sea
transportation upon delivery of the plant at port of landing, following the
presentation of any valid documentation proving receipt of Plant at Port of
landing . Bank guarantee shall be released upon the presentation of any valid
documentation proving receipt of Plant at Port of landing
Hundred percent (100%) of the amount in the schedule of prices for sea
transportation upon delivery of the plant at port of landing, following the
presentation of any valid documentation proving receipt of Plant at Port of
landing .
Hundred percent (100%) of the amount in the schedule of prices for Inland
transportation from Port of Djibouti & upon delivery of the plant at Project site
at Tendaho, following the presentation of any valid documentation proving
provisional acceptance of plant at site of erection.
Section VII
Page - 42 / 80
Section VII
Page - 43 / 80
Section VII
Page - 44 / 80
Section VII
Page - 45 / 80
Cargo Insurance
Covering loss or damage occurring, while in transit from the suppliers or
manufacturers works or stores until arrival at the Site, to the Facilities (including spare
parts therefore) and to the construction equipment to be provided by the Contractor or
its Subcontractors.
Amount
Deductible limits
Parties insured
From
To
(b)
Section VII
Page - 46 / 80
(d)
Deductible limits
Parties insured
-Nil
- Contractor
(e)
Workers Compensation
In accordance with the statutory requirements applicable in Ethiopia.
(f)
Employers Liability
In accordance with the statutory requirements applicable in Ethiopia
(g)
Other Insurances
The Contractor is also required to take out and maintain at its own cost the other
insurances, if any:
Details:
Amount
Deductible limits
[in currency(ies)]
Parties insured
[names]
From
[place]
To
[place]
The Employer shall be named as co-insured under all insurance policies taken out by the
Contractor pursuant to GCC Sub-Clause 34.1, except for the Third Party Liability, Workers
Compensation and Employers Liability Insurances. The Contractors Subcontractors shall
be named as co-insured under all insurance policies taken out by the Contractor pursuant to
GCC Sub-Clause 34.1, except for the Cargo, Workers Compensation and Employers
Liability Insurances. All insurers rights of subrogation against such co-insured for losses or
claims arising out of the performance of the Contract shall be waived under such policies.
Section VII
Page - 47 / 80
Parties insured
[names]
From
[place]
To
[place]
Section VII
Page - 48 / 80
The basic considerations and the essence of the 'Contract' shall be the strict
adherence to the time schedule for completion of facilities.
2.
The time and the date of completion of the Facilities as stipulated in the bid
document shall be deemed to be the essence of the Contract. The Contractor shall
so organise his resources and perform this work so as to complete it not later than
the time agreed to.
3.
The Contractor shall submit a detailed PERT network for the time frame specified,
consisting of adequate number of activities covering various key phases of the
Contract such as design, procurement, manufacturing at works, despatch activities,
according to sequence of erection, testing and commissioning.
The Contractor shall discuss the network so submitted with the Employer and the
agreed network, which maybe in the form as submitted or in revised form in line with
the outcome of discussions shall form part of the Contract. If in the opinion of the
Employer / Project Manager proper progress is not maintained, suitable changes
shall be made in the Contractor's operations to achieve the time schedule specified in
the notification of award.
4.
The above PERT network shall be reviewed and periodic review reports shall be
submitted by the Contractor as desired by the Employer.
5.
Subsequent to effective date of contract, the Contractor shall make available to the
Employer within thirty (30) days a detailed manufacturing program, in line with the
agreed PERT network.
Such manufacturing program shall be reviewed, updated and submitted to the
Employer / Project Manager once in every two months thereafter.
6.
The Employer reserves the right to withhold payments for Contractor's failure to
comply with the above.
7.
The following salient features of time schedule laid out for major activities involved in
completion of facilities calculated from the effective date of contract till completion of
all the activities. Since the Contract is of turnkey nature [excluding civil works], the
time schedule indicated for all the activities up to and excluding Completion of
Facilities might have some variations at the Contractors end, suiting to
methodology / Planning of execution by the Contractor. But the contractor is
expected to adhere to time indicated for Completion of Facilities and this specific
time schedule will be considered as Completion date given in Bid Data Sheet [ITB
Clause 25.3 (b)] .The Contractor shall confirm that his Program of completion of
facilities shall be formulated accordingly.
Section VII
Page - 49 / 80
Salient features of the time schedule are furnished below. Effective date of Contract
has been considered as Zero date.
Sr.
No.
1.
Minimum
(Weeks)
0
Maximum
(Weeks)
0
10
12
16
20
24
40
44
56
64
78
82
Completion of Facilities
78
86
82
90
86
96
Section VII
Page - 50 / 80
Approved Subcontractors
Nationality
Section VII
Page - 51 / 80
General
1.1
1.2
All personnel, facilities, works and supplies will be provided by the Employer in good
time so as not to delay the performance of the Contractor, in accordance with the
approved Time
Schedule and Program of Performance pursuant to GCC SubClause 18.2.
1.3
Unless otherwise indicated, all personnel, facilities, works and supplies will be
provided free of charge to the Contractor.
2.
Scope
2.1
Personnel
Only operating and maintenance personnel will be provided after completion of
facilities onwards for trials, commissioning , guarantee tests and further regular
running.
2.2
Facilities
2.2.1
The Employer shall provide water for use of the Contractor for carrying out the works
at one point on the site. Further distribution of water for works shall be carried out by
the Contractor.
The Employer shall provide potable water, in the form and content as is available to
the employees of Employer, at one point on the area allocated for Contractor's staff
houses. The Contractor shall make his own arrangement for further distribution of
water to his staff houses.
The Contractor's labourers accommodated at the site, shall be provided free access
to the sources of water as are available to the Employer's labourers. Upon a written
request of the Contractor, the Employer shall allow him to supplement the existing
potable water facility for use of his labourers. The Contractor shall supplement the
existing facility at his own cost.
The Employer shall provide water for use as stated above free of charge.
Section VII
Page - 52 / 80
The Contractor shall inform the Project Manager, with a copy to the Employer, of the
estimated requirement of water for the Facilities and his staff houses and labour
camp.
The Contractor shall make arrangement of water storage at site for the Facilities and
for staff houses and labour camp at his own cost.
Not withstanding the above, the Employer shall not be responsible for any disruption
in the supply of water.
2.2.2
The site does not have provision of electricity supply from the state grid network. The
Employer will be installing Diesel Generators to meet the electricity needs of the site.
The Employer shall provide electrical power form the diesel generators at one point
on the site. The Contractor shall make his own arrangement for further distribution of
electrical power for the Works.
The Employer shall provide electricity, for lighting and domestic electrical gadgets, to
all the staff houses of the Contractor at one point on the area allocated for
Contractor's staff houses. The Contractor shall make his own arrangement for
further distribution of power for his staff houses.
The Contractor's labourers accommodated at the site, shall be allowed to use the
electricity to the extent it is used by the Employer's labourers accommodated in the
vicinity of such a site. The Employer may, upon request by the Contractor in writing,
allow him to augment the existing electric facility for use in his labour quarters.
The Contractor shall augment the electric facility for use in his labour quarters at his
own expense.
Employer shall provide electricity for the Works and to the Contractor's staff houses
and labour quarters free of charge. The Contractor shall use his best endeavours to
control and minimize the use of the electricity provided.
The Contractor shall inform to the Project Manager, with a copy to the Employer, of
the estimated requirement of electrical power for the Works, as well as Contractors
staff houses and labour camp. [This information must be submitted with the bid offer]
Not withstanding the above, the Employer shall not be responsible for disruptions in
the supply of electricity. The Contractor shall not claim loss of time due to any such
disruptions and shall make stand-by arrangement for any captive generation of
electricity that may be required to completion of works in accordance with the
Program.
Any temporary electrical installation work at the site, required for erection or
construction works, shall be approved by the electrical inspectorate of Government of
Section VII
Page - 53 / 80
The contractor shall make his own arrangement for accommodation for all the
categories of his staff for which the Employer will provide an area of land. Water and
electricity shall be provided by the employer at no cost (but subject to availability) to
the housing accommodation of contractors personnel.
The Contractor shall ensure that his employees do not misuse or waste the electricity
or water provided by the Employer.
The Contractor shall be responsible for maintaining high standards of sanitation and
health and shall take immediate corrective action when directed by the Employer or
the local authorities.
The Contractor upon completion of the Contract, remove all camps and housing
together with all associated services including all necessary water supplies and
installations for drinking and other purposes, sanitation, drainage, refuse disposal,
fencing and fire fighting equipment.
5.
All buildings and all sheds and temporary structures which the Contractor may erect
for his own purposes shall be erected only on land placed at the Contractors
disposal by the Employer. Such facilities in respect of design, situation, layout, water
supply, washing and cooking facilities, lighting, sanitary and health arrangements and
welfare be appropriate in all respects for their purpose, shall comply with relevant
laws and regulations and be subject to the approval of the Project Manager.
The Employer shall provide vacant land for storage of plant and machinery supplied
by the Contractor prior to their installation. It will be the responsibility of the
Contractor to deploy proper security staff, fence the area properly, and protect from
rain, protect from theft, etc.
2.
Subject to availability, the Employer may provide any closed storage areas for
storage of valuable components of plant and machinery. It will be the responsibility of
the Contractor to deploy proper security staff, protect from theft etc.
3.
In the event of non-availability of such closed storage areas from the Employer, the
Contractor shall make his own arrangements as a part of temporary works.
2.3
Facilities
2.3.1
The Employer will carryout all the related civil foundations and other related works of
the POWER GENERATION PLANT and ancillaries. However the Contractor is
Section VII
Page - 54 / 80
The Contractor shall make his own arrangements for carrying out any machine shop
facilities required during the erection and commissioning. In case of emergency, the
Employer subject to availability can make available existing machine shop facilities
on chargeable basis
2.4
Supplies
The Employer will not be making any of the supplies in the contract except for the
following.
-
2.5
Other responsibilities
The Employer shall provide possession of and access to all other areas reasonably
required for the proper execution of the Contract including all requisite rights of way.
The Employer shall give full possession of and accord all access thereto on or before
__________ [date to be mentioned while finalizing the contract]
Section VII
Page - 55 / 80
2.
General layout plan of the facilities [POWER GENERATION PLANT] at ground and
other levels showing terminal points. The POWER GENERATION PLANT shall be
accommodated in the space shown in the enclosed layout plan.
3.
4.
Detailed floor plan for the POWER GENERATION PLANT system [Mill / Diffuser]
showing equipment disposition, together with berthing diagrams, static and dynamic
loading at various levels, cut outs; openings and through holes for piping, location of
coolers, electric cabling, instrumentation cabling etc.; preferred location of switchgear,
MCCs and control panel and other details to permit design of Civil engineering works.
5.
Flow diagrams showing sizes of pipes, showing levels, location of all valves and fittings
for following
-
Steam
Service water
Cooling water
Drains
6.
7.
8.
9.
Section VII
Page - 56 / 80
Section VII
Page - 57 / 80
General
This Appendix sets out
2.
(a)
(b)
(c)
(d)
the formula for calculation of liquidated damages for failure to attain the functional
guarantees.
Preconditions
The Contractor gives the functional guarantees (specified herein) for the facilities,
subject to the following preconditions being fully satisfied:
The Qualifying preconditions for giving functional guarantees are as under.
The performance tests specified herein in terms of POWER GENERATION PLANT
throughput, shall be subject to following conditions.
(a) The Employer shall supply at the factory and in sufficient quantity the expendable
goods, fluids [except lubricants for initial filling] and material for the proper
operations of the POWER GENERATION PLANT.
(b) The employer will engage sufficient number of suitably qualified personnel to
supervise to maintain and run the POWER GENERATION PLANT under the
supervision of the contractor; It should be noted here that while the contractor to
take note of the existing skills available in the sugar industry, he should provide
WHATEVER training that is necessary.
(c) The Employer shall have the plant maintained in a satisfactory condition by his
personnel during the period after Completion of Facilities and prior to the
performance tests with essential spare parts available as supplied under
mandatory spares list.
Section VII
Page - 58 / 80
3.
Functional Guarantees
3.1
Power generation
Minimum Power production of 35.03 MW of power with steam flow of 205 t/hr steam
for each set, while operating in Mode A as specified by the employer
OR
The best possible power generation guaranteed by the supplier at the given duty
condition.
2.
Power generation
Minimum Power production of 35.43 MW of power with steam flow of 214 t/hr steam
for each set, while operating in Mode A as specified by the employer
OR
The best possible power generation guaranteed by the supplier at the given duty
condition.
2.
Section VII
Page - 59 / 80
4.
4.1
4.2
4.3
Minimum Levels
Notwithstanding the provisions of this paragraph, if as a result of the guarantee
test(s), the following minimum levels of performance guarantees (and utility
consumption guarantees) are not attained by the Contractor, the Contractor shall at
its own cost make good any deficiencies until the Facilities reach any of such
minimum performance levels, pursuant to GCC Sub-Clause 28.2:
(a) Net Output Power of the Facilities attained in the guarantee test: ninety-five
percent (95%) of the guaranteed figure;
Section VII
Page - 60 / 80
5.
(b)
Average total consumption of power of the Facilities: one hundred and five
percent (105%) of the guaranteed figures.
(c)
Limitation of Liability
Subject to Para. 4.3 above, the Contractors aggregate liability to pay liquidated
damages for failure to attain the functional guarantees shall not exceed ten percent
(10 %) of the Contract price.
6.
Duration of tests
Three tests of 24-hour test runs shall be carried out. In any test, any one stoppage
exceeding 30 minutes or a number of stoppages exceeding 2 hours in total shall
invalidate the test. The test runs need not be conducted on successive days. The
POWER GENERATION PLANT station shall be deemed to satisfy the above
warranty if the arithmetic mean of the results of three tests satisfies the guarantee of
throughput, efficiency and other parameters desired.
Section VII
Page - 61 / 80
_________________
(a)
(b)
a registered letter from the Contractor (i) attaching a copy of its notice
requesting issuance of the Operational Acceptance Certificate and (ii) stating
The Guarantor shall insert an amount representing the percentage of the Contract Price specified
in the Contract and denominated either in the currency(ies) of the Contract or a freely convertible
currency acceptable to the Employer.
Section VII
Page - 62 / 80
twenty four (24) months after our receipt of either (a) or (b) above; or
(b)
(c)
(i)
(ii)
(iii)
Consequently, any demand for payment under this guarantee must be received by us at this
office on or before that date.
[This text shall be revised as and where necessary to take into account (i) partial acceptance of
the Facilities in accordance with Sub-Clause GCC 25.4; and (ii) extension of the performance
security when the Contractor is liable for an extended warranty obligation pursuant to Sub-Clause
27.10 of the GCC (although in the latter case the Employer might want to consider an extended
warranty security in lieu of the extension of the performance security).]
[To insert the date twenty-eight days after the expected expiration date of the Defect Liability
Period. The Employer should note that in the event of an extension of the time for completion of
the Contract, the Employer would need to request an extension of this guarantee from the
Guarantor. Such request must be in writing and must be made prior to the expiration date
established in the guarantee. In preparing this guarantee, the Employer might consider adding the
following text to the form, at the end of the penultimate paragraph: The Guarantor agrees to a
one-time extension of this guarantee for a period not to exceed [six months][one year], in
response to the Employers written request for such extension, such request to be presented to
the Guarantor before the expiry of the guarantee.]
Section VII
Page - 63 / 80
Section VII
Page - 64 / 80
It is a condition for any claim and payment under this guarantee to be made that the
advance payment referred to above must have been received by the Contractor on his
Section VII
Page - 65 / 80
[name
and
address
of
The maximum amount of this guarantee shall be progressively reduced in proportion to the
value of each part-shipment or part-delivery of plant and equipment to the site, as indicated
in copies of the relevant shipping and delivery documents that shall be presented to us. This
guarantee shall expire, at the latest, upon our receipt of documentation indicating full
repayment by the Contractor of the amount of the advance payment, or on the ___ day of
_______, 20__, whichever is earlier.4 Consequently, any demand for payment under this
guarantee must be received by us at this office on or before that date.
This guarantee is subject to the Uniform Rules for Demand Guarantees, ICC Publication No.
458.
_____________________
[signature(s)]
Insert the expected expiration date of the Time for Completion. The Employer should
note that in the event of an extension of the time for completion of the Contract, the
Employer would need to request an extension of this guarantee from the Guarantor.
Such request must be in writing and must be made prior to the expiration date
established in the guarantee. In preparing this guarantee, the Employer might consider
adding the following text to the form, at the end of the penultimate paragraph: The
Guarantor agrees to a one-time extension of this guarantee for a period not to exceed
[six months][one year], in response to the Employers written request for such extension,
such request to be presented to the Guarantor before the expiry of the guarantee.
Section VII
Page - 66 / 80
___
However, you are required to complete the outstanding items listed in the attachment hereto
as soon as practicable.
This letter does not relieve you of your obligation to complete the execution of the Facilities
in accordance with the Contract nor of your obligations during the Defect Liability Period.
Very truly yours,
Title
(Project Manager)
Section VII
Page - 67 / 80
2.
This letter does not relieve you of your obligation to complete the execution of the Facilities
in accordance with the Contract nor of your obligations during the Defect Liability Period.
Very truly yours,
Title
(Project Manager)
General
Change Order Log
References for Changes
ANNEXES
Annex 1
Annex 2
Annex 3
Annex 4
Annex 5
Annex 6
Annex 7
Section VII
Page - 68 / 80
Section VII
Page - 69 / 80
General
This section provides samples of procedures and forms for implementing changes in
the Facilities during the performance of the Contract in accordance with GCC Clause
39 (Change in the Facilities) of the General Conditions of Contract.
2.
3.
(2)
(3)
(4)
(5)
Note: (a)
Requests for Change issued from the Employers Home Office and the
Site representatives of the Employer shall have the following respective
references:
Home Office
Site
(b)
CR-H-nnn
CR-S-nnn
The above number nnn is the same for Request for Change, Estimate
for Change Proposal, Acceptance of Estimate, Change Proposal and
Change Order.
Section VII
Page - 70 / 80
Date:
Contract Number:
[Contract number]
2.
3.
Originator of Change:
4.
5.
Facilities and/or Item No. of equipment related to the requested Change: [Description]
6.
Employer: [Name]
Contractor (by Application for Change Proposal No. [Number]5:
Description
7.
8.
(a)
Please submit your estimate to us showing what effect the requested Change will
have on the Contract Price.
(b)
Your estimate shall include your claim for the additional time, if any, for
completion of the requested Change.
Refer to Annex 7.
Section VII
Page - 71 / 80
If you have any opinion negative to the adoption of the requested Change in
connection with the conformability to the other provisions of the Contract or the
safety of the Plant or Facilities, please inform us of your opinion in your proposal
of revised provisions.
(d)
Any increase or decrease in the work of the Contractor relating to the services of
its personnel shall be calculated.
(e)
You shall not proceed with the execution of the work for the requested Change
until we have accepted and confirmed the amount and nature in writing.
(Employers Name)
(Signature)
(Name of signatory)
(Title of signatory)
Section VII
Page - 72 / 80
2.
3.
4.
5.
Engineering
(i)
(ii)
Engineer
Draftsperson
Sub-total
(Amount)
hrs x
hrs x
hrs
rate/hr =
rate/hr =
Other Cost
(Contractors Name)
(Signature)
(Name of signatory)
(Title of signatory)
Section VII
Page - 73 / 80
Section VII
Page - 74 / 80
Date:
(Employers Name)
(Signature)
(Name and Title of signatory)
Section VII
Page - 75 / 80
Date:
Attention: [Name and title]
Contract Name:
2.
3.
Originator of Change:
4.
5.
6.
Facilities and/or Item No. of Equipment related to the requested Change: [Facilities]
7.
Employer: [Name]
Contractor: [Name]
Description
Section VII
Page - 76 / 80
8.
Direct material
Major construction equipment
Direct field labour (Total
hrs)
Subcontracts
Indirect material and labour
Site supervision
Head office technical staff salaries
Process engineer
Project engineer
Equipment engineer
Procurement
Draftsperson
Total
(h)
(i)
(j)
hrs @
hrs @
hrs @
hrs @
hrs @
hrs
rate/hr
rate/hr
rate/hr
rate/hr
rate/hr
10.
11.
12.
Validity of this Proposal: within [Number] days after receipt of this Proposal by the
Employer
13.
Section VII
Page - 77 / 80
The amount of any increase and/or decrease shall be taken into account in the
adjustment of the Contract Price.
(c)
(Contractors Name)
(Signature)
(Name of signatory)
(Title of signatory)
Section VII
Page - 78 / 80
Date:
2.
3.
4.
Originator of Change:
5.
Authorized Price:
Employer: [Name]
Contractor: [Name]
7.
Authorized by:
Date:
(Employer)
Accepted by:
Date:
(Contractor)
Section VII
Page - 79 / 80
Date:
2.
3.
4.
5.
Facilities and/or Item No. of equipment related to the requested Change: [Facilities]
6.
7.
8.
9.
(Employers Name)
(Signature)
(Name of signatory)
(Title of signatory)
Description
dated: [Date]
Section VII
Page - 80 / 80
2.
3.
4.
5.
6.
7.
8.
Appendix:
(Contractors Name)
(Signature)
(Name of signatory)
(Title of signatory)
dated: [Date]