lump sum rate tender for survey, investigation, design,...

Tender No.E-80/2018; Technical Bid; Page: 1 of 225.

Mumbai Port Trust Civil Engineering Department

Tender No.E.80/2018

Lump sum Rate Tender for Survey, Investigation, Design, Construction, Testing AND Commissioning of Sewage Treatment Plant of 3.0 MLD Capacity at Tejas

Nagar Colony, Wadala in Mumbai Port Trust Estate

Tender Document

FIRST COVER – TECHNICAL BID

Any amendments to this Tender including the dates, corrigendum,

clarifications, if any etc. shall be posted ONLY on the website of

Mumbai Port Trust & the e-portal of Govt. of India

(www.mumbaiport.gov.in & www.eprocure.gov.in). Separate

newspaper advertisement will not be placed. The Tenderers are

required to keep themselves informed of the developments by

visiting websites regularly.

Civil Engineering Department 3rd floor, ‘Port House’

Shoorji Vallabhdas Marg Ballard Estate, Mumbai – 400 001 TELEPHONE No.: +91-22-66564039

FAX No.: +91-22–22616804 Website: http://www.mumbaiport.gov.in

http://www.mumbaiport.gov.in/

http://www.eprocure.gov.in/




Tender No.E.80/2018

Lump sum Rate Tender for Survey, Investigation, Design, Construction, Testing AND Commissioning of Sewage Treatment Plant of 3.0 MLD Capacity at Tejas

Nagar Colony, Wadala in Mumbai Port Trust Estate

TENDER SCHEDULE

Sl. No.

Particulars Date Time

1. Tender e-publication date 20.10.2018 10:00 Hrs.

2. Document Download start date 20.10.2018 10:00 Hrs.

3. Document Download End Date 15.11.2018 12:00 Hrs.

4. Pre-Bid Meeting Date 29.10.2018 15:00 Hrs.

4A. Pre-Bid Meeting Venue Conference Room, Project Office, Civil Engineering Dept., Mumbai Port Trust,

3rd floor, ‘Port House’, S.V. Marg, Ballard Estate, Mumbai – 400 001

5. Uploading of Replies to Pre-Bid Queries

03.11.2018 --

6. Bid Submission Start Date 22.10.2018 10:00 Hrs.

7. Bid Submission End Date 15.11.2018 15:00 Hrs

8. Technical Bid Opening Date 16.11.2018 15:00 Hrs.

9. Financial Bid Opening Date Will be Conveyed to qualified bidders subsequently



Tender No.E.80/2018

Lump sum Rate Tender for Survey, Investigation, Design, Construction, Testing AND Commissioning of Sewage Treatment Plant of 3.0 MLD Capacity at Tejas Nagar Colony, Wadala in Mumbai Port Trust Estate

Notice Inviting Tender

SALIENT FEATURES OF THE TENDER

Sl. No.

Particulars Details

1 Name of Work Tender No. E.80/2018 – Lumpsum Rate Tender for Survey, Investigation, Design, Construction, Testing AND Commissioning of Sewage Treatment Plant of 3.0 MLD Capacity at Tejas Nagar Colony, Wadala in Mumbai Port Trust Estate

2.* Scope of Work The work briefly comprises of:

Survey, Investigation, Design, Construction, Testing, Commissioning and Operation & Maintenance of Sewerage Treatment Plant (STP) of 3.0 MLD capacity

Other associated miscellaneous civil works.

3 Estimated Cost of work put to Tender

Rs.17,12,04,815/- (INR Seventeen crores Twelve lakhs Four thousand Eight hundred Fifteen only) inclusive of GST. Out of which, Estimated cost of Construction of STP is Rs.9,54,54,000/- & Estimated NPV of Operation & Maintenance for 10 years is Rs.7,57,50,815/-

4 Tender Fee Rs.10,500/- (inclusive of 5% GST )

5 Bid Security Rs.34,25,000/-

6 Security Deposit Performance security: 5% of bid project cost.

O & M security: 20% of bid project cost.

7 Land availability for construction of STP including all auxiliary facilities

2,500 sq. mtr.

8 Construction Period 12 months from the Effective Date (as defined in the General Conditions of Contract).

O&M period 10 years from the date of commissioning of the STP.

9 Mobilisation advance 10% of the project cost


10 Construction payment Four instalments of 25% each during the construction period.

11 O&M Payment Monthly with escalation provision

12 Liquidate damages 0.1% of performance security per day

13 Validity of Offer 180 days from the Bid Due Date



Tender No.E.80/2018 Lumpsum Rate Tender for Survey, Investigation, Design, Construction,

Testing AND Commissioning of Sewage Treatment Plant of 3.0 MLD Capacity at Tejas Nagar Colony, Wadala in Mumbai Port Trust Estate

Contents of Tender Document

Sl. No. Contents

1 Notice Inviting Tender

2 Contents of Tender Document

3 Tender Notice

4 Instructions for Online Bid submission

5 Instructions to Bidders (ITB)

6 Appendix IA - Letter Comprising the Technical Bid

6(i) Appendix IA : Annex-I – Organizational Details of Bidder

6(ii) Appendix IA : Annex-II – Technical, Financial and Other Requirements

6(iii) Appendix IA : Annex-III – Certificate from statutory auditor/CA

6(iv) Appendix IA : Annex-IV – Statement of Legal Capacity

7 Appendix II – Bank Guarantee for Bid Security

8 Appendix III – Format for Power of Attorney for signing of Bid

9 Appendix IV – Format for Power of Attorney for Lead Member of Consortium

10 Appendix V – Format for Joint Bidding Agreement for Consortium

11 Appendix VI – Letter of Award

12 Appendix VII – Integrity Pact

13 Conditions of Contract Part I – General Conditions of Contract (GCC)

14 Annexure-1 : Performance Security/ O&M Security Format

15 Annexure-2 : Preliminary Drawings

16 Annexure-3 : Intentionally Deleted

17 Annexure-4 : Bank Guarantee Form' For Mobilization Advance

18 Annexure-5 : Milestone Completion Certificate

19 Annexure-6 : Final Construction Completion Certificate

20 Annexure-7 : Salient Features of Some Major Labour Laws Applicable

21 Annexure-8 : Construction Safety

22 Conditions of Contract Part II – Special Conditions of Contract (SCC)

23 Annexure-9 : KPIs for Operation and Maintenance

24 Annexure-10 : Specifications for Sewage Related Jobs

25 Annexure-11 : Agreement Form



Tender No.E.80/2018

Lumpsum Rate Tender for Survey, Investigation, Design, Construction, Testing AND Commissioning of Sewage Treatment Plant of 3.0 MLD Capacity at Tejas Nagar Colony, Wadala in Mumbai Port Trust Estate

TENDER NOTICE

1. Invitation:

1.1. Digitally signed and uploaded, Online bids under Single Stage Two Cover

system are invited by the Chief Engineer on behalf of Trustees of the Port of

Mumbai (also referred to as Mumbai Port Trust or MbPT) from the

experienced, resourceful firms with proven technical and financial capabilities

of executing the work of Lumpsum Rate Tender for Survey, Investigation,

Design, Construction, Testing AND Commissioning of Sewage Treatment Plant

of 3.0 MLD Capacity at Tejas Nagar Colony, Wadala in Mumbai Port Trust

Estate.

1.2. Interested eligible Tenderers may obtain further information and inspect the

Tender Documents at the e-Procurement website https://eprocure.gov.in.

This website can also be accessed by clicking the link at MbPT’s Website

http://www.mumbaiport.gov.in.

1.3. The Tender is to be submitted under two cover system, the first cover

containing technical information and second cover containing the Financial

Bid.

2. Brief Description of Bidding Process:

2.1. Eligibility and qualification of the Bidder (The “Bidder”, which expression shall,

unless repugnant to the context, include the members of the Consortium) will

be first examined based on the details submitted under first cover (“Technical

Bid”) with respect to eligibility and qualifications criteria prescribed in this

Tender. The Financial bid under the second cover (“Financial Bid”) shall be

opened of only those Bidders whose Technical Bids are responsive to eligibility

and qualifications requirements as per this Tender.

2.2. The Bid shall be valid for a period of 180 days from the date of Submission of

Bids.

https://eprocure.gov.in/



2.3. The notice inviting tender, tender notice, instructions for online bid

submission, the instructions to bidders (ITB) and all appendices herein shall

mean the tender document. The complete tender documents shall include the

Conditions of Contract for the Project which is enclosed herein. The aforesaid

tender documents and any addenda issued subsequent to this will be deemed

to form part of the tender documents (“Tender Document”).

2.4. During the Bid Stage, Bidders are advised to examine the Project in greater

detail, and to carry out, at their cost, such studies as may be required for

submitting their respective Bids for award of the contract including

implementation of the Project.

2.5. The Financial Bid shall be based on the lowest evaluated Lump sum cost

sought by the Bidder for implementation of the Project, to be determined as

per mechanism set forth below in this clause. The Bidder shall be required to

quote the following costs in format referred in Second Cover - Financial Bid to

be paid in accordance with the procedure laid down in the Conditions of

Contract, [in Lump sum, and not item wise]:

i) The Cost of Works to be incurred for the Project (“Capex”);

ii) The Operations and Maintenance Cost (“O&M Fee”) sought for each year

for 10 years after successful completion of works (“O&M Period”)

iii) The Cost of Power Consumption for each year of the O&M Period (“Power

Consumption”) of 10 years.

iv) The cost of land required for setting up the STP. The bidders are required

to clearly mention in their bids, the land area which shall be utilised by

them for underground and over ground installations separately. MbPT

intends to utilise the underground installations land area for parking, in

which case rebate will be applied to the quoted price for the amount of

land area that can be utilised for parking @Rs.515.16 per Sq.M. per year

Based on the above components quoted by the Bidders in the Financial Bid (in

the format contained in Second Cover - Financial Bid) for the Project, the

Bidder shall calculate the Bid Price using the following formula:

Lump-sum cost for the Bid (“Bid Price”) = Lump sum cost of Construction (A)

+ NPV of O&M Cost of 10 Years (B) + NPV of Cost of Power for O&M for 10

years (C)+ Cost of Land required (D) – Rebate for underground land area (E).

The only criterion for evaluation and comparison of the Financial Bid will be

the lowest evaluated Bid Price.


2.6. A Lump sum offer shall be quoted in figures as well as in words. If any

difference in figures and words found, lower of the two shall be taken as valid

and correct. The Bidder shall have to quote rates exclusive of all duties, taxes,

royalties and other levies. Generally, the Bidders meeting the Qualifications

Criteria and quoting the lowest evaluated Bid Price (“Lowest Bidder”) shall be

the Selected Bidder. The remaining Bidders shall be kept in reserve and may,

in accordance with the process specified in Tender, be invited to match the

Bid submitted by the Lowest Bidder in case such Lowest Bidder withdraws or

is not selected for any reason. In the event that none of the other Bidders

match the Bid of the Lowest Bidder, the Authority may, in its discretion, either

invite fresh Tenders from the remaining Bidders or annul the Bidding Process.

2.7. The Contract Period shall be pre-determined, and is indicated in the draft

Conditions of Contract forming part of the Tender Documents.

2.8. Other details of the process to be followed under this Bidding Process and the

terms thereof are spelt out in this Tender document.

2.9. Any queries or request for additional information concerning this Tender shall

be submitted only through e-mail at [email protected] and

[email protected] and [email protected]. The subject of

communication shall be: "Queries/ Request for Additional Information:

Tender No.E-80/2018. However, minor queries/ doubts/ information may be

obtained over telephone Nos.: 66564039/ 66564509/ 66564534.

3. Salient Features of the Work are as under:

3.1. Scope of the work:

3.1.1. Background:

India is the sixteenth largest maritime country in the world, with a coastline of

about 7,517 km having 12 major and 205 notified minor and intermediate

ports. The Indian ports and shipping industry plays a vital role in sustaining

growth in the country’s trade and commerce.

To ensure sustainable growth, Ministry of Shipping has initiated green port

initiative for making the Major Ports more clean and green in environment

perspective.

In furtherance of the above, the Board of Trustees of the Mumbai Port Trust

(“Authority” or “Employer”) has been taking multiple steps to ensure

wastewater management inside its estates.

mailto:[email protected]




Mumbai Port receives water from Municipal Corporation of Greater Mumbai

and the sewage generated from the MbPT is currently being discharged to the

municipal sewers. MbPT estate is developed in a vast area and it is not feasible

to collect all the wastewater of MbPT at centralized location for treatment.

Therefore, MbPT intends to withdraw and treat the 3 MLD raw sewage from

Wadala Pumping station of MCGM.

In this regard, authority intends to commission sewerage treatment plant of

capacity up to 3 MLD at Tejas Nagar Colony, Wadala, Mumbai Port Trust in

such a way that the effluent satisfies the Treated Water Standards (as defined

and specified in the Contract) provided in this Tender document and finally,

the treated water will be re-used inside or outside the port premises for non-

potable applications.

The authority has decided to carry out the bidding process for selection of a

private entity as the Bidder to whom the Project may be awarded.

The estimated cost put to tender is Rs.17,12,04,815.00 (INR Seventeen crores

Twelve lakhs Four thousand Eight hundred Fifteen only), Out of which

estimated cost of Construction cost of STP is Rs.9,54,54,000.00 (INR Nine

Crores and Fifty Four Lakhs Fifty Four thousands only) and estimated NPV of

Operation & Maintenance for 10 years is Rs.7,57,50,815.00 (INR Seven Crores

and Fifty Seven Lakhs Fifty thousand Eight hundred Fifteen only) (“Estimated

Cost of Works/ Construction Cost”).

3.1.2. Terms of Reference/ Scope of Work:

The detailed scope of work, hereinafter referred to as “Work” is “Survey,

Investigation, Design, Construction Testing and Commissioning of waste water

collection, treatment and reuse System (Sewerage Project) and its operation

and maintenance for a period of 10 years after completion of construction

work. A brief description of project is as given below:

A) Survey, Investigation, Design, Construction, Testing, Commissioning and

Operation of Sewerage Treatment Plant (STP) of 3.0 MLD capacity

B) Construction, supply, erection and commissioning of RCC sumpwell

alongwith providing and installation of pumps from sumpwell to STP.

C) Supply, erection and commissioning of pumps in screening channel at

Wadala Pumping station to withdraw and pump the 3 MLD screened raw

sewage from Wadala pumping station to Tejas Nagar colony.


D) Proving, Laying and railways track crossing of sewer pumping main from

Wadala Pumping station to Tejas Nagar colony through trench less

excavation methods.

E) Construction, supply, erection and commissioning of clear water reservoir

(CRW) along with providing and installation of pump and other necessary

arrangements to convey the water from CRW to water tankers for reuse

of treated water.

F) Provision for disposal of surplus treated water into nearest drain.

G) The construction shall be ensured in such a way that there is minimum

possible inconvenience to the public and the traffic. The reconstruction of

roads will be carried out to original surface and pavement conditions.

The Bidder shall make its own choice for process of Sewage Treatment but the

technology for Sewage Treatment should be proven technology, in working

position for two consecutive years during the last 7 financial years ending

30.09.2018 as specified in the eligibility criteria. The proposed technology for

the biological treatment in the proposed Sewage Treatment Plant should be

based on:

a) The availability of land already identified by the Employer.

b) Treated Water Standards should meet the standards set out by in

Annexure-9.

c) Reuse of the treated water in community purposes like horticulture/

gardening, road side irrigation, road washing, irrigation purposes and fire-

fighting etc. Also use for irrigation and industrial purposes should be

explored.

3.1.3. The Selected Bidder, shall act as the Contractor (the “Contractor”), who shall

be responsible for survey, investigation, development, operation,

management, designing, engineering, procurement, construction, and

maintenance of the Project under and in accordance with the provisions of

the agreement (the “Conditions of Contract” or “Contract”) to be entered into

between the Contractor and the Authority in the form provided by the

Authority as part of the Tender Documents pursuant thereto.

3.1.4. The work shall have to be executed in accordance with the specifications and

drawings specified in the Conditions of Contract, and shall have to meet high

standards of workmanship, safety and security of workmen and works.

3.1.5. The Conditions of Contract sets forth the detailed terms and conditions for

grant of the works to the Contractor, including the scope of the Contractor’s

services and obligations (the “Works”).


3.1.6. The statements and explanations contained in this Tender Document are

intended to provide a better understanding to the Bidders about the subject

matter of this Tender Document and should not be construed or interpreted

as limiting in any way or manner the scope of services and obligations of the

Contractor set forth in the Conditions of Contract or the Authority’s rights to

amend, alter, change, supplement or clarify the scope of work, the Contract

to be awarded pursuant to this Tender Document or the terms thereof or

herein contained. Consequently, any omissions, conflicts or contradictions in

the Tender Documents are to be noted, interpreted and applied appropriately

to give effect to this intent, and no claims on that account shall be entertained

by the Authority.

3.1.7. The Authority shall receive bids pursuant to and in accordance with the terms

set forth in this Tender and other documents to be provided by the Authority

pursuant to this Tender and all Bids shall be prepared and submitted in

accordance with such terms on or before the Bid due date specified for

submission of Bids (the “Bid Due Date”).

4. Procedure for obtaining Tender Documents:

4.1. Interested Tenderers will have to download the Tender document from MbPT

website www.mumbaiport.gov.in and/or www.eprocure.gov.in. The Bidder

shall pay to the Authority a sum of INR 10,500/- (Rupees Ten Thousand Five

Hundred only) (Inclusive of GST 5%) as the cost of the Tender process (“Tender

Fee"). The Tender Fee shall be in the form of a demand draft issued by a

Scheduled Bank in India, drawn in favour of “The Board of Trustees of the Port

of Mumbai” payable at Mumbai. The Bidder is required to deposit, along with

its Bid, a Bid Security 2% of Bid Project Cost (the "Bid Security"), refundable

not later than [90 (Ninety)] days from the Bid Due Date, except in the case of

the Selected Bidder whose Bid Security shall be retained till it has provided a

Performance Security as provided under the Conditions of Contract. The

Bidders shall have to provide Bid Security in the form of a Bank Guarantee and

the validity period of the Bank Guarantee shall not be less than [180 (One

Hundred and Eighty)] days from the Bid Due Date and may be extended as

may be mutually agreed between the Authority and the Bidder from time to

time. The Bid shall be summarily rejected if it is not accompanied by the Bid

Security. The format for Bank Guarantee has been provided in Appendix-II of

this document. The downloading of the Tender Documents shall be carried

out strictly as provided on the web site. No editing, addition / deletion of

matter shall be permitted, if such action is observed at any stage, such offer is

liable for outright rejection.


http://www.eprocure.gov.in/


4.2. The Bidder is responsible to download Addendums / Amendments / Errata /

replies to the queries of the Bidder etc. if any, issued by the Employer, from

web site before the submission of the Bid Document. Any shortfall in

submissions of the said Addendum/ Amendments/ Errata/ replies to the

queries of the bid document, etc. along with the downloaded documents

while submitting the bid documents will not be considered. Incomplete Bid

documents shall be rejected outright.

5. Bid Submission

5.1. The detailed procedure for online bid submission has been provided in

“Instructions for Online Bid Submission” of this Tender.

5.2. Along with the online bid submission, bidders must also submit sealed cover

containing hard copies of the following documents in accordance with the

‘Instructions for preparation and submission of tenders’ contained in this

tender document & should be placed in the tender box (marked ‘Tender No.E-

80/2018’) kept outside the cabin of the Imprest Clerk, Civil Engineering

Department, Mumbai Port Trust, 3rd floor, Port Bhavan, Shoorji Vallabhdas

Marg, Ballard Estate, Mumbai - 400 001 upto due date and time.

5.3. Bids not accompanied by hard copies of EMD, Tender Fee will be treated as

non-responsive. On-line bids of such tenderers will be rejected and shall not

be opened.

5.4. The tender documents are NOT TRANSFERABLE.

5.5. Tenderers can also send by post, sealed cover containing the EMD & Tender

Fee. The sealed cover should have title ‘Tender No.E-80/2018 – ‘Lumpsum

Rate Tender for Survey, Investigation, Design, Construction, Testing AND

Commissioning of Sewage Treatment Plant of 3.0 MLD Capacity at Tejas Nagar

Colony, Wadala in Mumbai Port Trust Estate’ - Hard copies. The sealed cover

should be addressed to “Imprest Clerk, Civil Engineering Department, Port

Bhavan, S.V. Marg, Ballard Estate, Mumbai – 400001.”. The sealed cover

should reach the Imprest Section before 15:00 Hrs. (IST). Sealed covers

received after due date and time will be considered as late bids and will not

be accepted and for such tenderers on-line bids will not be opened. MbPT

shall not be responsible for late receipt of any bid due to postal delay or any

other delay for whatsoever reasons.


Sr.

No. Documents to be submitted online

Documents to be

submitted in

physical mode

(Hard Copy)

1 Scanned copy of the submitted Demand Draft for

Tender fees

Demand Draft

towards Tender

Fees

2 Scanned copy of the submitted Demand Draft OR

Bank Guarantee for Bid Security

Demand Draft

towards Bid

Security

3. Scanned copy of Letter of Application (On the

Letter Head of the Bidder):

AND Scanned and Signed copies of the following:

(a) Appendix-IA (Letter comprising the Technical Bid)

including Annexure I to IV and supporting

certificates/ documents;

(b) Power of Attorney for signing the Bid as per the

format at Appendix-III;

(c) if applicable, Power of Attorney for Lead

Member of Consortium as per the format at

Appendix-IV;

(d) if applicable, Joint Bidding Agreement for

Consortium as per the format at Appendix-V;

(e) copy of Memorandum and Articles of Association

along with registration certificate, if the Bidder is

a Limited Company, and if a partnership firm

then a copy of its partnership deed;

(f) Copies of Bidder’s duly audited balance sheet

and profit and loss statement for preceding 3

years.

(g) Scanned copy of Supporting Documents for

Eligibility criteria mentioned in Tender Notice for

similar completed works.

(h) Scan copy of Integrity Pact Agreement

ONLINE

SUBMISSION

ONLY.

HARD COPIES

NOT REQUIRED

4. Soft copy of complete Tender Set duly filled and

signed at required places


5. Soft copy of Complete SECOND COVER duly filled

and signed at required places

5.6. Financial Bid: The bidder shall submit his offer in the format provided in

Financial Bid in Second Cover Financial Bid and no other format is acceptable.

The Financial bid has been given as PDF file with the Tender Document and

the same is to be downloaded and filled by the bidder. The bidder should

submit the scanned Financial Bid after filling all the figures according to the

Instructions for Online Bid Submission and instructions at e-Procurement

website https://eprocure.gov.in. Financial Bid should not be submitted in hard

copy format in any case.

5.7. Bids will not be considered in case the Bid Security and or Tender Fee is not

submitted in the form and manner described above.

Chief Engineer

Mumbai Port Trust

*****

https://eprocure.gov.in/



Tender No.E.80/2018


Instructions for Online Bid Submission

The tenderers are required to submit soft copies of their bids electronically on the CPP Portal, using valid Digital Signature Certificates. The instructions given below are meant to assist the tenderers in registering on the CPP Portal, prepare their bids in accordance with the requirements and submitting their bids online on the CPP Portal. More information useful for submitting online bids on the CPP Portal may be obtained at: https://eprocure.gov.in/eprocure/app (A) REGISTRATION (1) Tenderers are required to enrol on the e-Procurement module of the Central

Public Procurement Portal (URL: https://eprocure.gov.in/eprocure/app) by clicking on the link “Online bidder Enrolment” on the CPP Portal which is free of charge.

(2) As part of the enrolment process, the tenderers will be required to choose a unique username and assign a password for their accounts.

(3) Tenderers are advised to register their valid e-mail address and mobile numbers as part of the registration process. These would be used for any communication from the CPP Portal.

(4) Upon enrolment, the tenderers will be required to register their valid Digital Signature Certificate (DSC) (Class II or Class III Certificates with signing key usage) issued by any Certifying Authority recognized by CCA India (e.g. Sify / nCode / eMudhra etc.), with their profile.

(5) Only one valid DSC should be registered by a tenderer. Please note that the tenderers are responsible to ensure that they do not lend their DSC’s to others which may lead to misuse.

(6) Tenderer then logs in to the site through the secured log-in by entering their user ID / password and the password of the DSC / e-Token.

(B) SEARCHING FOR TENDER DOCUMENTS (1) There are various search options built in the CPP Portal, to facilitate tenderers to

search active tenders by several parameters. These parameters could include Tender ID, Organization Name, Location, Date, Value, etc. There is also an option of advanced search for tenders, wherein the tenderers may combine a number of search parameters such as Organization Name, Form of Contract, Location, Date, Other keywords etc. to search for a tender published on the CPP Portal.

https://eprocure.gov.in/eprocure/app


(2) Once the tenderers have selected the tenders they are interested in, they may download the required documents / tender schedules. These tenders can be moved to the respective ‘My Tenders’ folder. This would enable the CPP Portal to intimate the tenderers through SMS / e-mail in case there is any corrigendum issued to the tender document.

(3) The tenderer should make a note of the unique Tender ID assigned to each tender, in case they want to obtain any clarification / help from the Helpdesk.

(C) PREPARATION OF BIDS (1) Tenderer should take into account any corrigendum published on the tender

document before submitting their bids. (2) Please go through the tender advertisement and the tender document carefully

to understand the documents required to be submitted as part of the bid. Please note the number of covers in which the bid documents have to be submitted, the number of documents - including the names and content of each of the document that need to be submitted. Any deviations from these may lead to rejection of the bid.

(3) Tenderer, in advance, should get ready the bid documents to be submitted as indicated in the tender document / schedule and generally, they can be in PDF / XLS / RAR / DWF/JPG formats. Bid documents may be scanned with 100 dpi with black and white option which helps in reducing size of the scanned document.

(4) To avoid the time and effort required in uploading the same set of standard documents which are required to be submitted as a part of every bid, a provision of uploading such standard documents (e.g. PAN card copy, annual reports, auditor certificates etc.) has been provided to the tenderers. Tenderers can use “My Space” or ‘’Other Important Documents’’ area available to them to upload such documents. These documents may be directly submitted from the “My Space” area while submitting a bid, and need not be uploaded again and again. This will lead to a reduction in the time required for bid submission process.

(D) SUBMISSION OF BIDS (1) Tenderer should log into the site well in advance for bid submission so that they

can upload the bid in time i.e. on or before the bid submission time. Tenderer will be responsible for any delay due to other issues.

(2) The tenderer has to digitally sign and upload the required bid documents one by one as indicated in the tender document.

(3) Tenderer has to select the payment option as “offline” to pay the tender fee / EMD as applicable and enter details of the instrument.

(4) Tenderer should prepare the EMD as per the instructions specified in the tender document. The original should be submitted in the sealed cover as specified in the tender document in person latest by the last date of bid submission. The details of the DD/any other accepted instrument, physically sent, should tally with the details available in the scanned copy and the data entered during bid submission time. Otherwise the uploaded bid will be rejected.


(5) Tenderers are requested to note that they should necessarily submit their online financial bids in the format provided in the tender and no other format is acceptable. If the price bid has been given as a standard BOQ format with the tender document, then the same is to be downloaded and to be filled by all the tenderers. Tenderers are required to download the BOQ file, open it and complete the white coloured (unprotected) cells with their respective financial quotes and other details (such as name of the tenderer). No other cells should be changed. Once the details have been completed, the tenderer should save it and submit it online, without changing the filename. If the BoQ file is found to be modified by the tenderer, the bid will be rejected.

(6) The server time (which is displayed on the tenderers’ dashboard) will be considered as the standard time for referencing the deadlines for submission of the bids by the tenderers, opening of bids etc. The tenderers should follow this time during bid submission.

(7) All the documents being submitted by the tenderers would be encrypted using PKI encryption techniques to ensure the secrecy of the data. The data entered cannot be viewed by unauthorized persons until the time of bid opening. The confidentiality of the bids is maintained using the secured Socket Layer 128 bit encryption technology. Data storage encryption of sensitive fields is done. Any bid document that is uploaded to the server is subjected to symmetric encryption using a system generated symmetric key. Further this key is subjected to asymmetric encryption using buyers/bid opener’s public keys. Overall, the uploaded tender documents become readable only after the tender opening by the authorized bid openers.

(8) The uploaded tender documents become readable only after the tender opening by the authorized bid openers.

(9) Upon the successful and timely submission of bids (i.e. after Clicking “Freeze Bid Submission” in the portal), the portal will give a successful bid submission message & a bid summary will be displayed with the bid no. and the date & time of submission of the bid with all other relevant details.

(10) The bid summary has to be printed and kept as an acknowledgement of the submission of the bid. This acknowledgement may be used as an entry pass for any bid opening meetings.

(E) ASSISTANCE TO TENDERERS (1) Any queries relating to the tender document and the terms and conditions

contained therein should be addressed to the Tender Inviting Authority for a tender or the relevant contact person indicated in the tender.

(2) Any queries relating to the process of online bid submission or queries relating to CPP Portal in general may be directed to the 24x7 CPP Portal Helpdesk. The contact number for the helpdesk is 1800 3070 2232. Foreign tenderer can get help at +91-79-40007451 to 460.

Chief Engineer

Mumbai Port Trust

*****



Tender No.E.80/2018


Instructions to Bidders

1. General terms of Bidding

1.1. No Bidder shall submit more than one Bid for the Project. A Bidder bidding

individually or as a member of a Consortium shall not be entitled to submit

another Bid either individually or as a member of any Consortium, as the case

may be.

1.2. An international Bidder bidding individually or as a member of a Consortium

shall ensure that Power of Attorney is legalised/apostilled by appropriate

authority, notarised in the jurisdiction where the Power of Attorney is being

issued and requirements under the Indian Stamp Act, 1899 are duly fulfilled.

1.3. Unless the context otherwise requires, the terms not defined in this Tender

Document, but defined in the Conditions of Contract shall have meaning

assigned thereto in the Conditions of Contract.

1.4. Notwithstanding anything to the contrary contained in this Tender Document,

the detailed terms specified in the draft Conditions of Contract shall have an

overriding effect; provided, however, that any conditions or obligations

imposed on the Bidder hereunder shall continue to have effect in addition to

its obligations under the Conditions of Contract.

1.5. The Bid shall be furnished in the format prescribed in the Tender Document.

The Technical Bid shall be as per First Cover- Technical Bid and the Financial

Bid shall be as per Second Cover- Financial Bid of the Tender Document.

Financial Bid amount shall be indicated clearly in both figures and words, in

Indian Rupees, in prescribed format of Financial Bid and shall be signed by the

Bidder’s authorised signatory. In the event of any difference between figures

and words, lower of the two shall be taken as valid and correct.

1.6. The Bidder shall deposit a Bid Security of INR 34,25,000 (Rupees Twenty Lakhs

only) for the Project, in accordance with the provisions of this Tender. The

Bidder has to provide the Bid Security in the form of a Bank Guarantee,

acceptable to the Authority, as per format at Appendix-II.


1.7. The validity period of the Bank Guarantee shall not be less than 180 (One

Hundred Eighty) days from the Bid Due Date with a claim period of 60 (Sixty)

days, and may be extended as may be mutually agreed between the Authority

and the Bidder from time to time. The Bid shall be summarily rejected if it is

not accompanied by the Bid Security. The Bid Security shall be refundable not

later than 90 days from the Bid Due Date except in the case of the Selected

Bidder, whose Bid Security shall be retained till the Selected Bidder has

provided the Performance Security in accordance with the provisions of the

Conditions of Contract.

1.8. The Bidder should submit a Power of Attorney as per the format at Appendix-

III, authorising the signatory of the Bid to commit the Bidder, duly supported

by a charter document or board resolution in favour of executant.

1.9. In case the Bidder is a Consortium, the Members thereof should furnish a

Power of Attorney in favour of any Member, which Member shall thereafter

be identified as the Lead Member, in the format at Appendix – IV, duly

supported by a charter document or board resolution in favour of executant.2

In case the Bidder is a Consortium, Joint Bidding Agreement in the format of

Appendix V shall be submitted by the Bidder.

1.10. Any condition or qualification or any other stipulation contained in the Bid

that is not complied with by the Bidder shall render the Bid liable to rejection

as a non-responsive Bid.

1.11. The Bid and all communications in relation to or concerning the Tender

Documents and the Bid shall be in English language.

1.12. The Tender Documents, and all other attached documents provided by the

Authority, are and shall remain or become the property of the Authority and

are transmitted to the Bidders solely for the purpose of preparation and the

submission of a Bid in accordance herewith. Bidders are to treat all

information as strictly confidential and shall not use it for any purpose other

than for preparation and submission of their Bid. The provisions of this Clause

shall also apply mutatis mutandis to Bids and all other documents submitted

by the Bidders, and the Authority will not return to the Bidders any Bid,

document or any information provided along therewith.

1.13. This Tender is not transferable.

2 In case of a Consortium, the Members should submit a Power of Attorney in favour of the any Member as per the format as

Appendix-IV. Such Member shall thereafter be identified as the Lead Member. The Lead Member should submit a power of Attorney as per the format in Appendix-III, authorising the signatory of the Application. Members of the Consortium of need not submit Power of Attorney as per the format at Appendix-III, authorising the signatory of the Application.


1.14. Any award of Project pursuant to this Tender Document shall be subject to the

terms of Tender Documents.

1.15. A Bidder may either be a Limited Company (registered under the Companies

Act, 1956 or 2013, as the case may be) or a Limited Company incorporated

under the applicable laws of the jurisdiction of its origin or a Proprietary Firm/

Partnership Firm (registered under Partnership Act, 1932 or the applicable

laws of the jurisdiction of its origin) incorporated under applicable governing

laws. In case the Selected Bidder is a Consortium of entities, it shall, comply

with the following additional requirements:

(a) Number of members in a Consortium shall not exceed 3 (three). However,

none of the members in a Consortium should be under any sort of

ineligibility under the Tender Documents;

(b) subject to the provisions of clause (a) above, the Bid should contain the

information required for each member of the Consortium;

(c) members of the Consortium shall nominate one member as the lead

member (the “Lead Member”). The nomination(s) shall be supported by

a Power of Attorney, as per the format at Appendix-IV, signed by all the

other members of the Consortium, duly supported by a charter document

or board resolution in favour of executant;

(d) the Bid should include a brief description of the roles and responsibilities

of individual members, particularly with reference to technical and O&M

obligations;

(e) an individual Bidder cannot at the same time be member of a Consortium

applying for the Bid. Further, a member of a particular Bidder Consortium

cannot be member of any other Bidder Consortium applying for Bid;

(f) members of the Consortium shall enter into a binding Joint Bidding

Agreement, substantially in the form specified at Appendix-V (the “Joint

Bidding Agreement”), for the purpose of submitting a Bid. The Joint

Bidding Agreement, to be submitted along with the Application, shall,

inter alia:

(g) clearly outline the proposed roles and responsibilities, if any, of each

member;

(h) include a statement to the effect that all members of the Consortium shall

be liable jointly and severally for all obligations in relation to the Project

until the completion of the Project is achieved in accordance with the

provisions of the Conditions of Contract; and


(i) except as provided under this Tender Document, there shall not be any

amendment to the Joint Bidding Agreement without the prior written

consent of the Authority.

1.16. Any entity which has been barred by the Central/ State Government, or any

entity controlled by it, from participating in any project and the bar subsists

as on the date of Bid, would not be eligible to submit a Bid, either individually

or as member of a Consortium.

1.17. A Bidder including any Consortium Member or Associate should, in the last 3

(three) years, have neither failed to perform on any contract, as evidenced by

imposition of a penalty by an arbitral or judicial authority or a judicial

pronouncement or arbitration award against the Bidder, Consortium Member

or Associate, as the case may be, nor has been expelled from any project or

contract by any public entity nor have had any contract terminated any public

entity for breach by such Bidder, Consortium Member or Associate.

Provided, however, that where a Bidder claims that its disqualification arising

on account of any cause or event specified in this clause is such that it does

not reflect (a) any malfeasance on its part in relation to such cause or event;

(b) any wilful default or patent breach of the material terms of the relevant

contract; (c) any fraud, deceit or misrepresentation in relation to such

contract; or (d) any rescinding or abandoning of such contract, it may make a

representation to this effect to the Authority for seeking a waiver from the

disqualification hereunder and the Authority may, in its sole discretion and for

reasons to be recorded in writing, grant such waiver if it is satisfied with the

grounds of such representation and is further satisfied that such waiver is not

in any manner likely to cause a material adverse impact on the Bidding Process

or on the implementation of the Project.

1.18. In computing the Technical and Financial Capacity of the Bidder/ Consortium

Members, the Technical Capacity and Financial Capacity of their respective

Associates would also be eligible hereunder.

For purposes of this Tender Document, Associate means, in relation to the

Bidder/ Consortium Member, a person who controls, is controlled by, or is

under the common control with such Bidder/ Consortium Member (the

“Associate”). As used in this definition, the expression “control” means, with

respect to a person which is a company or corporation, the ownership, directly

or indirectly, of more than 50% (fifty per cent) of the voting shares of such

person, and with respect to a person which is not a company or corporation,

the power to direct the management and policies of such person by operation

of law.


It is clarified that a certificate from a qualified external auditor who audits the

book of accounts of the Bidder or the Consortium Member shall be provided

to demonstrate that a person is an Associate of the Bidder or the Consortium

as the case may be.

1.19. The following conditions shall be adhered to while submitting a Bid:

(a) Bidders should attach clearly marked and referenced continuation sheets

in the event that the space provided in the prescribed forms in the

Annexes is insufficient. Alternatively, Bidders may format the prescribed

forms making due provision for incorporation of the requested

information;

b) information supplied by a Bidder (or other constituent Member if the

Bidder is a Consortium) must apply to the Bidder, Member or Associate

named in the Bid and not, unless specifically requested, to other

associated companies or firms;

(c) in responding to the Tender submissions, Bidders should demonstrate

their capabilities and

(d) in case the Bidder is a Consortium, each Member should substantially

satisfy the Tender requirements to the extent specified herein.

1.20. While qualification is open to persons from any country, the following

provisions shall apply:

(a) Where, on the date of the Bid, not less than 25% (twenty five percent) of

the aggregate issued, subscribed and paid up equity share capital in a

Bidder or its Member is held by persons resident outside India or where

an Bidder or its Member is controlled by persons resident outside India;

or

(b) if at any subsequent stage after the date of the Bid, there is an acquisition

of not less than 25% (twenty five percent) of the aggregate issued,

subscribed and paid up equity share capital or control, by persons resident

outside India, in or of the Bidder or its Member;

then the eligibility of such Bidder shall be subject to approval of the

Authority from national security and public interest perspective. The

decision of the Authority in this behalf shall be final and conclusive and

binding on the Bidder.

The holding or acquisition of equity or control, as above, shall include

direct or indirect holding/ acquisition, including by transfer, of the direct

or indirect legal or beneficial ownership or control, by persons acting for

themselves or in concert and in determining such holding or acquisition,


the Authority shall be guided by the principles, precedents and definitions

contained in the Securities and Exchange Board of India (Substantial

Acquisition of Shares and Takeovers) Regulations, 2011, or any substitute

thereof, as in force on the date of such acquisition.

The Bidder shall promptly inform the Authority of any change in the

shareholding, as above, and failure to do so shall render the Bidder liable

for disqualification from the Bidding Process.

1.21. Notwithstanding anything to the contrary contained herein, in the event that

the Bid Due Date falls within three months of the closing of the latest financial

year of a Bidder, it shall ignore such financial year for the purposes of its Bid

and furnish all its information and certification with reference to the 5 (five)

years preceding its latest financial year. For the avoidance of doubt, financial

year shall, for the purposes of a Bid hereunder, mean the accounting year

followed by the Bidder in the course of its normal business.

2. Bid security

2.1. The Bidder shall furnish as part of its Bid, a Bid Security in the form of a bank

guarantee issued by nationalised bank, or a Scheduled Bank in India having a

net worth of at least Rs.1,000 crore (Rupees One Thousand Crore), in favour

of the Authority in the format at Appendix-II (the “Bank Guarantee”) and

having a validity period of not less than 180 (one hundred eighty) days from

the Bid Due Date and a claim period of 60 (sixty) days, and may be extended

as may be mutually agreed between the Authority and the Bidder from time

to time. In case the Bank Guarantee is issued by a foreign bank outside India,

confirmation of the same by any nationalised bank in India is required. For the

avoidance of doubt, Scheduled Bank shall mean a bank as defined under

Section 2(e) of the Reserve Bank of India Act, 1934.

2.2. Any Bid not accompanied by the Bid Security shall be summarily rejected by

the Authority as non-responsive.

2.3. The Bid Security of unsuccessful Bidders will be returned by the Authority,

without any interest, as promptly as possible on acceptance of the Bid of the

Selected Bidder or when the Bidding process is cancelled by the Authority, and

in any case within 60 (sixty) days from the Bid Due Date.

2.4. The Selected Bidder’s Bid Security will be returned, without any interest, upon

the Contractor signing the Conditions of Contract and furnishing the

Performance Security in accordance with the provisions thereof. The

Authority may, at the Selected Bidder’s option, adjust the amount of Bid


Security in the amount of Performance Security to be provided by him in

accordance with the provisions of the Conditions of Contract.

2.5. The Authority shall be entitled to forfeit and appropriate the Bid Security as

damages, inter alia, in any of the events specified in Clause 2.6 herein below.

The Bidder, by submitting its Bid pursuant to this Tender, shall be deemed to

have acknowledged and confirmed that the Authority will suffer loss and

damage on account of withdrawal of its Bid or for any other default by the

Bidder during the period of Bid validity as specified in this Tender Document.

No relaxation of any kind on Bid Security shall be given to any Bidder.

2.6. The Bid Security shall be forfeited as Damages without prejudice to any other

right or remedy that may be available to the Authority under the Tender

Documents and more specifically the Conditions of Contract, or otherwise,

under the following conditions:

a) If a Bidder submits a non-responsive Bid;

Subject however that in the event of encashment of Bid Security occurring

due to operation of para 2.6 (a), above, the Damage so claimed by the

Authority shall be restricted to 5% (five percent) of the value of the Bid

Security.

Provided however, that in case of minor deviations/errors in the

documents submitted by the Bidder, due to which the Bid has been

declared as non-responsive, the Authority may, at its sole discretion, seek

clarifications/ rectifications from the Bidder and if the Bidder does not

respond to such requests from the Authority, the Authority shall proceed

to encash the Bid Security.

b) If a Bidder engages in a corrupt practice, fraudulent practice, coercive

practice, undesirable practice or restrictive practice as specified this

Tender Document;

c) If a Bidder withdraws its Bid during the period of Bid validity as specified

in this Tender Document and as extended by mutual consent of the

respective Bidder(s) and the Authority;

d) In the case of Selected Bidder, if it fails within the specified time limit–

i) to sign and return the duplicate copy of LOA;

ii) to sign the Conditions of Contract; or

iii) to furnish the Performance Security within the period prescribed

therefore in the Conditions of Contract; or


e) In case the Selected Bidder, having signed the Conditions of Contract,

commits any breach thereof prior to furnishing the Performance Security.

3. Eligibility and Qualification Requirement:

3.1. For determining the eligibility of Bidder the following shall apply:

(a) The Bidder may be a single entity or a group of entities (the

“Consortium”), coming together to implement the Project. However, no

Bidder applying individually or as a member of a Consortium, as the case

may be, can be member of another Bidder. The term Bidder used herein

would apply to both a single entity and a Consortium.

(b) Bidder may be a permitted entity or any combination of them with a

formal intent to enter into a Joint Bidding Agreement or under an existing

agreement to form a Consortium. A Consortium shall be eligible for

consideration subject to the conditions set out in the Tender Document.

(c) A Bidder shall not have a conflict of interest (the “Conflict of Interest”)

that affects the Bidding Process. Any Bidder found to have a Conflict of

Interest shall be disqualified. In the event of disqualification, the Authority

shall be entitled to forfeit and appropriate the Bid Security or equivalent

amount from the Performance Security, as the case may be, as mutually

agreed genuine pre-estimated loss and damage likely to be suffered and

incurred by the Authority and not by way of penalty for, inter alia, the

time, cost and effort of the Authority, including consideration of such

Bidder’s proposal (the “Damages”), without prejudice to any other right

or remedy that may be available to the Authority under the Bidding

Documents and/or the Conditions of Contract or otherwise. Without

limiting the generality of the above, a Bidder shall be deemed to have a

Conflict of Interest affecting the Bidding Process, if:

(i) The Bidder, its Member or Associate (or any constituent thereof) and

any other Bidder, its Member or any Associate thereof (or any

constituent thereof) have common controlling shareholders or other

ownership interest; provided that this disqualification shall not apply

in cases where the shareholding of a Bidder, its Member or an

Associate thereof (or any shareholder thereof having a shareholding

of more than 25%(twenty five percent) of the paid up and subscribed

capital; of such Bidder, Member or Associate, as the case may be) in

the other Bidder, its Member or Associate, is not more than 25%

(Twenty five percent) of the subscribed and paid up equity share

capital thereof; provided further that this disqualification shall not


apply to any ownership by a bank, insurance company, pension fund

or a public financial institution referred to in Section 2 (72) of the

Companies Act, 2013. For the purposes of this Clause, indirect

shareholding held through one or more intermediate persons shall be

computed as follows: (aa) where any intermediary is controlled by a

person through management control or otherwise, the entire

shareholding held by such controlled intermediary in any other person

(the “Subject Person”) shall be taken into account for computing the

shareholding of such controlling person in the Subject Person; and

(bb) subject always to sub-clause (aa) above, where a person does not

exercise control over an intermediary, which has shareholding in the

Subject Person, the computation of indirect shareholding of such

person in the Subject Person shall be undertaken on a proportionate

basis; provided, however, that no such shareholding shall be reckoned

under this sub-clause (bb) if the shareholding of such person in the

intermediary is less than 26% of the subscribed and paid up equity

shareholding of such intermediary; or

(ii) a constituent of such Bidder is also a constituent of another Bidder; or

(iii) such Bidder, its Member or any Associate thereof receives or has

received any direct or indirect subsidy, grant, loan or subordinated

debt from any other Bidder, its Member or Associate, or has provided

any such subsidy, grant, loan or subordinated debt to any other

Bidder, its Member or any Associate thereof; or

(iv) such Bidder has the same legal representative for purposes of this Bid

as any other Bidder; or

(v) such Bidder, or any Associate thereof, has a relationship with another

Bidder, or any Associate thereof, directly or through common third

party/ parties, that puts either or both of them in a position to have

access to each other’s information about, or to influence the Bid of

either or each other; or

(vi) such Bidder or any Associate thereof has participated as a consultant

to the Authority in the preparation of any documents, design or

technical specifications of the Project.

Explanation:

In case a Bidder is a Consortium, then the term Bidder as used in this

Clause, shall include each Member of such Consortium.


For purposes of this Tender Document, Associate means, in relation

to the Bidder/Consortium Member, a person who controls, is

controlled by, or is under the common control with such

Bidder/Consortium Member (the “Associate”). As used in this

definition, the expression “control” means, with respect to a person

which is a company or corporation, the ownership, directly or

indirectly, of more than 50% (fifty percent) of the voting shares of such

person, and with respect to a person which is not a company or

corporation, the power to direct the management and policies of such

person by operation of law.

(d) A Bidder shall be liable for disqualification and forfeiture of Bid Security if

any legal, financial or technical adviser of the Authority in relation to the

Project is engaged by the Bidder, its Members or any Associate thereof,

as the case may be, in any manner for matters related to or incidental to

such Project during the Bidding Process or subsequent to the (i) issue of

the LOA or (ii) execution of the Conditions of Contract. In the event any

such adviser is engaged by the Selected Bidder or Contractor, as the case

may be, after issue of the LOA or execution of the Conditions of Contract

for matters related or incidental to the Project, then notwithstanding

anything to the contrary contained herein or in the LOA or the Conditions

of Contract and without prejudice to any other right or remedy of the

Authority, including the forfeiture and appropriation of the Bid Security or

Performance Security, as the case may be, which the Authority may have

thereunder or otherwise, the LOA or the Conditions of Contract, as the

case may be, shall be liable to be terminated without the Authority being

liable in any manner whatsoever to the Selected Bidder or Contractor for

the same. For the avoidance of doubt, this disqualification shall not apply

where such adviser was engaged by the Bidder, its Member or Associate

in the past but its assignment expired or was terminated 6 (six) months

prior to the date of issue of Tender Document for the Project. Nor will this

disqualification apply where such adviser is engaged after a period of 3

(three) years from the date of commercial operation of the Project.

Provided that, in case the Authority seeks information / clarification from

a Bidder related to occurrence / non-occurrence of Conflict of Interest and

the Bidder fails to provide such information within a reasonable time, the

Authority shall disqualify the Bidder, encash its Bid Security and further

debar it from participation in any future procurement process for a

minimum period of 1 year.


3.2. To be eligible for this Tender Document a Bidder shall fulfil the following

conditions of eligibility:

3.2.1 Technical & Financial Eligibility:

Cost of Work

in Rs. Lakhs

Financial Criteria

Technical Criteria

Minimum Average annual

financial turnover during the last THREE years ending 31.03.2017 in Rs. Lakhs

THREE similar works completed during last SEVEN years

ending 31.07.2018

each costing not less than

in Rs. Lakhs

OR

TWO similar works completed during last SEVEN

years ending 31.07.2018

each costing not less than

in Rs. Lakhs

OR

ONE similar work completed during last SEVEN years

ending 31.07.2018

costing not less than

in Rs. Lakhs (1) (2) (3) (4) (5)

1712.05 514.00 685.00 OR 857.00 OR 1370.00

Note: "Similar works" means “Construction” AND/OR

“Construction and O&M” of (i) Sewage Treatment Plants (STP) OR (ii) Common Effluent Treatment plants (CETP) OR (iii) Effluent Treatment plants (ETP)”.

AND

3.2.2 O&M Experience: The Bidder must have successfully operated and

maintained one similar work, which must be of a minimum capacity of 1.2

MLD, for a minimum of two consecutive years during the last 7 (seven)

financial years ending 30.09.2018.

Provided that in case the Selected Bidder is unable to demonstrate the

requisite O&M Experience detailed above itself (in case of a single entity) or

through any of its members (in case of a Consortium), it may alternatively, be

permitted to furnish a copy of a binding MoU entered into with an entity

(being an Individual Proprietary Firm/ Partnership Firm (Registered under the

relevant Partnership Act of the country of its jurisdiction)/ Limited Company

(Registered under the Companies Act, 1956/2013 or the relevant law of the

country of its jurisdiction) having the O&M Experience as required under this

Clause who shall be engaged for carrying out the O&M of the Project under

the Contract (“O&M Contractor”) once the Project is awarded to the Selected

Bidder. In the event the Selected Bidder furnished the aforesaid MoU, but fails

to engage the O&M Contractor after the award of Project to it, then such

failure shall be treated as a Contractor Event of Default under the Contract

and the consequences set out therein (including without limitation the

termination of Contract) shall follow.


3.2.3 The Financial Eligibility of the Bidder shall have an average Annual Turnover

from similar works for an amount shown in table above during the last 3

financial years ending 31.03.2018 and a positive net-worth in the financial

year immediately prior to Bid Due Date, as per the audited Balance Sheet of

last financial year.

3.2.4 In case of a Consortium, the combined Technical Capacity and Financial

Capacity of its Members, should satisfy the above conditions of eligibility.

3.2.5 For ascertaining the value of successfully executed works in support of

experience of the Bidder as mentioned above, the original cost of work can be

adjusted as per increase in Whole Sale Price Index (WPI) from the date of work

order of the subjected work to till date. The certificate of the Chartered

Accountant/ Statutory Auditor be produced for cost adjustment.

AND

3.2.6 Technology Experience:

(A) The Bidder shall either furnish documentary proof of its proprietary

ownership of the Technology and to be deployed for O&M of the Project

or in event it intends to deploy technology not owned by it, then the

Bidder shall submit a Technology Tie-up Agreement with a technology

provider for Biological Treatment Section proposed by him under this

project. The technology provider should have provided technology and

core equipment for Sewage Treatment Plant for a period of two

consecutive years in the last 7 (seven) financial years ending 30.09.2018

at least

(a) One Sewage Treatment Plant with a minimum capacity of 2.4 MLD OR

(b) Two Sewage Treatment Plants each with a minimum capacity of 1.5 MLD OR

(c) Three Sewage Treatment Plants each with a minimum capacity of 1.0 MLD

running successfully at present in India or a country with similar weather conditions proposed in the project on the same technology. If the proposed technology, does not currently have a successfully running plant of 3 MLD capacity, the technology shall be referred to National Environmental Engineering Research Institute (NEERI) for vetting of such a technology being able to handle 3 MLD municipal sewage;


(B) Relevant experience in the design, construction and commissioning of

sewage treatment plants (STPs) with proven biological treatment

process [except Oxidation Pond (Facultative/ Anaerobic/ Aerobic),

Aerated Lagoons, Trickling Filters, Oxidation ditch, Rotating Biological

Contactors (RBC), Upward Anaerobic Sludge Blanket (UASB), Waste

Stabilization Pond] running successfully at present in India or a country

with similar weather conditions proposed in the project on the same

technology will only be considered.

AND

3.2.7 Land Requirement:

(A) The bidders are required to note that since the technology is kept open for bidders, the land requirement will also be considered for evaluation of bids. The cost of land required by the bidder will be loaded to their financial bid. As per prevailing Ready Reckoner 2017, the rate of land is Rs.86,716/- per Sq.M. (As per Ready Reckoner 2017, the land value of Rs.65,200/- per Sq.M. increased by 1.33 times (FSI)) , which will be used in evaluation of bids.

(B) Further, the bidders are required to clearly mention in their bids, the land area which shall be utilised by them for underground and over ground installations separately. MbPT intends to utilise the underground installations land area for parking, in which case rebate will be applied to the quoted price for the amount of land area that can be utilised for parking @ Rs.515.16 per Sq.M. per annum.

(C) The Financial Bid shall be based on the lowest evaluated Lump sum cost sought by the Bidder for implementation of the Project, to be determined as per mechanism set forth below in this clause. The Bidder shall be required to quote the following costs in format referred in Second Cover - Financial Bid to be paid in accordance with the procedure laid down in the Conditions of Contract, [in Lump sum, and not item wise]: i) The Cost of Works to be incurred for the Project (“Capex”);

ii) The Operations and Maintenance Cost (“O&M Fee”) sought for each

year for 10 years after successful completion of works (“O&M

Period”)

iii) The Cost of Power Consumption for each year of the O&M Period

(“Power Consumption”) of 10 years.

iv) The cost of land required for setting up the STP. The bidders are

required to clearly mention in their bids, the land area which shall be

utilised by them for underground and over ground installations

separately. MbPT intends to utlise the underground installations

land area for parking, in which case rebate will be applied to the


quoted price for the amount of land area that can be utilised for

parking @Rs.515.16 per Sq.M. per year

Based on the above components quoted by the Bidders in the Financial

Bid (in the format contained in Second Cover - Financial Bid) for the

Project, the Bidder shall calculate the Bid Price using the following

formula:

Lump-sum cost for the Bid (“Bid Price”) = Lump sum cost of Construction

(A) + NPV of O&M Cost of 10 Years (B) + NPV of Cost of Power for O&M

for 10 years (C)+ Cost of Land required (D) – Rebate for underground land

area (E).

(D) Illustration:

Case – (1): Land area – 2,000 Sq.M. over ground & 500 Sq.M. underground

Lumpsum Cost of Construction – (A)

NPV of O&M cost for 10 years – (B)

NPV of Cost of Power for O&M for 10 years – (C)

Land cost: 2500 X 86,716/- X 10 – (+) Rs.7,22,63,334/- – (D) 30

Rebate for underground land area (For use as Pay & Park): 500 Sq.M. X 515.16 X 10 years – (-) Rs.25,75,800/- – (E)

per Sq.M. per annum

Therefore, Offer cost = A + B + C + D – E (For offer evaluation purpose only)

Case – (2): Land area – 4,000 Sq.M. complete underground

Lumpsum Cost of Construction – (A)

NPV of O&M cost for 10 years – (B)

NPV of Cost of Power for O&M for 10 years – (C)

Land cost: 4000 X 86,716/- X 10 – (+) Rs.11,56,21,334/- – (D) 30

Rebate for underground land area (For use as Pay & Park): 4000 Sq.M. X 515.16 X 10 years – (-) Rs.2,06,06,400/- – (E)

per Sq.M. per annum

Therefore, Offer cost = A + B + C + D – E (For offer evaluation purpose only)


Note: For avoidance of doubt bidder should note accordingly that in case

bidder utilises any rebate towards qualification, selection and award of

tender, then the bidder shall be required to fully confirm with this

representation in SECOND COVER – FINANCIAL BID, failing with the

agreement shall be liable for termination as the same shall be treated

as a Contractor Event of Default under the Contract and the

consequences set out therein (including without limitation the

termination of Contract) shall follow.

3.3. The Bidders shall enclose with its Technical Bid, to be submitted as per the

format at Appendix-IA, complete with its Annexes, the following:

(i) Certificate(s) from statutory auditors3 or the concerned client(s) stating

the works completed and other operating details as per the Appendix IA -

Annex – III to demonstrate the Technical capacity. In case a particular

work/ contract has been jointly executed by the Bidder (as part of a

Consortium), it should further support its claim for the share in work done

for that particular work/ contract by producing a certificate from its

statutory auditor or the client;

(ii) Certificate(s) from its statutory auditors/ CA specifying the net worth of

the Bidder, as at the close of the preceding financial year, and also

specifying that the methodology adopted for calculating such net worth

conforms to the provisions of this Clause. For the purposes of this Tender

Document, net worth (the “Net Worth”) shall mean the aggregate value

of the paid-up share capital and all reserves created out of the profits and

securities premium account, after deducting the aggregate value of the

accumulated loses, deferred expenditure and miscellaneous expenditure

not written off, as per the audited balance sheet, but does not include

reserves created out of revaluation of assets, write back of depreciation

and amalgamation. In case the Bidder is any other permitted entity, Net

Worth will mean the sum of available corpus and reserves.

“Annual Turn Over” shall mean the aggregate value of the realization of

amount made on account of similar works undertaken, by the Bidder

during a relevant financial year.

3 In case duly certified audited annual financial statements containing explicitly the requisite details

are provided, a separate certification by statutory auditors would not be necessary in respect of Clause

3.3(i). In jurisdictions that do not have statutory auditors, the firm of auditors which audits the annual

accounts of the Bidder may provide the certificates required under this Tender document.


4. Proprietary data

All documents and other information supplied by the Authority or submitted

by a Bidder to the Authority shall remain or become the property of the

Authority. Bidders are to treat all information as strictly confidential and shall

not use it for any purpose other than for preparation and submission of their

Bid. The Authority will not return any Bid or any information provided along

therewith.

5. Cost of Bidding

The Bidders shall be responsible for all of the costs associated with the

preparation of their Bids and their participation in the Bidding Process. The

Authority will not be responsible or in any way liable for such costs, regardless

of the conduct or outcome of the Bidding Process.

6. Site visit and verification of information

6.1. Bidders are encouraged to submit their respective Bids after visiting the

Project site and ascertaining for themselves the site conditions, location,

surroundings, climate, availability of power, water & other utilities for

construction, access to site, handling and storage of materials, weather data,

applicable laws and regulations, and any other matter considered relevant by

them. Bidders are advised to visit the site and familiarise themselves with the

Project with in the stipulated time of submission of the Bid. No extension of

time is likely to be considered for submission of Bids.

6.2. It shall be deemed that by submitting a Bid, the Bidder has:

(a) made a complete and careful examination of the Tender Documents;

(b) received all relevant information requested from the Authority;

(c) accepted the risk of inadequacy, error or mistake in the information

provided in the Tender Documents or furnished by or on behalf of the

Authority relating to any of the matters referred to in Clause 6.1 above;

(d) satisfied itself about all matters, things and information including

matters referred to in Clause 6.1 hereinabove necessary and required for

submitting an informed Bid, execution of the Project in accordance with

the Tender Documents and performance of all of its obligations

thereunder;

(e) acknowledged and agreed that inadequacy, lack of completeness or

incorrectness of information provided in the Tender Documents or

ignorance of any of the matters referred to in Clause 6.1 hereinabove

shall not be a basis for any claim for compensation, damages, extension


of time for performance of its obligations, loss of profits etc. from the

Authority, or a ground for termination of the Conditions of Contract by

the Contractor;

(f) acknowledged that it does not have a Conflict of Interest;

(g) agreed to be bound by the undertakings provided by it under and in

terms hereof; and

6.3. The Authority shall not be liable for any omission, mistake or error in respect

of any of the above or on account of any matter or thing arising out of or

concerning or relating to the Tender Document, including any error or mistake

therein or in any information or data given by the Authority.

7. Verification and Disqualification

7.1. The Authority reserves the right to verify all statements, information and

documents submitted by the Bidder in response to the Tender Document and

the Bidder shall, when so required by the Authority, make available all such

information, evidence and documents as may be necessary for such

verification. Any such verification, or lack of such verification, by the Authority

shall not relieve the Bidder of its obligations or liabilities hereunder nor will it

affect any rights of the Authority thereunder.

7.2. The Authority reserves the right to reject any Bid and appropriate the Bid

Security if:

(a) at any time, a material misrepresentation is made or uncovered, or

(b) the Bidder does not provide, within the time specified by the Authority,

the supplemental information sought by the Authority for evaluation of

the Bid.

Such misrepresentation/ improper response shall lead to the

disqualification of the Bidder. If the Bidder is a Consortium, then the entire

Consortium and each Member of the Consortium may be disqualified/

rejected. If such disqualification/ rejection occurs after the Bids have been

opened and the lowest Bidder gets disqualified/ rejected, then the

Authority reserves the right to annul the Bidding Process and invites fresh

Bids.

7.3. In case it is found during the evaluation or at any time before signing of the

Conditions of Contract or after its execution and during the period of

subsistence thereof, including the contract thereby granted by the Authority,

that one or more of the eligibility and /or qualification requirements have not

been met by the Bidder, or the Bidder has made material misrepresentation


or has given any materially incorrect or false information, the Bidder shall be

disqualified forthwith if not yet appointed as the Contractor either by issue of

the LOA or entering into of the Conditions of Contract, and if the Selected

Bidder has already been issued the LOA or it has entered into the Conditions

of Contract, as the case may be, the same shall, notwithstanding anything to

the contrary contained therein or in this Tender Document, be liable to be

terminated, by a communication in writing by the Authority to the Selected

Bidder or the Contractor, as the case may be, without the Authority being

liable in any manner whatsoever to the Selected Bidder or the Contractor. In

such an event, the Authority shall be entitled to forfeit and appropriate the

Bid Security or Performance Security, as the case may be, as Damages, without

prejudice to any other right or remedy that may be available to the Authority

under this Tender Document.

8. Evaluation of Technical Bids And Opening & Evaluation Of Financial Bid

8.1. Opening and Evaluation of Technical Bids

a) The Authority shall open the Technical Bids received before the hours IST

on the date and place specified in this Tender Document and in the

presence of the Bidders who choose to attend.

b) The Authority will subsequently examine and evaluate the Bids in

accordance with the provisions set out in this Section.

c) To facilitate evaluation of the Technical Bids, the Authority may, at its sole

discretion, seek clarifications in writing from any Bidder regarding its Bid.

Such clarification(s) may without prejudice include clarifications with

respect to minor deviations found in the Bid and shall be provided within

the time specified by the Authority for this purpose. Any request for

clarification(s) and all clarification(s) in response thereto shall be in

writing. If a Bidder does not provide clarifications sought under Clause

2.8.4 above within the prescribed time, its Bid shall be liable to be

rejected. In case the Bid is not rejected, the Authority may proceed to

evaluate the Bid by construing the particulars requiring clarification to the

best of its understanding, and the Bidder shall be barred from

subsequently questioning such interpretation of the Authority.

8.2. Tests of responsiveness

As a first step towards evaluation of Technical Bids, the Authority shall

determine whether each Technical Bid is responsive to the requirements of

this Tender. A Technical Bid shall be considered responsive only if:


(a) Technical Bid is received as per the format of the letter specified in

Appendix-IA including Annexure I to IV;

(b) Technical Bid is accompanied by the Bid Security as specified in this Tender

Document;

(c) Technical Bid is accompanied by the Power of Attorney;

(d) Technical Bid is accompanied by Power of Attorney for Lead Member of

Consortium and the Joint Bidding Agreement as specified in this Tender

Document, if so required;

(e) Technical Bid contain all the information (complete in all respects);

(f) Technical Bid does not contain any condition or qualification;

(g) Technical Bid contains Demand Draft of INR. 10,500/- (Rupees Ten

Thousand Five Hundred only) (Inclusive of GST 5%) (towards cost of

Tender Documents).

(h) it is not non-responsive in terms hereof.

The Authority reserves the right to reject any Technical Bid which is non-

responsive and no request for alteration, modification, substitution or

withdrawal shall be entertained by the Authority in respect of such Bid.

8.3. Evaluation parameters

Only those Bidders who meet the eligibility criteria (Technical Capacity and

Financial Capacity) detailed in Appendix IA shall qualify for evaluation under

this Section. Bids of firms/ consortia who do not meet these criteria shall be

rejected.

Experience for any activity relating to an eligible similar works shall not be

claimed by two or more Members of the Consortium. In other words, no

double counting by a Consortium in respect of the same experience shall be

permitted in any manner whatsoever.

8.4. Details of Experience

The Bidders must provide the necessary information relating to Technical and

Financial Capacity as per format specified in Appendix IA and the annexures

to Appendix IA. The Bidder must also provide evidence in support of its claim

of Technical Capacity.


8.5. Financial information for purposes of evaluation

The Bids must be accompanied by the Audited Annual Reports of the Bidder

(of each Member in case of a Consortium) for the last 5 (five) financial years,

preceding the year in which the Bid is made.

In case the annual accounts for the latest financial year are not audited and

therefore the Bidder cannot make the same available, the Bidder shall give an

undertaking to this effect and the statutory auditor shall certify the same. In

such a case, the Bidder shall provide the Audited Annual Reports for 5 (five)

years preceding the year for which the Audited Annual Report is not being

provided.

The Bidder must establish the Financial Capacity and provide details as per

format at Annex-II of Appendix-IA.

In case of foreign companies, a certificate from a qualified external auditor

who audits the book of accounts of the Bidder or the Consortium Member in

the formats provided in the country where the project has been executed shall

be accepted, provided it contains all the information as required in the

prescribed format of the Tender Document.

8.6. Opening and Evaluation of Financial Bids

The Authority shall inform the venue and time of opening of the Financial Bids

to the technically responsive Bidders. The Authority shall open the Financial

Bids on date and time to be informed in this clause in the presence of the

authorised representatives of the Bidders who may choose to attend. The

Authority shall publically announce the Financial Bid for each of the technically

responsive Bidder.

8.7. Selection of Bidder

The Bidder whose Bid is adjudged as responsive and whose Financial Bid is

determined to have the lowest evaluated Bid Price shall be declared as the

selected Bidder (the “Selected Bidder”).

In the event that, the assessed Financial Bid of two or more Bidders is the same

(the "Tie Bids"), the Authority shall identify Selected Bidder who have higher

Average Annual Turnover as specified in this Tender Document.

In the event that the Lowest Bidder is not selected for any reason, the

Authority shall annul the Bidding Process and invite fresh Bids. In the event

that the Authority rejects or annuls all the Bids, it may, in its discretion, invite

all eligible Bidders to submit fresh Bids hereunder.


After selection, a Letter of Award (the “LOA”) shall be issued, in duplicate, by

the Authority to the Selected Bidder and the Selected Bidder shall, within

7(seven)days of the receipt of the LOA, sign and return the duplicate copy of

the LOA in acknowledgement thereof. In the event the duplicate copy of the

LOA duly signed by the Selected Bidder is not received by the stipulated date,

the Authority may, unless it consents to extension of time for submission

thereof, appropriate the Bid Security of such Bidder as Damages on account

of failure of the Selected Bidder to acknowledge the LOA.

After acknowledgement of the LOA as aforesaid by the Selected Bidder, it shall

cause the Contractor to execute the Conditions of Contract within the period

prescribed in this document. The Selected Bidder shall not be entitled to seek

any deviation, modification or amendment in the Conditions of Contract.

8.8. Contacts during Bid Evaluation

Bids shall be deemed to be under consideration immediately after they are

opened and until such time the Authority makes official intimation of award/

rejection to the Bidders. While the Bids are under consideration, Bidders and/

or their representatives or other interested parties are advised to refrain, save

and except as required under the Tender Documents, from contacting by any

means, the Authority and/ or their employees/ representatives on matters

related to the Bids under consideration.

8.9. Correspondence with Bidder

Save and except as provided in this Tender Document, the Authority shall not

entertain any correspondence with any Bidder in relation to the acceptance

or rejection of any Bid.

Any information contained in the Bid shall not in any way be construed as

binding on the Authority, its agents, successors or assigns, but shall be binding

against the Bidder if the Project is subsequently awarded to it on the basis of

such information.

The Authority reserves the right not to proceed with the Bidding Process at

any time without notice or liability and to reject any or all Bid(s) without

assigning any reasons.

9. Integrity Pact

The bidder has to execute Integrity Pact Agreement with Mumbai Port Trust

(as per Appendix-VII). Shri P.K Gopinath, IPoS (Retd.) has been nominated as

Independent External Monitor for the implementation of Integrity Pact whose

address is as under:


C-1/143, Bapanagar, Behind Delhi High Court, New Delhi- 110003

E mail: [email protected]

Scanned Copy of Pre-Contract Integrity Pact (as per Appendix-VII) executed on

Rs.100/- stamp paper is to be uploaded along with the bid. Original hard copy

of the Integrity Pact Agreement shall be submitted along with the Technical

Bid failing which Tender shall be considered invalid.

10. Fraud and Corrupt Practices

10.1. The Bidders and their respective officers, employees, agents and advisers shall

observe the highest standard of ethics during the Bidding Process and

subsequent to the issue of the LOA and during the subsistence of the

Conditions of Contract. Notwithstanding anything to the contrary contained

herein, or in the LOA or the Conditions of Contract, the Authority may reject a

Bid, withdraw the LOA, or terminate the Conditions of Contract, as the case

may be, without being liable in any manner whatsoever to the Bidder, if it

determines that the Bidder, directly or indirectly or through an agent, engaged

in corrupt practice, fraudulent practice, coercive practice, undesirable

practice or restrictive practice in the Bidding Process. In such an event, the

Authority shall be entitled to forfeit and appropriate the Bid Security or

Performance Security, as the case may be, as Damages, without prejudice to

any other right or remedy that may be available to the Authority under the

Tender Documents and/ or the Conditions of Contract, or otherwise.

10.2. Without prejudice to the rights of the Authority under Clause 10.1

hereinabove and the rights and remedies which the Authority may have under

the LOA or the Conditions of Contract, or otherwise if a Bidder is found by the

Authority to have directly or indirectly or through an agent, engaged or

indulged in any corrupt practice, fraudulent practice, coercive practice,

undesirable practice or restrictive practice during the Bidding Process, or after

the issue of the LOA or the execution of the Conditions of Contract, such

Bidder, at the sole and absolute discretion of the Authority, shall not be

eligible to participate in any Tender or TENDER issued by the Authority during

a period of 2 (two) years from the date such Bidder, or Contractor, as the case

may be, is found by the Authority to have directly or indirectly or through an

agent, engaged or indulged in any corrupt practice, fraudulent practice,

coercive practice, undesirable practice or restrictive practices, as the case may

be.

10.3. For the purposes of this section, the following terms shall have the meaning

hereinafter respectively assigned to them:


(a) “corrupt practice” means (i) the offering, giving, receiving, or soliciting,

directly or indirectly, of anything of value to influence the actions of any

person connected with the Bidding Process (for avoidance of doubt,

offering of employment to or employing or engaging in any manner

whatsoever, directly or indirectly, any official of the Authority who is or

has been associated in any manner, directly or indirectly, with the

Bidding Process or the LOA or has dealt with matters concerning the

Conditions of Contract or arising therefrom, before or after the

execution thereof, at any time prior to the expiry of one year from the

date such official resigns or retires from or otherwise ceases to be in the

service of the Authority, shall be deemed to constitute influencing the

actions of a person connected with the Bidding Process); or (ii) save and

except as permitted under this Tender, engaging in any manner

whatsoever, whether during the Bidding Process or after the issue of the

LOA or after the execution of the Conditions of Contract, as the case may

be, any person in respect of any matter relating to the Project or the LOA

or the Contract Agreement, who at any time has been or is a legal,

financial or technical adviser of the Authority in relation to any matter

concerning the Project;

(b) “fraudulent practice” means a misrepresentation or omission of facts or

suppression of facts or disclosure of incomplete facts;

(c) “coercive practice” means impairing or harming, or threatening to

impair or harm, directly or indirectly, any person or property to influence

any person’s participation or action in the Bidding Process;

(d) “undesirable practice” means (i) establishing contact with any person

connected with or employed or engaged by the Authority with the

objective of canvassing, lobbying or in any manner influencing or

attempting to influence the Bidding Process; or (ii) having a Conflict of

Interest; and

(e) “restrictive practice” means forming a cartel or arriving at any

understanding or arrangement among Bidders with the objective of

restricting or manipulating a full and fair competition in the Bidding

Process.


11. Pre-Bid Meeting

11.1. Pre-Bid meeting of the Bidders shall be convened at the designated date, time

and place as mentioned in tender. A maximum of three representatives of

prospective Bidders shall be allowed to participate on production of authority

letter from the Bidder.

11.2. The bidders are requested to send their queries by e-mail to

[email protected] AND [email protected] before 26.10.2018,

which will be discussed during pre-bid meeting and clarifications given.

Further, during the course of Pre-Bid meeting(s), the Bidders will be free to

seek clarifications and make suggestions for consideration of the Authority.

The Authority shall endeavor to provide clarifications and such further

information as it may, in its sole discretion, consider appropriate for

facilitating a fair, transparent and competitive Bidding Process.

12. Miscellaneous

12.1. The Bidding Process shall be governed by, and construed in accordance with,

the laws of India and the Courts at Mumbai shall have exclusive jurisdiction

over all disputes arising under, pursuant to and/ or in connection with the

Bidding Process including any terms and conditions specified in this Tender

Document.

12.2. The Authority, in its sole discretion and without incurring any obligation or

liability, reserves the right, at any time, to;

(a) suspend and/ or cancel the Bidding Process and/ or amend and/ or

supplement the Bidding Process or modify the dates or other terms and

conditions relating thereto;

(b) consult with any Bidder in order to receive clarification or further

information;

(c) retain any information and/ or evidence submitted to the Authority by, on

behalf of, and/ or in relation to any Bidder; and/ or

(d) independently verify, disqualify, reject and/ or accept any and all

submissions or other information and/ or evidence submitted by or on

behalf of any Bidder.

12.3. It shall be deemed that by submitting the Bid, the Bidder agrees and releases

the Authority, its employees, agents and advisers, irrevocably,

unconditionally, fully and finally from any and all liability for claims, losses,

damages, costs, expenses or liabilities in any way related to or arising from the




exercise of any rights and/ or performance of any obligations hereunder,

pursuant hereto and/ or in connection with the Bidding Process and waives,

to the fullest extent permitted by applicable laws, any and all rights and/ or

claims it may have in this respect, whether actual or contingent, whether

present or in future.

Chief Engineer

Mumbai Port Trust

*****


[On the letter head of the Bidder/ Lead Bidder]

APPENDIX IA

LETTER COMPRISING THE TECHNICAL BID

–[Insert details]

Sub: Technical Bid for Lumpsum Rate Tender for Survey, Investigation,

Design, Construction, Testing AND Commissioning of Sewage Treatment

Plant of 3.0 MLD Capacity at Tejas Nagar Colony, Wadala in Mumbai

Port Trust Estate.

Dear Sir,

1. With reference to your Tender Document dated ………..5, I/we, having examined

the Tender Document and understood its contents, hereby submit my/our Bid for

the aforesaid project. The Bid is unconditional and unqualified.

2. I/ We acknowledge that the Authority will be relying on the information provided

in the Bid and the documents accompanying such Bid for selection of the

Contractor for the aforesaid Project, and we certify that all information provided

in the Bid and in Annexes I to IV is true and correct; nothing has been omitted

which renders such information misleading; and all documents accompanying such

Bid are true copies of their respective originals.

3. This statement is made for the express purpose of our selection as a Contractor for

the development, construction, operation and maintenance of the aforesaid

Project.

4. I/ We shall make available to the Authority any additional information it may find

necessary or require to supplement or authenticate the Bid.

5. I/ We acknowledge the right of the Authority to reject our Bid without assigning

any reason or otherwise and hereby waive, to the fullest extent permitted by

applicable law, our right to challenge the same on any account whatsoever.

6. I/ We certify that in the last three years, we/ any of the Consortium Members or

our/ their Associates have neither failed to perform on any contract, as evidenced

by imposition of a penalty by an arbitral or judicial authority or a judicial

pronouncement or arbitration award, nor been expelled from any project or

contract by any public authority nor have had any contract terminated by any

public authority for breach on our part.

5 All blank spaces shall be suitably filled up by the Bidder to reflect the particulars relating to such

Bidder.


7. I/ We declare that:

(a) I/ We have examined and have no reservations to the Tender Document,

including any Addendum issued by the Authority.

(b) I/ We do not have any conflict of interest in accordance with Clauses 3.1(c) and

3.1(d) of the Instructions to Bidders of the Tender Document; and

(c) I/We have not directly or indirectly or through an agent engaged or indulged

in any corrupt practice, fraudulent practice, coercive practice, undesirable

practice or restrictive practice, as defined in this Tender Document, in respect

of any tender or request for proposal issued by or any agreement entered into

with the Authority or any other public sector enterprise or any government,

Central or State; and

(d) I/ We hereby certify that we have taken steps to ensure that no person acting

for us or on our behalf has engaged or will engage in any corrupt practice,

fraudulent practice, coercive practice, undesirable practice or restrictive

practice.

8. I/ We understand that you may cancel the Bidding Process at any time and that

you are neither bound to accept any Bid that you may receive nor to invite the

Bidders to Bid for the Project, without incurring any liability to the Bidders.

9. I/ We believe that we/ our Consortium/ proposed Consortium satisfy(ies) the Net

Worth criteria and meet(s) all the requirements as specified in the Tender

Document.

10. I/ We declare that we/ any Member of the Consortium, or our/ its Associates are

not a Member of a/ any other Consortium submitting a Bid for this Project.

11. I/ We certify that in regard to matters other than security and integrity of the

country, we/ any Member of the Consortium or any of our/ their Associates have

not been convicted by a Court of Law or indicted or adverse orders passed by a

regulatory authority which could cast a doubt on our ability to undertake the

Project or which relates to a grave offence that outrages the moral sense of the

community.

12. I/ We further certify that in regard to matters relating to security and integrity of

the country, we/ any Member of the Consortium or any of our/ their Associates

have not been charge-sheeted by any agency of the Government or convicted by

a Court of Law.

13. I/ We further certify that no investigation by a regulatory authority is pending

either against us/ any Member of the Consortium or against our/ their Associates

or against our CEO or any of our directors/ managers/ employees.


14. I/ We undertake that in case due to any change in facts or circumstances during

the Bidding Process, we are attracted by the provisions of disqualification in terms

of the provisions of this Tender Document, we shall intimate the Authority of the

same immediately.

15. The Statement of Legal Capacity as per format provided at Annex-IV in Appendix-

IA of the Tender Document, and duly signed, is enclosed. The Power of Attorney

for Signing of Bid and the Power of Attorney for Lead Member of Consortium, as

per format provided at Appendix III and IV respectively of the Tender Document,

are also enclosed.

16. I/We acknowledge and undertake that our Consortium is qualified on the basis of

Technical Capacity and Financial Capacity of all of its Members as specified in the

Tender Document. We further agree and acknowledge that the aforesaid

obligation shall be in addition to the obligations contained in the Conditions of

Contract in respect of Change in Ownership.

17. I/We acknowledge and agree that in the event of a change in control of an

Associate whose Technical Capacity and/ or Financial Capacity shall be taken into

consideration for the purposes of selection as Contractor under and in accordance

with the Tender Document, I/We shall inform the Authority forthwith along with

all relevant particulars and the Authority may, in its sole discretion, disqualify our

Consortium or withdraw the Letter of Award, as the case may be. I/We further

acknowledge and agree that in the event such change in control occurs after

signing of the Conditions of Contract but prior to completion of the works, it would,

notwithstanding anything to the contrary contained in the Conditions of Contract,

be deemed a breach thereof, and the Conditions of Contract shall be liable to be

terminated without the Authority being liable to us in any manner whatsoever.

18. I/We hereby irrevocably waive any right or remedy which we may have at any stage

at law or howsoever otherwise arising to challenge or question any decision taken

by the Authority in connection with the selection of the Bidder, or in connection

with the Bidding Process itself, in respect of the above mentioned Project and the

terms and implementation thereof.

19. In the event of my/ our being declared as the Selected Bidder, I/We agree to enter

into a Conditions of Contract agreement in accordance with the draft that has been

provided to me/us prior to the Bid Due Date. We agree not to seek any changes in

the aforesaid draft and agree to abide by the same.

20. I/We have studied all the Tender Documents carefully. We understand that except

to the extent as expressly set forth in the Conditions of Contract, we shall have no

claim, right or title arising out of any documents or information provided to us by


the Authority or in respect of any matter arising out of or relating to the Bidding

Process including the award of Contract.

21. I/We offer a Bid Security of INR 34,25,000 (Rupees Twenty Lakhs only) to the

Authority in accordance with the Tender Document.

22. The Bid Security in the form of a Bank Guarantee is attached.

23. The documents accompanying the Technical Bid, as specified in the Tender

Document, have been submitted.

24. I/We agree and understand that the Bid is subject to the provisions of the Tender

Documents. In no case, I/We shall have any claim or right of whatsoever nature if

the Project / Contract is not awarded to me/us or our Bid is not opened or rejected.

25. The Financial Bid has been quoted by me/us after taking into consideration all the

terms and conditions stated in the Tender Document, draft Conditions of Contract,

our own estimates of costs and after a careful assessment of the site and all the

conditions that may affect the Project cost and implementation of the Project.

26. I/ We agree and undertake to abide by all the terms and conditions of the Tender

Document.

27. We, the Consortium Members agree and undertake to be jointly and severally

liable for all the obligations of the Contractor under the Conditions of Contract till

completion of Works in accordance with the Conditions of Contract.}

28. I/We shall keep this offer valid for 180 (one hundred and eighty) days from the Bid

Due Date specified in the Tender Document.

29. I/ We hereby submit our Bid as indicated in Financial Bid quotes format for

undertaking the aforesaid Project in accordance with the Tender Documents

including without limitation the Conditions of Contract.

In witness thereof, I/we submit this Bid under and in accordance with the terms of

the Tender Document.

Yours faithfully,

Date: Place:

(Signature, Name and designation of the Authorised signatory)

(Name and seal of Bidder/ Lead Member)

Note: Paragraphs in curly parenthesis may be omitted by the Bidders, if not applicable

to it, or modified as necessary to reflect Bidder-specific particulars.


Appendix IA

Annex-I

Organizational Details of Bidder

Sr.

No.

Particulars Details

1 Name of Organization/ Individual Proprietary Firm/

Partnership Firm (Registered under the Partnership

Act, 1932 or the applicable laws of the jurisdiction

of its origin)/ Limited Company (Registered under

the Companies Act 1956 or 2013, as the case may

be, or under the applicable laws of the jurisdiction

of its origin) incorporated under applicable

governing laws.

2 Entity of Organization:

Individual/ Proprietary Firm/ Partnership Firm

(Registered under Partnership Act, 1932 or the

applicable laws of the jurisdiction of its origin)/

Limited Company (Registered under the Companies

Act–1956 or 2013, as the case may be, or under the

applicable laws of the jurisdiction of its origin)

incorporated under applicable governing laws

3 Address of Communication

4 Telephone Number with STD Code

5 Fax Number with STD Code

6 Mobile Number

7 E-mail Address for all communications

DETAILS OF AUTHORIZED REPRESENTATIVE/

SIGNATORY

1 Name

2 Designation

3 Postal Address with Pin code

4 Telephone Number with STD Code

5 Mobile Number

6. Email Address

In addition to the details mentioned above, the Selected Bidder shall provide details

about its main line of business and proposed roles and responsibilities in this Project,

hereunder:


In case of a Consortium:

(a) The information above should be provided for all the Members of the

Consortium.

(b) A copy of the Joint Bidding Agreement should be attached to the

Application.

(c) Information regarding the role of each Member should be provided as

per table below:

Sl.

No.

Name of Member Role* 6

1.

2.

3.

4.

* The role of each Member, as may be determined by the Bidder, should be

indicated such that CM means Construction Member, TM means

Technological Member, ONM means Operation & Maintenance Member; and

OM means Other Member. In case the Eligible Project relates to an Associate

of the Bidder or its Member, write “Associate” along with Member Code.

(d) The following information shall also be provided for each Member of the

Consortium:

Name of Bidder/ member of Consortium:

No. Criteria Yes No

1. Has the Bidder/ constituent of the Consortium been

barred7 by the Central/ State Government, or any

entity controlled by it, from participating in any

project?

2. If the answer to 1 is yes, does the bar subsist as on

the date of Bid?

3. Has the Bidder/ constituent of the Consortium paid

liquidated damages of more than 5% of the contract

value in a contract due to delay or has been penalised

6All provisions contained in curly parenthesis shall be suitably modified by the Bidder to reflect the

particulars relating to such Bidder.

8 To be confirmed.


due to any other reason in relation to execution of a

contract, in the last three years?

A statement by the Bidder and each of the Members of its Consortium (where

applicable) or any of their Associates disclosing material non-performance or

contractual non-compliance in past projects, contractual disputes and litigation/

arbitration in the recent past is given below (Attach extra sheets, if necessary):

Note: In case of partnership firm and limited company certified copy of partnership

deed/ Articles of Association and Memorandum of Association along with

registration certificate of the company shall have to be enclosed.


Appendix IA

ANNEX-II

TECHNICAL, FINANCIAL AND OTHER REQUIREMENTS

Technical Requirement: To be filled in by the contractor:

i) Details of successfully completed similar works shall be furnished in the following

format.

ii) Certificate duly signed by the employer shall also be enclosed for each completed

similar work.

iii) TDS certificate or 26AS form shall be furnished for cross verification of the value

for the work has been done.

Agreement

Number &

Year

Name

of

Work

Date of

Work

Order

Date of

Completion

Amount of

Completion

Value of

Contract

Employer's

Name and

Address


AVERAGE ANNUAL TURN OVER

Requirement: Average annual turnover from similar works not less than 100% of the

Estimated Cost of Works during the last 3 financial years;

To be filled in by the contractor:

Financial Year Payments received for contracts in

progress or completed in INR

2015-2016

2016-2017

2017-2018

Note:

i) Annual turnover of construction should be certified by the Chartered

Accountant.

ii) Audited balance sheet including all related notes, and income statements for the

above financial years to be enclosed.


List of Technical Personnel for the Key Positions

A. List of Technical Personnel for the Key Positions

Minimum Requirements:8

Sr. No.

Key Position

Min. Require-

ment Qualification Age

Similar Work

experience

Total Work Experience

1 Site Engineer

1 Degree in Civil Engineering

3 years 5 years

2 Material Engineer

1 Degree in Civil Engineering

5 years 10 years

3 Process Engineer

1 Diploma in Civil Engineering

3 years 5 years

4 Lab-in charge

1 Diploma in Civil Engineering

5 years 5 years

Availability with Bidder

Sr. No.

Name of Personnel

Key Personnel

Qualification Age Similar Work

experience

Total Work Experience

1

2

3

4

Note: Designation mentioned above are only indicative performing different tasks

and may be changed as per the contractor’s organization.

8 To be confirmed.


ANNEX-III

[Certificate from statutory auditor/ CA]


Appendix IA

Annex-IV

ANNEX-IV

Statement of Legal Capacity

(To be forwarded on the letterhead of the Bidder / Lead Member of Consortium)

Ref. Date:

To Chief Engineer Civil Engineering Department 3rd floor, ‘Port House’, Shoorji Vallabhdas Marg, Ballard Estate, Mumbai – 400 001 Telephone No.: +91-22-66564509 FAX No.: +91-22–22616804

Sub: Lumpsum Rate Tender for Survey, Investigation, Design,

Construction, Testing AND Commissioning of Sewage Treatment

Plant of 3.0 MLD Capacity at Tejas Nagar Colony, Wadala in Mumbai

Port Trust Estate.

Dear Sir,

We hereby confirm that we/ our members in the Consortium (constitution of which

has been described in the application) satisfy the terms and conditions laid out in the

Tender Document.

We have agreed that …………………… (insert member’s name) will act as the Lead

Member of our Consortium9.

We have agreed that ………………….. (insert individual’s name) will act as our

representative/ will act as the representative of the Consortium on its behalf and has

been duly authorized to submit the Tender Document. Further, the authorised

signatory is vested with requisite powers to furnish such letter and authenticate the

same.

Thanking you, Yours faithfully,

(Signature, name and designation of the authorised signatory)

For and on behalf of……………………………..

9 Please strike if this is not applicable


APPENDIX – II

Bank Guarantee for Bid Security

B.G. No. ……………… Dated:

1. In consideration of you [insert name of Authority], (hereinafter referred to as the

“Authority”, which expression shall unless it be repugnant to the subject or

context thereof include its, successors and assigns) having agreed to receive the

Bid of …………… (a Limited Company registered under the Companies Act, 1956 or

2013, as the case may be or a Limited Company incorporated under the

Companies Act in force in India or the applicable laws of the jurisdiction of its

origin or, an Individual Proprietary Firm/ Partnership Firm (registered under

Partnership Act, 1932 or the applicable laws of the jurisdiction of its origin)/

Corporation/Joint Venture incorporated under applicable governing laws.) And

having its registered office at ……………… (and acting on behalf of its Consortium)

(hereinafter referred to as the “Bidder” which expression shall unless it be

repugnant to the subject or context thereof include its/their executors

administrators, successors and assigns), for Lumpsum Rate Tender for Survey,

Investigation, Design, Construction, Testing AND Commissioning of Sewage

Treatment Plant of 3.0 MLD Capacity at Tejas Nagar Colony, Wadala in Mumbai

Port Trust Estate (hereinafter referred to as “the Project”) pursuant to the

Tender Document issued in respect of the Project and other related documents

including without limitation the draft Conditions of Contract (hereinafter

collectively referred to as “Tender Documents”), we (Name of the Bank) having

our registered office at …………….. and one of its branches at ………………

(hereinafter referred to as the “Bank”), at the request of the Bidder irrevocably,

unconditionally and without reservation guarantee the due and faithful

fulfilment and compliance of the terms and conditions of the Tender Documents

(including the ITB) by the said Bidder and unconditionally and irrevocably

undertake to pay forthwith to the Authority/Employer an amount of INR

34,25,000 (Rupees Twenty Lakhs only). (Rupees in figures) (hereinafter referred

to as the “Guarantee”) as our primary obligation without any demur, reservation,

recourse, contest or protest and without reference to the Bidder if the Bidder

shall fail to fulfil or comply with all or any of the terms and conditions contained

in the said Tender Documents.

2. Any such written demand made by the Authority stating that the Bidder is in

default of the due and faithful fulfilment and compliance with the terms and

conditions contained in the Tender Documents shall be final, conclusive and

binding on the Bank.


3. We, the Bank, do hereby unconditionally undertake to pay the amounts due and

payable under this Guarantee without any demur, reservation, recourse, contest

or protest and without any reference to the Bidder or any other person and

irrespective of whether the claim of the Authority is disputed by the Bidder or

not, merely on the first demand from the Authority stating that the amount

claimed is due to the Authority by reason of failure of the Bidder to fulfil and

comply with the terms and conditions contained in the Tender Documents

including failure of the said Bidder to keep its Bid open during the Bid validity

period as set forth in the said Tender Documents for any reason whatsoever. Any

such demand made on the Bank shall be conclusive as regards amount due and

payable by the Bank under this Guarantee. However, our liability under this

Guarantee shall be restricted to an amount not exceeding INR 34,25,000 (Rupees

Twenty Lakhs only).

4. This Guarantee shall be irrevocable and remain in full force for a period of 180

(one hundred and eighty) days from the Bid Due Date and a claim period of 60

(sixty) days or for such extended period as may be mutually agreed between the

Authority and the Bidder, and agreed to by the Bank, and shall continue to be

enforceable till all amounts under this Guarantee have been paid.

5. We, the Bank, further agree that the Authority shall be the sole judge to decide

as to whether the Bidder is in default of due and faithful fulfilment and

compliance with the terms and conditions contained in the Tender Documents

including, inter alia, the failure of the Bidder to keep its Bid open during the Bid

validity period set forth in the said Tender Documents, and the decision of the

Authority that the Bidder is in default as aforesaid shall be final and binding on

us, notwithstanding any differences between the Authority and the Bidder or any

dispute pending before any Court, Tribunal, Arbitrator or any other Authority.

6. The Guarantee shall not be affected by any change in the constitution or winding

up of the Bidder or the Bank or any absorption, merger or amalgamation of the

Bidder or the Bank with any other person.

7. In order to give full effect to this Guarantee, the Authority shall be entitled to

treat the Bank as the principal debtor. The Authority shall have the fullest liberty

without affecting in any way the liability of the Bank under this Guarantee from

time to time to vary any of the terms and conditions contained in the said Tender

Documents or to extend time for submission of the Bids or the Bid validity period

or the period for conveying acceptance of Letter of Award by the Bidder or the

period for fulfilment and compliance with all or any of the terms and conditions

contained in the said Tender Documents by the said Bidder or to postpone for

any time and from time to time any of the powers exercisable by it against the


said Bidder and either to enforce or forbear from enforcing any of the terms and

conditions contained in the said Tender Documents or the securities available to

the Authority, and the Bank shall not be released from its liability under these

presents by any exercise by the Authority of the liberty with reference to the

matters aforesaid or by reason of time being given to the said Bidder or any other

forbearance, act or omission on the part of the Authority or any indulgence by

the Authority to the said Bidder or by any change in the constitution of the

Authority or its absorption, merger or amalgamation with any other person or

any other matter or thing whatsoever which under the law relating to sureties

would but for this provision have the effect of releasing the Bank from its such

liability.

8. Any notice by way of request, demand or otherwise hereunder shall be

sufficiently given or made if addressed to the Bank and sent by courier or by

registered mail to the Bank at the address set forth herein.

9. We undertake to make the payment on receipt of your notice of claim on us

addressed to name of Bank along with branch address and delivered at our above

branch who shall be deemed to have been duly authorised to receive the said

notice of claim.

10. It shall not be necessary for the Authority to proceed against the said Bidder

before proceeding against the Bank and the guarantee herein contained shall be

enforceable against the Bank, notwithstanding any other security which the

Authority may have obtained from the said Bidder or any other person and which

shall, at the time when proceedings are taken against the Bank hereunder, be

outstanding or unrealised.

11. We, the Bank, further undertake not to revoke this Guarantee during its currency

except with the previous express consent of the Authority in writing.

12. The Bank declares that it has power to issue this Guarantee and discharge the

obligations contemplated herein, the undersigned is duly authorised and has full

power to execute this Guarantee for and on behalf of the Bank.

13. For the avoidance of doubt, the Bank’s liability under this Guarantee shall be

restricted to INR. 34,25,000 (Rupees Twenty Lakhs only). The Bank shall be liable

to pay the said amount or any part thereof only if the Authority serves a written

claim on the Bank in accordance with paragraph 9 hereof, on or before [.]

(indicate date falling 180 days after the Bid Due Date).

Signed and Delivered by ………………..

Bank


By the hand of Mr./Ms ……………., its………………. and authorised official.

(Signature of the Authorised Signatory)

(Official Seal)


APPENDIX-III

Format for Power of Attorney for signing of Bid

(To be executed on Stamp paper of appropriate value)

Know all men by these presents, We, ……………………… (name of the firm and address

of the registered office) do hereby irrevocably constitute, nominate, appoint and

authorize Mr. / Ms (Name), son/daughter/wife of………………………….. and presently

residing at ………………………., who is presently employed with us/ the Lead Member of

our Consortium and holding the position of ………………………………, as our true and

lawful attorney (hereinafter referred to as the “Attorney”) to do in our name and on

our behalf, all such acts, deeds and things as are necessary or required in connection

with or incidental to submission of our bid for the Lumpsum Rate Tender for Survey,

Investigation, Design, Construction, Testing AND Commissioning of Sewage Treatment

Plant of 3.0 MLD Capacity at Tejas Nagar Colony, Wadala in Mumbai Port Trust Estate

proposed or being developed by the [insert name of Authority] (the “Authority”)

including but not limited to signing and submission of all applications, bids and other

documents and writings, participate in bidders' and other conferences and providing

information/ responses to the Authority, representing us in all matters before the

Authority, signing and execution of all contracts including the Conditions of Contract

and undertakings consequent to acceptance of our bid, and generally dealing with the

Authority in all matters in connection with or relating to or arising out of our bid for

the said Project and/or upon award thereof to us and/or till the entering into of the

Conditions of Contract with the Authority.

AND we hereby agree to ratify and confirm and do hereby ratify and confirm all acts,

deeds and things done or caused to be done by our said Attorney pursuant to and in

exercise of the powers conferred by this Power of Attorney and that all acts, deeds

and things done by our said Attorney in exercise of the powers hereby conferred shall

and shall always be deemed to have been done by us.

IN WITNESS WHEREOF WE, ………………………….., THE ABOVE NAMED PRINCIPAL HAVE

EXECUTED THIS POWER OF ATTORNEY ON THIS ……………. DAY OF ……………, 20…...

For ……………………………..

(Signature, name, designation and address

of person authorized by Board Resolution

in case of Firms/Company)/Partner in case of

Partnership Firms


Witnesses:

1.

2.

Notarised

Person identified by me/personally appeared before me

/signed before me/Attested/Authenticated*

(*Notary to specify as applicable)

(Signature, Name and Address of the Notary)

Seal of the Notary

Registration Number of the Notary

Date_______________

Accepted

(Signature, name, designation and address of the Attorney)

Notes:

The mode of execution of the Power of Attorney should be in accordance with the

procedure, if any, laid down by the applicable law and the charter documents of

the executant(s) and when it is so required, the same should be under common

seal affixed in accordance with the required procedure.

Wherever required, the Bidder should submit for verification the extract of the

charter documents and documents such as a board or shareholders

resolution/power of attorney in favour of the person executing this Power of

Attorney for the delegation of power hereunder on behalf of the Bidder.

For a Power of Attorney executed and issued overseas, the document will also have

to be legalised by the Indian Embassy and notarised in the jurisdiction where the

Power of Attorney is being issued. However, the Power of Attorney provided by

Bidders from countries that have signed the Hague Legislation Convention, 1961

are not required to be legalised by the Indian Embassy if it carries a conforming

Apostille certificate.


APPENDIX-IV

Format for Power of Attorney for Lead Member of Consortium


Whereas the [insert name of Authority](“the Authority”) has invited bids from

interested parties for the Development of Lumpsum Rate Tender for Survey,

Investigation, Design, Construction, Testing AND Commissioning of Sewage Treatment

Plant of 3.0 MLD Capacity at Tejas Nagar Colony, Wadala in Mumbai Port Trust Estate

(the Project”).Whereas, [insert name of all Consortium Members] (collectively the

“Consortium”) being Members of the Consortium are interested in bidding for the

Project in accordance with the terms and conditions of the Request for Proposal and

other connected documents in respect of the Project, and

Whereas, it is necessary for the Members of the Consortium to designate one of them

as the Lead Member with all necessary power and authority to do for and on behalf of

the Consortium, all acts, deeds and things as may be necessary in connection with the

Consortium’s bid for the Project and its execution.

NOW THEREFORE KNOW ALL MEN BY THESE PRESENTS

We, …………….. having our registered office at …………………., M/s. ………………….., having

our registered office at ………………., and M/s. ……………….., having our registered office

at ……………………., (hereinafter collectively referred to as the “Principals”) do hereby

irrevocably designate, nominate, constitute, appoint and authorise M/s………………..,

having its registered office at ………………, being one of the Members of the Consortium,

as the Lead Member and true and lawful attorney of the Consortium (hereinafter

referred to as the “Attorney”) and hereby irrevocably authorise the Attorney (with

power to sub-delegate) to conduct all business for and on behalf of the Consortium

and any one of us during the bidding process and, in the event the Consortium is

awarded the Contract, during the execution of the Project, and in this regard, to do on

our behalf and on behalf of the Consortium, all or any of such acts, deeds or things as

are necessary or required or incidental to the submission of its bid for the Project,

including but not limited to signing and submission of all applications, bids and other

documents and writings, accept the Letter of Award, participate in bidders’ and other

conferences, respond to queries, submit information/ documents, sign and execute

contracts and undertakings consequent to acceptance of the bid of the Consortium

and generally to represent the Consortium in all its dealings with the Authority, and/

or any other Government Agency or any person, in all matters in connection with or

relating to or arising out of the Consortium’s bid for the Project and/ or upon award

thereof till the Contract Agreement is entered into with the Authority.


AND hereby agree to ratify and confirm and do hereby ratify and confirm all acts,

deeds and things done or caused to be done by our said Attorney pursuant to and in

exercise of the powers conferred by this Power of Attorney and that all acts, deeds

and things done by our said Attorney in exercise of the powers hereby conferred shall

and shall always be deemed to have been done by us/ Consortium.

IN WITNESS WHEREOF WE THE PRINCIPALS ABOVE NAMED HAVE EXECUTED THIS

POWER OF ATTORNEY ON THIS ………….. DAY OF …………… 20……..

For ……………….

(Signature, Name & Title)

For ……………….


For ……………….


Witnesses:

1.

2.

(Executants)

(To be executed by all the Members of the Consortium)

Notes:

The mode of execution of the Power of Attorney should be in accordance with the

procedure, if any, laid down by the applicable law and the charter documents of

the executant(s) and when it is so required, the same should be under common

seal affixed in accordance with the required procedure.


Wherever required, the Bidder should submit for verification the extract of the

charter documents and documents such as a resolution/ power of attorney in

favour of the person executing this Power of Attorney for the delegation of power

hereunder on behalf of the Bidder.

For a Power of Attorney executed and issued overseas, the document will also have

to be legalised by the Indian Embassy and notarised in the jurisdiction where the

Power of Attorney is being issued. However, the Power of Attorney provided by

Bidders from countries that have signed the Hague Legislation Convention, 1961

are not required to be legalised by the Indian Embassy if it carries a conforming

Apostille certificate.


APPENDIX V

Format for Joint Bidding Agreement for Consortium


THIS JOINT BIDDING AGREEMENT is entered into on this the ………… day of ………… 20…

AMONGST

1. {………… Limited, and having its registered office at………… } (hereinafter referred

to as the “First Part” which expression shall, unless repugnant to the context

include its successors and permitted assigns)

AND

2. {………… Limited, having its registered office at………… } and (hereinafter referred

to as the “Second Part” which expression shall, unless repugnant to the context


AND

3. {………… Limited, and having its registered office at …………} (hereinafter referred

to as the “Third Part” which expression shall, unless repugnant to the context


The above mentioned parties of the FIRST, {SECOND and THIRD} PART are collectively

referred to as the “Parties” and each is individually referred to as a “Party”

WHEREAS,

(A) Mumbai Port Trust10 and having its principal offices at Mumbai (hereinafter

referred to as the “Authority” which expression shall, unless repugnant to the

context or meaning thereof, include its administrators, successors and assigns)

has invited bids (the “Bids”) by its Request for Proposal No. …………dated …………

(The “Tender Document”) for award of contract for Lumpsum Rate Tender for

Survey, Investigation, Design, Construction, Testing AND Commissioning of

Sewage Treatment Plant of 3.0 MLD Capacity at Tejas Nagar Colony, Wadala in

Mumbai Port Trust Estate (the “Project”).

(B) The Parties are interested in jointly bidding for the Project as members of a

Consortium and in accordance with the terms and conditions of the Tender

Document and other bid documents in respect of the Project, and

10 insert name of Authority


(C) It is a necessary condition under the Tender Document that the members of the

Consortium shall enter into a Joint Bidding Agreement and furnish a copy

thereof with the Bid.

NOW IT IS HEREBY AGREED as follows

1. Definitions and Interpretations

In this Agreement, the capitalized terms shall, unless the context otherwise

requires, have the meaning ascribed thereto under the Tender Document.

2. Consortium

2.1 The Parties do hereby irrevocably constitute a consortium (the “Consortium”)

for the purposes of jointly participating in the Bidding Process for the Project.

2.2 The Parties hereby undertake to participate in the Bidding Process only through

this Consortium and not individually and/ or through any other consortium

constituted for this Project, either directly or indirectly or through any of their

Associates.

3. Role of the Parties

The Parties hereby undertake to perform the roles and responsibilities as

described below:

(a) Party of the First Part shall be the Lead member of the Consortium and

shall have the power of attorney from all Parties for conducting all

business for and on behalf of the Consortium during the Bidding [and

shall be designated as the Construction Member of the Consortium].

(b) Party of the Second Part shall be designated as {the O&M Member of

the Consortium;}

(c) Party of the Third Part shall be designated as {the Technological Member

of the Consortium; and}

4. Joint and Several Liability

The Parties do hereby undertake to be jointly and severally responsible for all

obligations and liabilities relating to the Project and in accordance with the

terms of the Tender Document and the Conditions of Contract, till completion

of the works is achieved under and in accordance with the Conditions of

Contract.

5. Representation of the Parties

Each Party represents to the other Parties as of the date of this Agreement that:


(a) Such Party is duly organised, validly existing and in good standing under

the laws of its incorporation and has all requisite power and authority to

enter into this Agreement;

(b) The execution, delivery and performance by such Party of this

Agreement has been authorised by all necessary and appropriate

corporate or governmental action and a copy of the extract of the

charter documents and board resolution/ power of attorney in favour of

the person executing this Agreement for the delegation of power and

authority to execute this Agreement on behalf of the Consortium

Member is annexed to this Agreement, and will not, to the best of its

knowledge:

(i) require any consent or approval not already obtained;

(ii) Violate any Applicable Law presently in effect and having

applicability to it;

(iii) Violate the memorandum and articles of association, by-laws or

other applicable organisational documents thereof;

(iv) violate any clearance, permit, contract, grant, license or other

governmental authorisation, approval, judgement, order or

decree or any mortgage agreement, indenture or any other

instrument to which such Party is a party or by which such Party

or any of its properties or assets are bound or that is otherwise

applicable to such Party; or

(v) create or impose any liens, mortgages, pledges, claims, security

interests, charges or Encumbrances or obligations to create a lien,

charge, pledge, security interest, encumbrances or mortgage in or

on the property of such Party, except for encumbrances that

would not, individually or in the aggregate, have a material

adverse effect on the financial condition or prospects or business

of such Party so as to prevent such Party from fulfilling its

obligations under this Agreement;

(c) this Agreement is the legal and binding obligation of such Party,

enforceable in accordance with its terms against it; and

(d) there is no litigation pending or, to the best of such Party's knowledge,

threatened to which it or any of its Affiliates is a party that presently

affects or which would have a material adverse effect on the financial

condition or prospects or business of such Party in the fulfilment of its

obligations under this Agreement.


6. Termination

This Agreement shall be effective from the date hereof and shall continue in full

force and effect until the completion of the work is achieved under and in

accordance with the Conditions of Contract, in case the Project is awarded to

the Consortium. However, in case the Consortium is either not pre-qualified for

the Project or does not get selected for award of the Project, the Agreement

will stand terminated in case the Bidder is not qualified/selected or upon return

of the Bid Security by the Authority to the Bidder, as the case may be.

7. Miscellaneous

7.1 This Joint Bidding Agreement shall be governed by laws of {India}.

7.2 The Parties acknowledge and accept that this Agreement shall not be amended

by the Parties without the prior written consent of the Authority.

IN WITNESS WHEREOF THE PARTIES ABOVE NAMED HAVE EXECUTED AND DELIVERED

THIS AGREEMENT AS OF THE DATE FIRST ABOVE WRITTEN.

SIGNED, SEALED AND DELIVERED SIGNED, SEALED AND DELIVERED

For and on behalf of

LEAD MEMBER by: SECOND PART

(Signature) (Signature)

(Name) (Name)

(Designation) (Designation)

(Address) (Address)

SIGNED, SEALED AND DELIVERED

For and on behalf of

THIRD PART

(Signature)

(Name)

(Designation)

(Address)


In the presence of:

1. 2.

Notes:

1. The mode of the execution of the Joint Bidding Agreement should be in

accordance with the procedure, if any, laid down by the Applicable Law and the

charter documents of the executant(s) and when it is so required, the same should

be under common seal affixed in accordance with the required procedure.

2. Each Joint Bidding Agreement should attach a copy of the extract of the charter

documents and documents such as resolution / power of attorney in favour of the

person executing this Agreement for the delegation of power and authority to

execute this Agreement on behalf of the Consortium Member.

3. For a Joint Bidding Agreement executed and issued overseas, the document shall

be legalised by the Indian Embassy and notarized in the jurisdiction where the

Power of Attorney has been executed.


APPENDIX- VI

Letter of Award

Dear Sir(s),

Your bid for the work mentioned above has been accepted on behalf of the (insert

Name of Authority) at your bided lump sum offer as per scope of work given therein.

You are requested to submit the following within 15 (Fifteen) days from the date of

issue of this letter:

a. the performance security/ performance guarantee of INR __________ (in

figures) (Rupees ____________________________________________ in

words) only being 5% of the total cost of the Project. The performance security

shall be in the shape of Bank Guarantee of any nationalized/ schedule

commercial bank valid up to valid up to term of the Conditions of Contract plus

three months.

b. Duly signed Conditions of Contract in the form specified by the Authority.

Please note the following:

(i) the time allowed for carrying out the work as entered in the bid is

__________ months including/excluding rainy season, shall be reckoned

from the date of signing the Contract Agreement and Conditions of Contract;

and

(ii) the O&M security of Rs. __________ (in figures) (Rupees

____________________________________________ in words) only being

20% of Construction Cost, to be submitted before the completion of design

built component valid up to 3 months beyond the end of O&M period. The

performance security shall be in the shape of Term Deposit Receipt/ Bank

Guarantee of any nationalized/ schedule commercial bank. (In prescribed

Format as per Annexure – 1)

(iii) Signing the contract agreement shall be reckoned as intimation to

commencement of work and no separate letter for commencement of work

is required.


APPENDIX- VII

Integrity Pact

INTEGRITY PACT BETWEEN

MUMBAI PORT TRUST (MbPT) hereinafter referred to as "The Authority"

AND

(Name of The bidders and consortium members) .................................

................................. hereinafter referred to as "The Bidder/Contractor”

Preamble: The Authority intends to award, under laid down organizational

procedures, contract for Tender No.E.80/2018. The Authority values full

compliance with all relevant laws and regulations, and the principles of economic

use of resources, and of fairness and transparency in its relations with its Bidders.

The Central Vigilance Commission (CVC) has been promoting i ntegrity,

transparency, equity and competitiveness in Government / PSU transactions and

as a part of vigilance administration and superintendence, CVC has, recommended

adoption of Integrity Pact and provided basic guidelines for its implementation in

respect of major procurements in the Government Organizations in pursuance of

the same, the Authority agrees to appoint an external independent Monitor who

will monitor the execution of the contract for compliance with the principles

mentioned above.

Section 1 - Commitments of the Authority

(1) The Authority commits itself to take all measures necessary to prevent

corruption and to observe the following principles:

(a) No employee of the Authority, personally or through family members,

will in connection with the execution of a contract, demand, take a

promise for or accept, for him/herself or third person, any material or

immaterial benefit which he/she is not legally entitled to.

(b) The Authority will, during the pre-contract stage, treat all BIDDERs

alike, and will provide to all BIDDERs the same information and will not

provide any such information to any particular BIDDER which could afford

an advantage to that particular BIDDER in comparison to other BIDDERs.

(c) The Authority will exclude from the process all known prejudicial persons.

(2) If the Authority obtains information on the conduct of any of its employees

which is a criminal offence under the relevant Anti-Corruption Laws of India,


or if there be a substantive suspicion in this regard, the Authority will inform

its Vigilance Office and in addition can initiate disciplinary actions. In such a

case, while an enquiry is being conducted by the Authority, the proceedings

under the contract would not be stalled.

Section 2 - Commitments of the Bidder / Contractor

(1) The Bidder/Contractor commits themselves to take all measures necessary to

prevent corrupt practices, unfair means and illegal activities, during pre-

contract as well as post- contract stages. He commits himself to observe the

following principles during the contract execution.

a) The Bidder/Contractor will not, directly or through any other person or

firm, offer, promise or give to any of the Authority's employees involved

in the execution of the contract or to any third person any material or

immaterial benefit, which he/she is not legally entitled to, in order to

obtain in exchange of advantage of any kind, whatsoever during the

execution of the contract.

b) The Bidder/Contractor will not enter with other Bidder into any undisclosed

agreement or understanding, whether formal or informal. This applies

in particular to prices, specifications, certifications, subsidiary contracts,

submission or non-submission of bids, or any other actions to restrict

competitiveness, or to introduce cartelization in the bidding process.

c) The Bidder/Contractor will not commit any offence, under the relevant

Anticorruption Laws of India; further the Bidder/Contractor will not use

improperly, for purposes of competition, or personal gain, or pass on to

others, any information or document provided by the Authority, as part

of the business relationship, regarding plans, technical proposals and

business details, including information contained or transmitted

electronically.

d) The Bidder will not collude with other parties interested in the contract to

impair the transparency, fairness and progress of the bidding process, bid

evaluation, contracting and implementation of the contract.

e) The Bidder/Contractor will, when presenting his bid, disclose any and all

payments he has made, is committed to or intends to make to agents,

brokers or any other intermediaries, in connection with the award of the

contract.

f) The Bidder commits to refrain from giving any complaint directly or

through any other manner without supporting it with full and verifiable

facts.


g) The Bidder shall not lend to or borrow any money from or enter into any

monetary dealings or transactions, directly or indirectly, with any

employee of the Authority.

(2) The Bidder/Contractor will not instigate third persons to commit offences

outlined above or be an accessory to such offences.

Section-3 Disqualification from or exclusion from future contracts

If the Bidder, before award of contract, has committed a transgression, through

a violation of Section-2 or in any other form, such as to put his reliability as Bidder,

into question, the Authority is entitled to disqualify the Bidder, from the tender

process, or to terminate the contract, if already signed, for such reason.

1. If the Bidder/Contractor has committed a transgression, through a violation of

Section-2, such as to put his reliability, or credibility into question, the Authority

is entitled to disqualify the Bidder/Contractor from the tender process,

terminate the contract if already awarded and also, to exclude the

Bidder/Contractor from future contract award processes. The imposition and

duration of the exclusion, will be determined by the severity of the

transgression. The severity will be determined, by the circumstances of the

case, in particular the number of transgressions, the position of the

transgressions, wi th in the company hierarchy of the Bidder and the amount

of the damage. The execution will be imposed for a minimum of 6 months and

maximum of 3 years.

Note: A transgression is considered to have occurred, if in the light of available

evidence, no reasonable doubt is possible.

2. The Bidder accepts and undertakes to respect and uphold, the Authority’s

Absolute right to resort to and impose such exclusion and further accepts and

undertakes, not to challenge or question such exclusion, on any ground,

including the lack of any hearing before the decision, to resort to such

exclusion is taken. This undertaking is given freely and after obtaining

independent legal advice.

3. If the Bidder/Contractor can prove that, he has restored/recouped the Damage

caused by him and has installed a suitable corruption prevention system, the

Authority may revoke the exclusion prematurely.

Section-4 Compensation for damages

1. If the Authority has disqualified the Bidder, from the tender process prior

to the award, according to Section-3, the Authority is entitled to demand and

recover the damages equivalent to Bid Security.


2. If the Authority has terminated the contract according to Section-3, or if the

Authority is entitled to terminate the contract according to Section-3, the

Authority shall be entitled to demand and recover from the Contractor,

liquidated damages equivalent to 5% of the contract value, or the amount

equivalent to Security Deposit/Performance Bank Guarantee, whichever is

higher.

3. The Bidder agrees and undertakes to pay the said amounts, without protest

or demur, subject only to condition that, if the Bidder/Contractor can prove

and establish that the termination of the contract, after the contract award

has caused no damage or less damage than the amount of the liquidated

damages, the Bidder/Contractor shall compensate the Authority, only to the

extent of the damage in the amount proved.

Section-5 Previous transgression

1. The Bidder declares that, no previous transgression has occurred in the last 3

years, with any other company, in any country, or with any other Public

Sector Enterprises in India, that could justify his exclusion from the award of

the contract.

2. If the Bidder makes incorrect statement on this subject, it can be declared

disqualified for the purpose of the contract and the same can be terminated

for such reason.

Section-6 Equal treatment of all Bidders/Contractors/ Subcontractors

1. The Bidder/Contractor undertakes to demand from all subcontractors, a

commitment in conformity with this Integrity Pact, and to submit it to the

Authority before contract signing.

2. The Authority will enter into agreements with identical conditions as this one

which all Bidders, Contractors and Subcontractors.

3. The Authority will disqualify from the tender process all Bidders, who do not

sign this part or violates its provisions.

Section-7. Criminal charges against violating Bidders/ Contractors/ Sub-

contractors

If the Authority obtains knowledge of conduct of a Bidder/Contractor or

Subcontractor, or of an employee, or a representative, or an associate of a

Bidder/Contractor, or Subcontractor, which constitutes corruption, or if the

Authority has substantive suspicion, in this regard, the Authority will inform the

Vigilance office.


Section-8. External Independent Monitor

1. Pursuant to the need to implement and operate this Integrity Pact the

Authority has appointed Shri P.K. Gopinath, IPoS (Rtd) independent Monitor,

for this Pact. The task of the Monitor, is to review independently and

objectively, whether and to what extent, the parties comply with the

obligations under this agreement.

2. The Monitor is not subject to instructions, by the representative of the parties

to the Chairperson of the Board of the Authority.

3. The Bidder/Contractor accepts that, the monitor has the right to access,

without restriction to all Project documentation of the Authority, including

that provided by the Contractor. The Bidder/Contractor will also grant the

Monitor, upon his request and demonstration of a valid interest, unrestricted

and unconditional access, to the project documentation. The same is

applicable to Subcontractors. The monitor is under contractual obligation, to

treat the information and documents of the Bidder/Contractor/Subcontractor

with confidentiality.

4. The Authority will provide to the Monitor, sufficient information about all

meetings, among the parties related to the Project, provided such meetings

could have an impact, on the contractual relations between the Authority and

the Bidder/Contractor. The parties offer to the Monitor the option to

participate in such meetings.

5. As soon as the Monitor notices a violation of this agreement, he will so inform

the Management of the Authority and request the management to

discontinue, or heal the violation. Or to take other relevant action. The

Monitor can in this regard submit non- binding recommendations. Beyond

this, the Monitor has no right to demand from the parties, that they act in

a specific manner, refrain from action or tolerate action.

6. The Monitor will submit a written report, to the Chairperson of the Board

of the Authority, within 8 to 10 weeks, from the date of reference of

intimation to him by the ' Authority ' and, should the occasion arise, submit

proposals for correcting problematic situations.

7. If the Monitor has reported to the Chairperson of the Board, a substantiate

suspension of an offence, under relevant Anti-Corruption Laws of India, and

the Chairperson has not, within reasonable time, taken visible action to proceed

against such offence, or reported it to the Vigilance Office, the Monitor may

also transmit this information directly to the Central Vigilance Commissioner,

Government of India.


Section-9 Pact Duration

This Pact begins when both parties have signed it. It expires 12 months after

the last payment under the contract Agreement is made.

If any claim is made/lodged during this time, the same shall be binding and continue

be valid, despite the lapse of this Pact, as specified above, unless it is

discharged/determined Chairperson of the Authority.

The Pact duration in respect of unsuccessful Bidders shall expire after 3 months

of the award of the contract.

Section-10: Other Provisions

1. This agreement is subject to Indian Law. Place of performance and jurisdiction

is the Registered Office of the Authority, i.e. Mumbai, Maharashtra.

2. Changes and supplements as well as termination notices, need to be made in

writing, before they become effective and binding on the both parties.

3. If the Bidder / Contractor is a partnership or a consortium, this agreement must

be, signed by all partners or consortium members.

4. Should one or several provisions of this agreement, turn out to be invalid, the

remainder of this agreement remains valid. In this case, the parties will strive

to come to an agreement, to their original intensions.

For the Authority For the Bidder/Contractor

Place: Mumbai

Witness-1 : .....................................

Witness-2 : .....................................

Date : dd/mm/yy



Tender No.E.80/2018


CONDITIONS OF CONTRACT

Part – I General Conditions of Contract [GCC]

TABLE OF CLAUSES OF GCC

Clause No. Particulars Clause

No. Particulars

A. General C. Quality Control

1 Definitions 22 Correction of Defects noticed during the Defect Liability Period

2 Interpretations and Documents 23 Project Engineer/ Independent Consultant

3 Language and Law 24 Variation

4 Communications 25 Change in Law

5 Scope of Contract D. Cost Control

6 Conditions Precedent and Term 26 No compensation for alterations in or restriction of work to be carried out.

7 Site Ownership 27 No Interest payable

8 Subcontracting 28 Tax

9 General Obligations of the Contractor

29 Check Measurements

10 Representations and Warranties 30 Events of Default

11 Force Majeure 31 Consequences of Termination

12 Contractor’s Risks 32 Termination Payments

13 Indemnity 33 Performance Security and O&M Security

14 Discoveries 34 Payment Terms

15 Dispute Resolution E. Finishing the Contract

B. Time Control 35 Final Survey and Hand-Over Requirements

16 Construction Period 36 Currencies

17 Construction Timelines and Final Completion

37 Labour

18 O&M Period 38 Compliance with Labour Regulations & Construction Safety


19 KPIs for O&M Period 39 Audit and Technical Examination

20 Liquidated Damages 40 Death and Permanent Invalidity of Contractor

21 Extension of Time and Delay Events

41 Miscellaneous



Tender No.E.80/2018


A. General

1. Definitions

1.1. Affected Party: shall have the meaning provided in Clause 11.1.

1.2. Applicable Laws: means the Constitution of India and all and any laws,

enacted or brought into force and effect by the Government of India, any State

Government, any Government Authority or any local government having

jurisdiction over the Parties, the Site or the Project, including rules, regulations

and notifications made thereunder, and judgments, decrees, injunctions, writs

and orders of any court of record, as may be applicable to the execution of

this Agreement and the performance of the respective rights and obligations

of the Parties, as may be in force and effect during the subsistence of this

Contract.

1.3. Applicable Permits: means any permissions, clearances, contract,

authorizations, consents, licenses, permits, rulings, exemptions, no

objections, resolutions, filings, orders, notarizations, registrations or

approvals of whatsoever nature that are required to be obtained from time to

time in connection with the Project, and for generally performing the

obligations contemplated by this Contract in accordance with the Applicable

Laws.

1.4. Appointed Date: shall mean the date of execution of this Contract.

1.5. Arbitration Act: shall mean the Arbitration and Conciliation Act, 1996 and all

amendments thereto.

1.6. Authorized Laboratory: shall have the meaning provided in Clause 18.4 (f).

1.7. Availability: shall have the meaning provided in Clause 19.1.


1.8. Availability Liquidated Damages: shall have the meaning provided in Clause

20.8.

1.9. Bid: shall mean the documents in their entirety comprised in the bid

submitted by the Selected Bidder in response to the Request for Proposal in

accordance with the provisions thereof.

1.10. Bid Project Cost: shall mean the total estimated investment to be incurred by

the contractor during the construction and operation & maintenance of the

facility.

1.11. Bid Security: shall have the meaning provided in the ITB.

1.12. Change in Law: means the occurrence of any of the following after the date

of Bid:

a) the enactment of any new Indian law as applicable to the Project;

b) the repeal, modification or re-enactment of any existing Indian law;

c) the commencement of any Indian law which has not entered into effect

until the date of Bid;

d) a change in the interpretation or application of any Indian law by a

judgement of a court of record which has become final, conclusive and

binding, as compared to such interpretation or application by a court of

record prior to the date of Bid; or

e) any change in the rates of any of the Taxes that have a direct effect on the

Project;

but shall not include (i) any change in any withholding or other tax on income

or dividends distributed to the shareholders of the Contractor; (ii) imposition

of standards and condition of operations, maintenance and safety arising out

of a new or revised environmental safety laws; or (iii) imposition of standards

and terms of employment and working conditions of labourers and workmen.

1.13. COD: shall mean commercial operations date.

1.14. COD Certificate: means the certificate issued by the Employer to the

Contractor upon the issuance of the Trial Operations Completion Certificate

for the Facility.


1.15. Completion Certificate: shall together mean the Milestone Completion

Certificates and the Final Construction Completion Certificate.

1.16. Conditions Precedent: shall mean means collectively, the obligations of the

Contractor that are set out at Clause 6.2, the obligations of the Employer that

are set out at Clause 6.3 and 'Condition Precedent' means any one of them.

1.17. Confidential Information: shall mean means any part of this Contract, or any

information contained therein or any material provided to any Party pursuant

to this Contract, all of which information shall be deemed to be confidential,

except to the extent that this Contract otherwise requires.

1.18. Construction Period: shall have the meaning provided in Clause 16.1.

1.19. Construction Plan: means the detailed construction plan for the Facility and

the to be prepared by the Contractor, which will set out the work to be

performed by the Contractor to achieve each of the Milestones and which has

been approved by the Employer and the Project Engineer.

1.20. Construction Payment: shall mean the payments to be made to the

Contractor during the Construction Period, upon satisfactory completion of

the Milestones.

1.21. Contract: means the Contract between the Employer and the Contractor to

execute, complete and/or maintain the work and shall include the General

Conditions of Contract (GCC) and the Special Conditions of Contract (SCC).

1.22. Contract Price: shall mean the total price quoted by the Selected Bidder at the

time of bidding for performing activities contemplated under this Contract

and the ITB.

1.23. Contractor: means a person or legal entity whose bid to carry out the work

has been accepted by the Employer.

1.24. Contractor Event of Default: shall have the meaning ascribed to it in Clause

30 A.

1.25. Contractor's bid: means the completed bid document submitted by the

Contractor to the Employer.

1.26. Construction Payment: shall mean the payments which the Authority shall

make in accordance with Clause 34.3.


1.27. CP Waiver Notice: shall have the meaning provided in Clause 6.1.

1.28. Defect: means any part of the work not completed in accordance with the

Specifications and Drawings included in the Contract.

1.29. Defect Liability Period: shall have the meaning ascribed to it in Clause 22.1.

1.30. Delay Event: shall have the meaning provided in Clause 21.1.

1.31. Delay Liquidated Damages: shall have the meaning ascribed to it in Clause

20.1.

1.32. Department: means department Mumbai Port Trust

1.33. Design Capacity: means the average flow of Sewage that the Facility should

be designed to handle and treat in a day.

1.34. Digested Sludge: means the sludge which is obtained after treatment and

digestion of the Sewage.

1.35. Direct Political Force Majeure Event: shall have the meaning provided in

Clause 11.1 C.

1.36. Dispute: shall have the meaning ascribed to it in Clause 15.

1.37. Dispute Notice: shall have the meaning provided to it in Clause 15.

1.38. Drawings: means such drawings including calculations and other information

provided by the Contractor and approved by the Project Engineer or Technical

Institution.

1.39. Effective Date: shall mean the date on which the conditions precedent

mentioned in Clauses 6.2 and 6.3 of this Contract have been fulfilled or waived

off by the Contractor or the Employer, as the case may be, in accordance with

this Contract.

1.40. Employer: means the party who employs the Contractor to carry out the work.

1.41. Employer Event of Default: shall have the meaning provided in Clause 30.5.

1.42. Emergency: means a condition or situation that endangers, or which in the

reasonable opinion of the Employer, the Project Engineer or the Contractor,

may endanger the environment or lives or security of people at or around the

Site or that poses an imminent threat of material damage to any property

(including the Facility itself) at or around the Site.


1.43. Engineer in charge: means the nodal officer of the Employer engaged for the

purpose of commissioning of Facility, execution and overall operation and

maintenance of the Project.

1.44. EHS Plan: means the environment management and health and safety plan

prepared by the Contractor and approved by the Employer and the Project

Engineer or the Technical Institution.

1.45. Equipment: means the Contractor's machinery and vehicles brought

temporarily to the Site for execution of work.

1.46. Facility: shall mean the STP and all other facilities which are to be constructed

in accordance with the scope of work defined in Clause 1.1 of the Tender

Notice section of the Tender Document.

1.47. Final Construction Completion Date: shall mean with respect to the Facility,

the date on which the Final Construction Completion Certificate is issued to

the Contractor whereby the Facility shall be considered completed.

1.48. Final Construction Completion Certificate: shall mean the certificate issued

by the Employer to the Contractor to certify completion of construction of the

Facility.

1.49. FM Notice: shall refer to the notice mentioned in Clause 11.2.

1.50. Force Majeure Event: shall have the meaning provided in Clause 11.1.

1.51. Good Industry Practice: means the exercise of such degree of skill, diligence

and prudence, and those practices, methods, specifications and standards of

equipment, safety and performance, as may change from time to time and

which would reasonably and ordinarily be expected to be used by a skilled and

experienced contractor engaged in construction, management and

maintenance of STPs in India of the type and size similar to the Facility.

1.52. Government: means Government of India and or any relevant state

government.

1.53. Government Authority: shall mean the Government of India, any state, any

local government or any other ministry, governmental department,

commission, board, body, bureau, agency, authority, instrumentality,

inspectorate, statutory corporation or body corporate over which the


Government of India exercises control, court, tribunal or other judicial or

administrative body or official or person, having jurisdiction over the

Contractor, the Site, the Facility and the performance of obligations and

exercise of the rights of the Parties in accordance with the this Agreement.

1.54. Guaranteed Availability: shall have the meaning provided in Clause 19.1.

1.55. Guaranteed Energy Consumption: means the maximum number of units of

power presented by the Contractor in its O&M Manual, and during the time

of bidding, which it expects to consume in each year of the O&M Period.

1.56. Hand-Back Conditions: shall mean the condition in which the Site and the

Facility, shall be handed back to the Employer on expiry or early termination

of this Contract, which is consistent with the due performance of the

Contractor's obligations under this Contract.

1.57. Independent Consultant: shall have the meaning provided in Clause 23.8.

1.58. In-house Laboratory: shall mean the laboratory which is to be set up the by

the Contractor in accordance with the terms of this Agreement at the Site for

the purpose of testing the Treated Water and the raw Sewage in the manner

specified in this Agreement.

1.59. Inlet Point: shall mean the point mutually agreed upon between the Employer

and the Contractor, at the STP where the raw Sewage samples shall be tested

to check compliance with Threshold Influent Standards.

1.60. Indirect Political Force Majeure Event: shall have the meaning provided in

Clause 11.1 B.

1.61. Intellectual Property Rights: means patents, copyrights, database rights,

design rights, trade-marks, service marks, trade names, domain names, rights

in reputation, rights in undisclosed or confidential information (such as know-

how, trade secrets and inventions, whether patentable or not), and other

rights of a like nature (whether registered or unregistered) and all applications

for such rights as may exist anywhere in the world.

1.62. KPIs: shall mean the key performance indicators specified in Clause 19 and

Annexure 9.

1.63. KPI Adherence Report: shall have the meaning provided in Clause 23.12.


1.64. Material Adverse Effect: shall mean means the effect of any act or event,

which materially and adversely affects the ability of any Party to exercise its

rights or perform any of its obligations under and in accordance with this

Contract and which act or event causes a material financial burden or loss to

any Party

1.65. Milestone: shall mean means the milestones listed in the Construction Plan

for release of the Construction Payments to the Contractor, and 'Milestone'

shall mean any one of them, as the context may require.

1.66. Milestone Completion Certificate: means, in respect of any Milestone, a

certificate issued by the Employer in accordance with Clause 17.2 to certify

that such Milestone has been achieved in accordance with the requirements

of this Contract.

1.67. Mobilization Advance Guarantee: shall have the meaning provided in Clause

33.17.

1.68. Mobilization Advance: shall mean an amount equivalent to 10% of the Bid

Project Cost that is to be paid in advance to the Contractor for mobilization

and execution of the construction works for the Facility.

1.69. Non-Political Force Majeure Event: shall have the meaning provided in Clause

11.1 A.

1.70. Notice of Arbitration: shall have the meaning provided in Clause 15.

1.71. Outlet Point: shall mean the outlet at the STP, as agreed between the Parties,

where the Treated Water shall be tested to ensure compliance with the

Treated Water Standards.

1.72. O&M Charges: shall mean the amount to be paid per quarter to the

Contractor to operate and maintain the Facility excluding the Power Charges,

during the O&M Period.

1.73. O&M Manual: means the manual required to be prepared by the Contractor

and approved by the Employer and the Independent Consultant, if appointed,

for the operation and maintenance of the Facility in accordance with Clause

18.2.


1.74. O&M Payments: means collectively the: (a) O&M Charges; and (b) Power

Charges (subject to the cap of the Power Charges based on the Guaranteed

Energy Consumption), to be paid by the Employer to the Contractor during the

O&M Period, in accordance with this Contract.

1.75. O&M Period: shall mean a period of 10 years from the COD during which the

Contractor shall operate and maintain the Facility.

1.76. O&M Security: shall have the meaning ascribed to it in Clause 33.3.

1.77. Payment Milestone: shall have the meaning ascribed to it in Clause 34.3.

1.78. Performance Liquidated Damages: shall have the meaning ascribed to it in

Clause 20.10 and have been provided in Annexure 9.

1.79. Performance Security: shall have the meaning ascribed to it in Clause 33.1.

1.80. Power Consumption Liquidated Damages: shall have the meaning ascribed to

it in Clause 34.4 (b).

1.81. Power Charges: means the cost of the power consumed by the Contractor to

operate and maintain the Facility during the O&M Period, which will be

calculated on the basis of the prevailing Power Unit Rate.

1.82. Power Unit Rate: means the cost per unit of power drawn from the grid

(through a distribution licensee), which will be the prevailing tariff per unit of

power charged by the relevant distribution licensee in the relevant month

during the O&M Period.

1.83. Price Index: shall have the meaning provided in Clause 34.4 (a).

1.84. Project Engineer: shall have the meaning provided in Clause 23.1

1.85. Project: means the design, construction, operation and maintenance of the

Facility in accordance with the terms of this Contract.

1.86. Proposed Technology: shall mean proven technology/technologies proposed

to be used by the Contractor to develop the Facility, as specified by the

Contractor in its Drawings.

1.87. Right of Way: shall mean the rights of way, authorization, rights, consents,

approvals including easement rights of way to the Site, as required and

necessary in accordance with Applicable Laws to enable the Contractor to

survey, investigate, design, construct, test, commissioning


1.88. Selected Bidder: shall have the meaning given to it in the Tender Document

and the ITB.

1.89. STP By-Products: means the by-products of the treatment process after the

Sewage has passed through the Facility comprising the Digested Sludge, the

residual grit and the screenings.

1.90. Specification: means the specification of the work included in the Contract

and Annexure 10 and any modification or addition made or approved by the

Project Engineer or the Technical Institution.

1.91. Site: means the land admeasuring acres in [Insert location], required by the

Contractor to develop the Facility.

1.92. Scheduled Bank: shall mean a bank as defined under section 2(e) of the

Reserve Bank of India Act, 1934.

1.93. Scheduled COD: shall be the date which is seven days post the grant of the

Trial Operation Completion Certificate.

1.94. Scheduled Final Construction Completion Date: shall mean the date which is

one year from the Effective Date, by which the Contactor is required to

complete the construction of the Facility as specified in the Construction Plan.

1.95. Scheduled Maintenance: means a planned maintenance of the Facility that:

a) has been scheduled and allowed by the Employer in accordance with the

Scheduled Maintenance Programme; and b) is for inspection, testing,

preventive and corrective maintenance, repairs, replacement or improvement

of the Facility, as the case may be.

1.96. Scheduled Maintenance Programme: shall mean for each year of the O&M

Period, the schedule for undertaking preventive and corrective maintenance

of the Facility, as prepared by the Contractor and approved by the Employer.

1.97. Scheduled Milestone Completion Date: means the scheduled date of

completion of the construction work corresponding to the relevant Milestone

as specified in the Construction Plan.

1.98. Sewage: means the sewage that is in liquid, solid or semi-solid form and

brought for treatment to the Facility/STP.

1.99. STP: shall mean sewage treatment plant


1.100. Subcontractor: means a person or corporate body who has a Contract (duly

authorized by the Employer) with the Contractor to carry out a part of the

construction work under the Contract.

1.101. Technical Institution: shall have the meaning provided in Clause 23.7.

1.102. Term: shall have the meaning provided in Clause 6.5.

1.103. Tender / Bid, Tenderer /Bidder: are the synonyms and carry the same

meaning where ever used.

1.104. Threshold Influent Standards: means the permissible standards and

characteristics set out in the Specifications for testing the incoming Sewage at

the Inlet Point.

1.105. Treated Water: shall mean the water which obtained after the treatment of

the Sewage from the STP.

1.106. Treated Water Standards: means the standards set out in Annexure 9 to

which the Treated Water must comply with at the Outlet Point.

1.107. Trial Operations: means the operation of the Facility on a trial basis during the

Trial Period in accordance with Clause 17.6.

1.108. Trial Period: means a period of 1 month from the Final Construction

Completion Date during which trial runs of the Facility shall be conducted to

ensure that the Facility is fit for purpose and comply with the Specifications

and the KPIs, which period may be extended in accordance with Clause 17.6.

1.109. Trial Operations Completion Certificate: shall mean the certificate issued by

the Employer to the Contractor upon successful completion of the Trial

Operations of the Facility.

1.110. Unscheduled Outage: Shall mean an interruption or reduction in the

availability of STP that is not a result of schedule maintenance

1.111. Variation: means any change in the work which is instructed or approved by

the Employer or the Contractor, as the case may be, in accordance with Clause

24.

1.112. Variation Order: shall have the meaning provided in Clause 24.1.


2. Interpretations and Documents

2.1. Interpretations

In the contract, except where the context requires otherwise:

a. words indicating one gender include all genders;

b. words indicating the singular also include the plural and vice versa.

c. provisions including the word “agree”, “agreed” or “agreement” require the agreement to be recorded in writing;

d.

e. written” or “in writing” means hand-written, type-written, printed or electronically made, and resulting in a permanent record;

2.2. Documents Forming Part of Contract:

1. NIT with all amendments.

2. Instructions to Bidders

3. Conditions of Contract:

i. Part I General Conditions of Contract with all Annexures

ii. Part II Special Conditions of Contract.

4. Specifications

5. Drawings

6. Technical and Financial Bid

7. Agreement

8. Any other document (s), as specified.

2.2.1. Priority of bid document

1. Special Condition of Contract

2. General Condition of Contract

3. Scope of Work

4. Specifications

5. Drawings

3. Language and Law

The language of the Contract and the law governing the Contract shall be

English and the laws of India, respectively, and the courts at Mumbai shall


have exclusive jurisdiction over matters arising out of or relating to this

Contract.

4. Communications

All certificates, notice or instruction to be given to the Contractor by the

Employer shall be sent on the address or contact details given by the

Contractor in the ITB. The address and contact details for communication with

the Employer shall be as per the details given below:

Employer:

Name of designated official:

Address:

Phone Number:

Fax:

Email id:

Contractor:

Name of designated official:

Address:

Phone Number:

Fax:

Email id:

Communication between parties that are referred to in the conditions shall be

in writing. The notice sent by facsimile (fax) or other electronic means (email)

shall also be effective on confirmation of the transmission. The notice sent by

registered post or speed post shall be effective on delivery or at the expiry of

the normal delivery period as undertaken by the postal service. In case of any

change in address for communication, the same shall be immediately notified

to Engineer-in-Charge.

5. Scope of Contract

5.1. The scope of the Project shall be as follows:

a) Designing, constructing and completing the Facility by the Scheduled Final

Construction Completion Date, in accordance with Applicable Laws,

Applicable Permits, Specifications, Drawings, the Construction Plan, the

EHS Plan and Good Industry Practices.

b) Operating and maintaining the Facility in accordance with Applicable

Laws, Applicable Permits, Specifications, Drawings, the O&M Manual, EHS

Plan and Good Industry Practices to ensure compliance with the KPIs.

5.2. In accordance with the terms of this Contract, on and from the Effective Date and subject to Applicable Laws and Applicable Permits, the Employer grants to the Contractor, the exclusive right to:

a) design, construct, develop and complete the Facility during the

Construction Period; and


b) upon completion of construction of the Facility, operate and maintain the

Facility during the O&M Period.

5.3. The grant of the contract mentioned above, shall entitle the Contractor to do the following: a) access to the Site from the Effective Date, for the sole purpose of

implementing the Project;

b) apply for and obtain all Applicable Permits and utilities required to

undertake the Project;

c) complete the construction of the Facility on or before the Scheduled Final

Construction Completion Date;

d) upon completion of construction of the Facility, undertake Trial

Operations during the Trial Period;

e) upon successful completion of the Trial Operations, operate and maintain

the Facility for 10 years;

f) receive, treat and process Sewage in accordance with the Treated Water

Standards;

g) receive the Construction Payments during the Construction Period and

the O&M Payments during the O&M Period, subject to compliance with

the terms and performance of the obligations under this Contract; and

h) appoint Subcontractors and enter into subcontracts to undertake the

Project, with the prior approval of the Employer.

5.4. Proposed Technology

a) The Contractor shall design and develop the Facility on the basis of the

Proposed Technology, approved by the Employer.

b) Intentionally Left Blank.

c) If the Selected Bidder does not own the Proposed Technology, then the

Contractor shall, at its own cost, enter into a technology license

agreement with the technology provider, under which the technology

provider will grant to the Contractor an irrevocable, perpetual, assignable

and royalty-free license to use the Proposed Technology. At no point will

the Employer be obliged to make any payments to the Contractor towards

the licensing and use of the Proposed Technology.

d) Upon the expiry or early termination of this Contract, as the case may be,

the Contractor shall assign the license and related rights to use the


Proposed Technology to operate and maintain the Facility to the Employer

at no additional cost to the Employer.

e) The Contractor shall indemnify the Employer for any claims, losses,

damages and costs suffered by the Employer as a result of an infringement

of any third party's Intellectual Property Rights caused by the operation

and use of the Facility.

6. Conditions Precedent and Term

6.1. Effectiveness

a) Unless otherwise specified in this Clause 6, the day on which all of the

Conditions Precedent have been satisfied in accordance with this Clause 6

shall be the Effective Date. Provided however that each Party may, at its

discretion and subject to Applicable Laws, either waive any of the

Conditions Precedent or extend the time period for fulfilment of any or all

Conditions Precedent to be fulfilled by the other Party, on the issuance of

a notice to the other Party prior to the Effective Date (CP Waiver Notice),

stating that:

(i) The Condition Precedent is being waived; or

(ii) The number of days by which the time period for fulfilment of the

Condition Precedent is being extended after the Effective Date

b) This Clause 6, Clause 5 (Scope of the Project and Grant of the Contract),

Clause 33 (Performance Securities, O&M Securities and Mobilization

Advance), Clause 23 (Project Engineer and Independent Consultant),

Clause 13 (Indemnity), Clause 25 (Change in Law), Clause 11 (Force

Majeure), Clause 15 (Dispute Resolution), Clause 10 (Representations and

Warranties) and the related Annexures, shall come into full force and

effect and be binding on the Parties on and from the Appointed Date and

continue until such time as this Contract expires or is terminated in

accordance with its terms. The other provisions of this Contract shall come

into full force and effect and be binding on the Parties on and from the

Effective Date and continue until such time as this Contract expires or is

terminated in accordance with its terms.

6.2. Conditions Precedent to be fulfilled by the Contractor

The Contractor shall fulfil the following Conditions Precedent prior to or on

the Effective Date:


a) prepare the Drawings within 45 days from the Appointed Date and submit

the Drawings to the Employer for its approval in accordance with Clause

16.4;

b) prepare the Construction Plan within 45 days from the Appointed Date

and submit the Construction Plan to the Employer for its approval in

accordance with Clause 16.5;

c) prepare the EHS Plan within 45 days from the Appointed Date and submit

the EHS Plan to the Employer for its approval in accordance with Clause

16.6;

d) obtain all Applicable Permits or any other statutory permits that are

required for commencement of construction of the Facility and if such

Applicable Permits are subject to any conditions, then, to the extent

relevant, comply with all such conditions, such that the Applicable Permits

are and shall be kept in full force and effect for the entire Construction

Period, or such longer period as may be required under Applicable Laws;

e) submit to the Employer certified true copies of all resolutions adopted by

the board of directors of the Contractor authorising execution, delivery

and performance of this Contract;

f) execute a shareholders' agreement amongst the shareholders of the

Contractor, and deliver to the Employer a certified true copy of the

shareholders' agreement (attested by a director of the Contractor)11; and

g) submit to the Employer certified true copies of the constitutional

documents of the Contractor.

6.3. Conditions Precedent to be fulfilled by the Employer

The Employer shall satisfy the following conditions precedent prior to the

Effective Date (if not already fulfilled at the time of the Appointed Date):

a) obtain all necessary rights of way to the Site and grant access to the Site

to the Contractor, free of encumbrances;

b) subject to Clause 6.2(a), review and approve the Drawings within 15 days

of receipt of Drawings in accordance with Clause 16.4;

c) subject to Clause 6.2(b), review and approve the Construction Plan within

15 days of receipt of Construction Plan in accordance with Clause 16.5;

d) subject to Clause 6.2(c), review and approve the EHS Plan within 15 days

of receipt of EHS Plan in accordance with Clause 16.6;

e) obtain all approvals and consents, including any and all Applicable Permits

if required under Applicable Law for Employer to enter into this Contract

and undertake the Project;

11 To be removed if the Bidder is not a Consortium.


f) obtain all required approvals, consents, and access to the right of way to

the relevant site from MCGM (Municipal Corporation of Greater Mumbai)

to withdraw and pump the 3 MLD raw sewage from Wadala Pumping

Station to proposed STP Site at Tejas Nagar Colony. Employer shall ensure

that Contractor can use the rights for or on the behalf of the Employer;

g) obtain all required approvals, consents, and access to the right of way to

the relevant site from railways to cross the sewer main from railway tacks

through trenchless excavation method. Employer shall ensure that

Contractor can use the rights for or on the behalf of the Employer;

h) provide access road(s) to the Site which are capable of being used for

transportation of equipment and material to the Site for the construction

of the Facility; and

i) appoint the Project Engineer in accordance with Clause 23A.

6.4. Consequences of failure to fulfil Conditions Precedent

a) If the Contractor fails to satisfy any of the Conditions Precedent that it is

required to fulfil by the Effective Date or by the extended date mentioned

in a CP Waiver Notice, the Employer shall be entitled to terminate this

Contract forthwith by issuing a notice to the Contractor.

b) If the Employer fails to satisfy any of the Conditions Precedent that it is

required to fulfil by the Effective Date or by the extended date mentioned

in the CP Waiver Notice, the Contractor shall be entitled to terminate this

Contract forthwith by issuing a notice to the Employer.

A. If the Contractor has failed to satisfy any of the Conditions Precedent

and this Contract is terminated in accordance with this Clause 6.4, then:

a) The Contractor shall forfeit the Performance Security as a genuine

pre-estimate of and reasonable compensation for loss and damage

caused to the Employer as a result of the Contractor's failure to satisfy

any of the Conditions Precedent and the consequent termination of

this Contract;

b) the Contractor shall not be entitled to receive any payment or

compensation from the Employer for the costs and expenses incurred

by the Contractor in performing any of its obligations under this

Contract (including preparing any Drawings, the Construction Plan

and the EHS Plan) prior to the termination of this Contract;


c) the Employer shall hand over to the Contractor the Drawings, the

Construction Plan, the EHS Plan and any other document submitted

by the Contractor to the Employer prior to termination of this

Contract; and

d) if the access to any part of the Site has been granted to the Contractor

prior to termination of this Contract, then upon termination of this

Contract, the Contractor shall clear the Site and remove all debris,

hazardous materials, construction materials, equipment, temporary

works, work sheds, labour camps and all other temporary installations

on the Site.

B. If the Employer has failed to satisfy any of the Conditions Precedent and

this Contract is terminated as per this Clause 6.4, then:

a) the Employer shall return the Performance Security submitted by the

Contractor;

b) the Contractor shall hand over to the Employer all documents,

designs, plans, data provided by the Employer to the Contractor prior

to termination of this Contract;

c) the Employer shall hand over to the Contractor, the Drawings, the

Construction Plan, the EHS Plan and any other document submitted

by the Contractor to the Employer prior to termination of this

Contract; and

d) if the access to any part of the Site has been granted to the Contractor

prior to termination of this Contract, then upon termination of this

Contract, the Contractor shall clear the Site and remove all debris,

hazardous materials, construction materials, equipment, temporary

works, work sheds, labour camps and all other temporary installations

on the Site.

Upon termination of this Contract, pursuant to this Clause 6, other than

to the extent specified in this Clause 6, no Party shall have any liability to

the other Parties in connection with this Contract.

6.5. Term

Subject to early termination in accordance with Clause 11 (Force Majeure) or

Clause 30 (Events of Default), this Contract shall come into full force and effect

on the Effective Date and remain in full force and effect until the expiry of the

O&M Period (i.e. 10 years from the COD) (“Term”)


7. Site Ownership

7.1. Right of Way

The Employer shall grant the Contractor an appropriate Right of Way and

authorization, in respect of the Site, to enter upon, access and occupy the Site,

free of all Encumbrances in accordance with this Clause 7, Applicable Laws,

and Applicable Permits. In accordance with the Right of Way granted to the

Contractor, the Contractor shall have the right to:

a) design, construct and commission the Facility at the Site

b) operate and maintain the Facility during the O&M Period;

c) install, operate, use, maintain, and remove such equipment, devices or

other structures and improvements on, over, or under the Site, as may be

necessary or appropriate for the operations and activities required or

permitted under this Contract;

d) use access roads, gates, fences and utilities at or about the Site

e) construct, use, operate, maintain, replace and repair electric lines,

telecommunication lines, water supply networks and other utilities at the

Site required to undertake the Project.

7.2. The Employer shall be obligated to provide Right of Way to the Site to the

Contractor on the Effective Date. However, if on the Effective Date the whole

Right of Way has not been provided, the Employer and the Contractor shall

execute a memorandum setting out the Right of Way, which has not been

granted to the Contractor. The memorandum will also set out the time period

within which the Employer will grant such Right of Way to the Contractor.

7.3. If the Employer fails to grant the necessary Right of Way to the Contractor

within 120 days of the Effective Date, it will be treated as an Employer Event

of Default, which will give the Contractor a right to terminate this Contract in

accordance with Clause 30.6.

7.4. The Contractor agrees that if the Employer grants the Contractor the

necessary Right of Way within 120 days of the Effective Date, the Contractor

shall be required to adhere to the Construction Plan and complete the

construction of the Facility by the Scheduled Final Construction Completion

Date.


7.5. The Contractor shall not without the prior written consent or approval of the

Employer use the Site for any purpose other than to undertake the Project and

purposes incidental thereto, as permitted under this Contract or as may be

otherwise approved by the Employer.

7.6. It is hereby understood between the Parties that the full ownership and title

over the Site shall vest with the Employer for the entire Term.

7.7. The Employer warrants that the Contractor shall, subject to complying with

the terms and conditions of this Contract, occupy the Site, from such time that

access is granted to the Contractor and until the expiry of the Term. If the

Contractor is obstructed by any person claiming any right, title or interest in

or over the Site or any part thereof or in the event of any enforcement action

including any attachment, distrain, appointment of receiver or liquidator

being initiated by any Person claiming to have a charge on the Site or any part

thereof, the Employer shall, if called upon by the Contractor, defend such

claims and proceedings.

7.8. The Right of Way granted to the Contractor by the Employer shall only be for

the Term of this Contract and upon expiry of the Contract or termination of

this Contract the said Right of Way shall cease to exist.

7.9. Right, Title and Interest in the Facility

a) The full ownership, rights and title to the Facility constructed or installed

by the Contractor pursuant to this Contract shall vest with the Employer

during the entire Term and thereafter. The Contractor shall have the right

to enter upon the Site, access and operate the Facility during the Term, to

exercise its rights and fulfil its obligations under this Contract.

b) During the Term, the Contractor shall not sell or create any charge or

encumbrances over the Site or the Facility. Furthermore, the Contractor

shall not dispose any assets forming part of the Facility, other than for the

purposes of replacement due to normal wear and tear and shall under no

circumstance novate, assign the rights provided under this Contract.


7.10. Site Related Covenants

The Contractor agrees and undertakes that:

a) the Contactor shall not transfer, alienate, assign, dispose of or create any

security over any part of the Site or its rights and interest in the Site, other

than as specifically permitted under this Contract;

b) the Contractor shall not allow any encroachment on, or unauthorised

occupation of any part of the Site and in the event of any encroachment

or unauthorised occupation, the Contractor shall immediately cause such

encroachment or any unauthorized occupants to be removed from the

Site. The Contractor shall not be entitled to any extension of time or costs

incurred in removal of any encroachment or any unauthorized occupants

from the Site;

c) the grant of any rights to a Subcontractor or any other third party shall not

interfere with or hinder the performance of the Contractor's obligations

under this Contract;

d) the Contractor shall be wholly responsible for safety at and security of the

Site and the Facility;

e) the Contractor shall take all necessary measures to confine its operations,

personnel and equipment to the Site and not encroach on any adjoining

property;

f) all minerals, fossils, articles of value or antiquity, structures and other

remains or things of geological or archaeological interest and other

objects with historic, antique or monetary value discovered at, on or

under the Site shall be dealt with in accordance with Applicable Laws and

the Contractor shall take all necessary precautions to prevent its or its

Subcontractor's personnel from removing or damaging any such article or

thing. Further, immediately upon the discovery of any such article or thing

of value, the Contractor shall inform the Employer of such discovery and

carry out the instructions of the Employer in this regard; and

g) the Contractor shall use all reasonable endeavours not to do or permit to

be done anything which might cause destruction, scarring or defacing of

natural surroundings in the vicinity of the Site and/or be or become a

danger or nuisance or give rise to liability in tort to any owners or

occupiers of the adjoining property or to members of the public or cause

any contamination or damage to any adjoining property.


7.11. Access to the Site

The Contractor shall ensure that the Employer, and if required under any

Applicable Law, any relevant Government Authority has access to the Site and

the Right of Way granted to the Contractor over the Site shall always be

subject to the rights of Employer and other Government Authorities to enter

upon and access the Site to inspect and monitor the progress of the Project,

and for the exercise of their rights and the performance of their obligations

under this Contract. Provided that the Employer and Government Authority

shall ensure that the exercise of the inspection or monitoring rights do not

impede or obstruct the construction and/or operation of the Facility in any

manner whatsoever.

If any physical damage is caused to the Site or the Facility as a result of such

access and use of the Site by the Employer or Government Authority, then the

Employer shall bear the costs of remedying such damage and restoring the

Site and the Facility.

8. Subcontracting

In respect of the Construction Period as well as the O&M Period,

subcontracting shall be permitted for contracts provided there is compliance

with following conditions.

a) The Contractor may subcontract up to 25 percent of the Contract Price,

only with and after the approval of the Employer in writing, but will not

assign the Contract. Subcontracting shall not alter the Contractor's

obligations.

b) The Contractor shall provide a copy of each proposed subcontract, along

with details of the relevant Subcontractor, to the Employer for its

approval, which should set out the precise scope of work to be

subcontracted to such Subcontractor and should be consistent with the

terms of this Contract.

c) The Contractor shall provide a notice to the Employer seeking approval to

subcontract and the Employer shall within 15 days provide its approval or

rejection, as the case may be. If the Employer does not notify its approval

or rejection of any subcontract to the Contractor within 15 days of the

receipt of the draft subcontract, then such subcontract will be deemed to

be approved by the Employer.

d) While providing the approval for appointing a Subcontractor by the

Contractor, the Employer shall take cognizance of the fact that the

Subcontractor being appointed shall have the requisite skill, expertise and

capability to perform the relevant obligations of the Contractor during the


Construction Period and/or the O&M Period, as the case may be. Further

the Employer shall also take cognizance of the fact that the subcontract

entered into is not inconsistent with the terms of this Contract and that

the Contractor shall still remain responsible for overall supervision for all

works and services being undertaken under the subcontract.

e) Within 7 days of the execution of an amendment to any approved

subcontract, the Contractor shall submit a copy of such amendment to the

Employer for its review. The Employer shall at its discretion either approve

such amendment or reject the amendment if the Employer is of the

opinion that such amendment will violate the terms of this Contract or will

be in violation of any Applicable Law.

f) Notwithstanding any subcontract entered into, the Contractor shall be

responsible for the supervision and monitoring of the performance of any

work or services by the Subcontractors during both the Construction

Period and the O&M Period.

g) The following shall not form part of the sub-contracting:

i. hiring of labour through a labour contractor,

ii. the purchase of materials to be incorporated in the works,

h) Notwithstanding the approval of any Subcontractor by the Employer, the

Contractor shall be and remain liable under this Contract for all work and

services subcontracted under this Contract and for all acts, omissions or

defaults of any Subcontractor. No default under any Subcontract shall

excuse the Contractor from its obligations or liabilities under this Contract.

All references in this Contract to any act, default, omission, breach or

negligence of the Contractor shall be construed to include any such act,

default, omission, breach or negligence of the Subcontractors. 9. General Obligations of the Contractor and Employer

9.1. Contractor’s Obligations for Construction Period

The following shall be the general obligations which are to be fulfilled by the

Contractor during the Construction Period:

a) complete the work corresponding to each Milestone by the Scheduled

Milestone Completion Date and complete the construction of the Facility

by the Scheduled Final Construction Completion Date in a manner that is

in compliance with the Specifications, Drawings, the EHS Plan, the

Construction Plan, Applicable Laws, Applicable Permits and Good Industry

Practices;

b) the Facility constructed is free from all defects in design, materials and

workmanship and are safe, reliable and fit for purpose;


c) maintain and comply with the conditions of all Applicable Permits in

undertaking the construction of the Facility;

d) provide all necessary assistance to the Project Engineer/Technical

Institution/Engineer-in-Charge and the Employer in undertaking inspection

of the Facility, and in performing its other obligations and duties under this

Contract;

e) reasonably consider and act upon the comments/suggestions made by the

Project Engineer/Technical Institution/Engineer-in-Charge and the

Employer during any meetings with the Contractor;

f) take all necessary measures to maintain the safety and security of

personnel, material and property at the Site, in accordance with the

approved EHS Plan and all Applicable Laws;

g) ensure that all excavated materials, earthworks, waste materials and

hazardous substances are stored and/or disposed in accordance with the

EHS Plan, Applicable Laws and Applicable Permits;

h) submit monthly reports to the Project Engineer or the Technical Institution

or the Engineer-in-Charge, as the case may be, (with a copy to the

Employer), no later than 10 days after the end of each month, which should

set out the following:

- extent of progress of construction activities performed by the

Contractor for the Facility;

- comparison of actual progress against the planned progress of

construction works, reasons for delay, if any and steps taken by the

Contractor to mitigate the delay;

- details of any accident or hazardous incident at the Site and the steps

taken by the Contractor to mitigate the consequences of such

accident or hazardous incident; and

- status of rectification of defects and/or deficiencies discovered by the

Project Engineer/Technical Institution/ Engineer-in-Charge or the

Employer.

i) ensure that an adequate number of suitably skilled and experienced

contractors, architects, workmen and other personnel are engaged to

undertake the Project. The Contractor shall be solely responsible for the

work performed by any staff and labour engaged by it to execute the

Project;

j) take all reasonable measures to ensure that the transportation of any of

the Contractor's or the Subcontractor’s personnel or equipment, to or

from the Site, does not interfere with local traffic in the vicinity of the Site;

k) arrange for all equipment, machinery, tools and other resources required

to undertake the Project and be solely responsible for such equipment,

machinery, tools and resources; and


l) maintain accurate and systematic accounts and records of goods and

material utilised and other costs and expenses incurred in connection with

the construction works for the Facility, including all invoices, receipts,

challans, vouchers, quotations and other records and documents with

respect to the Facility in accordance with Applicable Laws.

m) the contractor will restrict the utilises any rebate towards qualification,

selection and award then the bidder shall be required to fully confirm with

this representation, failing with the agreement shall be liable for

termination as the same shall be treated as a Contractor Event of Default

under the Contract and the consequences set out therein (including

without limitation the termination of Contract) shall follow.

9.2. Contractor’s O&M Period Obligations

During the O&M Period, the following shall be the Contractor’s general

obligations:

a) The Contractor shall operate and maintain the Facility in a manner that is

in compliance with the Specifications, O&M Manual, Applicable Laws,

Applicable Permits and Good Industry Practice and thereby ensures

smooth and efficient treatment of sewage;

b) The Contractor shall maintain the safety and security of personnel,

material and property at the Site, in accordance with the approved EHS

Plan, Applicable Laws and Applicable Permits;

c) The Contractor shall ensure that all waste materials and hazardous

substances are stored and/or disposed in accordance with the EHS Plan,

Applicable Laws and Applicable Permits;

d) The Contractor shall provide all necessary assistance to the Independent

Consultant or any other personnel appointed by the Employer in

undertaking inspection and monitoring of the operation and

maintenance of the Facility;

e) The Contractor shall reasonably consider and act upon the

comments/suggestions made by the Independent Consultant or any

other personnel appointed by the Employer during any meetings of the

Contractor with its Subcontractors;

f) The Contractor shall provide the Employer and the Independent

Consultant, if so appointed, with reasonable access to the Site during

office hours to monitor and inspect the Facility; and

g) The Contractor shall arrange for all equipment, machinery, tools and

other resources required to undertake the operation and maintenance of

the Facility and shall take all reasonable measures to ensure that the

transportation of any of the Contractor's or the Subcontractors'


personnel or equipment, to or from the Site, does not interfere with local

traffic in the vicinity of the Site;

9.3. In respect of the O&M obligations, the Contractor shall provide all necessary

assistance to the Independent Consultant, if so appointed, and the Employer

in undertaking inspection and monitoring of the operation and maintenance of

the Facility. Further, the Contractor shall provide the Employer and

Independent Consultant, if appointed, with reasonable access to the Site

during office hours to monitor and inspect the Facility.

9.4. The Contractor shall arrange for all equipment, machinery, tools and other

resources required to undertake the O&M of the Facility and shall take all

reasonable measures to ensure that the transportation of any of the

Contractor's or the Subcontractors' personnel or equipment, to or from the

Site, does not interfere with local traffic in the vicinity of the Site.

9.5. The Contractor shall employ for the construction work and routine

maintenance the technical personnel as provided in the Appendix 1A of the

ITB, if applicable.

9.6. If the Employer asks the Contractor to remove a person who is a member of

the Contractor's staff or work force, stating the reasons, the Contractor shall

ensure that the person leaves the Site within three days and has no further

connection with the Project. Furthermore, the Contractor shall ensure that it

shall hire a replacement for the persons who have been asked to leave the Site

within 30 days of the person leaving the Site and the Project.

9.7. Obligation of the Employer to bear costs of Applicable Permits

It is hereby agreed upon by the Parties that the Employer shall be obligated

and be responsible for paying the requisite fees for all Applicable Permits and

statutory permits which are to be procured by the Contractor for the

implementation of the Project. The Employer shall also be obligated to

provide support and necessary co-ordination to the Contractor for procuring

the Applicable Permits.

10. Representations and Warranties

10.1. The Contractor represents and warrants to the Employer that:

a) it has full power and authority to execute, deliver and perform its

obligations;

b) it is duly organised, validly existing and of good standing under the laws of

India;

c) it has taken all necessary action to authorise the execution, delivery and

performance of this Contract;


d) there are no actions, suits or proceedings pending or to its best

knowledge, threatened against or affecting it before any court,

administrative body or arbitral tribunal which might materially and

adversely affect its ability to meet or perform any of its obligations under

this Contract;

e) it has the financial standing and capacity to design, finance, construct,

complete, operate and maintain the Facility in accordance with this

Contract;

f) this Contract constitutes its legal, valid and binding obligation,

enforceable against it in accordance with its terms, and its obligations

under this Contract will be legally valid, binding and enforceable

obligations against it in accordance with the terms hereof;

g) it is subject to the laws of India, and hereby expressly and irrevocably

waives any immunity in any jurisdiction in respect of this Contract or

matters arising thereunder including any obligation, liability or

responsibility hereunder;

h) the information furnished in the Bid and as updated on or before the date

of this Contract is true and accurate in all respects as on the Appointed

Date;

i) the execution, delivery and performance of this Contract will not conflict

with, result in the breach of, constitute a default under any of the terms

of its memorandum and articles of association/charter documents or any

Applicable Laws or Applicable Permits or any covenant, contract,

agreement, arrangement, understanding, decree or order to which it is a

party or by which it or any of its properties or assets is bound or affected;

j) it has complied with all Applicable Laws and Applicable Permits in all

material respects and has not been subject to any fines, penalties,

injunctive relief or any other civil or criminal liabilities, which in the

aggregate have or may have a Material Adverse Effect on its ability to

perform its obligations under this Contract; and

k) no representation or warranty by it contained in this Contract or in any

other document furnished by it to the Employer in relation to Applicable

Permits contains or will contain any untrue or misleading statement of

material fact or omits or will omit to state a material fact necessary to

make such representation or warranty.

10.2. The Employer represents and warrants to the Contractor:

a) it has full power and authority to execute, deliver and perform its

obligations;

b) it has taken all necessary action to authorise the execution, delivery and


performance of this Contract;

c) there are no actions, suits or proceedings pending or to its best

knowledge, threatened against or affecting it before any court,

administrative body or arbitral tribunal which might materially and

adversely affect its ability to meet or perform any of its obligations under

this Contract;

d) it is duly organised, validly existing and in good standing under the laws of

India;

e) it has the financial standing and legal capacity to execute this Contract and

perform its obligations under this Contract;

f) this Contract constitutes legal, valid and binding obligations enforceable

against it in accordance with the terms hereof;

g) it has no knowledge of any violation or default with respect to any order,

writ, injunction or any decree of any court or any legally binding order of

the Government of India or any state government, which may result in any

material adverse effect on its ability to perform its obligations under this

Contract;

h) all information provided by it in the Tender Document and this Contract

(including the Specifications) in connection with the Project is, to the best

of its knowledge and belief, true and accurate in all material respects; and

i) it has complied with all Applicable Laws and Applicable Permits in all

material respects.

11. Force Majeure

11.1. The term "Force Majeure and/or Force Majeure Event" means any act, event

or circumstance or a combination of acts, events or circumstances or the

consequence(s) thereof occurring after the date of this Contract:

a) Which is beyond a Party’s (“Affected Party”) reasonable control,

b) Which such party could not reasonably have provided against before

entering into the Contract,

c) Which, having arisen, such Affected Party could not reasonably have

avoided or overcome in spite of utmost due diligence, and

d) Which does/do not result from the negligence of such Affected Party or

the failure of such Affected Party to perform its obligations hereunder.

e) Which causes Material Adverse Effect to the Project.


Force Majeure Event may include, but is not limited to, exceptional events or

circumstances of the kind listed below, so long as conditions (a) to (e) above

are satisfied:

A. Non Political Force Majeure Event:

(i) acts of God including storm, tempest, cyclone, hurricane, tsunami, flood,

whirlwind, lightning, earthquake, washout, landslide, soil erosion,

volcanic eruption, or extreme adverse weather or environmental

conditions or actions of the elements;

(ii) fire or explosion caused by reasons not attributable to the Contractor;

(iii) chemical or radioactive contamination or ionising radiation;

(iv) epidemic, plague or quarantine;

(v) the discovery of geological conditions, toxic contamination or

archaeological remains on the Site that could not reasonably have been

expected to be discovered through a site inspection; and

(vi) accidents of navigation, air crash, shipwreck, train wreck or other similar

failures of transportation of equipment and/or material necessary for

construction or O&M of the Facility.

B. Indirect Political Force Majeure Events

(i) hostilities (whether declared as war or not), riot, civil disturbance,

revolution, rebellion, insurrection, act of terrorism, in each case

involving the Government of India;

(ii) invasion, armed conflict, coup d'etat, act of foreign enemy, blockade,

embargo, revolution, insurgency, nuclear blast/explosion, politically

motivated sabotage, religious strife or civil commotion, in each case

involving the Government of India;

(iii) strikes, lockout, boycotts or other industrial disputes which are not

directly attributable to the actions of the Affected Party;

(iv) any orders issued by the relevant Government Authority, which require

the Contractor to suspend the construction or O&M of the Facility

provided that, such orders are not attributable to the Contractor's

breach or violation of any Applicable Laws or Applicable Permits; and

(v) delay or failure by relevant Government Authorities in renewing or

granting any Applicable Permit, despite the Contractor having applied for

such Applicable Permit expeditiously and complied with the

requirements of Applicable Laws in making such application or the

unlawful revocation of any Applicable Permit.


C. Direct Political Force Majeure Events

(i) occurrence of a Change in Law in accordance with Clause 23;

(ii) compulsory acquisition in national interest or expropriation of the Site;

and

(iii) any order, notification or judgement issued or passed by any

Government Authority which restricts the Contractor from constructing

or operating the Facility as contemplated in this Contract on the Site,

unless such restriction is, in any manner, attributable to the Contractor.

11.2. The Party affected by the Force Majeure Event shall give notice to the other

Party (“FM Notice”) in writing of the occurrence of any Force Majeure Event

as soon as the same arises or as soon as reasonably practicable and in any

event within 10 days after the affected Party knew of its occurrence. The FM

Notice shall also state the adverse effect the Force Majeure Event has or is

likely to have on the performance of its obligations under this Contract. If,

following the issue of the FM Notice, the Affected Party receives or becomes

aware of any further information relating to the Force Majeure Event, it shall

submit such further information to the other Party as soon as reasonably

practicable.

11.3. The Party affected by the Force Majeure Event, to the extent rendered unable

to perform its obligations or part of the obligation thereof under this Contract

as a consequence of the Force Majeure Event, shall be excused from

performance of the affected obligations provided that the period shall not

exceed 120 days for a Non-Political Force Majeure Event, 90 days for an

Indirect Political Force Majeure Event and 60 days for a Direct Political Force

Majeure Event from the date of issuance of the FM Notice. The Parties may

mutually agree to extend the period of excuse from performance due to a

Force Majeure Event.

11.4. Save and except as expressly provided in this Contract, no Party shall be liable

in any manner whatsoever to the other Party in respect of any loss relating to

or arising out of the occurrence or existence of any Force Majeure Event.

11.5. Upon occurrence of a Force Majeure Event prior to the COD, the Parties shall

bear their respective costs and no Party shall be required to pay any costs to

the other Parties. Upon occurrence of a Force Majeure Event post the COD,

the Contractor shall be entitled to continue receiving the O&M Charges

during the subsistence of the Force Majeure Event.

11.6. The Affected Party shall in consultation with the other Party, make all

reasonable efforts to limit or mitigate the effects of a Force Majeure Event on

the performance of its obligations under this Contract. The Affected Party


shall also make efforts to resume performance of its obligations under this

Contract as soon as possible and upon resumption, shall notify the other Party

of the same in writing. The other Party shall afford all reasonable assistance

to the affected party in this regard.

11.7. Termination due to Force Majeure

a) If a Non-Political Force Majeure Event continues for a period of period of

120 days after the notification of a Non-Political Force Majeure Event or

any extended period agreed in pursuance of Clause 11.3, any Party shall,

after the expiry of the 120 days period or any other mutually extended

period, be entitled to forthwith terminate this Contract in its sole

discretion by issuing a notice to that effect to the other Party.

b) If an Indirect Political Force Majeure Event continues for a period of

period of 90 days after the notification of an Indirect Political Force

Majeure Event or any extended period agreed in pursuance of Clause

11.3, any Party shall, after the expiry of the 90 days' period or any other

mutually extended period, be entitled to forthwith terminate this

Contract in its sole discretion by issuing a notice to that effect to the other

Party.

c) If a Direct Political Force Majeure Event continues for a period of period

of 60 days after the notification of a Direct Political Force Majeure Event

or any extended period agreed in pursuance of Clause 11.3, any Party

shall, after the expiry of the 60 days period or any other mutually

extended period, be entitled to forthwith terminate this Contract in its

sole discretion by issuing a notice to that effect to the other Party.

11.8. Consequences of Termination due to Force Majeure Event:

a) the Contractor shall hand over the Site, the Facility to the Employer on an

“as is where is” basis.

b) the Employer shall be required to return the Performance Security or the

O&M Security, as the case may be, to the Contractor within 30 days from

the date of the notice of termination under Clause 11.7, above.

11.9. If the Contract is terminated due to a Force Majeure Event, the termination

payment shall be levied in accordance with the terms set out in Clause 32.

12. Contractor's Risks

12.1. All risks of loss of or damage to physical property and of personal injury and

death which arise during and in consequence of the performance of the

Contract are the responsibility of the Contractor.


12.2. All risks and consequences arising from the inaccuracies or falseness of the

documents and/or information submitted by the Contractor shall be the

responsibility of the Contractor alone, notwithstanding the fact that Drawings

or other documents have been approved by the Employer.

13. Indemnity 13.1. The Contractor shall release, hold harmless and indemnify the Employer on

demand from and against, all suits, actions, claims, demands, losses, damages,

costs or expenses (including costs of legal fees) or liability for: a) death or

personal injury of any person; b) loss of or damage to property; and c) any

third party losses or claims, which may arise which may arise out of, or in

consequence of the performance or non-performance of the Contractor's

obligations under this Contract.

13.2. The Employer shall have the right, but not the obligation, to contest, defend,

and litigate any claim, action, suit or proceeding by any third party alleged or

asserted against them in respect of, resulting from, related to or arising out of

any matter for which they are entitled to be indemnified under this Contract,

and the reasonable costs and expenses (including legal fees) thereof, shall be

subject to the indemnification obligations of the Contractor.

13.3. If, however, the Contractor acknowledges in writing its obligations to

indemnify the Employer in respect of loss to the full extent provided by this

Contract, the Contractor shall be entitled, at its option, to assume and control

the defence of such claim, action, suit or proceeding at its expense and

through a counsel of its choice if it gives prompt notice of its intention to do

so to the Employer and reimburses the Employer for the costs and expenses

incurred by the Employer prior to the assumption by the Contractor of such

defence. A Party shall not settle or compromise any such claim, action, suit or

proceeding without the prior written consent of the other Party, which

consent shall not be unreasonably withheld or delayed. Notwithstanding the

foregoing, the Employer shall have the right to employ its own counsel and

such counsel may participate in such action, but the fees and expenses of such

counsel, as and when incurred, shall be at the expense of the Employer.

14. Discoveries and Unforeseen Site Conditions

Anything of historical or other interest or of significant value unexpectedly

discovered on the Site shall be the property of the Employer. The Contractor

shall notify the Project Engineer/Technical Institution/Engineer-in-Charge, as


the case may be, of such discoveries and carry out the instructions for dealing

with them.

If during the execution of the Project, the Contractor encounters any adverse

physical conditions, which, in its opinion, could not have been reasonably

foreseen by acting in accordance with Good Industry Practices, the Contractor

shall give written notice of such adverse physical conditions to the Employer.

Upon receipt of such written notice from the Contractor, if, in the opinion and

discretion of the Employer and the Project Engineer/Technical

Institution/Engineer-in-Charge, as the case may be, such conditions could not

have been reasonably foreseen by a prudent contractor acting in accordance

with Good Industry Practices, then the Employer shall grant reasonable

extension of the Scheduled Milestone Completion Date and/or the Scheduled

Final Construction Completion Date. Provided that the Contractor shall

implement appropriate measures, including any measures suggested by the

Employer or the Project Engineer/Technical Institution/Engineer-in-Charge, as

the case may be, to mitigate the delay caused by any such unforeseen Site

conditions. Further, it is clarified that any decision of the Employer regarding

the existence of any unforeseen Site conditions and the corresponding

extension of time to be allowed to the Contractor shall be final and binding.

15. Dispute Resolution System

15.1. In the event of any dispute or disagreement between the Parties arising out

of or relating to this Contract (including a dispute relating to the validity or

existence of this Contract and any non-contractual obligations arising out of

or in connection with this Contract) (a “Dispute”), the representatives of the

Parties shall, within 15 days of service of a written notice from one Party to

the other Parties (the “Dispute Notice”) hold a meeting in an effort to resolve

the Dispute in good faith. In the absence of any agreement to the contrary,

the meeting shall be held at the office of the Employer.

15.2. If a Dispute is not resolved within 30 days after the service of a Dispute Notice,

any Party to the Dispute shall be entitled to refer the Dispute to arbitration

by issuing a notice to the other Party (Notice of Arbitration). This Contract

and the rights and obligations of the Parties shall remain in full force and

effect, pending the award in such arbitration proceeding.

15.3. If a Dispute is referred to arbitration by a Party, such Dispute shall be resolved

by a sole arbitrator to be appointed by mutual agreement of the Parties. If

the Parties fail to appoint an arbitrator within 30 days after service of the

Notice of Arbitration, such arbitrator shall be appointed in accordance with

the Arbitration Act.


15.4. The venue of the arbitration shall be [insert place] and the language of the

arbitration shall be English. The arbitration shall be conducted in accordance

with the Arbitration Act. The arbitration shall be governed by the laws of

India.

15.5. The arbitration award of the arbitrator shall be final and binding on the

Parties and shall be enforceable in accordance with its terms. The arbitrator

shall state reasons for its findings in writing.

15.6. This Clause 15 shall survive the termination of the Contract.

B. Time Control 16. Construction Period

16.1. The period for construction of the Facility shall commence on and from the

Effective Date, and shall continue until the Final Construction Completion

Date and shall be for a period of 1 year (the Construction Period).

16.2. The Contractor shall prior to the Effective Date shall commence with the

preparation of Drawings, Construction Plan, EHS Plan and Specifications for

the Facility. The Contractor shall also conduct, prior to the Effective Date, all

soil testing and geophysical testing at the Site. Further, the Contractor shall

also be entitled to commence the appointment of subcontractors for the

construction works in accordance with Clause 8.

16.3. The Contractor shall comply with the Construction Plan, the Drawings and

Specifications and complete the construction of the Facility on or before the

Scheduled Final Construction Completion Date.

16.4. Drawings

a) The Contractor shall prepare the detailed Drawings for the Facility in

accordance with the Specifications, Applicable Laws and Applicable

Permits. The Drawings shall be drawn to scale, with accurate dimensions,

to minimise construction delays, disputes and cost overruns and to

ensure smooth construction of the Facility. If there any errors or

deficiencies in the Specifications, the Drawings shall take into account,

address or rectify such errors or deficiencies.

b) The contractor shall prepare the detail plan area drawing with clear

representation of underground and above ground installation of STP

units. Within 45 days from the Appointed Date, the Contractor shall

submit 4 hard copies and 1 soft copy on a compact disc of the draft

Drawings to the Employer for its review and approval.


c) The Employer shall forward all the Drawings to the Project Engineer or

Technical Institution, as the case may be, for its review and comments.

d) The Employer shall provide comments if any, on the draft Drawings

(including any comments from Project Engineer or Technical Institution,

as the case may be) to the Contractor or notify the Contractor of its

approval of the draft Drawings within 15 days from the date of receipt of

the draft Drawings. The Employer may require the Contractor to amend

or modify the draft Drawings if the Employer or the Project

Engineer/Technical Institution, as the case may be, identifies any

deficiencies, inaccuracies or shortcomings in the draft Drawings. If the

Contractor receives any comments, suggestions or instructions to modify

the draft Drawings from the Employer, then the Contractor shall modify

the draft Drawings to correct any such shortcomings, inaccuracies or

deficiencies and/or address, in writing, the Employer's/the Project

Engineer's or the Technical Institution’s comments on the draft Drawings

and submit the revised Drawings to the Employer for its approval. The

process set out in this Clause 16.4 (d) shall continue until the Drawings

are certified and are approved by the Employer in accordance with this

Clause 16.4 (d).

e) The Contractor shall construct the Facility strictly in accordance with the

approved Drawings. The Contractor shall not deviate from or make any

subsequent modification or amendment to the approved Drawings

without the prior written approval of the Employer. The Contractor shall

not commence construction of any part of the Facility prior to approval

of the Drawings in accordance with this Clause 16.4 (e). If the Contractor

undertakes any construction work for the Facility prior to the approval of

the Drawings, it shall do so at its own risk and the Employer shall have the

right to reject any such construction work that does not comply with the

approved Drawings.

f) Notwithstanding any approval of the Drawings by the Employer, the

Contractor shall bear all risk, responsibility and liability for the suitability,

accuracy, adequacy and practicality of the Drawings. Subject to Clause

16.4 (d), the Contractor shall not be entitled to any extension of time

and/or costs incurred in the preparation of the Drawings and complying

with the requirements of this Clause 16.4. The only instance of extension

of time is to be provided to the Contractor if there is a delay by the

Employer in providing approval to the Drawings. Such extension of time

shall be in accordance with Clause 21.


16.5. Construction Plan

a) Within 45 days from the Appointed Date, the Contractor shall prepare

and submit to the Employer a detailed Construction Plan. The

Construction Plan shall set out:

I. the detailed plan for completing the construction of the Facility by

the Scheduled Final Construction Completion Date.

II. specific activities and extent of construction work to be performed by

the Contractor to achieve each of the Milestones;

III. the time period for completing each Milestone including but not

limited to the Scheduled Milestone Completion Date for each

Milestone as well as stating the Scheduled Final Construction

Completion Date; and

IV. the order in which the Contractor proposes to execute the

construction of the Facility.

b) The Employer shall review and provide comments, if any, on the draft

Construction Plan (including any comments from the Project Engineer or

Technical Institution, as the case may be) to the Contractor or notify the

Contractor of its approval of the draft Construction Plan within 15 days

from the date of receipt of the draft Construction Plan from the

Contractor. The Employer may require the Contractor to amend or

modify the draft Construction Plan if the Employer identifies any

deficiencies or shortcomings in the draft Construction Plan. If the


the draft Construction Plan from the Employer, then the Contractor shall

incorporate the suggestions made by the Employer and modify the draft

Construction Plan to address any such comments, shortcomings or

deficiencies identified by the Employer. Thereafter, the Contractor shall

submit the revised Construction Plan to the Employer for its approval. The

process set out in this Clause 16.5 (b) shall continue until the Construction

Plan is approved by the Employer in accordance with this Clause 16.5 (b).

c) The Contractor shall construct the Facility strictly in accordance with the

approved Construction Plan. The Contractor shall not deviate from or

make any subsequent modification or amendment to the approved

Construction Plan without the prior written approval of the Employer.

The Contractor shall not commence construction of any part of the

Facility prior to approval of the Construction Plan in accordance with this

Clause 16.5


d) Notwithstanding any approval of the Construction Plan by the Employer,

the Contractor shall, subject to Clause 16.5 (b), be solely liable for

completing the construction of the Facility by the Scheduled Final

Construction Completion Date. In case of delay by the Employer in

granting the approval to the Construction Plan, the Contract shall be

entitled to extension of time in accordance with Clause 21.

16.6. Environment, Health and Safety Plan

a) Within 45 days from the Appointed Date, the Contractor shall prepare and

submit 4 hard copies and 1 soft copy on a compact disc of a detailed EHS

Plan to the Employer The EHS Plan shall set out the health, safety and

environment policies, guidelines and procedures to be followed by the

Contractor in undertaking the Project and shall include a comprehensive

site safety assurance plan, developed in accordance with Applicable Laws,

Applicable Permits, the Specifications and Good Industry Practices.

b) The Employer shall provide comments, if any, on the draft EHS Plan

(including any comments from the Project Engineer or Technical

Institution, as the case may be) to the Contractor or notify the Contractor

of its approval of the draft EHS Plan within 15 days from the date of receipt

of the draft EHS Plan from the Contractor. The Employer may require the

Contractor to amend or modify the draft EHS Plan if the Employer

identifies any deficiencies or shortcomings in the draft EHS Plan. If the


the draft EHS Plan from the Employer, then the Contractor shall modify

the draft EHS Plan to address any such comments, shortcomings or

deficiencies identified by the Employer. Thereafter, the Contractor shall

submit the revised EHS Plan to the Employer for its approval.

c) The Contractor shall and shall ensure that its Subcontractors comply with

and conform, in all aspects, to the EHS Plan in executing the Project. Any

failure of the Contractor or the Subcontractors to comply with the EHS

Plan shall constitute a Contractor Event of Default and the consequences

specified in this Contract shall follow. The Contractor shall indemnify the

Employer against all costs, expenses, penalties and liabilities

incurred/suffered by the Employer due to the Contractor 's or any

Subcontractor's failure to comply with the EHS Plan in the course of

execution of the Project. The Contractor shall not deviate from or make


any subsequent modification or amendment to the approved EHS Plan

without the prior written approval of the Employer.

d) Neither any approval of the EHS Plan by the Employer nor any failure to

review and provide comments on the EHS Plan shall excuse any failure by

the Contractor to adopt proper and recognized safety and environment

friendly practices during the execution of the Project. The Contractor shall

bear all risk, responsibility and liability for the accuracy and adequacy of

the final EHS Plan in ensuring compliance with all Applicable Laws,

Applicable Permits and Good Industry Practices in the execution of the

Project. The Contractor shall not be entitled to any extension of time

and/or costs incurred in preparation of the EHS Plan.

16.7. Utilities

a) The Contractor shall obtain install and maintain at its cost, all utilities

necessary for undertaking the construction of the Facility, including all

temporary power and water connections, lighting facilities, telephone

connections, internet connections, etc. at the Site.

b) The Contractor shall not be entitled to any extension of time or costs to

comply with its obligations in Clause 16.7 (a) above.

c) The Employer shall provide any reasonable assistance required by the

Contractor to obtain the utilities for the construction of the Facility.

16.8. In-house Laboratory

a) The Contractor shall ensure that during the Construction Period, it shall

construct and set up the In-house Laboratory for the purpose of testing

the Treated Water and the raw Sewage during the O&M Period, at the

Site, in compliance with the Construction Plan, the EHS Plan, Drawings and

the other terms contained in this Contract.

b) The Contractor shall also be responsible for procuring and equipping the

In-house Laboratory with the necessary and requisite equipment and

utilities which are required for testing the Treated Water and the raw

Sewage.

c) For this purpose, the Employer shall provide all reasonable assistance to

the Contractor so that construction of the In-house Laboratory is


completed on or prior to the Scheduled Final Construction Completion

Date.

17. Construction Timelines and Completion

17.1. The Contractor shall comply with the Construction Plan, Drawings,

Specifications and Applicable Laws to complete the construction of the

Facility on or before the Scheduled Final Construction Completion Date.

17.2. Completion of Milestones and Milestone Completion Certificate

a) Upon completion of the works corresponding to each Milestone, as

specified in the Construction Plan, the Contractor shall issue a notice to

the Employer, with a copy to the Project Engineer/Technical

Institution/Engineer-in-Charge, as the case may be, requiring the

Employer to inspect (or cause the Project Engineer/Technical

Institution/Engineer-in-Charge to inspect) the completed works covered

by the relevant Milestone. The purpose of such inspection shall be to

determine whether the works corresponding to the relevant Milestone

have been completed in accordance with the requirements set out in this

Contract, Applicable Law, Specifications, Drawings and Construction Plan.

b) If the Employer is satisfied that the works for the relevant Milestone have

been completed in accordance with the requirements of this Contract,

Drawings, Specifications, Applicable Laws and the Construction Plan, the

Employer shall issue a Milestone Completion Certificate for such

completed Milestone, within 7 days from the date of inspection of the

works covered by such Milestone.

c) If the Employer is of the view that the works for the relevant Milestone

do not satisfy the requirements of this Contract, Drawings, Specifications,

Applicable Laws and the Construction Plan, then the Employer shall have

the right to provide any comments, suggestions and/or instruct the

Contractor to carry out necessary modifications. Upon receipt of such

comments, suggestions or instructions from the Employer, the Contractor

shall make necessary modifications to the works to remedy any defects

or deficiencies and re-issue a notice to the Employer. The Contractor shall

bear all costs of remedying the defects and deficiencies in the works and

shall not be entitled to any extension of time for remedying such defects

or deficiencies. This process shall be repeated until the Employer is

satisfied that the works for the relevant Milestone have been completed


in accordance with the requirements of this Contract, Applicable Law,

Specifications, Drawings and Construction Plan and issue a Milestone

Completion Certificate in accordance with this Clause 17.2 (c).

d) The Employer may exercise its rights to review and certify the completion

of works for any Milestone either itself or through the Project

Engineer/Technical Institution/Engineer-in-Charge, as the case may be. If

the Employer instructs the Project Engineer/ Technical

Institution/Engineer-in-Charge to undertake a review of the works, then

the Contractor shall cooperate with the Project Engineer Technical

Institution/Engineer-in-Charge to facilitate such review and rectify any

defects or deficiencies identified by the Project Engineer Technical

Institution/Engineer-in-Charge in the works. Provided that, in all

instances, the Employer shall finally approve the works and issue the

Milestone Completion Certificates.

17.3. Testing and Commissioning

a) Upon completion of construction of the entire Facility, in accordance with

the requirements set out in this Contract, the Contractor shall issue a

notice to the Employer requiring it to be present at the Site on the date

specified in such notice to undertake a final inspection of the completed

Facility and conduct any tests required to ensure that the Facility

complies with the Specifications, the Drawings, Applicable Laws and

Applicable Permits.

b) Within 5 days from the date of receipt of a notice under Clause 17.3 (a)

above, the Employer may request the Contractor to vary the date of the

final inspection and tests and the Contractor shall accommodate such

request, provided that, such date shall be no later than 7 days from the

date specified in the notice received from the Contractor under Clause

17.2 (a) above.

c) The Contractor shall, on the date specified in the notice issued under

Clause 17.3 (a) or on such other date as may be agreed with the Employer,

carry out the tests in accordance with the instructions and under the

supervision of the Employer, to demonstrate that the Facility complies

with the requirements of Clause 9.1.

d) If the Employer is not satisfied with the results of the tests or inspection,

then the Contractor shall remedy any defects or deficiencies in the


Facility, identified by the Employer or revealed through the tests and the

Facility shall be tested again upon rectification of such defects or

deficiencies. This process shall be repeated until such time that the

Employer is satisfied that the Facility has been completed in accordance

with Clause 9.1 and is safe and fit for purpose. The Contractor shall bear

all costs of remedying the defects and deficiencies and retesting the

Facility and shall not be entitled to any extension of time for remedying

such defects or deficiencies or for retesting the Facility.

e) If the Employer is satisfied with the results of the tests and inspection of

the Facility, the Employer shall issue the Milestone Completion Certificate

in respect of the last Milestone to the Contractor within 7 days from the

date of inspection and testing of the completed Facility. The issue of the

Milestone Completion Certificate for the last Milestone shall certify that

the Facility has been completed in accordance with this Contract, the

Specifications, Drawings, Applicable Laws and Applicable Permits and the

Facility is safe and fit for purpose.

17.4. Final Construction Completion Certificate

Within 7 days from the date of issuance of the Milestone Completion

Certificate for the last Milestone, the Employer shall issue the Final

Construction Completion Certificate to the Contractor subject to the following

conditions having been fulfilled by the Contractor:

(i) the submission of 4 hard copies and 1 soft copy on a compact disc of

complete sets of the "as-built" drawings of the Facility;

(ii) the Contractor having obtained all Applicable Permits necessary for

commencement of the O&M services;

(iii) the Contractor having engaged sufficient number of adequately skilled

O&M personnel to perform the services during the O&M Period;

(iv) the Contractor having furnished to the Employer the O&M Security as

specified in Clause 33;

(v) he Contractor having cleared the Site and removed all debris, hazardous

materials, surplus construction materials, equipment, temporary works,

work sheds, labour camps and all other temporary installations on the

Site.

The date of the Final Construction Completion Certificate shall be the Final

Construction Completion Date for the Facility.


17.5. The format of the Completion Certificates have been provided in Annexure 5

& 6

17.6. Trial Operation

a) Within 1 day of the issuance of the Final Construction Completion

Certificate to the Contractor, the Contractor shall commence the Trial

Operations of the Facility to determine whether the Facility meet the KPIs

on a continuous basis and are fit and ready to be placed into commercial

operations for treatment and disposal of Sewage in accordance with this

Contract.

b) During the Trial Operations, the Employer shall or shall cause the Project

Engineer Technical Institution/Engineer-in-Charge to monitor the

performance of the Facility on a regular basis and shall have the right to

test the compliance of the incoming Sewage with the Influent Standards

and test the compliance of the STP By-Products and the Treated Water

with the Treated Water Standards every 7 days to ensure that the Facility

meets the KPIs. If the Employer, or, as the case may be, the Project

Engineer Technical Institution/Engineer-in-Charge is of the view that

there are any defects or deficiencies in the Facility, the Employer shall

instruct the Contractor to follow the Trial Operation Procedures and/or

rectify the defects and deficiencies to ensure compliance with the KPIs.

c) After the expiry of 1 month from the date of commencement of Trial

Operations or after the rectification of the defects and deficiencies in the

Facility identified by the Employer or the Project Engineer Technical

Institution/Engineer-in-Charge during the Trial Operations, whichever is

later, the Contractor shall issue a notice to the Employer stating that the

Trial Operations have been successfully completed for the Facility. The

Employer shall have the right to undertake a final inspection of the Facility

within 5 days of a notice being issued by the Contractor.

d) If the Employer is satisfied that the Facility meets the KPIs and the

Specifications, and are capable of safe and reliable operations, then, the

Employer shall issue the Trial Operations Completion Certificate for the

relevant Facility to the Contractor within 7 days of the Employer

undertaking a final inspection of the Facility.


e) If the Employer is of the opinion that the defects and deficiencies in the

relevant Facility have not been adequately rectified or that the relevant

Facility does not comply with the KPIs and/or Specifications, then the

Employer shall reject the Facility and ask the Contractor to rectify the

defects and deficiencies.

f) The Contractor will not be entitled to any O&M Payments or any other

payment for conducting the Trial Operations, which shall be carried out

solely at the cost and risk of the Contractor.

17.7. Commercial Operations Date (COD)

a) Within 7 days from the date of issuance of the Trial Operations

Completion Certificate for the Facility, the Employer shall issue the COD

Certificate, subject to the following conditions having been fulfilled by the

Contractor: i) the O&M Manual having been approved by the Employer;

ii) he Contractor having submitted the O&M Security to the Employer.

b) The date on which the COD Certificate is issued to the Contractor shall be

the Commercial Operations Date (COD) of the Facility.

18. O&M Period

18.1. The period for the operation and maintenance of the Facility shall commence

on and from the COD, and shall continue until the expiry of 10 years from the

COD (the O&M Period), unless terminated earlier in accordance with terms

of this Contract.

18.2. O&M Manual

a) The Contractor shall prepare a detailed O&M Manual for the Facility in

accordance with the Specifications, EHS Plan, Applicable Laws and

Applicable Permits. The O&M Manual shall specify the operation and

maintenance procedures, methods, practices, techniques, manpower and

preventive, curative procedures to be used by the Contractor. If there any

errors or deficiencies in the Specifications, the O&M Manual shall take in

account, address or rectify such errors or deficiencies.

b) At least 45 days prior to the Scheduled Final Construction Completion

Date, the Contractor shall submit 4 hard copies and 1 soft copy on a


compact disc of the draft O&M Manual to the Employer and the

Independent Consultant, if appointed, for its review and approval.

c) The Employer in consultation with the Independent Consultant, if

appointed, shall review and provide comments, if any, on the draft O&M

Manual to the Contractor or notify the Contractor of its approval of the

draft O&M Manual within 15 days from the date of receipt of the draft

O&M Manual from the Contractor. The Employer may require the

Contractor to amend or modify the draft O&M Manual if the Employer

identifies any deficiencies, inaccuracies or shortcomings in the draft O&M

Manual. If the Contractor receives any comments, suggestions or

instructions to modify the draft O&M Manual from the Employer, then the

Contractor shall modify the draft O&M Manual to correct any

shortcomings, inaccuracies or deficiencies identified by the Employer

and/or address, in writing, the Employer's comments on the draft O&M

Manual and submit the revised O&M Manual to the Employer for its

approval. The process set out in this Clause 18.2(c) shall continue until the

O&M Manual is approved by the Employer in accordance with this Clause

18.2(c).

d) The Contractor shall revise the O&M Manual as and when the Contractor

thinks it necessary to do so and in such case the provisions of Clause

18.2(c) will apply as is to the approval of the revised manual.

e) The Contractor shall undertake the O&M of the Facility strictly in

accordance with the approved O&M Manual. The Contractor shall not

deviate from or make any amendment to the approved O&M Manual

without the prior written approval of the Employer. The Contractor shall

not commence operation and maintenance of the Facility prior to

approval of the O&M Manual in accordance with this Clause 18.2.

f) Notwithstanding any approval of the O&M Manual by the Employer, the

Contractor shall bear all risk, responsibility and liability for the suitability,

accuracy, adequacy and practicality of the O&M Manual. The Contractor

shall not be entitled to any extension of time and/or costs incurred in the

preparation of or updating the O&M Manual and complying with the

requirements of this Clause 18.2.


18.3. O&M Utilities

a) The Employer shall apply for and obtain the power connection for the

operation of the Facility, in its name, at least 30 days prior to the

Scheduled Final Construction Completion Date. The Contractor shall

provide all necessary assistance to the Employer in procuring the power

connection, including by providing all documents and information

necessary to complete the application process.

b) The Contractor shall install and maintain at its cost, all utilities necessary

for the O&M of the Facility, including water, telephone connections,

internet connections, etc. at the Site. Specifically, to procure water for the

O&M of the Facility, the Contractor may dig bore-wells at the Site after

obtaining all Applicable Permits.

c) The Contractor shall not be entitled to any additional costs to comply with

its obligations in this Clause 18.3.

d) The Employer shall provide any reasonable assistance required by the

Contractor to obtain the utilities for the O&M of the Facility.

18.4. O&M Testing

a) The Sewage and the Treated Water will be tested at the Inlet Point and

the Outlet Point, respectively in accordance with this Clause 18.4 and the

Specifications.

b) The Contractor shall test the characteristics of the raw Sewage at the Inlet

Point to verify if the incoming Sewage meets the Threshold Influent

Standards. The Contractor will be required to carry out such tests at the

Inlet Point at the intervals specified in the Specifications or at such other

time interval as may be instructed by the Employer. For the avoidance of

confusion, the Contractor shall be obligated to treat the raw Sewage

irrespective of the fact that it meets the Threshold Influent Standards or

not. However, if the incoming raw Sewage does not meet the Threshold

Influent Standards, then the Contractor shall not be liable to pay

Performance Liquidated Damages if the final Treated Water and/or

Digested Sludge at the Outlet Point fails to meet the Treated Water

Standards.


c) The Contractor shall test the characteristic of the Treated Water and the

STP By-Products at the Outlet Point to determine if the Treated Water

and the STP By-Products meets the prescribed Treated Water Standards.

The Contractor will be required to carry out such tests at the Outlet Point

at the intervals specified in the Specifications or such other time interval

as may be instructed by the Employer.

d) For the purpose of ensuring that the Treated Water and the raw Sewage

at the Outlet and Inlet Point are in compliance with the Threshold Influent

Standards and the Treated Water Standards respectively, the Contractor

shall ensure that both the Treated Water and the raw Sewage are sent for

testing to the In-house Laboratory on a daily basis.

e) Further, the Contractor shall be obligated to send the Treated Water and

the raw Sewage to the Authorized Laboratory to ensure that they meet

the Treated Water Standards and the Threshold Influent Standards, on a

monthly basis.

f) The Contractor shall, within 7 days from the issuance of the Final

Construction Completion Certificate, submit to the Employer a list of

three NABL accredited laboratories and the Employer shall within 7 days

of receipt of such list confirm the selection of one such NABL accredited

laboratory (“Authorized Laboratory”) for the purpose of testing the

Treated Water and raw Sewage during the O&M Period, on a monthly

basis.

g) For the avoidance of doubt, the cost of construction, setting up,

equipping and operation of the In-house Laboratory shall be borne solely

by the Contractor. Furthermore, all costs associated with the sending of

the samples of Treated Water and raw Sewage to the Authorized

Laboratory shall also be borne solely by the Contractor.

18.5. Maintenance and Repair of the Facility

a) During the O&M Period, the Contractor shall undertake the maintenance

of the Facility and repair any damage to the Facility either by itself, or

through an approved Subcontractor, such that the Facility shall be:

(i) in good working condition (subject only to wear and tear and Force

Majeure) and achieve their full useful economic life in accordance

with the Drawings;


(ii) maintained in compliance with the Specifications, O&M Manual,

Applicable Laws, Applicable Permits, Good Industry Practice; and

(iii) capable of meeting the KPIs.

b) For the first year of the O&M Period, the Contractor shall submit its

Scheduled Maintenance Programme for the Facility, specifying the

Scheduled Maintenance periods for the STP and the impact of such

Scheduled Maintenance periods on the Availability of each STP to the

Employer and the Independent Consultant, if appointed, at least 1 month

before the Scheduled Maintenance period and for every subsequent year

of the O&M Period, the Contractor shall submit the Scheduled

Maintenance Programme, at least 1 month prior to the beginning of the

relevant year. The Scheduled Maintenance Programme for the first year

will cover the period from the COD until the end of the calendar year in

which the COD occurs.

c) Within 15 days of receipt of the Scheduled Maintenance Programme, the

Employer, in consultation with the Independent Consultant, if so

appointed, shall notify the Contractor of its approval. If the Employer

does not accept any one or more of the requested Scheduled

Maintenance periods or its impact on the Availability of a Facility, the

Employer shall advise the Contractor within 15 days of the receipt of the

Scheduled Maintenance Programme on when any Scheduled

Maintenance can be rescheduled or how its impact on the Availability of

a Facility may be minimised. The rescheduled time shall be as close as

reasonably practicable to the original requested time, and shall be of

equal duration as the original requested period. If the Employer fails to

object to any Scheduled Maintenance within the specified time period or

fails to advise the Contractor of a substitute time, the Contractor may

schedule the Scheduled Maintenance for such duration and at such time

as initially requested.

d) Notwithstanding the finalization of the Scheduled Maintenance

Programme pursuant to this Clause 18.5, the Employer, in consultation

with the Independent Consultant, if appointed, may require the

Contractor to reschedule a Scheduled Maintenance in the Scheduled

Maintenance Programme, provided that:

(i) the Employer has given the Contractor at least 30 days prior written

notice of such re-scheduling;

(ii) the Employer shall not require such Scheduled Maintenance to be


rescheduled for a period of shorter or longer duration;

(iii) the Employer shall not require that a single Scheduled Maintenance

period be split into two or more periods; and

(iv) the Employer shall not require that a Scheduled Maintenance be

brought forward any earlier than 15 days from the date of such notice

without the consent of the Contractor.

e) Notwithstanding the finalization of the Scheduled Maintenance

Programme pursuant to this Clause 18.5, the Contractor may request a

rescheduling of any Scheduled Maintenance upon 60 days prior written

notice to the Employer. The Employer shall respond to such request

within 10 days and shall not unreasonably withhold its permission for

such re-scheduling.

f) Within 5 days of any re-scheduling of a Scheduled Maintenance in

accordance with Clause 18.5 (d) or Clause 18.5 (e) above, the Contractor

shall provide to the Employer, the amended Scheduled Maintenance

Programme.

g) The Facility will be deemed to be Available for the duration of the

Scheduled Maintenance that are undertaken as per the approved

Scheduled Maintenance Programme or as notified and approved in

accordance with this Clause 18.5.

h) During the O&M Period, the Contractor shall, at its own cost, replace any

component or part of the Facility that is damaged or worn out or in the

Contractor's judgement becomes no longer practicable to repair as a

result of normal wear and tear.

19. Key Performance Indicators (KPIs) for the O&M Period

A. Availability

19.1. The Contractor shall ensure that the Availability of the Facility on every day

during the O&M Period shall be 100% (the “Guaranteed Availability”). The

'Availability' of the Facility will be determined as a ratio of the number of

hours in a day during which such Facility was available to convey, accept and

treat the Sewage up to its Design Capacity, to the total number of hours in a

day, and the term 'Available' shall be construed accordingly.


19.2. In computing the Availability of each Facility, the Contractor agrees that the

Facility will be deemed to be Available at all times, other than during the

period of: a) an Unscheduled Outage affecting such Facility; b) a Power

Outage affecting such Facility; c) an Emergency affecting such Facility,

attributable to the Contractor, during which the Facility will be /deemed to

be not Available.

B. Raw Sewage Characteristics and Treated Water Standards

19.3. The Contractor is obligated to receive and treat, the raw Sewage delivered to

the STP at the Inlet Point and ascertain whether the raw Sewage meets the

Threshold Influent Standards. If the raw Sewage received at the Inlet Point

does not meet the Threshold Influent Standards, the Contractor shall still be

required to treat such Sewage but shall not be liable to pay any Performance

Liquidated Damages if the final Treated water and/or the STP By- Products at

the Outlet Point fails to meet the Treated Water Standards.

19.4. The Contractor shall ensure that the Treated Water and the STP By-Products

comply with the Treated Water Standards set out in Annexure 9.

19.5. The Contractor shall have the obligation to operate and maintain the

necessary infrastructure for ensuring the reuse of Treated Water in

accordance with the Treated Water Standards. Furthermore, the Employer

shall have the right to utilize such Treated Water both inside and outside the

Site for non-potable purposes.

20. Liquidated Damages

A. Delay Liquidated Damages:

20.1. If the Contractor fails to complete the work corresponding to any Milestone

by the relevant Scheduled Milestone Completion Date or fails to complete the

construction of the entire Facility by the Scheduled Final Construction

Completion Date, then the Employer shall be entitled to liquidated damages

for each day of delay beyond the Scheduled Milestone Completion Date, or,

as the case may be, the Scheduled Final Construction Completion Date, at the

rate of 0.1% of the Performance Security for each day of delay up to 90 days

from the relevant Scheduled Milestone Completion Date, or, as the case may

be, the Scheduled Final Construction Completion Date (collectively, the Delay

Liquidated Damages).


20.2. The Delay Liquidated Damages will be payable until the work for the relevant

Milestone is completed or, as the case may be, the construction of the Facility

is completed, as certified by the Employer.

20.3. If the Contractor completes the construction of the Facility by the Scheduled

Final Construction Completion Date, the aggregate Delay Liquidated Damages

recovered by the Employer for a delay in achieving any Milestone shall be

refunded by the Employer to the Contractor, without any interest.

20.4. The Employer shall be entitled to deduct the Delay Liquidated Damages from

the amount payable to the Contractor for any Milestone, and if such amounts

are insufficient, the Employer shall have a right to invoke the Performance

Security to the extent of the Delay Liquidated Damages.

20.5. The Parties acknowledge that the Delay Liquidated Damages are a genuine

pre-estimation of and reasonable compensation for the loss that shall be

suffered by the Employer as a result of the delay in the completion of the

Facility, and not as penalty.

20.6. If the Contractor fails to complete the works for a Milestone within 90 days

of the Scheduled Milestone Completion Date or if the Contractor fails to

complete the construction of the Facility within 90 days from the Scheduled

Final Construction Completion Date, then such failure shall be deemed to be

a Contractor Event of Default in accordance with Clause 30.1 and the

consequences shall follow.

20.7. The payment or deduction of Delay Liquidated Damages shall not relieve the

Contractor from its obligations to complete the construction of the Facility,

or from any of its other duties, obligations or responsibilities under the

Contract. The Contractor shall use and continue to use its best endeavours to

avoid or reduce further delay in completing the Facility.

B. Availability Liquidated Damages and Performance Liquidated Damages:

20.8. If the Availability of the Facility on any given day is less than the Guaranteed

Availability, then the Contractor shall pay as liquidated damages to the

Employer, an amount equal to INR 50,000 (Rupees fifty thousand) for each

1% or part thereof reduction in Availability below the Guaranteed Availability,

(the "Availability Liquidated Damages").


20.9. The aggregate Availability Liquidated Damages payable by the Contractor in

any quarter of the O&M Period will be deducted from the O&M Payments

due to the Contractor for such quarter. If the Availability Liquidated Damages

for a quarter exceed the O&M Payments for such quarter, then the excess

amounts shall, at the discretion of the Employer, either be adjusted against

the O&M Payments for the subsequent quarter or recovered from the O&M

Security.

20.10. If the Facility does not comply with the conditions and standards for the O&M

Period laid down in Annexure 9, the Contractor will be liable to pay liquidated

damages to the Employer, for the amounts set out (“Performance Liquidated

Damages”)

in Annexure 9.

20.11. The Performance Liquidated Damages payable by the Contractor in any

quarter of the O&M Period will be deducted from the O&M Payments due to

the Contractor for such quarter. If the Performance Liquidated Damages for

a quarter exceed the O&M Payments for such quarter, then the excess

amounts shall, at the discretion of the Employer, either be adjusted against

the O&M Payments for the subsequent quarter or recovered from the O&M

Security.

21. Extension of Time and Delay Events

21.1. The Contractor shall be entitled to a day for-day extension of the relevant

Scheduled Milestone Completion Date or as the case may be, the Scheduled

Final Construction Completion Date, if the completion of construction of the

Facility is delayed due to any of the following reasons (each such event, a

Delay Event):

a) occurrence of a Force Majeure Event, provided that the requirements of

Article 14 have been complied with;

b) undue delay by the relevant Government Authority in renewing any

Applicable Permit, despite the Contractor having applied for such renewal

expeditiously and having complied with the requirements of Applicable

Laws in making such application;

c) undue delay by the relevant Government Authority in providing any

utility connection, despite the Contractor having applied for such utility

connection expeditiously and having complied with the requirements of

Applicable Laws in making such application;

d) any delay attributable to unforeseen site conditions in accordance with

Clause 14;


e) delay by the Employer in approval of the Drawings in accordance with

Clause 16.4;

f) delay by the Employer in approval of the Construction Plan in accordance

with Clause 16.5;

g) delay by the Employer in approval of the O&M Manual in accordance with

Clause 18.2;

h) delay by the Employer in issuance of a Milestone Completion Certificate

in accordance with Clause 17.2;

i) delay by the Employer in issuance of the Final Construction Completion

Certificate in accordance with Clause 17.4;

j) any variation proposed by the Employer in Specifications or Drawings in

accordance with Clause 24; or

k) delay caused in complying with any instructions of the Employer or the

Project Engineer Technical Institution/Engineer-in-Charge, which

instructions are not attributable to any default of the Contractor

21.2. The Contractor shall promptly provide the Employer (with a copy to the

Project Engineer Technical Institution/Engineer-in-Charge) with a notice upon

becoming aware of any Delay Event listed at Clause 21.1 above. The notice

should specify the nature of the Delay Event, the extent of delay suffered or

likely to be suffered by the Contractor and mitigation measures being taken

by the Contractor. The issuance of the notice under this Clause 21.2, shall be

within 7 days from the date the Contractor became aware of the Delay Event

and this shall be a condition precedent to the Contractor's entitlement to an

extension of time under this Clause 21.

21.3. The Employer in consultation with the Project Engineer Technical

Institution/Engineer-in-Charge shall grant such extension at each such

occasion within a period of 30 days of receipt of application from the

Contractor and shall not wait for finality of work.

21.4. If the Contractor claims an extension of time in accordance with Clause 21.2

and the Employer is of the opinion that such delay was caused or materially

contributed to by any concurrent or interacting cause or causes of delay not

listed in Clause 21.2, then the Contractor shall not be entitled to any

extension of time for the concurrent period of delay.

21.5. If two or more of the Delay Events listed in Clause 21.1 occur concurrently,

then such concurrent period shall not be counted twice in determining an

extension of time.

21.6. In case of the work already in progress, the Contractor shall proceed with the

execution of works, including maintenance thereof, pending receipt of the

decision of the Employer as aforesaid with all due diligence.


21.7. Any Dispute between the Parties with respect to the occurrence, length of

subsistence or consequence of any of the Delay Event shall be settled in a

final and binding manner in accordance with Clause 15 (Dispute Resolution).

C. Quality Control

22. Correction of Defects noticed during the Defect Liability Period

22.1. The defect liability period of work in the contract shall be for a period of 2

years from the COD (“Defect Liability Period”).

22.2. The Contractor shall promptly rectify all Defects pointed out by the Project

Engineer Technical Institution/Engineer-in-Charge well before the end of the

Defect Liability Period. The Defect Liability Period shall automatically stand

extended until the defect is rectified.

22.3. If the Contractor has not corrected a Defect pertaining to the Defect Liability

Period to the satisfaction of the Project Engineer Technical

Institution/Engineer-in-Charge, within the time specified by the Project

Engineer Technical Institution/Engineer-in-Charge, the Project Engineer

Technical Institution/Engineer-in-Charge will assess the cost of having the

Defect corrected, and the cost of correction of the Defect shall be recovered

from the Performance Security or any amount due or that may become due

to the Contractor and other available securities.

23. Project Engineer and Independent Consultant

A. Project Engineer

23.1. The Employer may appoint a third-party engineering firm/ consultancy

firm/individual consultant with requisite technical expertise, knowledge and

experience in the design, engineering and construction of STPs, as detailed in

Clause 23.2, as the engineer for the Project (the “Project Engineer”). The

Project Engineer shall assist the Employer in supervising the construction,

design and engineering of the Facility and shall support the Employer to

monitor compliance with the KPIs. The Employer shall appoint the Project

Engineer prior to the Effective Date and shall remain appointed till the end of

the Term. Provided however, the Employer shall have the option of appointing

a Technical Institution and or causing the Engineer-in-Charge to perform the

obligations of the Project Engineer, as specified in Clause 23.7.

23.2. The Project Engineer shall fulfil the following criteria for the purpose of

appointment:


a) The Project Engineer shall have educational qualification of B.Tech or B.E.

in civil engineering from AICTE approved institutions; and

b) The Project Engineer shall have a minimum experience of 10 (ten) years in

construction supervision of STPs.

23.3. All fees, costs, charges and expenses payable to the Project Engineer shall be

borne by the Employer.

23.4. The Employer may replace the Project Engineer in any of the following

circumstances:

a) if it has reason to believe that the Project Engineer has not discharged its

duties in accordance with this Clause 23;

b) if the Project Engineer submits his resignation.

23.5. The Project Engineer shall/l be required to act independently, reasonably,

fairly and expeditiously to ensure the timely completion of construction of the

Facility on or before the Scheduled Final Construction Completion Date.

23.6. During the Construction Period, the Project Engineer shall inspect the Facility

at least once a month and prepare an inspection report, setting out the

progress of the construction of the Facility, defects or deficiencies, if any, and

status of compliance with the Construction Plan, Specifications and Drawings.

The Project Engineer shall send the report to the Employer and the Contractor

within 7 days of such inspection, pursuant to which, the Contractor shall be

required to rectify the defects or deficiencies, if any, identified by the Project

Engineer.

23.7. Notwithstanding anything contained in this Clause 23 and this Contract, the

Parties hereby agree that the Employer shall have the option to utilize the

services of an engineering college/ technical university and/or technical

institution which has the requisite experience for providing such services

(“Technical Institution”), instead of appointing the Project Engineer, for the

purpose of reviewing and approving the Drawings, Construction Plan, EHS Plan

or approval of any other Specifications and document specified under this

Contract. Furthermore, for the purpose of periodic inspection and evaluation

of the Works during the Construction Period including, but not limited to,

reviewing and accepting the completion of activities contemplated under each

Milestone, instead of appointing a Project Engineer, the Employer may opt to


utilize the services of the Technical Institution or ask the Engineer-in-Charge

to conduct such activities.

B. Independent Consultant

23.8. The Employer may choose to appoint a third-party consultant firm/individual

consultant with requisite technical expertise, knowledge and experience in

the operation and maintenance of STPs, as prescribed in Clause 23.8, as the

consultant for the Project (the “Independent Consultant”). The Independent

Consultant shall assist the Employer in supervising the O&M of the Facility and

shall support the Employer to monitor compliance with the KPIs. The

Independent Consultant shall be appointed 7 days prior to the

commencement of the Trial Operations Period by the Employer and shall

discharge his duties till the end of the Term. Provided however, the Employer

shall have the option of causing any other personnel of the Employer to

perform the obligations of the Independent Consultant, as specified in Clause

23.14 and therefore choose not to appoint the third party Independent

Consultant.

23.9. The Independent Consultant shall fulfil the following criteria for the purpose

of appointment:

a) The Independent Consultant shall have educational qualification of B.Tech

or B.E. in civil engineering/mechanical engineering/chemical engineering/

environmental engineering from AICTE approved institutions; and

b) The Independent Consultant shall have a minimum experience of 5 (five)

years in operation and maintenance of STPs.

23.10. All fees, costs, charges and expenses payable to the Independent Consultant

shall be borne by the Employer.

23.11. The Employer may replace the Independent Consultant in any of the following

circumstances:

a) if it has reason to believe that the Independent Consultant has not

discharged its duties in accordance with this Clause 23;

b) if the Independent Consultant submits his resignation.

23.12. During the Trial Operations Period and the O&M Period, the Independent

Consultant or designated personnel of the Employer shall inspect the Facility

at least once a month and prepare an inspection report, setting out the

defects or deficiencies, if any, and status of compliance with the KPIs (the “KPI


Adherence Report”). The Independent Consultant or the designated

personnel of the Employer shall send the report to the Employer and the

Contractor within 7 days of such inspection, pursuant to which, the Contractor

shall be required to rectify the defects or deficiencies, if any identified by the

Independent Consultant/the designated personnel of the Employer. The

Independent Consultant/designated personnel of the Employer shall also

have the right to verify the results of the tests undertaken by the Contractor

at any time during the O&M Period at the Inlet Point and the Outlet Point to

determine the standard of the Sewage, STP By-Products and the Treated

Water in such month. All the KPI Adherence Reports for a certain quarter shall

be submitted during the O&M Period along with the payment invoices, by the

Contractor.

23.13. Except as specifically provided in this Contract, the Project Engineer and the

Independent Consultant shall have no authority, whether express or implied,

to amend, vary or curtail any of the rights or obligations of the Parties.

23.14. Notwithstanding anything contained in this Clause 23 and this Contract, the

Parties hereby agree that the Employer shall have the option, instead of

appointing the Independent Consultant, to use the services of an in-house

representative of the Employer, who has experience in dealing with O&M

activities, for the purpose of reviewing and approving the O&M Plan or

Scheduled Maintenance Programme or approval of any document specified

under this Contract during the O&M Period and for the purpose of periodic

inspection and evaluation activities, during the O&M Period including, but not

limited to, reviewing and approving the fulfilment of the KPIs and providing

and preparing the periodic KPI Adherence Reports.

D. Cost Control

24. Variations - Change in original Specifications, Drawings etc.

A. Employer Variations

24.1. The Project Engineer/Technical Institution/Engineer-in-Charge on behalf of

the Employer shall have the power to propose alterations, omissions or

additions to or substitutions for the original Specifications and Drawings that

may appear to him to be necessary during the progress of the work

(“Variation Order”) provided that, the Project Engineer/Technical

Institution/Engineer-in-Charge shall not propose a Variation, which: (A) is not

technically feasible; or (B) is not in compliance with any Applicable Law or

Applicable Permit.


24.2. Within 15 days of receipt of a Variation Order, the Contractor shall submit a

proposal to the Project Engineer/Technical Institution/Engineer-in-Charge

and the Employer setting out in sufficient detail the implications of the

proposed Variation, including any implications on the Construction Plan, and

the additional costs incurred in undertaking the Variation.

24.3. Based on its review of the proposal submitted by the Contractor, the

Employer may, at its sole discretion: (A) accept the proposal and the

corresponding adjustment to the Construction Plan and/or the additional

Costs for undertaking the Variation; (B) provide its comments on the proposal

seeking amendments and/or justification for the implications put forth by the

Contractor; or (C) reject the proposal submitted by the Contractor and

withdraw the Variation Order, within 15 days from the date of receipt of the

Contractor 's proposal.

24.4. To the extent the Employer seeks amendments and/or justification in the

proposal submitted by the Contractor, the Contractor shall incorporate or

address, in writing, the Employer's comments and submit a revised proposal.

On approval of the proposal or the revised proposal, as the case may be, the

Contractor shall proceed with the Variation.

24.5. The Contractor shall carry out the work in accordance with any instructions

which may be given to him in writing signed by the Employer, and such

alterations, omission, additions or substitutions shall not invalidate the

Contract and any altered, additional or substituted work, which the

Contractor may be directed to do in the manner above specified, as part of

the work, shall be carried out by the Contractor on the same conditions in all

respects on which he agree to do the original work.

24.6. The time for the completion of the work shall be extended in the proportion

that the altered, additional or substituted work bears to the original contract

work. Further, on implementation of a Variation Order, the Contractor shall

be entitled to the agreed adjustment to the Construction Plan and/or

payment of additional amounts agreed pursuant to the proposal submitted

by the Contractor for carrying out the Variation.

B. Contractor Variations

24.7. The Contractor may propose a Variation, which it considers necessary or

desirable to improve the efficiency, quality, reliability, durability,

maintainability or safety of the Facility. While proposing a Variation, the

Contractor shall submit a proposal to the Employer (with a copy to the Project


Engineer/Technical Institution/Engineer-in-Charge, as the case may be), with

a statement setting out:

(i) the work required or no longer required;

(ii) adjustment to the Construction Plan, if any; and

(iii) any other effect the proposed Variation would have on the construction

of the Facility or on any other provision of this Contract.

Provided however, that the Contractor shall not be permitted to seek a

Variation which (I) increases the Bid Project Cost by 10%; or (II) extends the

Scheduled Final Construction Completion Date.

24.8. Based on its review of the proposal submitted by the Contractor, the

Employer may, at its sole discretion: (A) accept the proposal and the

corresponding adjustment in the Construction Plan; (B) provide its comments

on the proposal seeking amendments and/or justification for the implications

put forth by the Contractor; or (C) reject the proposal submitted by the

Contractor, within 15 days from the date of receipt of the Contractor's

proposal under Clause 24.7 above. To the extent the Employer seeks

amendments and/or justification in the proposal submitted by the

Contractor, the Contractor shall incorporate or address, in writing, the

Employer's comments and submit a revised proposal.

24.9. On approval of the proposal or the revised proposal, as the case may be, the

Contractor shall proceed with the Variation. On implementation of a

Variation Order, the Contractor shall be entitled to the agreed adjustment in

the Construction Plan.

24.10. No Variation shall invalidate this Contract.

25. Change in Law

25.1. Increase in costs:

If as a result of Change in Law, the Contractor suffers an increase in costs or

other financial burden, which amounts to an increase of 10% of the Bid

Project Cost or more, the Contractor may so notify the Employer and propose

amendments to this Contract so as to place the Contractor in the same

financial position as it would have enjoyed had there been no such Change in

Law resulting in the cost increase or other financial burden as aforesaid. Upon

notice by the Contractor, the Parties shall meet, as soon as reasonably

practicable, but no later than 30 (thirty) days from the date of notice, and


either agree on amendments to this Contract or on any other mutually agreed

arrangement.

Provided that if no agreement is reached within 90 (ninety) days of the

aforesaid notice, the Contractor may by notice require the Employer to pay

an amount that would place the Contractor in the same financial position that

it would have enjoyed had there been no such Change in Law, and within 15

(fifteen) days of receipt of such notice, along with particulars thereof, the

Employer shall pay the amount specified therein; provided that if the

Employer shall dispute such claim of the Contractor, the same shall be settled

in accordance with the dispute resolution procedure. For the avoidance of

doubt, it is agreed that this Clause 25.1 shall be restricted to changes in law

directly affecting the Contractor's costs of performing its obligations under

this Contract.

25.2. Decrease in costs

If as a result of Change in Law, the Contractor benefits from a reduction in

costs or other financial gains, the Authority may so notify the Contractor and

propose amendments to this Contract so as to place the Contractor in the

same financial position as it would have enjoyed had there been no such

Change in Law resulting in the decreased cost or other financial gains as

aforesaid. Upon notice by the Employer, the Parties shall meet, as soon as

reasonably practicable, but no later than 30 (thirty) days from the date of

notice, and either agree on such amendments to this Agreement or on any

other mutually agreed arrangement.

Provided that if no agreement is reached within 90 (ninety) days of the

aforesaid notice, the Employer may by notice require the Contractor to pay

an amount that would place the Contractor in the same financial position that

it would have enjoyed had there been no such Change in Law, and within 15

(fifteen) days of receipt of such notice, along with particulars thereof, the

Contractor shall pay the amount specified therein to the Employer; provided

that if the Contractor shall dispute such claim of the Employer, the same shall

be settled in accordance with the dispute resolution procedure. For the

avoidance of doubt, it is agreed that this Clause 25.2 shall be restricted to

changes in law directly affecting the Contractor's costs of performing its

obligations under this Contract.

26. No compensation for alterations in or restriction of work to be carried out.

26.1. If at any time after the commencement of the work, the Government of India,

for any reason whatsoever, not require the whole or any part of the work as

specified in the bid to be carried out, the Engineer-in-Charge of the Employer


shall give notice in writing of the fact to the Contractor and withdraw that

whole or any part of the work.

26.2. The Contractor shall have no claim to any payments or compensation

whatsoever, on account of any profit or advantage which he might have

derived from the execution of work in full or on account of any loss incurred

for idle men and machinery due to any alteration or restriction of work for

whatsoever reason.

26.3. The Engineer-in-Charge of the Employer may supplement the work by

engaging another agency to execute such portion of the work, without

prejudice to his rights.

27. No Interest Payable

No interest shall be payable to the Contractor on any payment due or awarded by any Government Authority.

28. Tax

28.1. The rates quoted by the Contractor shall be deemed to be exclusive of the

sales and other levies, duties, cess, toll, taxes of Central and State

Governments, local bodies and authorities.

28.2. The liability, if any, on account of quarry fees, royalties, octroi and any other

taxes and duties in respect of materials actually consumed on public work,

shall be borne by the Employer.

29. Check Measurements

29.1. The Project Engineer/Technical Institution/Engineer-in-Charge, as the case

may be, on behalf of the Employer reserves to itself the right to prescribe a

scale of check measurement of work in general or specific scale for specific

works or by other special orders.

29.2. Any over/excess payments detected, as a result of such check measurement

or otherwise at any stage up to the date of completion of the Defect Liability

Period specified in this Contract, shall be recoverable from the Contractor.

30. Events of Default

A. Contractor Event of Default

30.1. The Engineer in charge, acting on behalf of the Employer, shall be entitled to

terminate the contract if the Contractor: (“Contractor Event of Default”)


a) Abandons the works or otherwise plainly demonstrates the intention not

to continue performance of his obligations under the contract;

b) the Contractor is declared as bankrupt or goes into liquidation other than

for approved reconstruction or amalgamation;

c) without reasonable excuse fails to comply with the notice to correct a

particular defect within a reasonable period of time;

d) the Contractor does not maintain a valid Performance Security, O&M

Security and Mobilization Advance Guarantee, as prescribed;

e) failure of the Contractor to pay the liquidated damages within the

timelines specified in this Contract;

f) the Contractor has delayed the completion of the works by such duration

for which the maximum amount of liquidated damages under this

Contract is recoverable;

g) If the Contractor fails to deploy machinery and equipment or personnel as

required under this Contract.

h) if the Contractor has engaged in corrupt or fraudulent practices in

competing for or in executing the contract;

i) failure of the Contractor to achieve successful completion of Trial

Operations of the Facility by the Scheduled COD;

j) any representation made or warranties given by the Contractor under this

Contract being found to be false or misleading in any material respect;

k) failure of the Contractor to obtain, renew and maintain any Applicable

Permit or comply with any Applicable Laws;

l) Any other fundamental breaches as specified in this Contract; and

m) Any other instance which has been specified in this Contract.

30.2. In any of these events or circumstances, the Employer shall give 30 days’

notice to the Contractor to remedy the Contractor Event of Default. The

notice shall state in reasonable detail the grounds on which termination is

sought. If the Contractor fails to remedy the default within the stipulated time

period or does not propose any remedy to cure such default, the Employer

shall have the right to terminate the contract and expel the Contractor from

the site. However, in the case of sub paragraph (b) or (h), the Employer may

terminate the Contract immediately and the consequences set out in Clauses

31 and 32 shall follow.

30.3. If however, the Contractor does remedy the default within 30 days or

proposes a remedy to cure the default within the 30 day period, then the

Employer shall be obligated to withdraw the notice to terminate and shall

send notice of such withdrawal to the Contractor.


30.4. Notwithstanding anything contained in this Clause 30, during the subsistence

of a Contractor Event of Default, the Parties shall continue to perform such of

their respective obligations under this Contract, which are capable of being

performed in accordance with this Contract.

B. Employer Event of Default

30.5. The Contractor shall be shall be entitled to terminate the contract if the

Employer (“Employer Event of Default”):

a) a breach by the Employer of its obligations under this Contract which has

an adverse effect on the ability of the Contractor to construct or operate

and maintain a Facility;

b) any representation made or warranties given by the Employer under this

Contract being found to be false or misleading in any material respect;

c) failure to grant all necessary right of way to the Contractor within 120 days

of the Effective Date;

d) a breach by the Employer of its obligations under this Contract which has

a Material Adverse Effect on the ability of the Contractor to construct or

operate and maintain a Facility and such breach, if capable of being

remedied, is not remedied within 30 days of a notice being given by the

Contractor

e) the Employer is declared as bankrupt or goes into liquidation other than

for approved reconstruction or amalgamation; and

f) Any other breaches and incidents as specified in this Contract as an

Employer Event of Default.

30.6. Without prejudice to the other provisions of this Contract, upon the

occurrence of an Employer Event of Default, the Contractor may initiate

termination of this Contract by delivering a notice to the Employer, which

shall specify with reasonable detail the grounds on which termination is

sought. The notice shall provide the Employer a 30 days cure period to

remedy the default or propose a remedy to cure the default failing which the

Contractor shall have the right to terminate the Contract immediately.

30.7. If, however, the Employer within 30 days does remedy the default or propose

a remedy to cure the Employer Event of Default, the Contractor shall

withdraw the notice to terminate and shall communicate the same

immediately to the Employer.

30.8. Notwithstanding anything contained in this Contract, in case the Contractor,

at the bidding stage, had furnished a copy of a binding Memorandum of

Understanding entered into with an entity having the requisite O&M

experience (as required under the ITB) for carrying out the operations and


maintenance of the Project (“MoU”) and in the event the Contractor fails to

engage the aforementioned entity on the Appointed Date, then the

Contractor shall within 30 days from the Appointed Date, appoint another

entity with equal or greater O&M experience to replace the entity which was

initially sought to be engaged by the Contractor. If the Contractor fails to

appoint any alternate entity within the timeline stipulated above, the same

shall be treated as a Contractor Event of Default other such consequences

specified in this Contract for Contractor Event of Default shall follow.

31. Consequences of Termination

31.1. Termination prior to Construction Completion:

If the termination of the Contract takes place prior the happening of the

COD:

a) the Contractor shall cease all work in relation to construction of the

Facility,

b) the Contractor shall take all necessary steps to safeguard and protect the

Facility;

c) the Employer shall require the Project Engineer/Technical

Institution/Engineer-in-Charge to assess the cost of the construction

works undertaken by the Contractor in relation to the Facility as on the

date of the termination and based on such assessment, the Employer shall

make the termination payments.

d) the Contractor shall hand over the Site, the Facility to the Employer or its

nominee to the extent applicable.

31.2. Termination between Construction Completion and COD

If the termination of the Contract takes place between the Construction

Completion and the COD, the following shall be the consequences:

a) the Contractor shall cease the Trial Operations of the Facility;


Facility and all other equipment, materials and goods on the Site; and

c) the Contractor shall handover the Site and the Facility to the Employer.

31.3. Termination post COD

If the termination of the Contract takes place post the occurrence of the COD,

then the following consequences shall take place:

a) the Contractor shall cease all work in relation to O&M of the Facility



Facility and all other equipment, materials and goods on the Site; and

c) the Contractor shall hand over the Site and the Facility to the Employer.

32. Termination Payment

A. Termination Payments if Termination prior to COD

If the Contract is terminated due to the Contractor Event of Default, the

termination payment payable by the Employer to the Contractor shall only

include 85% of the Construction Payment due to the Contractor on the date

of the notice given by the Employer with the intent to terminate as per Clause

30.2 LESS any amounts due and payable by the Contractor under this Contract

(including but not limited to any Liquidated Damages payable). In addition,

the Contractor shall be obligated to forfeit the Performance Security to the

Employer.

If the Contract is terminated due to Employer Event of Default, the Employer

shall pay the Contractor the Construction Payments due to the Contractor as

on the date of the notice given by the Contractor with the intent to terminate

as provided in Clause 30.8 LESS any amounts due and payable by the

Contractor under this Contract (including but not limited to any Liquidated

Damages payable). In addition, the Employer shall return the Performance

Security within 30 days from the date of termination of the Contract.

B. Termination Payments if Termination happens post COD

If the Contract is terminated due to the Contractor Event of Default, the

termination payment payable by the Employer to the Contractor shall include

the O&M Payments due to the Contractor on the date of the notice given by

the Employer to terminate the Contract as provided in Clause 30.2 LESS any

amounts due and payable by the Contractor under this Contract (including

any Liquidated Damages or any other amount payable by the Contractor).

Furthermore, the Contractor shall be obligated to forfeit the O&M Security

amount to the Employer.

If the Contract is terminated due to Employer Event of Default the Employer

shall pay the Contractor the O&M Payments due to the Contractor as on the

date of the notice given by the Contractor with the intent to terminate the

Contract as provided in Clause 30.8 LESS any amounts due and payable by the

Contractor under this Contract (including any Liquidated Damages or any

other amount payable by the Contractor). Furthermore, the Employer shall


return the O&M Security within 30 days from the date of actual termination

of the Contract.

C. Termination Payment due to Force Majeure Event

a) Non Political Force Majeure Event

In the event of a termination of this Contract as a result of a Non-

Political Force Majeure Event, the Parties agree that the Contractor

shall not be entitled to any termination payment. The Employer shall

however return the Performance Security or the O&M Security, as the

case may be, to the Contractor within 30 days of actual termination

of the Contract.

b) Indirect and Direct Political Force Majeure Event:

If the Contract is terminated due to an Indirect Political Force Majeure

Event or a Political Force Majeure Event, prior to the COD, the

Employer shall be liable to pay to the Contractor, the Construction

Payments due to the Contractor for Milestones completed and

certified by the Employer as on the date of the notice of termination

LESS any amounts due and payable by the Contractor under this

Contract (including Liquidated Damages and any amount payable

under this Contract). The Employer shall return the Performance

Security to the Contractor within 30 days of actual termination of this

Contract.

If the Contract is terminated due to an Indirect Political Force Majeure

Event or a Political Force Majeure Event, post the COD, the Employer shall

be liable to pay to the Contractor, the O&M Payments due to the

Contractor as on the date of the notice of termination under LESS any

amounts due and payable by the Contractor under this Contract

(including Liquidated Damages and any amount payable under this

Contract). The Employer shall however return the O&M Security to the

Contractor within 30 days of actual termination of this Contract

33. Performance Security, O&M Security and Mobilization Advance Guarantee

33.1. The Contractor shall have submitted to the Employer, within 30 days of the

Appointed Date, an unconditional and irrevocable bank guarantee for an

amount equal to INR [●]12 (Rupees []), corresponding to 5% of the Bid Project

12 To be populated depending upon the Bid Project Cost being quoted by the Selected Bidder


Cost (the “Performance Security”). It is hereby understood that until such

time the Performance Security is provided by the Contractor pursuant hereto

and the same comes into effect, the Bid Security shall remain in force and

effect, and upon such provision of the Performance Security, the Employer

shall release the Bid Security to the Contractor. It is further provided that in

the event that the Performance Security is not provided by the Contractor

within the specified period, the Employer shall have the right to encash the

Bid Security and appropriate the proceeds thereof as damages, and

thereupon all rights, privileges, claims and entitlements of the Contractor

under or arising out of this Contract shall be deemed to have been waived by,

and to have ceased with the concurrence of the Contractor, and this Contract

shall be deemed to have been terminated by mutual agreement of the

Parties.

33.2. The Performance Security shall remain valid until 3 months from the COD.

The Performance Security shall be returned within 90 days of the COD.

33.3. The Contractor shall, 30 days prior to the payment linked to the final Payment

Milestone, submit an unconditional and irrevocable bank guarantee for an

amount equal to INR [●]13 (Rupees []), corresponding to 20% of the

Construction Cost (the “O&M Security”). For the avoidance of confusion, the

Contractor shall receive the payment linked with the final Payment Milestone

only if the O&M Security is furnished within the time specified above.

Furthermore, notwithstanding anything contained in this Contract, the

Performance Security shall only be returned to the Contractor upon the

Contractor furnishing the O&M Security.

33.4. In case the O&M Security is not furnished within the time specified above in

Clause 33.3, an amount equivalent to the O&M Security amount shall be

deducted from the payment linked with the final Payment Milestone and such

amount shall be retained by the Employer until the O&M Security is

furnished. For the purpose of this Contract, such amount which is withheld

shall be deemed to be an interest free O&M Security. In case the Contractor

subsequently furnishes the O&M Security, then the withheld amount shall be

returned to the Contractor by the Employer provided that there is

confirmation from the Scheduled Bank which is acting as the guarantor.

33.5. The Contractor shall maintain the O&M Security in full force and effect until

the expiry of the O&M Period. The O&M Security shall have an initial validity

period of 1 year, which must be renewed on a year-on-year basis, before the

expiry of the 10th month of the relevant year, until the expiry of the O&M

Period. Further, that upon yearly renewal, the value of the O&M Security shall

13 To be populated depending upon the Bid Project Cost being quoted by the Selected Bidder


be decreased at the rate of 4% of the Construction Cost, every year. For the

purpose of illustration, the value of the O&M Security for the second year

shall be 16% of the Construction Cost and so on.

33.6. The O&M Security shall be returned to the Contractor only if the Contractor

has completed all of its obligations during the O&M Period in compliance with

the Specifications, O&M Manual and the standards laid down in Annexure 9,

to the satisfaction of the Employer. If the Employer is not satisfied and

discovers defects and deficiencies in the O&M services at the end of the O&M

Period, then the Employer shall be entitled to remedy the defects and debit

the cost from the O&M Payments or any other payments due. In such case,

the Employer shall also have the right to not return the O&M Security and

drawdown such amount from the O&M Security to the extent of the costs

incurred by the Employer in remedying the defects and deficiencies in the

O&M activities and subsequently return the O&M Security.

33.7. Furthermore, if during the Defect Liability Period, the Employer discovers any

defects in the works the Contractor shall promptly remedy the defects at its

cost at the Employer’s instructions. If the Contractor does not remedy such

defects then the Employer shall be entitled to remedy the defects and debit

the cost from the O&M Payments or any other payments due. It is clarified

that the Employer shall have the right to draw down from the O&M Security

such amounts incurred by the Employer in remedying such defects. In case of

such draw down the Contractor shall promptly replenish the O&M Security to

the full amount.

33.8. The Performance Security shall secure the due performance of the

Contractor’s obligations during the Construction Period and the O&M

Security shall secure the due performance of the Contractor's obligations

during the O&M Period. The cost of procuring the Performance Security and

the O&M Security shall be borne solely by the Contractor.

33.9. If the Performance Security is scheduled to expire before the COD, then the

Contractor shall arrange for an extension of the Performance Security at least

45 days prior to such expiration. If the Contractor fails to procure such

extension or replacement, the Employer shall be entitled to drawdown the

total amount available under the Performance Security and retain such

amount as cash security until such time that the Contractor submits an

extension or replacement of the Performance Security. Upon receipt of a

renewed or replacement Performance Security, the Employer shall return the

unutilized cash security amount for the Performance Security to the

Contractor.


33.10. If any O&M Security is not renewed by the expiry of the 10th month of the

relevant year of the O&M Period, then the Employer shall be entitled to

drawdown the total amount available under the O&M Security, and retain

such amount as cash security until such time that the Contractor submits an

extension or replacement of the O&M Security. If the O&M Security is not

renewed within 2 months from the renewal date mentioned above, the

Employer shall have the right to treat the same as a Contractor Event of

Default and the consequences laid down in this Contract shall be followed.

Upon receipt of a renewed or replacement O&M Security or within 30 days

of the expiry of the O&M Period, as the case may be, the Employer shall

return the unutilized cash security amount for the O&M Security to the

Contractor.

33.11. The Employer shall have the right to draw on the Performance Security and

claim up to the amount guaranteed upon the Contractor's failure to honour

any of its obligations, responsibilities or commitments during the

Construction Period, or any amount due and payable by the Contractor to the

Employer (including any Delay Liquidated Damages and Termination

Compensation), in accordance with this Contract.

33.12. The Employer shall have the right to draw on the O&M Security and claim up

to the amount guaranteed upon the Contractor's failure to honour any of its

obligations, responsibilities or commitments during the O&M Period, or any

amount due and payable by the Contractor to the Employer (including any

Availability Liquidated Damages, Performance Liquidated Damages,

termination payment), in accordance with this Contract.

33.13. The Employer shall not be required to give any prior notice to the Contractor

of its intention to make a demand under the Performance Security or the

O&M Security, as the case may be. However, the Employer shall provide the

Contractor with a copy of any demand notice issued by the Employer under

the Performance Security or the O&M Security, simultaneously with the

issuance of the demand notice to the Scheduled Bank that has issued the

Performance Security or the O&M Security.

33.14. If the Employer makes a demand under the Performance Security or O&M

Security, in part or in full, the Contractor shall immediately and in no event

later than 15 days of such demand, restore the value of such Performance

Security or O&M Security to the amount stated in this Clause 33.

33.15. Within 30 days from the COD or the termination of this Contract, whichever

is earlier, the Performance Security or, as the case may be, the amount

retained by the Employer as cash security under Clause 33.9, shall be released

to the Contractor subject to the Employer’s right to receive any amounts from


the Contractor before or upon COD or termination of this Contract and

provided that there exists no Contractor Event of Default.

33.16. Upon the expiry of the O&M Period or the termination of this Contract,

whichever is earlier, the O&M Security or, as the case may be, the amount

retained by the Employer as cash security under Clause 33.10, shall be

released to the Contractor after the expiry of 30 days from the date of expiry

or termination of this Contract, subject to the Employer’s right to receive any

amounts from the Contractor before or upon such expiry or termination of

this Contract and provided that there is no Contractor Event of Default.

33.17. Mobilization Advance Guarantee

Within 30 days from the Effective Date, the Contractor shall submit to the

Employer: (i) an unconditional and irrevocable bank guarantee for an amount

equal to the 110% of Mobilization Advance in the form set out at Annexure 4

(the Mobilization Advance Guarantee). The Mobilization Advance

Guarantees shall secure the Mobilization Advance paid to the Contractor. The

cost of procuring the Mobilization Advance Guarantees shall be borne solely

by the Contractor.

The Mobilization Advance Guarantee shall remain valid until the Mobilization

Advance has been adjusted against the part of the payment linked with the

first Payment Milestone.

If any Mobilization Advance Guarantee is scheduled to expire before the

entire Mobilization Advance has been adjusted, then the Contractor shall

arrange for an extension of the relevant Mobilization Advance Guarantee at

least 30 days prior to such expiration. If the Contractor fails to procure such

extension or replacement, the Employer shall be entitled to drawdown the

total amount available under such Mobilization Advance Guarantee and retain

such amount as cash security until such time that the Contractor submits an

extension or replacement of the Mobilization Advance Guarantee.

The Employer shall be entitled to utilize such retained amount in the same

manner as it would utilise the Mobilization Advance Guarantee. Upon receipt

of an extension or replacement Mobilization Advance Guarantee or on

adjustment of the entire Mobilization Advance, the Employer shall return the

unutilized cash security amount to the Contractor.


The Employer shall have the right to draw on the Mobilization Advance

Guarantee in the event of the inadequate adjustment of the Mobilization

Advance with the amount due from the first Payment Milestone.

In case the Contract is terminated early before the recovery of mobilisation of

advance, then this advance would become an interest bearing advance and

the interest rate shall be SBI MCLR rate.

The Employer shall not be required to give any prior notice to the Contractor

of its intention to make a demand under any Mobilization Advance Guarantee.

However, the Employer shall provide the Contractor with a copy of any

demand notice issued by the Employer under a Mobilization Advance

Guarantee, simultaneously with the issuance of the demand notice to the

Scheduled Bank that has issued the Mobilization Advance Guarantee.

34. Payment Terms

34.1. In consideration of the works and services required to be performed by the

Contractor for designing, constructing, operating and maintaining the Facility

in accordance with this Contract, the Contractor shall be entitled to receive

the Construction Payments and the O&M Payments from the Employer in

accordance with this Clause 34.

34.2. The Contractor shall be deemed to have satisfied itself regarding the

adequacy, accuracy and sufficiency of the Construction Payments and the

O&M Payments. Apart from any permitted variation, the Construction

Payments and the O&M Payments are the total consideration payable to the

Contractor for undertaking the Project.

34.3. Construction Payments:

a) Subject to this Clause 34.3, the Construction Payment will be paid by the

Employer to the Contractor in the following 4 equal instalments (the

“Payment Milestones”):

A) 1st instalment of 25% of the relevant Construction Cost upon the

expiry of 1/4th of the Construction Period or issuance of the first

Milestone Completion Certificate, whichever is later;

B) 2nd instalment of 25% of the relevant Construction Cost upon the

expiry of 1/4th of the Construction Period or issuance of the second

Milestone Completion Certificate,


C) 3rd instalment of 25% of the relevant Construction Cost upon the

expiry of 3/4th of the Construction Period or issuance of the third

Milestone Completion Certificate, whichever is later; and

D) 4th instalment of 25% of the relevant Construction Cost upon the

completion of the Construction Period or issuance of the

Construction Completion Certificate, whichever is later.

b) Mobilization Advance: 10 % of the Bid Project Cost shall be payable by the

Employer to the Contractor as the Mobilization Advance, within 30 days

from the Effective Date, subject to the Contractor having submitted a

Mobilization Advance Guarantee in accordance with Clause 33.17. The

Mobilization Advance shall be an interest free advance for mobilization

and towards execution of the construction works for the Project. The

Mobilization Advance amount shall be deducted and adjusted from the

amount payable to the Contractor from the first Payment Milestone.

c) For the Facility, within 7 days of issuance of the Milestone Completion

Certificate for a Milestone, the Contractor shall submit an invoice to the

Employer for the amount of payment linked to such Milestone. Any

invoice raised by the Contractor for the payments shall be accompanied

by a copy of the relevant Milestone Completion Certificate issued by the

Employer.

d) Within 10 days of receipt of an invoice, the Employer shall verify and

certify the amounts due and payable to the Contractor, and either:

- approve the invoice and issue the relevant payment, less any

necessary deductions or adjustments in accordance with this

Contract and/or Applicable Laws.

- issue a notice to the Contractor disputing the invoice and directing the

Contractor to issue a revised invoice, after rectifying the errors or

discrepancies identified by the Employer.

- the Contractor shall submit a revised invoice to the Employer after

rectifying the errors or discrepancies identified by the Employer and

this process will be repeated until the Employer approves the invoice.

e) Any dispute between the Parties in relation to a disputed Invoice will be

settled in accordance with dispute resolution mechanism in this Contract.

f) A certificate issued by the Employer in accordance with this Clause 34.3

shall be referred to as a payment certificate.


g) Notwithstanding anything to the contrary in this Contract, the Employer

shall have no obligation to issue a payment certificate unless:

h) the Performance Security remain valid and in effect.

i) the Applicable Permits required to be obtained by the Contractor for

construction of the Facility is in full force and effect, unless the withdrawal

or cancellation of any Applicable Permit is not attributable.

j) the Contractor has complied with the EHS Plan, Construction Plan,

Drawings and Specifications in undertaking the construction of the

Facility; and

k) there is no subsisting Contractor Event of Default.

34.4. O&M Payments

During the O&M Period, the Employer shall be required to make the O&M

Payments to the Contractor comprising of the O&M Charges and the Power

Charges (collectively the O&M Payments), in accordance with this Clause

34.4. It is clarified that payment of O&M Payments by the Contractor shall be

subject to deductions made by the Employer for any liquidated damages and

other costs which the Contractor may be liable to pay.

a) O&M Charges:

The O&M Charges shall be payable by the Contractor during the O&M

Period in accordance with the amounts stated for each of the five years

by the Contractor, in its price bid. The annual O&M Charges shall be

payable by the Contractor on a monthly basis in accordance with the

terms of this Clause 34.4.

Provided however that the annual O&M Charges for any particular year

post the first year of the O&M Period shall be subject to escalation in

accordance with the Price Index.

For the purpose of this Clause 34.4 (a), the Price Index shall mean:

i) 70% (seventy per cent) of WPI; and

ii) 30% (thirty per cent) of CPI (IW) or annual increase in minimum

wages as per any notification under Applicable Laws, whichever is

higher.


b) Power Charges

The actual payment of the Power Charges shall be borne by the Contractor,

which shall be subsequently reimbursed by Employer, subject to a cap on the

Power Charges based on the Guaranteed Energy Consumption.

The Power Charges for any given quarter of the O&M Period will be

calculated as follows:

i) For the units of energy consumed from the grid (as evidenced by a copy

of the bill issued by the distribution licensee), the Power Charges will be

calculated by multiplying the number of units consumed in such quarter

(subject to the cap provided under Guaranteed Energy Consumption for

the Facility) with the Power Unit Rate.

ii) The Contractor shall be liable to pay liquidated damages to the Employer

for any units of energy consumed beyond the Guaranteed Energy

Consumption (“Power Consumption Liquidated Damages”), which will

be calculated as follows:

(I) For excess power consumption up to 5% of the Guaranteed Energy

Consumption of the Facility:

Power Consumption Liquidated Damages = (Number of power units

consumed in the relevant quarter – Guaranteed Energy Consumption

for such quarter) * [Power Unit Rate] * 0.25

(II) For excess power consumption between 5% to 10% of the

Guaranteed Energy Consumption of the Facility:



for such quarter) * [Power Unit Rate] * 0.5

(III) For excess power consumption above 10% of the Guaranteed Energy

Consumption of the Facility:



for such quarter) * [Power Unit Rate].

iii) The Power Consumption Liquidated Damages payable by the Contractor

in any quarter of the O&M Period will be deducted from the O&M

Payment for the Facility payable to the Contractor for such quarter. If the

Power Consumption Liquidated Damages for a quarter exceed the O&M

Charges for the Facility for such quarter, then the excess amounts shall,

at the discretion of the Employer, either be adjusted against the O&M


Charges for the Facility for the subsequent quarter or recovered from the

relevant O&M Security.

c) The O&M Payments shall be paid by the Employer to the Contractor on a

monthly basis. The Contractor shall submit an invoice to the Employer for

each quarter on or before the 7th day of the first month of the following

quarter, which should set out: (i) the O&M Charges due to the Contractor

in such quarter; and (ii) the Power Charges incurred by the Contractor

during such quarter for power drawn from the grid subject to the cap of

the Power Charges based on the Guaranteed Energy Consumption for the

Facility. Any Invoice raised by the Contractor for O&M Payments shall be

accompanied with a copy of the: (A) KPI Adherence Report for each

month of the relevant quarter, duly certified by the Independent

Consultant/designated personnel of the Employer, as the case may be;

and (B) copy of the bill(s) issued by the state distribution utility for the

Power Charges.

d) Within 10 days of receipt of an invoice from the Contractor mentioned

above, the Employer shall verify and certify the amounts due and payable

to the Contractor, and either approve the invoice and issue the payment

to the Contractor, less any necessary deductions or adjustments in

accordance with this Contract and/or Applicable Laws (including any

statutory dues) OR issue a notice to the Contractor disputing the Invoice

and directing the Contractor to issue a revised Invoice, after rectifying the

errors or discrepancies identified by the Employer. The Contractor shall

submit a revised invoice to the Employer after rectifying the errors or

discrepancies identified by the Employer and this process will be repeated

until the Employer approves.

e) Any dispute between the Parties in relation to a disputed Invoice will be

settled in accordance with dispute resolution mechanism in this Contract.

f) A certificate issued by the Employer in accordance in accordance with this

Clause 34.4 shall be referred to as a payment certificate.

g) Notwithstanding anything to the contrary in this Contract, the Employer

shall have no obligation to issue a payment certificate unless:

- the O&M Security remain valid and in effect

- the Applicable Permits required to be obtained by the Contractor for

O&M of the Facility is in full force and effect, unless the withdrawal or


cancellation of any Applicable Permit is not attributable to the

Contractor's failure to comply with Applicable Laws;

- the Contractor has complied with the EHS Plan in undertaking the

O&M of the Facility; and

- there is no subsisting Contractor Event of Default

E. Finishing the Contract

35. Final Survey and Handover

35.1. Procedure of Survey

a) No later than 30 days from the end of 4th year of the O&M Period or 30

days from the date of termination of the Agreement, as the case may be,

the Employer shall carry out a survey of the Site and the Facility to assess

whether they have been maintained by the Contractor in accordance with

its obligations under this Contract and are in working condition in line

with the design life stipulated in the Specifications.

b) The Employer shall notify the Contractor at least 7 days prior to the date

on which it wishes to carry out the survey of the Site and the Facility.

c) If the survey carried out by the Employer shows that the Contractor has

not or is not complying with its obligations under this Contract, then the

Employer shall notify the Contractor of the rectification and/or

maintenance work which is required to ensure that the condition of the

Site and the Facility is restored to the Hand-back Conditions.

d) The Contractor shall carry out such rectification and/or maintenance

work to achieve the Hand-back Conditions within 30 days from the

receipt of a notice from the Employer in accordance with Clause 35.1 (c)

above, at its own cost and risk. Upon completion of the rectification

and/or maintenance work, the Contractor shall request the Employer to

carry out a final survey and inspection of the Site and the Facility. The

Employer shall carry out the final survey within 7 days of receipt of a

notice from the Contractor pursuant to this Clause 35.1 (d).

e) If the Employer is satisfied with the results of the final survey, then the

Employer shall notify the Contractor within 7 days of carrying out the final

survey that the Site and the Facility comply with the Hand-back

Conditions. If the Employer is not satisfied with the results of the final

survey, then the Employer shall estimate the cost of restoring the Site and


the Facility to the Hand-back Conditions and recover such cost from the

Contractor.

35.2. Handover Requirements

Upon the expiry or early termination of this Contract, the Contractor shall

hand over the Site and the Facility to the Employer.

Further, upon the expiry or early termination of the Contract the following

hand over requirements are to be fulfilled by the Contractor:

a) hand over to the Employer, the Site and the Facility

b) to the extent that such rights and interests are not already vested in the

Employer, transfer all its rights and interest in the assets comprised in the

Facility and execute such deeds and documents as may be necessary for

this purpose and complete all related legal or other formalities;

c) hand over all documents relating to the Site and the Facility including as-

built records, Drawings, online monitoring and metering data, operating

logs, manuals, reports, plans and records;

d) transfer to the Employer (free of cost) the license to use the Proposed

Technology and other know-how relating to the Facility;

e) transfer or cause to be transferred to the Employer any subcontract that

the Employer has chosen to take over and terminate all other

subcontracts;

f) transfer to the Employer all Applicable Permits which the Employer may

require and which can be legally transferred; and

g) remove from the Site all employees and workmen, and assets, equipment

and materials that are not required to be taken over by the Employer.

It may be noted that this Clause 35.3 shall survive the termination of the

Contract.

F. Other Conditions of Contract

36. Currencies

All payments will be made in Indian Rupees.

37. Labour

37.1. The Contractor shall, unless otherwise provided in the Contract, make his own

arrangements for the engagement of all staff and labour, local or other, and

for their payment, housing, feeding and transport.

37.2. The Contractor shall, if required by the Project Engineer/ Technical

Institution/ Engineer-in-Charge, deliver to him a return in detail, in such form

and at such intervals as the Project Engineer may prescribe, showing the staff


and the numbers of the several classes of labour from time to time employed

by the Contractor on the Site and such other information as the Engineer may

require.

38. Compliance with Labour Regulations 38.1. During continuance of the Contract, the Contractor and its Subcontractors

shall abide at all times by all existing labour enactments and rules made there

under, regulations, notifications and bye laws of the State or Central

Government or local authority and any other labour law (including rules),

regulations, bye laws that may be passed or notification that may be issued

under any labour law in future either by the State or the Central Government

or the local authority. Salient features of some of the major labour laws that

are applicable to construction industry are given in the Annexure 7. The

Contractor shall keep the Employer indemnified in case any action is taken

against the Employer by the competent authority on account of

contravention of any of the provisions of any Act or rules made there under,

regulations or notifications including amendments. If the Employer is caused

to pay or reimburse, such amounts as may be necessary to cause or observe,

or for non-observance of the provisions stipulated in the notifications/

byelaws/ Acts/ Rules/ regulations including amendments, if any, on the part

of the Contractor, all Employer shall have the right to deduct any money due

to the Contractor including his amount of Performance Security. All Employer

shall also have right to recover from the Contractor any sum required or

estimated to be required for making good the loss or damage suffered by the

Employer. The employees of the Contractor and the Sub-Contractor in no

case shall be treated as the employees of the Employer at any point of time.

38.2. Construction Safety

The Contractor should be well conversant with technical as well as

administrative and legal aspects of safety and judicial pronouncement. The

Contractor shall all times take all reasonable precautions and safety measures

to maintain safety of personnel and property. The Contractor shall, at his own

expenses and throughout the period of the Contract ensure appropriate and

suitable arrangements for health, safety and hygiene requirements for the

surroundings. All Applicable Laws in respect of health, safety, hygiene shall be

complied with by the Contractor in letter and spirit throughout the Term.


39. Audit and Technical examination

Employer shall have the right to cause an audit and technical examination of

the works and the final bill of the contract including all supporting vouchers,

abstract etc. If as a result of such audit and technical examination any sum is

found to have been overpaid in respect of any work done by the Contractor

under the contract or any work claimed by him to have been done under the

Contract and found not to, have been executed, the Contractor shall be liable

to refund the amount of overpayment and it shall be lawful for government

to recover the same from him and if it is found that the contractor was paid

less than what was due to him, under the Contract in respect of any work

executed by him under it, the amount of such under payment shall be duly

paid by government to the Contractor.

40. Death or permanent invalidity of Contractor

If the Contractor is an individual or a proprietary concern, partnership

concern, dies during the currency of the Contract or becomes permanently

incapacitated, where the surviving partners are only minors, the Contract shall

be closed without levying any damages/ compensation as provided in this

Contract. However, the Employer is satisfied about the competence of the

survivors, then the Employer shall enter into a fresh agreement for the

remaining work strictly on the same terms and conditions under which the

Contract was awarded.

41. Miscellaneous

41.1. Survival

a) Any cause or action which may have occurred in favour of any Party or any

right which is vested in any Party under this Contract as a result of any act,

omission, deed, matter or thing done or omitted to be done by any Party

before the expiry of the Term by efflux of time or otherwise in accordance

with this Contract, shall survive the expiry of the Contract.

b) The provisions of this Contract, to the fullest extent necessary to give

effect thereto, survive the Term or the termination of this Contract and

the obligations of Parties to be performed or discharged following the

termination of this Contract, shall accordingly be performed or discharged

by the Parties.


41.2. Entire Agreement

The Parties hereto acknowledge, confirm and undertake that this Contract

(including the GCC and SCC) constitutes the entire understanding between the

Parties regarding the development of the Project and supersedes all previous

written or oral representations and/or arrangements regarding the Project.

41.3. Non-exhaustive Remedies

a) Save and except as provided in this Contract, the remedies available to the

Contractor under this Contract are not exhaustive and the Contractor and

third parties shall be entitled to all other rights and remedies and to take

all actions in law and in equity in addition to the remedies provided for

herein.

b) Save and except as provided in this Contract, the exercise of any rights by

any Party under this Contract shall not preclude such Party from availing

of any other rights or remedies that may be available to it under this

Contract or any other agreement in relation to the Project. All remedies

available to the Parties shall be cumulative and the exercise or failure

thereof of one or more remedies by any Party shall not limit or preclude

the exercise of or constitute a waiver of any other remedies by such Party.

41.4. Counterparts

This Contract (including the GCC and the SCC) may be executed in two

counterparts, each of which, when executed and delivered, will be an original,

and both counterparts together shall constitute one and the same instrument.

41.5. Language

The formal text of this Contract and other agreements in relation to the

Project shall be in the English language. All notices and communications

between the Parties under this Contract shall be in English and all arbitration

proceedings undertaken pursuant to this Contract shall be conducted in

English.

41.6. Confidentiality

a) No recipient Party shall, without the prior written consent of the disclosing

Party, at any time divulge or disclose or suffer or permit its representatives

to divulge or disclose to any person or use for any purpose unconnected


with the Project any Confidential Information during the Term and for a

period of 5 years after the expiry or termination of this Agreement, except

to its representatives officers, directors, advisors, employers and agents

who have a legitimate need to know the Confidential Information in order

to perform their duties relating to the Agreement.

b) This Clause 41.6 shall not apply to Confidential Information which:

(i) at the time of disclosure or thereafter has become part of public

knowledge or literature without a breach of this Agreement;

(ii) is already in the possession of the Party receiving such Confidential

Information before it was received from any other Party and which

was not obtained under any obligation of confidentiality from the

Party which disclosed such information;

(iii) was obtained from a third party (other than one disclosing it on behalf

of a Party) who was free to divulge the same and who was not under

any obligation of confidentiality in relation to such Confidential

Information to the Party, which disclosed the information;

(iv) is required to be disclosed pursuant to any legal and mandatory

requirement of any court, legislative or administrative body or any

Government Authority, or the rules of any applicable stock exchange;

(v) is disclosed by the Contractor to any Subcontractor of the Contractor;

(vi) is disclosed to any professional advisors or consultants of any persons

to whom a Party is entitled to disclose Confidential Information under

this Clause 41.6;

(vii) is disclosed to any person in connection with the dispute resolution

provisions under this Contract;

(viii) is independently developed by the receiving Party without

reliance on the Confidential Information disclosed by the disclosing

Party; or

(ix) is disclosed to any Government Authority or any other body in any

relevant jurisdiction in connection with the obtaining or renewal of

any Applicable Permit required for the Project.

Provided that the Party making a disclosure of Confidential Information

pursuant to (v) and (vi) (above shall ensure that any person to whom it

makes such disclosure undertakes to hold such Confidential Information

subject to the same confidentiality obligations as those set out in Clause

41.6 (a) above.

c) In the event that a Party is required or requested to make a disclosure of

Confidential Information referred to in Clause 41.6 (b)(v) above, such


Party shall prior to such disclosure (to the extent permissible by Applicable

Law) use its best efforts to promptly notify the other Party so that

appropriate protection order and/or other action can be taken if possible.

In the absence of such a protection order restricting disclosure, the Party

required to make such disclosure may disclose only that portion of the

Confidential Information which it is legally required to disclose and shall

use reasonable efforts to obtain assurances that confidential treatment

will be accorded to the Confidential Information.

41.7. Amendments

a) Any provision of this Contract may be amended, supplemented or

modified only by an agreement in writing signed by all the Parties.

b) A Party may at any time request the other to enter into discussions to

review the operation of any part of this Contract and, but without

commitment by the other Parties, to determine whether it should be

amended by mutual agreement provided that, unless there is such mutual

agreement, the provisions of this Contract (as then most recently, if at all,

amended) shall continue to apply whatever the outcome of any such

discussions or review and whether or not any such discussions or review

take place.

41.8. Waiver and Consent

a) Any provision or breach of any provision of this Contract may be waived

before or after it occurs only if evidenced by an agreement in writing

signed by the Parties.

b) Any consent under or pursuant to any provision of this Contract must also

be in writing and given prior to the event, action or omission for which it

is sought.

c) Any such waiver or consent may be given subject to any conditions

thought fit by the Party giving it and shall be effective only in the instance

and for the purpose for which it is given.

41.9. Severability

a) If any provision of this Contract is or becomes illegal, invalid or

unenforceable in any respect under any Applicable Law, the legality,

validity or enforceability of the remaining provisions will not, in any way,

be affected or impaired.


b) The Parties shall negotiate in good faith with a view to agreeing one or

more provisions which may be substituted for any such invalid, illegal or

unenforceable provision and which produce as nearly as is practicable in

all the circumstances the appropriate balance of the commercial interests

of the Parties.

41.10. No Agency or Partnership

Nothing contained or implied in this Contract shall constitute or be deemed to

constitute a partnership or agency between the Parties and none of the

Parties shall have any authority to bind, commit or make any representations

on behalf of the other Parties.

41.11. Costs and Expenses

Each Party shall be responsible for paying its own costs and expenses incurred

in connection with the negotiation, preparation and execution of this

Contract. The Contractor shall bear the applicable stamp duty and registration

fee (if applicable) in respect of this Contract.

41.12. Third Parties

This Contract and all rights hereunder are intended for the sole benefit of the

Parties and shall not imply or create any rights on the part of, or obligations

to, any other person.

Chief Engineer

Mumbai Port Trust

*****


Annexure –1

PERFORMANCE SECURITY/ O&M SECURITY FORMAT

To

_______________________________ [Name of Employer]

_______________________________

_______________________________ [Address of Employer]

WHEREAS_______________________ [name and Address of Contractor] (Hereinafter called “the Contractor”) has undertaken, in pursuance of Letter of Acceptance No._______________ Dated _________to execute_________ [Name of Contract and brief description of Works] (herein after called “the Contract”).

AND WHEREAS it has been stipulated by you in the said Contract that the

contractor shall furnish you with a Bank Guarantee by a recognized bank for the sum specified therein as security for compliance with his obligation in accordance with the contract;

AND WHREREAS we have agreed to give the Contractor such a Bank

Guarantee:

NOW THEREFORE we hereby affirm that we are the Guarantor and responsible

to you on behalf of the Contractor, up to a total of Rs.___________ [amount of Guarantee]* (Indian Rupees __________ only) (in words), such sum being payable in the types and proportions of currencies in which the contract price is payable, and we undertake to pay you, upon your first written demand and without cavil or argument, any sum or sums within the limits of Rs. _____________ [amount of Guarantee] (Indian Rupees __________ only) (in words), as aforesaid without your needing to prove or to show grounds or reasons for your demand for the sum specified therein.

We hereby waive the necessity of your demanding the said debt from the

contractor before presenting us with the demand.

We further agree that no change or addition to or other modification of the

terms of the Contract of the Works to be performed there under or of any of the Contract documents which may be made between you and the Contractor shall in any way release us from any liability under this Guarantee, and we hereby waive notice of any such change, addition or modification.


This Guarantee shall be valid until 3(three) months from the date of expiry of the Defect Liability Period.

Signature, Name and Seal of the Guarantor________________________________________________

Name of Bank_____________________________________________

Address _________________________________________________

Phone No., Fax No., E-mail Address, of Signing Authority ________________________________________________________

Date____________

* An amount shall be inserted by the Guarantor, representing the percentage the

Contract Price specified in the Contract including additional security for

unbalanced Bids, if any and denominated in Indian Rupees.


Annexure – 2

Sr.

No. Preliminary Drawings

1. Sewerage Plan

Note: Please note that the preliminary drawings provided in this Annexure 2 is only

for the purpose of reference to the Contractor. The Contractor is obligated to

investigate the Site and provide the Drawings in the manner set out in the

Contract.


Annexure – 3

INTENTIONALY DELETED


Annexure – 4

BANK GUARANTEE FORM' FOR MOBILIZATION ADVANCE

To

______________ [name of Employer]

______________ [address of Employer]

______________ [name of Contractor]

ln accordance with the provisions of the General Conditions of Contract, ("Mobilization Advance") of the above mentioned Contract ________________ [name and address of Contractor] (hereinafter called "the Contractor") shall deposit with ________________ [name of Employer] a bank guarantee to guarantee his proper and faithful performance under the said Clause of the Contract in an amount of [amount of Guarantee* [in words].

We, the ______________________ [bank of financial institution] as instructed 'by the Contractor, agree unconditionally and irrevocably to guarantee as primary obligator and not as surety merely, the payment to _____________ [name of Employer] on his first demand without whatsoever right of obligation on our part and without his first claim to the Contractor, in the amount not exceeding [amount of guarantee]* [in words].

We further agree that no change or addition to or other modification of the terms of the Contractor or Works to be performed there under or of any of the Contract documents which may be made between [name of Employer] and the Contractor, shall in any way release us from any liability under this guarantee, and we hereby waive notice of any such change, addition or modification.

This guarantee shall remain valid and in full effect from the date of the advance payment under the Contract until ______________ [name of Employer] receives full repayment of the same amount from the Contractor.

Yours truly,

Signature and Seal:

Name of Bank/Financial Institution:

Address:

Date:

* An amount shall be inserted by the Bank or Financial Institution representing

the amount of the Advance Payment, and denominated in Indian Rupees.


Annexure – 5

Milestone Completion Certificate

Name of Work: ________________________________________________________

_____________________________________________________________________

_____________________________________________________________________

Agreement No. ______________________ Date________________________

Amount of Contract Rs. __________________________

Name of Agency: ______________________________

Used MB No.: __________________________________

Last measurement recorded

a. Page No. & MB No.: ____________________________

b. Date: ________________________________________

Certified that the above mentioned work was physically completed on................. (Date) and taken over on.................... (Date) and that I have satisfied myself to best of my ability that the work has been done properly.

Date of issue

Engineer In Charge

________________


Annexure-6

Final Construction Completion Certificate

Name of Work: ________________________________________________________

_____________________________________________________________________

_____________________________________________________________________

Agreement No. ____________________________ Date________________________

Name of Agency: ______________________________________________________

Used MB No. _______________________________

Last Measurement recorded

a. Page No. & MB No.: ____________________________

b. Date: ________________________________________

Certified that the above mentioned work was physically completed on__________ (date) And taken over on__________(date).

Agreement amount Rs.____________

Final amount paid to contractor Rs._____________

Incumbency of officers for the work

I have satisfied myself to best of my ability that the work has been done properly.

Date of Issue: ______________

Engineer In Charge

________________


Annexure – 7

Salient Features of Some Major Labour Laws Applicable

(a) Workmen Compensation Act 1923: - The Act provides for compensation in case

of injury by accident arising out of and during the course of employment.

(b) Payment of Gratuity Act 1972: - Gratuity is payable to an employee under the

Act on satisfaction of certain conditions on separation if an employee has

completed the prescribed minimum years (say, five years) of service or more or

on death the rate of prescribed minimum days’(say, 15 days) wages for every

completed year of service. The Act is applicable to all establishments employing

the prescribed minimum number (say, 10) or more employees.

(c) Employees P.F. and Miscellaneous Provision Act 1952: The Act Provides for

monthly contributions by the Employer plus workers at the rate prescribed (say,

10% or 8.33%). The benefits payable under the Act are:

i. Pension or family pension on retirement or death as the case may be. '

ii. Deposit linked insurance on the death in harness of the worker.

iii. Payment of P.F. accumulation on retirement/death etc.

(d) Maternity Benefit Act 1951: - The Act provides for leave and some other benefits

to women employees in case of confinement or miscarriage etc.

(e) Contract Labour (Regulation & Abolition) Act 1970: - The Act provides for certain

welfare measures to be provided by the Contractor to contract labour and in

case the Contractor fails to provide, the same are required to be provided, by

the Principal Employer by Law. The principal Employer is required to take

Certificate of Registration and the Contractor is, required to take license from

the designated Officer. The Act is applicable to the establishments or Contractor

of Principal Employer if they employ prescribed minimum (say 20) or more

contract labour.

(f) Minimum Wages Act 1948: - The Employer is to pay not less than the Minimum

Wages fixed by appropriate Government as per provisions of the Act if the

employment is a scheduled employment. Construction of buildings, roads,

runways is scheduled employment.


(g) Payment of Wages Act 1936: - It lays down as to by what date the wages are to

be paid, when it will be paid and what deductions can be made from the wages

of the workers.

(h) Equal Remuneration Act 1979: - The Act provides for payment of equal wages

for work of equal nature to male and female workers and for not making

discrimination against female employees in the matters of transfers, training

and promotions etc.

(i) Payment of Bonus Act 1965: - The Act is applicable to all establishments

employing prescribed minimum (say, 20) or more workmen. The Act provides

for payments of annual bonus 'within the prescribed range of percentage of

wages to employees drawing up to the prescribed amount of wages, calculated

in the prescribed manner. The Act does not apply to certain establishments. The

newly set-up establishments are exempted for five years in certain

circumstances. States may have different number of employment size.

(j) Industrial Disputes Act 1947: - The Act lays down the machinery and procedure

for resolution of industrial disputes, in what situations a strike or lock-out

becomes illegal and what are the requirements for laying off or retrenching the

employees or closing down the establishment.

(k) Industrial Employment (Standing Orders) Act 1946: - It is applicable to all

establishments employing prescribed minimum (say, 100, or 50). The Act

provides for laying down rules governing the conditions of employment by the

Employer on matters provided in the Act and gets these certified by the

designated Authority.

(l) Trade Unions Act 1926: - The Act lays down the procedure for registration of

trade unions of workmen and Employers. The Trade Unions registered under

the Act have been given certain immunities from civil and criminal liabilities.

(m) Child Labour (Prohibition & Regulation) Act 1986: - The Act prohibits

employment of children below 14 years of age in certain occupations and

processes and provides for regulations o employment of children in all other

occupations and processes. Employment of child labour is prohibited in building

and construction industry.

(n) Inter-State Migrant Workmen's (Regulation of Employment & Conditions of

Service) Act 1979: - The Act is applicable to an establishment which employs

prescribed minimum (say, five) or more inter-state migrant workmen through


an intermediary (who has recruited workmen in one state for employment in

the establishment situated in another state). The inter-State migrant workmen,

in an establishment to which this Act becomes applicable, are required to be

provided certain facilities such as Housing, Medical-Aid, Travelling expenses

from home up to the establishment and back etc.

(o) The Building and Other Construction workers (Regulation of Employment and

Conditions of Service) Act 1996 and the Cess Act of 1996: - All the

establishments who carry on any building or other construction work and

employs the prescribed minimum (say, 10) or more workers are covered under

this Act. All such establishments are required to pay cess at the rate not

exceeding 2% of the cost of construction as. may be modified by the

Government., The Employer of the establishment- is required to provide safety

measures at the building or construction work and other welfare measures,

such as canteens, first-aid facilities, ambulance, housing accommodations for

workers near the-work place etc. The Employer to whom the Act applies has to

obtain a registration certificate from the Registering Officer appointed by the

Government.

(p) Factories Act 1948: - The Act lays down the procedure for approval of plans

before setting up a factory, health and safety provisions, welfare provisions,

working hours, annual earned leave and rendering information regarding

accidents or dangerous occurrences to designated authorities. it is applicable to

premises employing the prescribed minimum (say, 10) persons or more with aid

of power or another prescribed minimum (say, 20) or more persons without the

aid of power engaged in manufacturing process.

*****


Annexure – 8

CONSTRUCTION SAFETY

1) IS: 3696(Part-1, 2) Safety code for scaffolds and ladder

2) IS: 3764 Safety code for excavation work

3) IS: 7205 Safety code for erecting of structural steel work

4) SP: 70-2001 Handbook on Construction Safety Practices

1. On all excavation work, safety precautions for the protection of life and property are essential: While measures to avoid inconveniences to the public are desirable. Such measures and precautions include the erection and maintenance signs (to forewarn public), barricades, bridges, and detours: placing and maintenance of lights both for illumination and also as danger signals, provision of watchmen to exclude unauthorised persons particularly children, from trespassing on the work: and such other precautions as local conditions may dictate.

2. Suitable scaffolds should be provided for workmen for all works that cannot safely be done from the ground, or from solid construction except such short period work as can be done safely from ladders. When a ladder is used, an extra mazdoor shall be engaged for holding the ladder and if the ladder is used for carrying materials as well suitable footholds and hand-hold shall be provided on the ladder and the ladder shall be given an inclination not steeper than ¼ to 1(¼ horizontal and 1 vertical.)

3. Scaffolding of staging more than 3.6 m (12ft.) above the ground or floor, swung or suspended from an overhead support or erected with stationary support shall have a guard rail properly attached or bolted, braced and otherwise secured at least 90 cm. (3ft.) high above the floor or platform of such scaffolding or staging and extending along the entire length of the outside and ends thereof with only such opening as may be necessary for the delivery of materials. Such scaffolding or staging shall be so fastened as to prevent it from swaying from the building or structure.

4. Working platforms, gangways and stairways should be so constructed that they should not sag unduly or unequally, and if the height of the platform or the gangway or the stairway is more than 3.6 m (12ft.) above ground level or floor level, they should be closely boarded, should have adequate width and should be suitably fastened as described in (2) above.

5. Every opening in the floor of a building or in a working platform shall be provided with suitable means to prevent the fall of person or materials by providing suitable fencing or railing whose minimum height shall be 90 cm. (3ft.)


6. Safe means of access shall be provided to all working platforms and other working places. Every ladder shall be securely fixed. No portable single ladder shall be over 9m. (30ft.) in length while the width between side rails in rung ladder shall in no case be less than 29 cm. (11½") for ladder upto and including 3 m. (10 ft.) in length. For longer ladders, this width should be increased at least ¼” for each additional 30 cm. (1 foot) of length. Uniform step spacing of not more than 30 cm shall be kept. Adequate precautions shall be taken to prevent danger from electrical equipment. No materials on any of the sites or work shall be so stacked or placed as to cause danger or inconvenience to any person or the public. The contractor shall provide all necessary fencing and lights to protect the public from accident and shall be bound to bear the expenses of defence of every suit, action or other proceedings at law that may be brought by any person for injury sustained owing to neglect of the above precautions and to pay any damages and cost which may be awarded in any such suit; action or proceedings to any such person or which may, with the consent of the contractor, be paid to compensate any claim by any such person.

(a) Excavation and Trenching - All trenches 1.2 m. (4ft.) or more in depth, shall at all times be supplied with at least one ladder for each 30 m. (100 ft.) in length or fraction thereof, Ladder shall extend from bottom of the trench to at least 90 cm. (3ft.) above the surface of the ground. The side of the trenches which are 1.5 m. (5ft.) or more in depth shall be stepped back to give suitable slope or securely held by timber bracing, so as to avoid the danger of sides collapsing. The excavated materials shall not be placed within 1.5 m. (5ft.) of the edges of the trench or half of the depth of the trench whichever is more. Cutting shall be done from top to bottom. Under no circumstances, undermining or undercutting shall be done.

(b) Safety Measures for digging bore holes: (i) If the bore well is successful, it should be safely capped to avoid caving

and collapse of the bore well. The failed and the abandoned ones should be completely refilled to avoid caving and collapse;

(ii) During drilling, Signboards should be erected near the site with the address of the drilling contractor and the Engineer in-charge of the work.

(iii) Suitable fencing should be erected around the well during the drilling and after the installation of the rig on the point of drilling, flags shall be put 50m all around the point of drilling to avoid entry of people;

(iv) After drilling the bore well, a cement platform (0.50m x 0.50m x 1.20m) 0.60m above ground level and 0.60m below ground level should be constructed around the well casing;

(v) After the completion of the bore well, the contractor should cap the bore well properly by welding steel plate, cover the bore well with the drilled wet soil and fix thorny shrubs over the soil. This should be done even while repairing the pump;

(vi) After the bore well is drilled the entire site should be brought to the ground level.

7. Demolition - before any demolition work is commenced and also during the progress of the work,


(i) All roads and open areas adjacent to the work site shall either be closed or suitably protected.

(ii) No electric cable or apparatus which is liable to be a source of danger or a cable or apparatus used by the operator shall remain electrically charged.

(iii) All practical steps shall be taken to prevent danger to persons employed from risk of fire or explosion or flooding. No floor, roof or other part of the building shall be so overloaded with debris or materials as to render it unsafe.

8. All necessary personal safety equipment as considered adequate by the Engineer-in-Charge should be kept available for the use of the person employed on the site and maintained in a condition suitable for immediate use, and the contractor should take adequate steps to ensure proper use of equipment by those concerned. The following safety equipment shall invariably be provided:

(i) Workers employed on mixing asphaltic materials, cement and lime mortars shall be provided with protective footwear and protective goggles.

(ii) Those engaged in white washing and mixing or stacking of cement bags or any material which is injurious to the eyes, shall be provided with protective goggles.

(iii) Those engaged in welding works shall be provided with welder’s protective eye shields.

(iv) Stone breaker shall be provided with protective goggles and protective clothing and seated at sufficiently safe intervals.

(v) When workers are employed in sewers and manholes, which are in active use, the contractors shall ensure that the manhole covers are opened and ventilated at least for an hour before the workers are allowed to get into the manholes, and the manholes so opened shall be cordoned off with suitable railing and provided with warning signals or boards to prevent accident to the public. In addition, the contractor shall ensure that the following safety measure are adhered to:

(a) Entry for workers into the line shall not be allowed except under supervision of the JE or any other higher officer.

(b) At least 5 to 6 manholes upstream and downstream should be kept open for at least 2 to 3 hours before any man is allowed to enter into the manhole for working inside.

(c) Before entry, presence of Toxic gases should be tested by inserting wet lead acetate paper which changes colour in the presence of such gases and gives indication of their presence.

(d) Presence of Oxygen should be verified by lowering a detector lamp into the manhole. In case, no Oxygen is found inside the sewer line, workers should be sent only with Oxygen kit.

(e) Safety belt with rope should be provided to the workers. While working inside the manholes, such rope should be handled by two men standing outside to enable him to be pulled out during emergency.

(f) The area should be barricaded or cordoned off by suitable means to avoid mishaps of any kind. Proper warning signs should be displayed for


the safety of the public whenever cleaning works are undertaken during night or day.

(g) No smoking or open flames shall be allowed near the blocked manhole being cleaned.

(h) The malba obtained on account of cleaning of blocked manholes and sewer lines should be immediately removed to avoid accidents on account of slippery nature of the malba.

(i) Workers should not be allowed to work inside the manhole continuously. He should be given rest intermittently. The Engineer-in-Charge may decide the time up to which a worker may be allowed to work continuously inside the manhole.

(j) Gas masks with Oxygen Cylinder should be kept at site for use in emergency.

(k) Air-blowers should be used for flow of fresh air through the manholes. Whenever called for, portable air blowers are recommended for ventilating the manholes. The Motors for these shall be vapour proof and of totally enclosed type. Non sparking gas engines also could be used but they should be placed at least 2 metres away from the opening and on the leeward side protected from wind so that they will not be a source of friction on any inflammable gas that might be present.

(l) The workers engaged for cleaning the manholes/sewers should be properly trained before allowing to work in the manhole.

(m) The workers shall be provided with Gumboots or non-sparking shoes, bump helmets and gloves, non-sparking tools, safety lights and gas masks and portable air blowers (when necessary). They must be supplied with barrier cream for anointing the limbs before working inside the sewer lines.

(n) Workmen descending a manhole shall try each ladder stop or rung carefully before putting his full weight on it to guard against insecure fastening due to corrosion of the rung fixed to manhole well.

(o) If a man has received a physical injury, he should be brought out of the sewer immediately and adequate medical aid should be provided to him.

(p) The extent to which these precautions are to be taken depend on individual situation but the decision of the Engineer-in-Charge regarding the steps to be taken in this regard in an individual case will be final.

(vi) The Contractor shall not employ men and women below the age of 18 years on the work of painting with products containing lead in any form. Wherever men above the age of 18 are employed on the work of lead painting, the following precaution should be taken:

(a) No paint containing lead or lead products shall be used except in the form of paste or readymade paint.


(b) Suitable face masks should be supplied for use by the workers when paint is applied in the form of spray or a surface having lead paint is dry rubbed and scrapped.

(c) Overall shall be supplied by the contractors to the workmen and adequate facilities shall be provided to enable the working painters to wash during and on the cessation of work.

9. An additional clause (viii)(i) of Safety Code (iv) the Contractor shall not employ women and men below the age of 18 on the work of painting with product containing lead in any form, wherever men above the age of 18 are employed on the work of lead painting, the following principles must be observed for such use:

i) White lead, sulphate of lead or product containing these pigment, shall not be used in painting operation except in the form of pastes or paint ready for use.

ii) Measures shall be taken, wherever required in order to prevent danger arising from the application of a paint in the form of spray.

iii) Measures shall be taken, wherever practicable, to prevent danger arising out of from dust caused by dry rubbing down and scraping.

iv) Adequate facilities shall be provided to enable working painters to wash during and on cessation of work.

v) Overall shall be worn by working painters during the whole of working period.

vi) Suitable arrangement shall be made to prevent clothing put off during working hours being spoiled by painting materials.

vii) Cases of lead poisoning and suspected lead poisoning shall be notified and shall be subsequently verified by medical man appointed by competent authority.

viii) The employer may require, when necessary medical examination of workers. (ix) Instructions with regard to special hygienic precautions to be taken in the painting trade shall be distributed to working painters. When the work is done near any place where there is risk of drowning, all necessary equipment should be provided and kept ready for use and all necessary steps taken for prompt rescue of any person in danger and adequate provision, should be made for prompt first aid treatment of all injuries likely to be obtained during the course of the work.

10. Use of hoisting machines and tackle including their attachments, anchorage and supports shall conform to the following standards or conditions:

i) (a) These shall be of good mechanical construction, sound materials and adequate strength and free from patent defects and shall be kept repaired and in good working order.

(b) Every rope used in hoisting or lowering materials or as a means of suspension shall be of durable quality and adequate strength, and free from patent defects.


ii) Every crane driver or hoisting appliance operator, shall be properly qualified and no person under the age of 21 years should be in charge of any hoisting machine including any scaffolding winch or give signals to operator.

iii) In case of every hoisting machine and of every chain ring hook, shackle swivel and pulley block used in hoisting or as means of suspension, the safe working load shall be ascertained by adequate means. Every hoisting machine and all gear referred to above shall be plainly marked with the safe working load. In case of a hoisting machine having a variable safe working load each safe working load and the condition under which it is applicable shall be clearly indicated. No part of any machine or any gear referred to above in this paragraph shall be loaded beyond the safe working load except for the purpose of testing.

iv) In case of departmental machines, the safe working load shall be notified by the Electrical Engineer in-Charge. As regards contractor’s machines the contractors shall notify the safe working load of the machine to the Engineer-in-Charge whenever he brings any machinery to site of work and get it verified by the Electrical Engineer concerned.

11. Motors, gearing, transmission, electric wiring and other dangerous parts of hoisting appliances should be provided with efficient safeguards. Hoisting appliances should be provided with such means as will reduce to the minimum the risk of accidental descent of the load. Adequate precautions should be taken to reduce to the minimum the risk of any part of a suspended load becoming accidentally displaced. When workers are employed on electrical installations which are already energized, insulating mats, wearing apparel, such as gloves, sleeves and boots as may be necessary should be provided. The worker should not wear any rings, watches and carry keys or other materials which are good conductors of electricity.

12. All scaffolds, ladders and other safety devices mentioned or described herein shall be maintained in safe condition and no scaffold, ladder or equipment shall be altered or removed while it is in use. Adequate washing facilities should be provided at or near places of work.

13. To ensure effective enforcement of the rules and regulations relating to safety precautions the arrangements made by the contractor shall be open to inspection by the Engineer-in-Charge or their representatives

14. Notwithstanding the above clauses from (1) to (14), there is nothing in these to exempt the contractor from the operations of any other Act or Rule in force in the Republic of India.

*****


Part-II Special Conditions of Contract [SCC]

1. General

The special conditions are supplementary conditions to the Tender and shall

form the part of the Contract.

1.1 It shall be the responsibility of the Contractor to co-ordinate with the

Employer, railways, relevant telephone authority, various authorities

including Public Health Engineering, Water resource department for obtaining

necessary permissions regarding shift of various types of public utilities like

existing pipe line, sewer line, cable etc. as may be required for the due

fulfilment of the obligations under this Contract. If as a result of excavation of

trenches the underground services such as water, main electric telephones

cable, sewer lines become naked and unsupported it shall be the responsibility

of the Contractor to make suitable and necessary arrangement as per

direction of the Engineer-in-Charge and the Project Engineer for their

protection and no extra payment on this account will be made to the

Contractor. Any damages caused to the above mentioned underground

services due to negligence of the Contractor or otherwise the same shall be

made good by the Contractor at his own cost.

1.2 The Contractor shall have the obligation to operate and maintain the

necessary infrastructure for ensuring the reuse of Treated Water in

accordance with the Treated Water Standards. Furthermore, the Employer

shall have the right to utilize such Treated Water both inside and outside the

Site for non-potable purposes.

2.0 Accuracy of Lines, Levels and Grades

2.1 The various works shall be done true to line, level and grade. The periodical

checking of these by the Project Engineer/Technical Institution/Engineer-in-

Charge, as the case may be, shall not absolve the Contractor of his

responsibility regarding their accuracy. In case of any deviation or discrepancy

in line, level or grade at the meeting faces, the Contractor shall make good the

discrepancy at his own cost and without any compensation for the additional

work if any involved. Whenever such a discrepancy is found to arise at the

junction of works being carried out by different sub-contractors the

responsibility to correct their respective discrepancies shall be fixed by the

Project Engineer/Technical Institution/Engineer-in-Charge whose decision

shall be final and binding on the sub-contractors concerned. The Project


Engineer/Technical Institution/Engineer-in-Charge, as the case may be, on

behalf of the Employer shall further have the right to rectify the discrepancies

and recover the cost from the Contractor according to proportions as he may

consider reasonable.

2.2 The details of location and the nearest permanent bench marks shall be

provided by the Engineer-in-Charge in consultation with the Project

Engineer/Technical Institution. Reference Grid Marks shall be obtained by the

Contractor in writing from the Engineer-in-Charge in consultation with the

Project Engineer/Technical Institution. Temporary bench mark for day to day

use shall be fixed with reference to above permanent bench marks with

double levelling.

3.0 Arrangements of Water and Electric Power

All arrangements for water and electric power required by the Contractor for

the Project shall be made by him at his own cost.

4.0 Measures for Prevention of Fire

4.1 The Contractor shall not set fire to any standing jungle, trees, brush wood or

grass without a written permission from the Engineer-in-Charge.

4.2 When such permission is given and also in all cases when destroying out of

dug trees, brush wood, grass etc. by fire, the Contractor shall take necessary

measures to prevent such fire spreading to or otherwise damaging

surrounding property.

4.3 Any damage caused by the spreading of such fire, whether in or beyond limits

of the Employer's property, the amount of the damage shall be recovered by

the Engineer-in-Charge on behalf of the Employer from the Contractor's bills

as damages or deducted by any other duly authorized officer from any sums

that may be due or become due from the Employer to the Contractor under

the GCC or otherwise.

4.4 The Contractor shall bear the expenses of defending any action or law

proceedings that may be brought by any person by injury sustained owing to

neglect of precautions to prevent the spread of fire and shall pay any damage

and cost that may be awarded in consequence.

5.0 Site Order Book

A site order book shall be kept at the Employer's office at the Site. As far as

possible all orders regarding the works are to be entered in this book. All

entries therein shall be signed by the Engineer-in-Charge or the Project

Engineer or the Technical Institution and the Contractor’s authorized


representative. In important cases the Engineer-in-Charge will countersign the

entries which have been made. The site order book shall not be removed from

the Site except with written permission of the Engineer-in-Charge and the

Contractor’s authorized representative shall be bound to take note of all

instructions and directions meant for the Contractor as entered in the site

order book. The Project Engineer or the Technical Institution shall submit

periodically, copies of the remarks in the site order book to the Engineer-in-

Charge for record purposes.

6.0 Foundations Depth/Levels

The Drawings indicate the general foundation levels to be adopted for the

different conditions of the structures. During execution these levels may be

modified to suit the Site conditions. The Contractor shall not be liable to any

compensation for any minor delays on this account. However, this may be

considered for granting suitable extension in the completion period if

necessitated by such events.

7.0 Approach Road

Necessary approach roads for various construction of components of the

work like Sump Well, STP, etc. shall be satisfactorily constructed and

maintained by the Contractor at his own cost.

8.0 Regulation and Bye-Laws

The Contractor shall conform to the regulations, bye laws or any other

statutory rules made by any local authorities or by the Government of India

and/or the state government and shall protect and indemnify the Employer

against any claims or liability arising from or based on the violations of any

such laws, ordinance, regulations, orders and decrees in accordance with the

provisions of the GCC.

9.0 Contractor to use Excavated Hard Rock

All useful materials like hard rock etc. excavated by the Contractor at the Site

shall be the property of Employer and shall be issued to the Contractor at the

prescribed rates specified in the schedule of rates provided by the Employer.

It shall be binding on the Contractor to use the excavated hard rock as rubble,

metal aggregate etc. after breaking into the required size for concrete work as

directed by the Engineer-in-Charge or Project Engineer or the Technical

Institution, as the case may be.


10.0 Income Tax

During the Term of the Contract, deductions of Income Tax shall be made at

the prevailing rate of Department of Income Tax Government of India and as

revised from time to time as per the advice of Income Tax authorities.

11.0 Supply and Arrangement of Materials

(1) The Contractor shall make his own arrangement for supply of materials

including cement and steel. The Contractor shall be responsible for all

transportation and storage of the materials at site and shall bear all the

related costs. The Project Engineer/Technical Institution and the Engineer-

in-Charge shall be entitled at any time to inspect or examine all such

materials. The Contractor shall provide reasonable assistance for such

inspection or examination as may be required.

(2) The Contractor shall keep an accurate record of use of materials like

cement and steel used in the works in a manner prescribed by the Project

Engineer or Engineer-in-Charge or Technical Institution.

12.0 Cement

(a) The Contractor shall stock his requirement so as to ensure utilization of

cement within 60 days but in no case later than 90 days cement older than

the period aforesaid shall not be used on any work except with the written

permission of the Project Engineer or Engineer-in-Charge, and after

satisfactorily passing such test as he may specify. The Contractor shall

forthwith remove from the work such cement that Project Engineer or

Engineer-in-Charge has not allowed. The final disposal of such cement

shall comply with the Applicable Laws and as per the instructions of the

Project Engineer/Engineer-in-Charge.

(b) Large stocks of cement shall not be kept at the Site but only sufficient

quantities shall be kept to assure continuity of the work. The Contractor

shall provide and maintain efficient water proof storage sheds for cement

on the Site. It shall be stacked on the platform 30 cms. above the floor

level and shall be covered with tarpaulin or any other impervious covering

materials in order to protect the cement bags from moisture. The cement

shall be neatly stacked in an orderly manner so as to allow an easy access

and count. The arrangement of storage and utilization shall be such as to

ensure the utilization of cement in the order of its arrival at the stores and

the Contractor shall maintain satisfactory records which would at any time

show the date of receipt and proposed utilization of cement laying in the

stores at the Site.


(c) The Project Engineer/Engineer-in-Charge/personnel of the Technical

Institution shall at all times have access to the stores at the Site. The

Project Engineer/Engineer-in-Charge/personnel from the Technical

Institution, as the case may be, shall have the right to check and examine

the method of storage, record accounting and security provided by the

Contractor. The Contractor shall comply with instructions that may be

issued by the Project Engineer/Technical Institution/Engineer-in-Charge in

this connection. The Contractor shall further at all times satisfy the Project

Engineer/Technical Institution/Engineer-in-Charge on demand and by the

production of records and books or submission of returns or by other

proofs that may be demanded, that the cement has been brought from an

approved manufacturer with date of receipt & consumption etc. The

Contractor shall at all times keep his records up to date to enable the

Project Engineer/Technical Institution/Engineer-in-Charge to apply such

checks as he may desire to impose.

The Contractor shall provide a double locking arrangement to the store

the key of one of the locks being with the Engineer-in-Charge.

13.0 Drawings

(1) Bidder shall carry out detailed survey and investigations (including, but

not limited to soil testing) as may be required for the preparation of

Drawings.

(2) The submission of the Drawings by the Contractor and approval of such

Drawings by the Project Engineer/Technical Institution shall be in

accordance with Clause 16.4 of the GCC.

(3) The approved Drawings shall remain in the custody of the Project

Engineer/Technical Institution and the Engineer-in-Charge. The

Contractor shall obtain and make at his own expense any further copies

required by him. During the time of expiry of the Contract or early

termination, as the case may be, the Contractor shall return to the Project

Engineer/Technical Institution all copies of the Drawings that was in its

possession.

(4) One copy of the Drawings to be kept on Site.

One copy of the Drawings shall be kept by the Contractor on the Site and

the same shall at all reasonable times be available for inspection and use

by the Project Engineer/Technical Institution and the Engineer-in-Charge

and by any other person authorized by the Project Engineer/ Technical

Institution in writing.

(5) NOT USED


(6) As- Built Drawings

The Contractor shall submit to the Engineer-in-Charge within 21 days of

the Final Construction Completion Date, the as-built drawings as detailed

below. The as-built drawings shall be accurate and correct in all respects

and shall be shown to and approved by the Project Engineer/ Technical

Institution.

The as-built drawings shall be provided in two prints and one polyester

copy shall be supplied by the Contractor along with a soft copy in CD.

These drawings shall be developed in latest version of Auto-CAD.

Drawings shall be of standard as stated below.

i) Site plan showing all features existing and as constructed under this

Contract with all external dimensions of clear spaces among those,

diameter and materials of pipeline etc. complete.

ii) Architectural, civil and structural details of all components of the

Facility including plans at different levels, elevations from all sides as

well as sectional etc. complete with all dimensions including structural

thickness, concrete grade, reinforcement details, finishing details,

schedules of doors and windows, details of associated fittings and

features complete.

iii) All piping, plumbing and electrical details with dimensions, diameters

etc. complete at specific cases isometric views of piping may be

necessary.

iv) Dimensioned details of all electrical, mechanical and instrumentation

equipment including accessories along with arrangement inside the

buildings or enclosures, connected piping and cabling layout etc. all

complete.

v) Dimensioned details of all control and measuring device lined weirs,

V-notches, probes, valves, gates, consoles, panels, switch

diagrams/Circuit diagrams shall be used wherever applicable.

vi) L- sections for pipelines laid externally, showing pipe profile, ground

profile, soil condition, bedding, location of specials, valves and other

accessories complete.

vii) Dimensioned details of all site development works such as roads,

drainage, cables pipelines, landscaping etc. complete with layout,

cross – sections, levels etc. complete. All Drawings shall be prepared

in appropriate scale and with adequate notes, legends, titles etc. for

clarity.


(7) Disruption of Progress

The Contractor shall give written notice to the Engineer-in-Charge in

consultation with the Project Engineer/Technical Institution whenever

planning or progress of the works is likely to be delayed or disrupted

unless any further drawing or order, including a direction, instruction or

approval is issued by the Project Engineer/ Technical Institution and

Engineer-in-Charge within a reasonable time. The notice shall include

details of the drawing or order required and of why and by when it is

required and of any delay or disruption likely to be suffered if it is late.

(8) Delay and Cost of delay of Drawings

If, by reason of any failure or inability of the Project Engineer/Technical

Institution and Engineer-in-Charge to issue within reasonable time any

Drawing or order required by the Contractor in accordance with sub-clause (3)

of this Clause and the Contractor suffers delay then the remedy for such delay

shall be in accordance with the terms set out in Clause 21 of the GCC.

14.0 Operation and Maintenance

The Contractor shall operate and maintain the Project for 10 years after the

COD, for which Contractor shall be paid separately as per the terms set forth

in the General Conditions of Contract, above. The details of the operation and

maintenance charges payable shall be in accordance with the terms provided

in the GCC.

15.0 Sufficiency of Tender

The Contractor shall be deemed to have satisfied himself before Tendering as

to the correctness and sufficiency of his Tender for the works and of the rates

and prices of various quantities and the Schedule of Rates and Prices, if any,

which Tender rates and prices shall, except in so for as it is otherwise provided

in the Contract, cover all his obligations under the Contract and all matters

and things necessary for the proper execution and maintenance of the works.

If, however, during the execution of the works the Contractor shall encounter

physical conditions, other than climatic conditions on the Site, or artificial

obstructions, which conditions or obstruction could, in his opinion, not have

been reasonable foreseen by an experienced contractor, the Contractor shall

forthwith give written notice thereof to the Engineer-in-Charge and the

Project Engineer/ Technical Institution and if in the opinion of the Project

Engineer/ Technical Institution and Engineer-in-Charge, such conditions or

artificial obstructions could not have been reasonably foreseen by an

experienced contractor, than the Project Engineer/ Technical Institution shall


certify and the Employer shall pay the additional cost to which the Contractor

shall have been put by reason of such conditions, including the proper and

reasonable cost. The Project Engineer/ Technical Institution and the Engineer-

in-Charge’s decision shall be final and binding. It is further provided that this

additional cost shall be in addition to the extension of time procedure

specified in Clause 14 of the GCC.

16.0 Planned Reconstruction of Roads Damaged by Project Elements Laying of

Pipeline

16.1 In case the pipelines are to be laid under the existing roads / lanes/bye-lanes,

the dismantling of existing roads/lanes/bye-lanes shall be made in such a way

that after laying of pipes or other such structures that are required to be

constructed/ placed under the road, the road/ lanes/ bye-lanes shall be

restored to the original position. This shall mean that if prior to proposed

construction, the road was black topped with specific composition of the

pavement than after construction, the road shall be constructed by the

Contractor with the same composition and specifications. This will also apply

for concrete road or any other surface of roads.

16.2 The laying of pipes or other structures under the road is likely to involve public

inconvenience such as interruption to traffic or interference in normal right of

way. The Contractor shall ensure that because of the execution of work

minimum possible public inconvenience is caused. For ensuring this, pipeline

laying and road reconstruction work shall be carried out and completed in

lengths specified by Engineer-in-Charge (not more than 250 mtr. in one

defined stretch of road). The further excavation, dismantling of road and

laying of pipes in the same stretch of road shall not be started unless the

earlier work of laying has been completed with full reconstruction of roads.

The scheduling of work shall be approved by the Project Engineer/ Technical

Institution, as the case may be.


Annexure- 9

KPIs for Operation and Maintenance:

1. The Bidder shall be responsible for the operation and maintenance of the

project for a period of 5 years from COD. During operation and maintenance

all the expenses for repairs, replacements and consumables except electricity

(to be borne by authority upto the limit mentioned in BID) shall be on the part

of Bidder. It shall be the responsibility of Bidder that the system runs at

desired capacity and efficiency during the O&M Period. Employer shall extend

all the necessary support to the Bidder for fulfilling the Obligations for

operating and maintaining the facility successfully. During O&M the scope of

Contractor shall be to operate and maintain the Sewage Treatment plant. A

brief detail is given in Service level agreement.

2. Details of minimum Staff to be deployed by Bidder for Operation and

maintenance of the project,

Sr. No.

Designation Minimum

Qualification No. Shift Experience

1 Process Engineer B.Tech (Civil/ Environmental/ Chemical)

1 GENERAL Min 3-6 years’ experience in the relevant field

2 Plant Operator SSC/ HSC/ ITI 2 One in each

shift

Min 0-2 years’ experience in the relevant field

3 Helper IX / SSC 2 One in

general shift

Min 0-1 years’ experience in the relevant field

3. The payment against the O&M shall be made in 4 equal installments after

completion of each quarter. If bidder does not employ the no. of staffs shown,

proportionate deduction shall be made accordingly.

4. Treated Water Standards

Sr. No.

Parameter Value

1 pH 6.5-9

2 Total suspended solids (TSS),mg/l <20

3 Chemical Oxygen Demand (COD),mg/l < 75

4 Biological oxygen demand (BOD) mg/l < 10

5 Fecal Coliform (MPN/100ml) <100


Service Level Agreement

1. The variations allowed in treated effluent quality during Operation &

Maintenance (O&M) period of 5 years and during Defect Liability Period, and

penalty for not maintaining the standards are as below:

2. The treated water standards and other key deliverable standards shall be

demonstrated by the Contractor at,

3. The nominal design flow

a) 25% of nominal design flow* b) 10% above the nominal design flow* c) The pollutant concentration of all incoming pollutants as freight (i.e.

kg/day in terms of flow received) in a range of 75% to 110% of the pollutant freight calculated at the design pollutant concentration and nominal design flow.

*On some occasions during the year like festivals, excessive rain, extreme

weather conditions etc.

Parameter Maximum Allowed Concentration (MAC)

BOD 10 mg/l

TSS 10 mg/l

Faecal Coliforms(FC) 230 MPN/100 ml

Total Nitrogen as N 10 mg/l

Ammonia Nitrogen as N 2 mg/l

Total Phosphorus as P 2 mg/l

*An event is defined as online reporting duration, not exceeding 3 minutes

i.e. a maximum of total 30 minutes a day i.e. 98% system reliability.

4. Non-compliance to demonstrate the plant performance during the

completion tests with respect to treated water quality and sludge quality for

a continuous period of 72 hours, is not acceptable and the Contractor shall

rectify the facility to demonstrate the performance. Not being able to

demonstrate the plant performance shall render the plant as “Non-

Acceptable” leading to a Liquidity Damages of 10% of contract Price and shall

forfeit the O&M Security.

5. Contractor to maintain guarantee parameters for treated water standards

during O & M Period and during Defect Liability Period. These quality

parameters are subject to presumptions that actual Pollutants like BOD, TSS,

Nitrogen) load will not exceed design pollutant load for every parameter.

However, on some occasions during the year (i.e festivals, excessive rain,

extreme weather conditions), individual pollutant concentration (mg/l) can


exceed up to 10% of design parameters, and total sewage flow can exceed up

to 10% design flow.

6. The treated effluent parameters shall be demonstrated with 24 hours

composite samples with 95% compliance on monthly basis.

7. The Maximum Allowed Concentration (MAC) on individual grab samples shall

not be more than 2 times of the above specified 95 percentile value.

8. If any parameter of any grab sample exceeds the MAC values, the sample shall

be considered as “Non-Compliant”.

9. Guarantee for Faecal Coliform shall be based on 30 days geometric mean

value. However, if pollutants load (kg/day) exceeds the design pollutant load

per day basis, or total flow exceeds the design capacity (24 hr basis), no

penalty shall be applicable.

10. During trial run and commissioning, no penalties will be applied and

Contractor will rectify the plant to ensure successful commissioning.

11. However, during DLP of 24 months from COD Mumbai Port Trust will impose

following penalties/liquidated damages for not maintaining the guaranteed

parameters, as described below:

Condition A:

Liquidated Damages for non-compliance of treated effluent standards

Event Triggering the recovery of

Liquidity Damages

Liquidated

Damages Frequency

Non-conformance with MAC for

BOD Standard Rs. 2000/-

For every event of

non- conformance*


TSS Standard Rs. 2000/-

For every event of

non-conformance*

Non-conformance with MAC

For Total Nitrogen Rs. 2000/-

For every event of

non-conformance*


Ammonia Nitrogen Rs. 2000/-

For every event of

non-conformance*


Faecal Coliform Standard Rs. 2000/-

For every event of

non-conformance**

*An event is defined as online reporting duration, not exceeding 3 minutes i.e.

a maximum of total 30 minutes a day i.e. 98% system reliability.

**An event is defined as daily composite sample, not exceeding one non-

conforming sample in 30 days i.e. 97% system reliability.

The cumulative of above liquidated damages shall not exceed the monthly

O&M cost (Maximum liquidated Damages).


Condition-B: Breakdown of Equipment:

In case of breakdown of equipment for more than the stipulated time period

as below, on discretion of Engineer-in-Charge, the Contractor shall be

penalized as mentioned below:

Equipment/ Systems

Breakdown

Time

Period

Penalty

Imposed

Critical Equipment/ Instrumentation (Critical

equipment shall mean those equipment’s/

systems which are essential to ensure the

plants performance and it shall include all flow

and treated water quality measuring

instruments and systems including submersible

mixers , blowers, sludge and MLSS recirculation

pumps, disinfection (chlorination system),

filters electrical systems such as critical

electrical system such transformers, electrical

panels etc.)

beyond

72 hours

i.e. 72

hours

3% of

Monthly

O&M Cost

per day of

default

beyond

permitted

breakdown

time period

(B) Semi-Critical Equipment

Semi Critical equipment shall Mean those

equipment/ systems which are per day of

default beyond normally necessary to ensure

the plants permitted breakdown time

performance and they shall include all Period.

screens, grit removal systems, primary

clarifiers, bio reactors (aeration system),

secondary clarifiers, sludge thickening and

digestion systems etc.

More

than 7

days

2% of

Monthly

O&M Cost

( C) Non Critical Equipment

Non Critical equipment shall mean those

equipment/ systems which have been provided

at the plant but Period. not critical towards

operation of the plant/ for delivering the plants

performance, such as area lighting, air

conditioners, instruments etc.

More

than 10

days

1% of

Monthly

O&M Cost

per day of

default

beyond

permitted

breakdown

time.


The cumulative of above liquidated damages shall not exceed the monthly

O&M cost (Maximum Liquidated Damages).

NOTE: In case the non-conformance, on a continuous basis, due to Condition

A and Condition B becomes equal to or more than 50% of the monthly

O&M value for a period more than 3 months in a year i.e. 90 days in a

year, then the Employer reserves the right to terminate the Contract

after encashing all the Security Deposits, Retention Money and

Performance Guarantees.

Condition- C: Grid Power Failure:

In any case, if the Grid Power failure is more than 8 hrs in a single occasion in

a day or cumulative Grid Power failure is more than 8 hrs in a day

No treatment standards will be compulsory. However, contractors are

encouraged to maintain standards as far as possible. No penalties will be

imposed on contractor for the above contingencies. Above relaxation shall be

applicable only for a period of 24 hours after resuming regular Grid Power.

Condition-D: Cost of Electrical Energy:

Contractor shall give complete details of Total Power Consumption in the STP/

WWTP.

During Operation and Maintenance, damages payable by Contractor to

Employer on excess consumption of Net Electrical Energy shall be equal to the

actual cost of the excess energy used for Operation and Maintenance of the

Works for STP/WWTP under the Contract, based on the Guaranteed

Consumption Provided by the Contractor and the current rates charged to the

Employer for Electricity Consumed. Such payable amount will be assessed for

each month during the O&M. Period in which the Actual Power Consumption

exceeds the Guaranteed Power Consumption calculated on a “Kilowatt-Hour

Consumed per litre of Sewage” basis.

During Operation and Maintenance (O&M), damages payable by Contractor

to Employer on reduction in Power Generation from STP/WWTP shall be equal

to the value of the Power Generation Deficiency, based on the Guaranteed

Power Generation provided by the Contractor for STP/WWTP and the current

rates charged to the Employer for electricity consumed. Such payable by

Contractor will be assessed for each month during the O&M Period in which

the actual power generation is less than the guaranteed power generation

calculated on a “Kilowatt-Hour generated per litre of sewage treated” basis.

After the Completion Test, the guarantees would come into effect for power

generation, consumption and generation.


Condition-E: Residual Handling & Disposal

The Plant Residuals shall conform to the following specifications:

Screenings

The screenings shall comprise of all particles of an effective size in excess of 5

mm and be “free of dripping water “i.e. the screenings on collection does not

contain any dripping water when disposed from the plant

Grit

The grit removed shall contain less than 3% organic matter on dry basis of an

average particle size between of more than 100 microns but less than 1000

microns and be free of dripping water

Excess Bio Solids (Sludge)

The excess Bio Solids (Sludge) produced shall contain approximately 20-22%

of Solid Content Concentration with VSS/TSS ratio of not less than 48%, for

“spade able” or “open body truck able” consistency for easy transportation

and disposal.

The Waste Water Treatment Residuals i.e. Screenings / Grit and Dewatered

Bio Solids shall be handled and transported by the Bidder in a nuisance free

manner following environmental guidelines prescribed by SPCB\CPCB. If the

performance of the Bidder is not found satisfactory in respect of processing,

handling and transportation of the sludge, the Employer shall have the liberty

to recover from Bidder two (2) times the cost incurred for handling and

transportation of the residuals. The residuals shall be disposed by the bidders

as per the guidelines provided by the Employer

Screenings & Grit: Disposal to the Sanitary Land fill (the tipping charges shall

be borne by the Contractor)

Dewatered Sludge: Ultimate Disposal of dewatered sludge shall be the

responsibility of the Contractor. Sludge shall be disposed within the battery

limit of plant area.

*****


Annexure 10

Specifications for Sewage Related Jobs

Chapter 1

1.0 General:

The specifications for this project & various components thereof shall be as

follows:

The specifications for various material to be used for the project shall

confirm to BIS/IS/ISO standards with up-to-date amendments as given

below:

Sr.

No.

BIS/BS/ISO CODE No.

(YEAR) Title

1 IS 5 (2007) Colour for Ready Mixed Paints and Enamels

2 IS 210 (2009) Grey Iron Castings

3 IS 269 (1989) Specification for Ordinary Portland Cement (33

Grade)

4 IS 383 (1970) Specification for Coarse and Fine Aggregates

From Natural Sources For Concrete

5 IS 432-1 (1982)

Mild Steel and Medium Tensile steel bars and

hard steel wire for concrete Reinforcement part-

01 Mild Steel And Medium Tensile Steel Bars

6 IS 432-2 (1982)

Mild Steel and Medium Tanium Tensile Steel

Bars and Hard Drawn Steel Wire for Concrete

Reinforcement part-02 Hard Drawn Steel Wire

7 IS 438 (2006) Aluminium power for explosive and pyrotechnic

compositions

8 IS 455 (1989) Portland Slag Cement

9 IS 456 (2000) Plain and Reinforced Concrete

10 IS 457 (1957)

Code Of Practice For General Construction Of

Plain And Reinforced Concrete For Dams and

Other Massive Structure

11 IS 458 (2003) Precast Concrete Pipes (With And Without Rein

For Cement

12 IS 516 (1959) Method Of Tests For Strength OF Concrete


Sr.

No.

BIS/BS/ISO CODE No.

(YEAR) Title

13 IS 779 (1994) Water Meters

14 IS 783 (1985) Code of Practice for Laying of Concrete Pipes

15 IS 875-1 (1987) Code of Practice for Design loads for Buildings

and Structures

16 IS 875-2 (1987) Code of Practice for Design loads for Buildings

and Structures Imposed Loads

17 IS 875-3 (1987) Code of Practice for Design Loads for building

and Structures Wind Loads

18 IS 875-4 (1987) Code of Practice for Design Loads

19 IS 875-5 (1987) Code of Practice for Design Loads

20 IS 1199 (1959) Methods of sampling and analysis of concrete

21 IS 1239 Part 1

(2004)

Steel Tubes, Tubulars And other Wrought Steel

Fitting

22 IS 1239 Part 2

(2011) Steel Tubes, Tubulars And other Steel Fittings

23 IS 1343 (1980) Code of practice for Pre-stressed Concrete

24 IS 1489-1 (1991) specification for Portland -Pozzolana Cement

25 IS 1489-2 (1991) specification for Portland Pozzolana Cement,

Part 2 (Calcined Clay Based)

26 IS 1538 (1993) Cast iron fittings for pressure pipes for water,

Gas and sewage

27 IS 1786 (2008) High strength deformed steel bars and wires for

concrete

28 IS 1834 (1984) Hot applied sealing compounds for joints in

Concrete specification

29 IS 1834 (1984) Hot applied sealing compounds for joints in

Concrete specification

30 IS 1865 (1991) Iron Castings with Spheroidal or nodular

Graphite

31 IS 1893-1 (2002) Criteria for Earthquake Resistant Design of

Structures


Sr.

No.

BIS/BS/ISO CODE No.

(YEAR) Title

32 IS 1893-4 (2005) Criteria for Earthquake Resistant Design of

Structures

33 IS 2386-1 (1963) Methods of test for aggregates for concrete



36 IS 2386-4 (1963) Methods of test for aggregates for concrete Part

4 (Mechanical properties)

37 IS 2530 (1963) Method Of Tests For Polyethylene moulding

materials and polyethylene compounds

38 IS 2720-1 (1983) Method Of Tests For Soils, Part 1( Preparation of

Dry soil samples for various test )

39 IS 2720-7 (1980)

Method Of Tests For Soils, Part 7 (Determination

of Water Content- Dry density relation using

light compaction )

40 IS 2720-8 (1983)

Method Of Tests For Soils, Part 8 (Determination

of Water Content- Dry density relation using

heavy compaction )

41 IS 2720-15 (1965) Method Of Tests For Soils, Part XV

(Determination of Consolidation Properties)

42 IS 3370-1 (2009)

Code Of Practice Concrete Structure For The

Storage of Liquids, Part 1 (General

Requirements)

43 IS 3370-2 (2009)


Storage of Liquids, Part 2 (Reinforced Concrete

Structures )

44 IS 3370-3 (1967)


Storage of Liquids, Part 3 (Pre stressed Concrete

Structures )

45 IS 3370-4 (1967) Code Of Practice Concrete Structure For The

Storage of Liquids, Part 4 (design tables )

46 IS 3389 (2001) Steel pipe for water and sewerage

47 IS 3597 (1998) Concrete pipe (methods of test)


Sr.

No.

BIS/BS/ISO CODE No.

(YEAR) Title

48 IS 3812-1 (2003)

Specification for polarized fuel Ash, part 1 for

use as pozzolana in cement (Cement Mortar and

Concrete )

49 IS 3812-2 (2033)

specification for pulverized Fuel Ash Part 2 For

use as Admixture in Cement Mortar and

Concrete)

50 IS 3913 (2005) Suspended sediment load samplers

51 IS 3917 (2003) Scoop Type Bed Material Samplers

52 ISO 4064 -1 (2014)

Fourth Edition

Water meters for cold potable water and hot

water Part -1: Metrological and technical

requirements

53 ISO 4064 -2 (2014)

Fourth Edition


water Edition Part -2:Test methods

54 ISO 4064 -3 (2014)

Fourth Edition


water Edition Part -3:Test Report format

55 ISO 4064 -1 (2005 )

Third Edition

Measurement of water flow in fully charged

closed conduits – Meters for cod potable water

and hot water Edition Part :1 Specifications

56 ISO 4064 -2 (2014)

Third Edition



and hot water Part 2 : Installation requirements

57 ISO 4064 -3 (2014)

Third Edition



and hot water Part 3: Test methods and

equipment

58 ISO 4422-4

Pipes and fittings made of un plasticized

polyvinyl chloride (PVC-U) for Water Supply Part

-4 Valves and ancillary equipment

59 BS ISO 4427- Part 1

(2007)

General – Plastic Piping Systems for

Polyethylene (PE) Pipes and Fittings for Water

Supply

60 ISO 4427- Part 2

(2007)

Pipes - Plastic Piping Systems for Polyethylene

(PE) Pipes and Fittings for Water Supply


Sr.

No.

BIS/BS/ISO CODE No.

(YEAR) Title

61 ISO 4427- Part 3

(2007)

Fittings - Plastic Piping Systems for Polyethylene

(PE) Pipes and Fittings for Water Supply

62 ISO 4427- Part 5

(2007)

Fitness for the purpose of the system - Plastic

Piping Systems for Polyethylene (PE) Pipes and

Fittings for Water Supply

63 IS 4890 (1968) Methods for Measurement of Suspended

Sediment in open channels

64 IS 4905 (1968) Methods for random sampling

65 IS 4926 (2003) Code of Practise Ready Mixed Concrete

66 IS 4984 (1995) High Density Polyethylene Pipe For Water

Supply

67 IS 5120 (1977) Technical Requirements for roto dynamic Special

Purpose

68 IS 5330 (1984) Criteria for design of Anchor Block for penstock

with joints (First Revision)

69 IS 5382 (1985) Rubber Sealing Rings for Gas Mains, Water

Mains and Sewers

70 IS 5477-1 (1999) Fixing the capacities of Reservoirs methods ,part

1

71 IS 5477-2 (1994) Fixing the capacities of Reservoirs methods ,part

2

72 IS 5477-3 (2002) Methods for fixing the capacities of Reservoirs

methods ,part 3

73 IS 5477-4 (1971) Methods for fixing the capacities of Reservoirs

methods ,part 4

74 IS 5600 (2002) Sewage and Drainage

75 IS 6295 (1986)

code of Practice for water supply and drainage

in high altitudes and /or sub –zero temperature

regions

76 IS 6518 (1992) Code of practice for control of Sediment in

reservoirs

77 IS 7328 (1992) High Density Polyethylene Materials for

Moulding and Extrusion


Sr.

No.

BIS/BS/ISO CODE No.

(YEAR) Title

78 IS 7357 (1974) Code of Practice for Structural design of surge

tanks

79 IS 7634-1 (1975) Code of Practise for plastic pipes work for

potable water supplies

80 IS 7634-2 (2012) Plastics Pipe Selection Handling Storage and

Installation for Potable Water supplied

81 IS 7634-3 (2003) Plastics Pipe Selection Handling Storage and

Installation for Potable Water supplies

82 IS 8008-1 (2003) Code of practice for control of sediment in

reservoirs

83 IS 8062-1 (1976) Code of Practice for Cathodic protection of steel

Structure :General principles


Structure : Underground pipelines


Structure


Structure

87 IS 8112 (1989) Specification for 43 grade ordinary Portland

cement

88 IS 8329 (2000) Centrifugally cast ductile iron Pressure Pipes for

water, Gas and Sewage

89 IS 9137 (1978) Code for Acceptance test for centrifugal, maxed

flow and axial pumps class c

90 IS 9523 (2000) Ductile Iron Fittings for Pressure Pipes for water,

Gas and Sewage

91 IS 9668 (1990) Code of practice for Provision and Maintenance

of water supplies and fire fighting

92 IS 9845 (1998)

Determination of overall Migration of

Constituents of Plastics Materials and articles

intended to come in contract with foodstuffs


Sr.

No.

BIS/BS/ISO CODE No.

(YEAR) Title

93 IS 10141 (2001)

Positive List of constituents of polyethylene in

Contact with Foodstuffs, Pharmaceuticals and

Drinking Water

94 IS 10146 (1982) Polyethylene for its safe use in Contact with

Foodstuffs Pharmaceuticals and Drinking Water

95 IS 10221 (2008) Casting and wrapping of underground mild steel

pipelines

96 IS 11433-1 (1985) Specification for one part gun- grade

polysulphide based joints sealants

97 IS 11433-2 (1986) Speciation for one part gun- grade polysulphide

based joints sealants

98 IS 11682 (1985) Criteria for Design for Overhead Water Tanks

99 IS 11906 (1986)

Recommendations for cement mortar lining for

cast iron mild steel and ductile iron pipes and

fittings for Transportation of water

100 EN 12201-2 (2011)

Plastics piping systems for Water Supply and for

Drainage and Sewerage under pressure-

Polyethylene (PE)-Part 2 : Pipes

101 BS EN 12201 -

3:2003

Plastics piping systems for Water Supply

Polyethylene (PE) Part 3: Fittings

102 IS 12330 (1988) Specification for sulphate resisting Portland

103 IS 12235-1 TO 19

(2004) Thermoplastics Pipes and Fittings

104 IS 12269 (1987) 53 Grade Ordinary Portland cement

105 IS 12288 (1987) Code of Practise for use and Laying of Ductile

iron Pipes

106 IS 12592 (2002) Precast Concrete Manhole Cover And Frame

107 IS 13920:1993 Ductile detailing of reinforcement concrete

structures subjected to seismic forces

108 IS 14333 (1996) High Density Polyethylene Pipe For Sewerage

109 IS 14846 (2000) Sluice Valve For Works Purposes

110 IS 15388 (2003) Specifications for Silica Fume


Sr.

No.

BIS/BS/ISO CODE No.

(YEAR) Title

111 IS 16098-1 (2013) Structured -Wall Plastics Pipe Systems For

pressure drainage and sewerage

112 IS 16098-2 (2013) Structured -Wall Plastics Pipe Systems For Non-

Drainage And sewerage

113 IS 16098 PART 2

(2013)

Structured -Wall Plastics Pipe Systems For Non-

Drainage And sewerage

NOTE: Any other BIS/IS/ISO standards as may be required will also be

applicable. Quality assurance program of the manufacturer shall

have to be enclosed with the detailed design and drawings.

The other part of the specifications for various components of the project shall be as

per provisions of clauses and sub clauses of chapters of Manual on Sewerage and

Sewage Treatment (Second Edition), CPHEEO Ministry of Urban Development Govt.

of India.


Design of Sewer Chapter 3

Sewer Appurtenances Chapter 4

Construction of Sewers Chapter 7

Maintenance of Sewerage System Chapter 8

Sewage and storm water pumping stations Chapter 9

Basic Design Considerations Chapter 10

Pre-treatment Screening and Grit Removal Chapter 11

Sedimentation Chapter 12

Aerobic Suspended Growth system Chapter 13

Aerobic attached growth system Chapter 14

Sludge Thickening, Dewatering, Digestion and

Disposal

Chapter 17

Sludge Pumping Chapter 18

Tertiary treatment of sewage for reuse Chapter 19

Effluent disposal and utilisation Chapter 20


Treatment plant operation and maintenance Chapter 23

Plant Control Laboratory Chapter 24


Disclaimer: Any specifications not covered above shall be as per best Engineering

practice or as directed by Engineer-in-Charge. In the event of any disparity between the

written specifications and BIS/IS/ISO provisions, the provisions in BIS/IS/ISO shall

prevail.

The item wise specifications to be followed by the Contractor are given in the

subsequent Chapters.


Chapter 2

Providing, Laying and Jointing of Pipelines

1.0 Laying of Pipe Line

1.1. Excavation for Pipe Line

a. Trench-less excavation for railway crossing

The contractor required to investigate the site conditions and select the best

method for trench-less excavation for crossing of sewage pumping main

through railway tracks. Tendered rate is supposed to cover cost of all such

means i.e., either drilling or excavation (soil, rock) by manual, mechanical or

blasting.

b. Open cut trench excavation

The open cut excavation shall be done as per specifications given in tender

document and CPHEEO manual.

1.2. Site Clearance

The pipe line alignment shall be cleared of all bushes, shrubs, roots, grass,

weeds and if required trees, coming in the alignment of pipe line in the trench

width portion. The rates for excavation shall cover all such site clearance work

and no extra payment will be allowed on this account.

1.3. Alignment marking

After the work site is cleared as above, pipe line alignment with required

trench width shall be marked on the ground with apex points, curves etc. as

shown on the drawings or as directed by the Engineer-in-Charge in charge for

the stretch where the work is to be started. The contractor shall provide all

labour, survey instruments, and materials such as strings, pegs, nails,

bamboos, stones, mortar, concrete etc. required for setting out and

establishment of bench marks. The contractor shall be responsible for the

maintenance of bench marks and other marks and stakes as long as they are

required for the work in the opinion of the Engineer-in-Charge.

1.4. Working survey

Working survey of the pipeline alignment shall be carried out by the

contractor before start of the excavation work. The contractor shall provide

all the instruments such as levelling instruments, steel tape, ranging rods,

strings, pegs etc. for carrying out the survey. Based on the working survey, the

alignments, L-section (depth of laying), grade, and location of manholes and

inspection chambers shall be finalized and got approved from the Engineer-

in-charge.


1.5. Use of Machinery:

All excavations shall be carried out by Mechanical Equipment/Machinery

unless, in the opinion of the Engineer-in-Charge, the work involved and time

schedule permit manual excavation.

1.6. Trench Width and Depth:

All buried pipelines shall be minimum 0.6 metre +/- 0.2 metre below ground

level to maintain proper grade unless other depths are approved by the

engineer in charge. The trench width for respective pipe diameters

permissible as required under respective IS code for Pipeline laying and

installation.

The trench width shall be constant throughout the trench depth, which will

provide a clearance of about 0.30 m on either side of the pipe line.

The contractor may, for the facility of work or similar other reasons, excavate

and also backfill later, if so approved by the Engineer-in-Charges, at his own

cost, outside the allowable trench width specified above. Should any

excavation be taken below the specified trench bottom, contractor shall fill it

up to required level, at his own cost, with the same material available at the

trench bottom including watering and compaction.

The excavation shall be taken down to such depths as shown in drawings.

Excavation for extra depth equal to the thickness of proposed pipe bedding

shall be done below pipe soffit level for providing bedding below pipe line

wherever bedding is required. The trench bottom shall be excavated to proper

grade as shown on drawings. The contractor shall provide site rails and

levelling instruments required for checking the grade during excavation,

bottom bedding and pipe laying Projections in rock excavation shall be

removed by chipping.

The contractor shall carryout extra excavation at the pipeline joints to be

welded in the trench, as required (minimum 0.6 m deep and 0.9 m lengthwise,

all around the pipe), for facilitating proper welding of the bottom joint from

outside. The work of trench excavation should be commensurate with laying

and jointing of the pipe line. It should not be dug in advance for a length

greater than 500 m ahead of work of laying and jointing of pipeline unless

otherwise permitted by the Engineer-in-Charge.

The cover on pipe may be modified to suit gradients and site conditions as per

direction of Engineer-in-Charge.

1.7. Barricading and Guarding:

To protect persons from injury and to avoid damage to property, adequate

barricades, construction signs, red lanterns and guards as required shall be

placed and maintained


During the progress of work, till filling of the trenches after pipes are laid and

jointed. The lighting, barricading, guarding of the trenches and the

maintenance of watchman shall be done by the contractor at his cost.

All precautions shall be taken during excavation and laying operation to guard

against possible damage to any existing structures, underground cables, pipe

lines of water, gas, sewage etc. Any damage done to such properties will have

to be repaired / rectified by the contractor at his cost. The Contractor has to

ensure the following:

Safety protections as mentioned above have to be incorporated in the work process.

Hindrances to the public have to be minimized.

The trench must not be eroded before the pipes are laid.

The trench must not be filled with water when the pipes are laid.

The trench must not be refilled before laying of the pipes.

The bed for the laying of the pipes has to be prepared according to the L-

Section immediately before laying of the pipes.

1.8. Re-use of Surface Material

All surface materials, which in the opinion of the Engineer-in-Charge, suitable

for reuse in restoring the surface shall be kept separate from the general

excavation material, as directed by the Engineer-in-Charge.

1.9. Stacking of Excavated Material

All excavated materials shall be stacked in such a manner that it does not

endanger the work and avoids obstructing foot paths and roads. Hydrants

under pressure, surface boxes, fire and other utility controls shall be left

unobstructed and accessible until the work is completed. Gutters shall be kept

clean or other necessary provisions made for street drainage and natural

water courses shall not be obstructed. All the excavated material shall be the

property of the Employer and shall be stacked or disposed of as directed by

the Engineer-in-Charge.

1.10. Maintenance of Traffic

The work of excavation and pipe laying shall be carried in such a manner that

it causes the least interruption to traffic and the road / street may be closed

in such a manner that it causes the least interruption to the traffic. Where it is

necessary for traffic to cross open trenches, suitable bridging arrangement

shall be provided. When the street is closed for traffic, suitable signs indicating

that street is closed shall be placed and necessary detour signs for proper

maintenance of traffic shall be provided.


1.11. Structure Protection

Temporary support, adequate protection and maintenance of all underground

and surface structures, drains, sewers and other obstructions encountered in

the progress of work shall be furnished under the direction of the Engineer-

in-Charge. The structures which have been disturbed shall be restored upon

completion of work.

1.12. Protection of Property

Trees, shrubbery fences, poles and all other property shall be protected unless

their removal is allowed by the Engineer-in-Charge. When it is necessary to

cut roots and tree branches, such cutting shall be done under the supervision

and direction of the Engineer-in-Charge.

1.13. Avoidance of Existing Services

As far as possible, the pipeline shall be laid below existing services, such as

water and gas pipes, cables, cable ducts and drains but not below sewers.

Excavation of the trenches shall be carried out to the required depth

accordingly. If it is unavoidable, the pipeline shall be suitably protected and

lesser trench depth in such cases can be allowed. A minimum clearance of 150

mm shall be provided between the pipeline and such other services. When

thrust or auger boring is proposed for laying pipeline across roads, railway or

other utilities, larger clearance as required shall be provided. Adequate

arrangements shall be made to protect and support the other services during

excavation and pipe laying operations. The work shall be so carried out as not

to obstruct access to the other services for inspection, repair and

replacement. When such utilities are met with during excavation, the

authority concerned shall be intimated and arrangements made to support

the utilities in consultation with them.

1.14. Bailing out of Water/Open and Close Timbering

1.14.1. Bailing out of Water

During the excavation if subsoil water is met with, contractor shall provide

necessary equipment and labour for dewatering the trenches. If pumping out

subsoil water is found necessary, contractor shall provide sufficient number

of pumps for the same. The Tendered rate shall cover all costs for bailing out

of water including hire charges of pumps, cost of diesel and labour etc. and

hence, no extra payment shall be allowed.

1.14.2. Open and Close Timbering

Contractor shall provide necessary materials labour& equipment’s for open

timbering/close timbering/ steel or any other protection work required to be

done during excavation. In case of open areas, shafts, wells, cesspits, manhole


including strutting, shoring and packing cavities (wherever required). The

Tender rate shall cover all cost of materials, labour and equipment required

and hence no extra payment shall be allowed even timbering material is left

permanent at site.

1.15. Disposal of loose boulders etc.

All loose boulders, Semidetached rocks, (along with earthy stuff which might

move therewith), not directly in the excavation but close to the area to be

excavated, as to be liable, in the opinion of the Engineer-in-Charge, to fall or

otherwise endanger the workman equipment, or the work etc. shall be

stripped off and removed away from the area of the excavation. The method

used shall be such as not to shatter or render unstable or unsafe the portion

which was originally sound and safe. The Tendered rate is supposed to cover

this job and no extra payment will be allowed on this account.

1.16. Disposal of Excavated Material

All the excavated surplus material shall be disposed of on low lying

Government land or as directed by the Engineer-in-charge.

1.17. Moorum / Sand Bedding below Pipeline

In case of hard rock and black cotton soil, before lowering of the pipes in

trenches, a layer of selected moorum, available from excavated material

under the same contract shall be provided below the pipe line to act as

bedding. The bedding shall be compacted properly including required

watering and the thickness of well compacted layer shall not be less than 150

mm. The bedding shall be provided for full trench width with proper grade as

shown on drawings.

2.0. Refilling the trenches

2.1. Use of selected excavated material

Filling of excavated material in trenches shall be commenced as soon as the

joints of pipes and specials have been tested and passed. The backfilling

material shall be properly consolidated by watering and ramming, taking due

care that no damage is caused to the pipes and the outer coating.

Selected surplus spoils from excavated material shall be used as backfill. Fill

material shall be free from clods, salts, sulphate, organic or other foreign

material. All clods of earth shall be broken or removed. Where excavated

material is mostly rock, the boulders shall be broken into pieces not larger

than 150mm size, mixed with properly graded fine material consisting of

moorum or earth to fill up the voids and the mixture used for filling.


2.2. Filling zones

For the purpose of back-filling, the depth of the trench shall be considered as

divided in to the following three zones from the bottom of the trench to its

top:

Zone A: From the bottom of

the

pipe (top of bedding) to the

level of

the centre line of the pipe

Back-filling by hand with selected approved

material available from excavation, placed in

layers of 150 mm and compacted by tamping.

The back-filling material shall be deposited in

the trench for its full width on each side of the

pipe, specials and appurtenances

simultaneously. Special care shall be taken to

avoid damage of the pipe and the coating or

moving of the pipe.

Zone B: From the level of the

centre line of the pipe to a

level 300 mm above the top of

the pipe

Back-filling and compaction shall be done by

hand or approved mechanical methods in

layers of 150 mm; special care shall be Taken

to avoid damage of the pipe and the coating

or moving of the pipe.

Zone C: Back-filling shall be done by mechanical

methods in 150 mm.

2.3. All excavations shall be backfilled to the level of the original ground surfaces

unless otherwise shown on the drawings or ordered by the Engineer-in-

Charge, and in accordance with the requirements of the specification. The

material used for backfill, the amount thereof, and the manner of depositing

and compacting shall be subject to the approval of the Engineer-in -Charge,

but the Contractor will be held responsible for any displacement of pipe or

other structures, any damage to their surfaces, or any instability of pipes and

structures caused by improper depositing of backfill materials.

The back filled layers shall be wetted and compacted to a density of not less

than 90 percent of the maximum dry density at optimum moisture content of

the surrounding material. Any deficiency in the quantity of material for

backfilling the trenches shall be supplied by the Contractor at his expense.

The Contractor shall at his own expense make good any settlement of the

trench backfill occurring after backfilling and until the expiry of the defects

liability period.

On completion of pressure and leakage tests exposed joints shall be covered

with approved selected backfill placed above the top of the pipe and joints in


accordance with the requirements of the above specifications. The Contractor

shall not use backfilling for disposal as refuse or unsuitable soil.

2.4. Fillings of the trench excavated in rock

In case of excavation of trenches in rock, the filling up to a level of 300 mm

above the top of the pipe shall be done with fine materials, such as soft soil,

moorum etc. The filling up of the level of the centre line of the pipe shall be

done by hand compaction in layers not exceeding 150 mm, whereas the filing

above the centre line of the pipe shall be done by hand compaction or

mechanical means in layers not exceeding 150 mm. The filling from a level of

300 mm above the top of the pipe to the top of the trench shall be done by

mechanical methods with broken rock filing of size not exceeding 150 mm

mixed with fine material as available to fill up the voids.

2.5. Consolidation

The consolidation of the filled material shall be done to attain 95 % proctor

density. The density of the filled and compacted material shall be tested

regularly and record maintained accordingly.

3.0 Ductile Iron PIPES (Pipes shall be procured only from the Manufacturers.)

3.1. Supply, laying and jointing of DI Pipes and fittings.

The ductile iron pipe to be supplied and laid shall be DI K-7/K-9 as per IS 8329-

2000, fittings for the pipe shall conform to the provisions of IS 5382-1985, DI

fittings confirming to IS 9523:1980 complete.

3.2 The laying of pipe shall be as per IS 12288:1987 with up to date amendments.

3.3 The manufacturer and their associates (if any) should have the facility to carry

out the internal coating / lining and external coating / painting at factory for

pipes and specials confirming to IS 11906:1986.

3.4 The DI pipe manufacturer should have valid BIS license from last 5 years (or

valid BIS license from last 2 years with an experience of manufacturing and

supplying at least 500 kms. of various diameters of DI pipe to any State/Central

Govt. / board/organization of repute in last 3 years) and the pipes should be

manufactured conforming to IS 8329-2000 specification and further

amendment to the code as on date and duty ISI marked.

3.5 The DI pipe manufacturer should have in-house facility for carry out the

following test for size DN 80-DN1000:

a) C -value determination arrangement b) Type test for leak tightness as per ISO 2531:2009/BS EN 545/IS 8329:200.

3.6 DI pipe manufacturer should have the ISO 9001:2008 & ISO 2531:2009

certification for manufacture of DI pipe.


3.7 A certificate for having supplied DI pipe of size proposed in the project for

quantity 1/3 of the TENDER requirement during last 3 years to any

state/central Govt. department /board to be submitted by pipe

manufacturer.

The manufacturer should be able to demonstrate the conformity of the

product to the requirement by controlling the manufacturing process and by

carrying out the various tests as specified in IS wherever possible, statistical

sampling techniques should be used to control the process so that the product

is produced within the specified limit. The successful bidder is required to

submit the Quality Assurance

Program (QAP) of the manufacturer along with the documentary evidence of

the production capacity, BIS & ISO Certification as mentioned above for

obtaining the approval of Employer & Engineer-in-charge before production

of pipes.

3.8 Each pipe or Fittings shall be marked with the standard mark, Lot/ Batch No.,

Period of Manufacturing and as per the employer/purchasers requirement.

4.0 Supply, laying and jointing of Double Wall (Non-Smooth External Surface)

Corrugated (DWC) wall

Smooth Internal wall) Polyethylene Class SN 8 /High Density Poly Ethylene

(HDPE) Pipe PN 2.5 PE 100 for Piping System for Non-Pressure underground

Sewerage & Drainage Applications.

4.1. Scope

The specification for manufacturing, supplying, transportation, handling,

stacking, installation, jointing, and testing of Piping System for non-pressure

underground Sewerage & Drainage Applications shall be as below,

4.2. Applicable Codes

The manufacturing, testing at factory, supplying, transportation, handling,

stacking, installation, jointing, and testing at sites shall comply with all

currently applicable National statutes, standards & codes. If requirements of

these specifications are at variance with any other standards, this particular

document shall be governed by the proceedings of:

IS16098 (Part-1) :

2013

Structured Wall Plastics piping Systems for non-

pressure drainage and sewerage- Specification

Part 1: Pipes and fittings with smooth external surface,

Type A


IS16098(Part-2) :

2013

Structured Wall Plastics piping Systems for non-

pressure drainage and sewerage- Specification

Part 2: Pipes and fittings with non-smooth external

surface, Type B

ISO 9001: 2008 Quality Management Systems

The testing, supplying, laying, jointing and testing at work sites of DWC/HDPE

pipes shall be as per standards and Codes. If requirements of this Specification

conflict with the requirements of the standards / Codes, this Specification shall

govern.

Code No. Title/Specification

IS 14333 High Density Polyethylene Pipes for sewerage

IS 2530 Methods of test for polyethylene moulding materials and polyethylene compounds DI K7 Pipes, Joints and Fittings for use for Potable Water Supply

IS 5382 Rubber sealing rings for gas mains, water mains and sewers.

IS 4905 Methods for random sampling

IS 7328 High density polyethylene materials for moulding and extrusion

IS 7634 Laying & Jointing of Polyethylene (PE) Pipes

Other Indian standards which are integral part of above standard as normative

references form a significant portion of this specification document.

4.3. Inspection

The Contractor shall be responsible for the performance tests at the

Manufacturer’s place in presence of the Engineer-in-charge or the authorized

representative(s) of the client and/or by the authorized representative of

PDMC.

The Pipe Manufacturer shall produce all necessary test certificates related to

relevant Material Characteristics of PE Material in Granular Form for each lot

of Pipes as specified in the IS code. At the time of inspection, before supply of

the designated lot to the contractor, such certificates from the manufacturer,

duly supported by the purchaser’s invoices shall be made available to the

employer with proper endorsement from the inspecting agency.

The employer reserves the right to inspect the Pipe Manufacturer’s unit if

required to evaluate the capacity/ capability/ Quality Assurance before

extending their clearance to the contractor towards procurement of pipes.


The Employer reserves the right to test Pipe samples of Pipe & Fittings picked

up at random from project site stack yard/storage for performance test at any

Govt. authorized National Testing Laboratories or NABL Accredited laboratory.

4.4. Transportation

While loading the pipes onto the truck, care should be taken that the coupler-

end should be arranged alternatively in the corresponding layers so as to avoid

the damage to the coupler/ socket ends.

4.5. Handling

Following Recommendations shall be followed while handling the pipes:

Adherence to National Safety requirements & Pipes to be smoothly lowered to the ground

Pipes should not be dragged against the ground to avoid the damages to the Coupler/pipes.

900mm and larger diameter pipes are carried with Slings at two points spaced approximately at 3 Meters apart.

For smaller diameters (450 mm to 900 mm, both exclusive) one lift point shall be sufficient& can be handled either manually or mechanically.

For diameters smaller than or equal to 450 mm, manual labour can be used.

Do not use a loading Boom or Fork Lift directly on or inside pipe.

4.6. Pipe Storage at Site

Stockpiling shall be done temporarily on a Flat Clear Area as per IS 16098 (Part- 2). For avoiding collapse of Stacks, use Wooden Posts or Blocks

Stacking shall not be higher than 2.5 Meters

While stacking, alternate the socket/coupler ends at each row of stacked pipes.

5.0 Lowering, Laying & jointing of Pipes

The width of a Sewer Trench depends on the soil condition, type of side

protection needed and the working space required at the bottom of Trench

for smooth installations. The Minimum Trench Width is specified as per Table

below:

Indicative Trench Widths**

Pipe Diameter (mm) Trench Width (M)

75-200 0.6

250 0.7

300 0.8

400 0.9

600 1.2

800 1.3

1000 1.8


The pipe segment between two manholes shall be laid approximately in

straight line without any vertical undulations (at prescribed Gradient) only in

case of curve if found necessary. The piping system shall rest on the carefully

prepared bedding portion of the Backfill Envelope as per IS-16098 (Part- 2)

(Annexure – A) and at appropriate jointing locations the trenches shall be

excavated deeper to accommodate the bulges of coupler-spigot joints.

However, special care shall be ensured as mentioned below:

Excavation of trenches shall be carried out in accordance with the approved drawing & specifications and as directed by the engineer-in-charge as well.

The piping system shall be laid and jointed in true to gradient with the help of sight rails and boning rods as detailed in Manual on Sewerage and sewerage treatment CPHEEO, MoUD, GoI, New Delhi. The levels need be checked with calibrated modern Levelling Instrument. Specific care shall be taken to prevent entry of sand / mud /slush/ any other foreign material etc. into the system during the installation operation.

A minimum cover of 600 mm should be maintained or as directed by the

Engineer-in-Charge.

The bedding area (ref. Annexure A) is an essential portion of Backfill Envelope

and shall be constructed with proper bedding material as computed in

accordance with appropriate national code of practice for structural bedding

design mentioned in the list of normative references under IS 16098 (Part-2).

The bedding shall be laid to specified thickness and gradient with proper

manual compaction of the aggregate. Indicative installation details with

suggestive ‘Backfill Envelop’ have been shown in Annexure as per IS-16098

(Part- 2).

The moulded on-line coupler (or separate coupler integrated to the pipe in

case of lower sizes) will have a suitable internal surface to push-fit the said

end over the spigot end of the next pipe. On first valley of the corrugation of

said spigot end (destined to receive the pushed coupler), the sealing rubber

ring of standard quality shall be placed so that the coupler end of the pipe

smoothly but tightly slides over the sealing ring for making an absolute

watertight joint. Similar system is also used for fabricated accessories or

moulded fittings required. Reducer end caps for the purpose of installation of

the system related to drainage/sewerage.

For quality connections following steps are to be ensured, failing which the performance aspects are to be severely compromised:

The non-coupler (socket) end needs to be thoroughly cleared and shall be free from any foreign material

Clean and lubricate the coupler end of the pipe, if required.

Lubricate the exposed Gasket in the same manner, if required.


Keep the non-coupler end free from dirt, backfill material, and foreign matter so that the joint integrity is not compromised.

Push the coupler onto the non-coupler end and align properly. Always push coupler end onto non-coupler end.

For smaller diameter pipes simple manual insertion shall be sufficient. It

should be ensured that the coupler end is adequately ‘homed’ on non-coupler

end to ensure installation and tight joining seal. Therefore prior to insertion

always place a ‘Homing Mark’ on appropriate corrugation of the ‘Non-Coupler

End’.

6.0. Construction of backfill envelope and final backfilling of the trenches

DWC Piping System with well compacted Backfill Envelope along with the

bottom and sides of trench (native soil) work together to support soil

overburden and superimposed (traffic) loads. The carefully constructed

Backfill Envelop has three distinct but non-isolated stages (ref. Annexure A of

IS-16098 (Part-2). The construction need to be done stage by stage as per the

sequence stated below:

Bedding portion

Up to Haunch level

Remaining portion

The material for backfill envelop shall be in accordance with the structural

design of flexible buried conduit as per relevant National code in meticulous

consultation with ISO 21138-1 &3 :2007 and all other referred International

Codes such as BS EN 1295-1 that forms an integral part of the said ISO

Specifications. It can be the same material that were removed in the course of

excavation or it can be fine sand/course sand/gravel / moorum /other form of

course / fine aggregates depending on the effected Design Load [Overburden

+ Superimposed (Live) load]. However, in no circumstances, the flexible pipe

should be embedded in cement concrete (un- reinforced or reinforced) which

invariably induces undesired rigidity in the system. The Manufacturer may also

be consulted to provide for the necessary module for the Structural Design of

the ‘Backfill Envelope’.

The remaining portion of backfilling which do not contribute to the structural integrity of the system may be the materials that were removed in the course of excavation or any other foreign material as may be required to suit the particular site condition. These materials shall consist of at least clean earth and shall be free from large clod or stone above 75 mm, ashes, refuse and other injurious materials.

After completion of bedding portion of the Backfill envelop and subsequent lying of pipes, etc. first the haunch portion & then upper portion of Backfill Envelope shall be constructed as per design around the


pipe. Voids must be eliminated by knifing under and around pipe or by some other indigenous tools.

The compaction, by hand rammers or compactors with necessary watering to a possible maximum level of proctor density shall be ensured.

Remaining portion of the Construction of ‘Backfill Envelope’ (above the Bedding Portion) & subsequent final Backfilling of the Trench shall start only after ensuring the water tightness test of joints for the concerned sewer segments. However, partial filling may be done keeping the joints open.

Precautions shall be taken against floatation (if at all necessary) as per the specified methodology and the minimum required cover.

7.0. Continuity Test /Hydraulic Testing

Since the entire application pertains to Non-pressure (gravity flow) domain,

on-field pressure testing of the installed system is not necessary. As per the

relevant IS Code, each of the supplied pipe assembly need to be pressure

tested at manufacturer’s end for ensuring its leakage proof status as per the

IS 16098 (Part 2):2013. However, for on-field acceptability, a segment wise

continuity test shall be performed by the contractor in the same methodology

as depicted in the CPHEEO, MoUD, GoI Manual on Sewerage and Sewage

Treatment to the fullest satisfaction of the Employer/Department/PDMC,

AMRUT. The contractor shall arrange the water at his own cost for testing and

other requirements.

Notwithstanding the satisfactory completion of the continuity test, if there is

any discernible leakage of water from any pipe or joint, the Contractor shall,

at his own cost, replace/repair the pipe or re-make the joint and repeat the

hydraulic test again.

8.0. Flow measuring devices:

Electromagnetic Flow Meter as per ISO 6817- 1992 of appropriate size shall be

provided along with 8 hours Battery back-up, at inlet and outlet of the Raw

water and Clear water pipeline and Feeder pipeline outlet at RCC Sumpwells;

to check losses and measure the quantity of water. Reading display of all the

Flow meters, alongwith data logging instruments should be made available at

single point, wherever decided by the Engineer-in-charge.

All the Electromagnetic Flow meters shall have the same make and salient

features as under.

Coil housing of the Electromagnetic flow meters of fully welded SS-316 and

Flow-tube lining of PTFE / EPDM / Neoprene.


9.0. Technical Qualifications of Manufacturer of DWC pipes:

9.1. The Pipe manufacturer should have an annual installed production capacity of quantity equal to this TENDER. The manufacturer should have manufactured and supplied pipes to any state/central Govt. department/board having minimum DN/ID 150mm or above, a minimum length of 500 Km.; out of which at least 10% length (50Km.) should be of minimum DN/ID 250mm or above.

9.2 The manufacture should have valid BIS License as per IS 16098:2013 Part-2 / IS 14333:1996 and accreditation of ISO 9001: 2008/2015 for Manufacture and supply of DWC / Structured wall PE Pipe and fittings.

9.3 The manufacturer should be able to demonstrate the conformity of the product to the requirement by controlling the manufacturing process and by carrying out the various tests as specified in IS wherever possible, statistical sampling techniques should be used to control the process so that the product is produced within the specified limit. The successful bidder is required to submit the Quality Assurance Program (QAP) of the manufacturer along with the documentary evidence of the production capacity, Valid BIS & ISO Certification as mentioned above for obtaining the approval of Employer & Engineer-in-charge before production of pipes.

10.0. DWC Pipe Manufacturer In-House Facility for Testing:

10.1. The manufacturer should have required Plant, machinery and equipment for

size DN/ID 150mm or above for the following vital test:

Ring Flexibility Test,

Ring Stiffness Test,

Creep Ratio Test,

Water Tightness Test,

Tensile Strength Test,

Melt Flow Index Test,

Impact Test,

Environmental Stress Cracking Resistance Test,

Oxidation Induction Time Test Etc.

10.2. If the manufacturer does not have required Plant, machinery and equipment

for size DN/ID 150mm or above for the above vital test, the required tests to

be carried out in any National Test House or NABL accredited Test

Laboratory. The cost of such tests shall be borne by the manufacturer.

10.3. Each pipe or Fittings shall be marked with the standard mark, Lot/ Batch No.,

Period of Manufacturing and as per the employer/purchasers requirement.


11.0. Supply, Laying, Jointing, Installation, Testing and Commissioning of pipes

a) Supplying, laying, jointing, testing and commissioning of pipes shall conform to relevant IS codes, as applicable.

b) The alignment of pipelines shown in drawings of the Tender Documents is only indicative and the exact alignment will be as per approved drawings and/or as directed by the Engineer-in-charge or his representative.

c) The HDPE/DWC/DI/RCC Pipes shall be laid in accordance with the latest BIS/EN/ISO specifications.

12.0. Field Hydraulic Test

a. The Sectional Hydraulic Test shall be carried out after the pipeline section

to be tested has been laid jointed and backfilled to a depth sufficient to

prevent floatation

b. Each length of the pipeline to be tested shall be capped or blanked off at

each end and securely strutted or restrained to withstand the forces

which will be exerted when the test pressure is applied.

c. The proper method of filling the pipeline with water shall be used. The length under test shall be filled making certain that all air is displaced through an air valve or any other appropriate mechanism. The test length shall then remain under constant moderate pressure as per testing method given in the IS 7634.

d. As per IS code water required to built-up allowable drop in pressure during

test will be treated as a make-up water.

e. The maximum allowable test pressure shall be as per CPHEEO manual and or IS codes specified.

f. Notwithstanding the satisfactory completion of the hydraulic test, if there is any discernible leakage of water from any pipe or joint, the Contractor shall, at his own cost, replace the pipe, repair the pipe or re-make the joint and repeat the hydraulic test at his risk and cost including the cost of water.

g. Test pressures are to be measured in kg/cm2 at the centre of the blank flange situated at the lowest end of the pipeline under test. Unless otherwise specified the test pressure shall be as stated in Clause 12(f).

13.0. Supply, Laying & Jointing of RCC Pipes

13.1. The Pipe manufacturer should have an annual installed production capacity of quantity equal to this TENDER. The manufacturer should have manufactured and supplied pipes to any state/central Govt. department /board quantity equal to this TENDER in last 3 years.

13.2 The manufacture should have valid BIS License as per IS 458:2003 and accreditation of ISO 9001:2008/2015 for Manufacture and supply of RCC Pipes.


13.3 The manufacturer should have manufactured and supplied pipes quantity equal to this TENDER.

13.4 The manufacturer should have required Plant, machinery and equipment for the following vital test:

Hydraulic Test,

Three-edge Bearing Test,

Permeability Test,

13.5 If the manufacturer does not have required Plant, machinery and equipment for the above vital test, the required tests to be carried out in any National Test House or NABL accredited Test Laboratory. The cost of such tests shall be borne by the manufacturer.

13.6 Each pipe or Fittings shall be marked with the standard mark, Lot/ Batch No., Period of Manufacturing, Source of Manufacture and as per the employer/purchasers requirement.

14.0. Precast Concrete Manhole Cover and Frame

14.1. The manufacturer should have an annual installed production capacity of

quantity equal to this TENDER.

The manufacturer should have manufactured and supplied different grades of

to any state/central Govt. department /board quantity equal to this TENDER

in last 3 years.

14.2. The manufacture should have valid BIS License as per IS 12592:2002 and

accreditation of ISO 9001:2008/2015 for Manufacture and supply of SFRC,

Manhole Frame and Cover.

14.3. All the covers and frames shall be sound and free from cracks and other

defects which interferes with the proper placing of the unit. The underside of

the cover and protective mild steel sheet of minimum 2 mm thick around the

periphery of cover and frame especially 25mm x 3mm mild steel flat used to

protect the frame shall be given suitable treatment with anti-corrosive paint

or coating. Lifting hooks of dia. 12mm mild steel for light and medium duty

and 16mm dia. mild steel for heavy and extra heavy duty covers shall be

protected from corrosion by hot dip galvanizing or any other suitable means

as approved by the Employer. The top surface of the cover shall be given a

chequered finish.

The manufacturer should have required Plant, machinery and equipment for

the following vital test:

Load Test,

14.4. If the manufacturer does not have required Plant, machinery and equipment

for the above vital test, the required tests to be carried out in any


Government, National Test House or NABL accredited Test Laboratory. The

cos of such tests shall be borne by the manufacturer.

14.5. Each cover & frame shall be marked with the standard mark, Lot/ Batch No.,

Grade Designation LD2.5, MD10, HD20, EHD35, Period of Manufacturing,

Source of Manufacture and as per the employer/purchasers requirement.

15.0. SAFETY FOOT REST

Orange/ Black colour safety foot rest of minimum 6mm thick plastic and

capsulated on 12 mm dia. Steel bars having minimum cross-section as 23mm

x 25mm and overall minimum length 263mm and width as 165mm with

minimum 112mm space between protruded legs having 2mm tread on top

surface by ribbing or chequering besides necessary adequate anchoring

projection on tail length on 138mm suitable to withstand the bend test and as

per specification and manufacturers’ permanent identification mark to be

visible even after fixing, including fixing in manholes with 30x20x15 cm

cement concrete blocks 1:3:6 complete as per the direction of Engineer-in-

Charge.

16.0 THRUST BLOCKS

The thrust blocks shall be of plain/reinforced cement concrete on site as per

design and drawings to be given by the Contractor and approved by the

Engineer-in-Charge. The thrust blocks shall be cast directly against the

undisturbed soil.


Chapter 3

SPECIFICATION FOR CONSTRUCTION OF R.C.C. SUMP AND

SEWAGE TRAETMENT PLANT (STP)

1.0. PREAMBLE:

The work comprises of construction of Sump well at various locations and at

Sewage treatment plant

2.0. Scope of work:

Three RCC sump well as mentioned in Description of work is to be designed

and tested on Lump sum contract.

i. The work includes the following sub work: ii. Investigation and testing for foundation. iii. Design and drawing of the structure. iv. Construction as per approved design and drawing. v. Providing and fixing of pipes, valves and other appurtenances wherever

required. vi. Testing of the structure for the water tightness and stability.

All materials required for satisfactory completion of the work such as cement,

steel, pipes, specials and valves shall be procured by the contractor himself.

The water required for construction shall be arranged by the contractor but

that required for testing and handed over to the department within the time

period specified in the Notice inviting TENDER.

3.0. INTENTIONALY DELETED

4.0. GENERAL REQUIREMENT:

4.1. The foundation of the structure should be taken down sufficiently below the

average ground level for safe transfer of load to undisturbed formation.

Suitable Soil test should be carried out by the contractor through Govt.

Engineering College or any other recognized laboratory to ascertain safe

bearing capacity of the soil for design purpose.

4.2. The specification laid down in the letter issued by respective authority shall be

strictly followed.

4.3. The type of foundation should be suiting to the determined safe bearing

capacity of the soil and shall be designed accordingly. The excavation shall be

done in all sort of strata and if blasting is required, the contractor shall obtain

permission from the competent authority and all rules regarding safety shall

be followed.


4.4. The tanks can either be rectangular or circular is shaped supported over

column staging but the location plan of the columns should permit utilization

of spacing underneath fully for construction of office/staff building.

4.5. The capacity of the tanks specified in para 2.0 above shall be between the

outlet level and the full tank level. The maximum depth of water in the tanks

should not be more than 3.0 m. The outlet level should be kept minimum

0.15m above the tank floor level. A free board of 0.5m should be provided

below the lowest surface of the roof slab or beam. The inlet level should be

0.10m above the full tank level. The scour level should be kept flush with the

floor slab.

4.6. A RCC/MS gallery 1.2m wide all around the tank at vertical wall ring beam level

should be provided to facilitate inspection, cleaning and painting of the tank.

A railing comprising of medium class 80m dia. GI pipes posts 1.2m high rigidly

fixed in the gallery slab at 1.5m maximum spacing with 3 rows of 20mm GI

pipes (Class medium) should be provided.

4.7. RCC/MS ladder properly supported from tank wall with hand rails 0.45m in

width should be provided outside of the tank from gallery of top of roof slab.

The RCC ladder shall have at least one landing in between gallery and roof top

and. Mild steel ladder, from the manhole in the roof slab to floor slab, inside

of the tank to facilitate inspection and cleaning. These ladders should be of

MS plates 65mmx10mm size with 20mm dia. round bars fixed at 0.25 centres

by holding and welding to MS plates. The insides ladder should be properly

supported in the mid span for rigidity.

4.8. An apron of cement concrete 1:2:4 i.e. M-15 mix should be provided for an

area which is 1.5 metre more the dimension of the tank of all sides having

100x100 mm drain in cement concrete 1:2:4 all around shall be constructed

and water will be led to the proper disposal point through the drain to be

constructed for the purpose. The top of the drain around the apron shall be

100mm above the ground level. Outer edge will be covered with sloping earth

the apron will have a slope of 1.60 from centre towards the drawl. The edge

of the drain will be flush with the top surface of the apron. The apron will be

100mm thick in cement concrete 1:2:4 laid on sub base of 100mm thick 1:4:8

cement concrete in case of black cotton/cohesive soil the soil will be removed

up to 500mm below the ground level and refilled with rammed moorum up to

400mm in case of hard strata like moorum, kopra etc. moorum filling will not

be required.

5.0. PIPES AND FITTINGS:

The inlet, outlet, over flow and scour pipes for the tanks shall be cast iron

double flanged class A as per IS: 7181-186 all these pipes shall be independent


of each other and shall be fixed in vertical position rigidly by bolting and

clamping properly.

The size of these pipes in SUMPWELL shall be designed and selected as per

best engineering practice comprising to all guidelines of Government of India.

Cast iron bell mouths as per Appendix 10.2 of CPHEEO manual conforming to

IS 1538-1976 shall be provide on the top end of all pipes. These pipes shall

have CI puddle collars properly embedded in the floor slab at the time of

concerting to provide monolithic joint. Cast iron strainer shall be provided don

the top of outlet and scour pipes. Cast iron duck foot bends shall be fixed over

cement concrete bed block, to support vertical pipes. The bed blocks shall be

designed to take the load of pipes and the water column indecently. The

double flanged Duck foot shall be provided. 1.2m below average ground level

at site.

Cast Iron Double flanged sluice valves with spur gear and hand wheel class PN

1.0 confirming to IS: 14846 with all revision up to date issued of NIT shall be

provided and fixed minimum 3.0 m away from the ground level bracing, along

with necessary C.I.D.F. pipes. The size of the valves shall be designed and

selected as per best engineering practice comprising to all guidelines of

Government of India.

The overflow pipe shall be left open at minimum 3.00 m distance from bracing

CIDF pipes shall be provided between Duck foot bends and D.F. sluice. The

contract will limit up to fixing of DF values.

6.0. APPURTENANCES:

6.1. Water level indicator:

A float operated level indicator comprising of stainless steel float pulleys, steel

wire rope and enamelled indicator plate calibrated to read depth of water in

metre, shall be provided.

The pulleys should provide free movement of rope and they should be easily

accessible for repair and maintenance. The indicate plate should be fixed at

about 5m. Above ground level on the front side of tank.

Additionally, the following arrangement may be provided as optional

a) Water level indicator, working on physical characteristics. b) Pressure gauge, calibrated, to read water depth directly.

6.2. Ventilators:

Mosquito proof ventilators, of suitable design shall be provide on the roof slab

of tank to facilitate discharge of dissolved gases of water and to keep the

inside of tank odour free.


6.3. Manhole:

An opening of 0.75x0.75m or 0.9m dia. size shall be provided in the roof slab

of tank for access inside the tank for inspection and cleaning. The opening shall

have CI/MS cover with locking arrangement.

6.4. Lightening Arrestor:

Aluminium lightening arrester as per relevant B.I.S. shall be above highest

point and 30 mmx4mm size strip connected to earth electrode shall be

provided. The earth strip shall be secured rigidly to concrete surface.

7.0. FINISHING AND PAINTING:

7.1. Form finish:

All external surfaces on the structure shall have form finish. However, all

uneven surface and small defects shall be made even immediately after

removal of forms with 1:1 cement mortar. The inside surface of the tank shall

be rendered even and water proof by cement plaster in 1:2 portion.

7.2. Painting of Concrete:

The outside surface of the Sump shall be painting with 2 coats of IS marked

cement colour of approved make. The colour shade shall be decided by the

Engineer-in-Charge.

7.3. Painting of pipes etc.

Cast iron pipes, valves and fittings, shall be painted with 2 coats of black

bituminous paint.

7.4. Painting of MS Ladders and MH Cover:

As the MS ladder inside of the tank and manhole cover shall be subjected to

corrosive action of chlorinates water they shall be coated with epoxy paint

8.0. TESTING OF SUMPWELL:

In addition to the structural test as given in IS 456-1978 revised and amended

up to date the Sumpwell shall also be tested for water tightness at maximum

water level in accordance with clause 10.1.1 of IS 3370 (Part-I) 1965. The tanks

shall be filled more than 0.25m per day and the settlement of foundation of

foundation shall be measured accurately before each filling. Any defect of any

sort affecting the strength, durability, appearance of usefulness of the

structure noticed during testing shall be completely removed to the

satisfaction of Engineer-in-charge with in the specified time for completion of

work.


9.0. COMMISSOINING & HANDING OVER:

On completion of all works and the successful of the Sumpwell, it shall be

handed over to the department for commissioning as required on completion

of work and testing. The contractor shall submit completion drawing in six sets

along with foundation investigation, concrete strength water tightness test

reports at the time of handing over of work.


Chapter 4

SPECIFICATIONS FOR SEWAGE TREATMENT PLANT

All the work shall be carried out as per relevant provisions of clauses and sub clauses

of chapters of Manual on Sewerage and Sewage Treatment (Second Edition),

CPHEEO Ministry of Urban Development Govt. of India

Construction of Sewage Treatment Plant as per scope of work defined in section 1.1

Specifications of all the treatment units shall be as per CPHEEO Manual and relevant

IS/BIS/ISO standards. Bidder shall require to submit a brief write up on the Sewage

treatment plant along with the TENDER. On acceptance of TENDER the successful

Bidder shall submit a detailed design and drawings of the Sewage treatment plant

based on CPHEEO Manual and relevant IS/BIS/ISO specifications for the approval of

competent authority.

The Sewage treatment plants shall be for Primary and Secondary treatment of

SEWAGE. Typical composition of untreated domestic waste water, is as follows:

Sr. No.

Parameters Unit Value

1 pH value 7.0 - 7.5

2 Biochemical Oxygen Demand (BOD5) 5day@20°C

mg/l 250

3 Chemical Oxygen demand mg/l 425

4 Total Suspended Solids mg/l 375

5 Volatile Suspended Solids mg/l 262.5

6 Total Nitrogen mg/l 50

7 Organic nitrogen mg/l 12.5

8 Ammonia Nitrogen mg/l 32.5

9 Nitrate Nitrogen mg/l 5.0

10 Total Phosphorus mg/l 7.1

11 Ortho Phosphorus mg/l 5.0

(Ref: As per Section 5.1.4.1 of Manual on Sewerage and

Sewage Treatment Systems, CPHEEO, MoUD, 2013)

As the treated water is to be recycled and reused for industrial application, the water

quality target has to as per end user’s requirement. The treated water quality

standards given below:

Sr. No

Parameter Value

1 pH 6.5-9

2 Total suspended solids (TSS),mg/l <20

3 Chemical Oxygen Demand (COD),mg/l < 75

4 Biological oxygen demand (BOD) mg/l < 10

5 Faecal Coliform (MPN/100ml) <100


All the treatment units shall be as per CPHEEO Manual and relevant IS standards.

Bidder shall require to submit a brief write up on the Sewage treatment plant along

with the TENDER. On acceptance of TENDER the successful Bidder shall submit a

detailed design and drawings of the Sewage treatment plant for the approval of

competent authority.

The bidder should note that the proposed location of plant is prone to flooding every

year to about 0.7 to 1 m water above ground, thus the technology offered by bidder

should be designed in a manner that the same is inclusive of measures to combat the

flooding issue.

The general specifications and guidelines for STP are as below.

1.0. General Guidelines for level of STP and proposed Trunk Main Sewer.

The contractor is advised to have a site visit and verify the site levels. The STP

should be designed, such that the complete process is completed with least of

power consumption, also STP should be at sufficient height to avoid flooding

during monsoon. It is the responsibility of contractor to match the outfall

chamber level with proposed by pass channel meant for excess flow and

discharge of treated sewage.

2.0. Raw Sewage Intake System & Raw Sewage Sump & Pump

The raw sewage shall be intercepted from the last manhole and shall be taken

to the raw sewage intake and pump sump via gravity. A minimum self-cleaning

velocity shall be maintained throughout the sewer line in order to avoid the

settling of the particles. The raw water sewage pumping station shall comprise

of the following system: - (i) Inlet chamber, (ii) mechanically cleaned coarse

bar screen, (iii) pump sump and (iv) raw sewage pumps.

A bypass line to the Pumping station shall be provided which shall discharge

Sewage to the drain, in case of overflow or raw sewage pump failure. This Pipe

line shall be designed to maximum hydraulic capacity.

3.0. Sewage Treatment Plant

Process requirements:

The following main treatment processes and requirements must be provided:

• Preliminary treatment (screenings & grit removal)

• Secondary biological treatment

• Effluent pumping station and rising main upto Outlet Point

• Sludge digestion

• Sludge thickening, dewatering & storage

• Transportation of Screenings, Residual Grit and Digested Sludge from the

Facilities to the waste Disposal Site.


Description of process and Facilities

This section outlines the major processes and Facilities that the contractor is

required to design, construct, and operate as per this Contract Agreement.

3.1. Fine screens

The raw Sewage from Inlet shall flow to fine screen inlet channel by gravity.

The mechanical fine screen shall be either bar/ drum type/perforated screen.

The screens shall have clear openings not exceeding 6 mm. The screens shall

be equipped with an automatic cleaning system and can be controlled by both

an adjustable timed cycle and a pre-set differential head across the screen

using ultrasonic level sensors. All screens shall be provided with thimble

mounted isolation sluice gates both on upstream and downstream. The

contractor may provide a bypass channel with manual screen parallel with the

automated screens.

3.2. Grit basins with Grit washers and classifiers

The Contractor shall provide Grit separators downstream of the screens. The

Grit separators shall be capable of removing at least 95% of particles with a

specific gravity of 2.65 g/cm3 and with a diameter of at least 0.2 mm. A

Parshall Flume shall be provided downstream of Grit separators. The flow

measurement shall be instantaneous.

3.3. Primary clarifiers

If proposed, the primary clarifiers with scum removal shall be designed as per

CPHEEO manual.

3.4. Biological treatment

The biological systems shall be designed for required nutrient removal to

comply with the KPIs.

The STP should be suitable for continuous feed of raw Sewage and operation

without any break. The Contractor shall provide suitable arrangements for

draining the aeration tanks. The Contractor shall take account of the fact that

a fully nutrient removal process may become established at the specified

design loading rates.

If MBBR technology is provided, the Contractor shall provide equalization tank

and anoxic tank as minimum requirements.

3.5. Aeration System

- Only fine bubble Silicon membrane diffusers shall be acceptable with

minimum membrane diffuser to floor coverage area of 8 -10% each &

every diffuser should be inbuilt NRV. Diffusers shall be submerged, fine


bubble/fine pore, high transfer efficiency, low maintenance, non-buoyant

type. Diffusers shall be tubular (membrane) type. Material of construction

for entire under water system including accessories shall be of non-

corrosive. Complete diffuser as a unit shall be assembled at the

manufacturing factory level. The grid supports shall of adjustable type

made of SS 304.

The air blower arrangement shall be capable of handling Total Water Level

and Bottom Water Level operation conditions, controlled by process

sensors such as DO, Temperature and Level.

One set of blower shall have minimum one standby of same capacity.

Minimum one working air blower shall operate via Variable Fixed Derive

(VFD) while others may be operating at a fixed constant speed on soft

starter configuration.

- The blowers for diffuser system shall be positive displacement (Roots)

type and head for blowers shall be decided on the basis of S.O.R. of

diffusers and maximum liquid depth in Basin duly considering the losses

governing point of delivery (diffusers) and the blowers. Blowers shall be

complete with motor and accessories like base frame, anti-vibratory pad,

silencer, non-return valve, air filter etc. as per requirements. Vibration due

to operation of blowers shall be to avoid damage to structures. Further,

blowers shall ensure that the noise level at 3 m from blowers is below 50

db and acoustic enclosure shall be provided if required. The Blower Room

shall have sufficient ventilation, lighting and working space. The Room will

be equipped with sufficient capacity Electric Hoist with Electric Travelling

Trolley (Min 3 Ton or 1.5 times the weight of blower, whichever is more)

to facilitate removal of blower/motor etc. for repairs. The Room will also

have Rolling Shutter.

- The main air header shall be in MS as per relevant IS Code, painted with

corrosion resistant paint as per manufacture's recommendations. The

header shall be supported on supports/saddles at suitable intervals or will

be protected against external corrosion in case they are laid below

ground. The header shall have auto valves to facilitate switch over of

aeration cycle from one Basin to other by PLC operation. The header shall

supply air to diffuser grids at various locations through air supply pipes.

Air supply pipe above water level shall be in MS and below water in

stainless steel and for grid in Imported PVC as per relevant standards. All

under water lateral pipes shall be of Imported PVC. All air down comers

connecting air pipe to diffuser grid shall be in SS304. Junction between air

header and air supply pipe shall be suitably protected against corrosion

due to dissimilar materials.


- All other accessories, whether specified or not, but required for

completeness shall form part of Contractors scope.

GENERAL SPECS FOR FINE BUBBLE DIFFUSERS

Air diffusers for aeration system consist of porous membrane of silicone based rubber with maximum 64 mm diameter size. Diffusers should be tubular and non-buoyant type. Membrane design should permit membrane collapse to eliminate the gap between support tubes during non-operation period. During a power shutdown at the sewage treatment plant the membrane will contract and close around the PP support pipe to prevent any back flow. Each diffuser is fully supported over the length and circumference on single piece polypropylene (PP) support tube of minimum 5mm thick to hold the membrane in position. No drilled holes on the support tube are permitted and embedded opening on the support tube is desired. Support tube will be covered with Rubber Membrane of high quality Silicone based and treated with anti-microbial property. Membrane shall not be loose fitting on the support tube and recommended of 67mmOD. Air opening on the membrane should be 1 mm with staggered perforation. Diffuser body shall contain embedded NRV (non-return valve) to safeguard the air diffuser manifold by entering sludge during rupture of membrane for any reason. Entire diffuser assembly should be manufactured at original factory level and no site assembly is permitted. Diffuser assembly shall have an in-built connector assembly to fix it on the air header. No nipple arrangement on the air header for fixing the air diffuser is permitted.

The aeration system shall be designed for calculated oxygen requirement in

to the total

Volume of wastewater in the aerobic tanks by energy efficiency type of

aeration system having a durable life period. The total number of diffuser

modules and the spacing to be provided for the diffuser shall be such that to

prevent pockets of solids build up in the aerobic tank. The common header

and branch pipes shall be PVC / HDPE of minimum 10kg pressure. Orifice type

flow meter shall be provided on each air pipes for aerobic tanks. Each branch

pipe shall be provided with an air non return valve and one control valve of

suitable size followed by air flow meter. Pipe clamps, pipe fasteners to raft

slab if any to be fixed shall be of stainless steel SS304. Air pipes within and

outside aerobic tanks have to be properly anchored by anchor blocks at all

bends, tees and other spaces, suspenders etc. should be good quality. A care

in the design of piping should be taken so that the pipe will withstand the

higher temperature because of continuous movement of hot air inside the

pipe.


WARANTEE:

The Contractor shall provide ten years warrantee. During warrantee period

the diffuser

Membrane modules shall be replaced free of cost if found defective. Minimum

5% number of total membranes shall be supplied as spare for replacement in

sealed protective covers.

3.6. Tertiary treatment

If tertiary treatment is proposed, to comply with KPIs as required by the

Contract Agreement, filtration system should be designed such that filtration

rate shall be within the acceptable range as per CPHEEO manual while

operating at average as well as peak flow rate. If sand filters are provided, the

filtration media and gravel shall be as per IS: 8419 (Part-1) 1977.

3.7. Disinfection

Disinfection shall be provided to comply with KPIs as required by the Contract

Agreement, through chlorination systems or UV disinfection or ozonation. The

Contractor shall ensure that disinfectants used shall not exceed the limits as

per the provisions of the Environment (Protection) Rules, 1986.

3.8. Outlet Pipe

Treated water after chlorine contact tank shall be taken to clear water

reservoir. The length of the Pipe shall be as per site condition. Capacity of the

pipe should be such that it can carry peak flow.

3.9. By-Pass Arrangements

Adequate by-pass arrangement shall be provided from Raw Sewage pump

sump & inlet chamber at the entry of STP, to the nearest municipal drain/

nallah/ or any other authorised source of disposal. Contractor is responsible

for taking the approvals/permission required for disposal of sewage from

concerned department.

4.0. Solids and sludge handling

4.1. Sludge thickener tank

An adequate size of sludge thickener tank shall be provided with thickening

mechanism to thickener the sludge concentration from 0.8% to 3.0% sludge

from the WAS (Waste Activated Sludge) pumps and to act as a sump for sludge

transfer to volute press.

Sludge sump will have mixing using coarse bubble aeration through PVC piping

with openings. Separate dedicated air blowers will be provided for sludge

mixing.


All other accessories, whether specified or not, but required for completeness

shall form part of contractor’s scope.

4.2. Sludge Pump House

Screw pumps for sludge transfer from sludge holding tank to volute press,

polyelectrolyte dosing system and air blowers for mixing of sludge in sludge

holding tank will be housed in the sludge pump house. It shall be RCC framed

structure with sufficient openings in the form of doors, windows, ventilators

etc. and 1 MT capacity chain pulley block will be provided in it, for material

handling purposes. Minimum carpet area of this building will be 20 square

metre.

4.3. Volute Feed Pump

The sludge pumps will be positive progressive cavity displacement types.

There shall be two pumps (One Working + One Standby) for pumping this

sludge to the volute unit. The minimum capacity of the pump shall be 2 to 3

m3/hr. Pumps will have solid handling capacity of not less than 40 mm sphere.

M.O.C. (Materials of Construction) of pump shall generally be C.I.

Pump and motor will be mounted on a common MS fabricated base frame.

The coupling will be flexible coupling. The motor will be Totally Enclosed Fan-

Cooled (TEFC) and driven through belt drive.

4.4. Volute Press

Thickened sludge shall be pumped to the volute press unit for dewatering. It

shall be provided at suitable elevation for the dried sludge from volute unit.to

be collected in a trailer/container situated below it.

Volute Press shall be operated for 16 hours in a day and floor mounted. It shall

be suitable to handle thickened sludge from thickener. The minimum solid

contents in the sludge at centrifuge inlet shall be 3 %.

The material of construction of all parts coming in contact with the liquid shall

be in SS-304.

Number of Units : 2 (1Working+ 1Standby)

Operation : 16 hours running per day

Dry solids in dried sludge : 15 – 18 percent

All other accessories, whether specified or not, but required for completeness

shall form part of contractor’s scope.


4.5. Volute Shed

Sludge dewatering system shall comprise of volute shed of appropriate size,

which includes thickened sludge pumps, poly dosing tank with mixers, volute

unit.

Filtrate from the sludge shall be taken to plant drainage system by gravity.

Specification of Volute Press:

a. Volute - Screw Press shall have a flow control tank to fix sludge flow and a

water level adjuster to return the excess amount of sludge when

necessary.

b. Volute Press shall have a flocculation tank(s) to mix sludge with polymer

to separate solids and liquid. Sludge feed pump and polymer feed pump

shall be interlocked with the machine.

c. Solids and liquid shall be separated by the pressure caused by the screw.

Filtrated water shall be discharged from the cylinder / dewatering zone

without getting mixed with dewatered sludge.

d. Volute Screw Press shall dewater directly thin sludge with its

concentration at 0.2% at minimum, discharge sludge cake with its solids

content at 18-22% at minimum and catch more than 90% solids fed.

e. The main material of Volute Press shall be SS304.

f. The noise caused by Volute Press shall be 65dB and the vibration shall be

50dB.

Quality Assurance & manufacturer strength:

Only those manufacturers shall be considered who can demonstrate that their

equipment fully complies with all requirements of the specifications and

contract documents. The equipment shall be supplied by a firm which has

been regularly engaged in the design, manufacturing, assembly, testing, start-

up & servicing of full scale Volute Press units operating with similar kind of

sludge for a period of not less than 5 years prior to the bid date of this contract.

Similar equipment must have supplied to other State / central Government /

public sector projects in sewage treatment projects and must be working for

three years successfully in minimum of 5 projects. Manufacturer of the

equipment must have local works with fully equipped to handle emergency

situation. Manufacturer shall possess sufficient spares of models to cater

emergency requirement.

Warranty:

The manufacturer shall warrant, in writing, that all equipment supplied by

them shall be free from defects in material & workmanship, for a period of 18

months from the date of commissioning or 24 months from the date of supply.

Recommended Make: Huber–Germany / Amcon-Japan


Polyelectrolyte Dosing System

Polyelectrolyte shall be dosed online at the inlet of Volute.

DWPE Dosing Tank

Design Capacity: As required for stipulated capacity of each STP as mentioned

above in this section

Number of Units: 2Nos.

Free Board: 0.50 m min.

The solution will be dosed using mechanically actuated diaphragm type

Metering Pumps. Dosing Pumps shall be provided and shall be interlocked

with Volute in such a way that they Start/Stop along with Volute Press.

DWPE Dosing Pump

Capacity and Head: As required for stipulated capacity of each STP as

mentioned above in this section

Quantity: 2 Nos. (1W + 1S)

4.6. Disposal of Solid Waste

Disposal of all solid wastes except wet cake as generated from the STP during

construction, commissioning, and O & M shall be responsibility of the

contractor. The solid wastes shall be disposed of in accordance with and as

per instructions of the Engineer-in-charge/ Independent Consultant. Loading,

transportation, unloading shall be to Contractor’s account.

Grit & Screenings

The evacuated grit and screenings are to be disposed off from the site by the

Contractor at landfill site identified by the Employer’s representative from

time to time

Sludge cake

Employer shall take the sludge cake from Contractor for use in Horticulture

without any cost implication, during O & M period.

If Employer is not willing to use the sludge cake then contractor is free to sale

it or dispose it to the nearest authorized landfill site from at own cost.

5.0. Ancillary Structures

Admin Bldg, MCC Room, Blower Room, Operator Room, SCADA Room,

Laboratory

shall be constructed at suitable location. The buildings shall be designed as per

requirement.


The building shall have RCC frame work of minimum not less than M15 consisting of RCC columns, RCC roof and beams with brick panels and foundation, suitably designed to take the load of the walls. Rolling shutters of adequate size shall be provided for the above rooms on the external walls. At the entrance of the transformer yard, M.S. gate shall be provided of adequate size.

The floor of the MCC rooms and D.G. room shall consist of 40 mm thick cement

concrete laid over 1:2:4 including 15 mm thick ironed finish 150 mm thick 1:3:6

cement concrete. The floor of other rooms shall be with 20mm thick mosaic

laid over 150mm thick 1:4:8 cement concrete. The above floors shall be laid

over well consolidate sand with rammed earth filling below floor. The walls

shall be provided with 150 mm high skirting with 20 mm thick mosaic finish as

per direction of the Engineer.

The brick walls of the buildings shall be plastered internally and externally with

cement mortar 1:2:4 (1 cement: 2 coarse sand: 4 fine sand) and provided with

oil bound distemper inside and water proof cement paint outside as approved

by the Engineer. Ceiling shall be plastered with 1:4 cement mortar (1 cement

and 4 fine sand) and three coats of white wash. All steel work in the

doors/windows/ventilators, rolling shutters etc. shall be provided with a

superior class paint/primer etc. approved by the Engineer to give a smooth

finish.

The buildings shall be provided with plinth protection all around, 750 mm wide

as specified. Necessary slopes shall be given in the plinth protection so as to

drain away the rain water from the building. The roof shall be provided with

water proofing as per DEPARTMENT specifications.

The plinth level of the buildings shall be 600 mm above formation level.

Suitable ramps shall also be provided wherever required as desired by the

Engineer.

The offer shall include for internal electric wiring of the buildings with

light/fan, Switch and regulator fittings.

The buildings shall be of sufficient size to accommodate all machineries/

equipment and controls and an office for operation, toilet, store etc. The

Tenderer shall verify and provide the required size from the practical point of

view and ease of operation.

Security Room

The security room at entry of road shall be provided. This shall be a ground

floor construction with3m x 5m carpet area and be of RCC frame structure

building with in filled rock faced stone masonry and shall be provided with

glass panels on three sides and an air cooler. Necessary fans and lights shall

be provided as directed by the Employer’s representative. Toilet and


bathroom shall be attached with security room. There shall be a working

platform made of Granite stone.

Landscaping

Landscaping involves beautification of Sewage Treatment Plant site by

cultivating plants, shrubs and trees of environmental value and suitably

modifying the appearance of STP site. It shall add scenic value to the STP site

to obtain maximum visual impact. Contractor has to develop proper

landscaping in the STP site as per guidance from the Engineer in charge. Area

for future expansion shall also be considered for landscaping.

Compound Wall and Retaining wall of STP site and its Main Gates

RR Masonry Compound wall of not less than 2.4 m above the finished ground

level, 34 cm thickness with suitable foundation, for covering the entire plot

boundary around the proposed site.

Earth Filling Cutting and Dressing

Area shall have to be filled up, consolidated, levelled and nearly dressed upto

required formation levels. In case earth is required over and above the surplus

excavated for the same, the Tenderer shall have to arrange good sheet earth

from its own resources and provide for same in their offer. Filling of such earth

in layers with proper consolidation as per specifications shall be done.

Walkway and Pathway/Footpath

All Elevated RCC walkway 1.2 m wide shall be of RCC with M-20 grade

concrete. The floor of the walkway shall be finished smooth with 40 mm thick

cement concrete. It shall be provided with one meter high GI pipe railing on

both sides of the walkway with connecting platforms.

All pathway and footpath over ground connecting individual units to

bituminous road shall be 1.2 m wide and be 100 mm thick cement concrete

(1:3:6) finished with 40 m thick (including base mortar 1:4) checkered cement

concrete tiles. The base concrete to be laid on 150 mm thick hard core with

40 mm down stone ballast and morrum rammed and consolidated properly as

per direction of Engineer.

OR MS (Mild Steel) as per standard specification and best engineering

practices.

Roadway

Roads as per lay out shall be provided around all units as directed.

Parking Space

Adequate parking space should be provided. The area shall be paved as per

WBM specification.


Chapter 5

PART – 1.0: PUMPS FOR SEWAGE PUMPING

1.1. GENERAL DESIGN CONDITION SUBMERSIBLE NONCLOG PUMPS FOR SEWAGE PUMPING

The pumps shall be of non-clogging equipped to operate satisfactorily for

pumping sewage from sump well to STP. Lean Flow, Mean Flow to be

managed. Accordingly, pump configuration with 100% standby should be

provided.

The pump shall be submersible with the suction and delivery branches cast

inline on the bottom half of the casing, the top half should be constructed to

allow easy dismantling there by providing the facility of inspection and repair

to the equipment without any difficulty. The rotating elements of pumps will

be dynamically balanced and over stressing should not occur due to sudden

failure of power & reverse rotation should not damage the pump.

The pump shall be so designed as to have a maximum flow capacity of not less

than 110%

1.2. CODES AND STANDARDS

The designed performance requirement, material requirements,

manufacturer, inspection and testing of the pumps shall generally comply with

the requirements of all applicable Indian/British/American/DIN/ISO standard,

in particular the following:

IS 5120 : Technical requirements – Ro to dynamic special purpose pumps

IS 5600 : Sewage and drainage pumps

IS 9137 : Code for acceptance for centrifugal, mixed flow and axial flow pumps

1.3. DESIGN AND CONSTRUCTION

a) Each pump shall be a mono unit, equipped with a motor on single shaft, with rating so selected as to have at least 15% margin over the maximum power required by the pump throughout its range of operation.

b) Motor shall be of submersible squirrel cage induction motor type, F class, Oil filled, suitable for 415 volts (+6%-15%) & 50Hzs (+/-3%).

1.4. PUMP CASING

a) Casing shall be so designed to allow free passage of specified maximum size of solid.

b) Casing shall be designed to withstand the maximum shut off pressure developed by the pump


c) The casings shall be cast, free from blow hole, sand holes, other detrimental defects. The casing shall be complete with suction and discharge connections.

d) For pumps adequate seal arrangement shall be made to keep leakage of liquid from casing to column assembly to minimum and adequate drain shall be provided in column assembly to permit escape of the leakage flow. The casing shall also include the bearing housing of the bottom pump shaft bearing.

1.5. IMPELLER

The impeller shall be non-clog type, cast in one piece and specially designed to pass large solids or unscreened liquids. The clearance between stationary and moving parts should be such as to allow sustained performance without excessive maintenance.

1.6. PUMP SHAFT

a) Shaft size selected shall be such that critical speed is at least 20% away from the operating speed and the runway speed.

b) The shaft shall be ground and polished to final dimension and of ample size to withstand all stresses resulting from rotor weight, hydraulic loads and across the line starting.

1.7. BEARINGS

a) Adequate nos. of properly designed bearings shall be furnished. Bearing for fixed type sump pumps shall be oil lubricated and bearings shall be antifriction type.

b) Thrust bearing of adequate design shall be furnished for taking the entire pump thrust arising from all probable condition of continues operation throughout its “Range of operation” and also the shut off condition life of thrust bearing shall be 20,000 working hour minimum for the load corresponding to the duty point.

1.8. WEARING RING/ PLATE (As required)

Renewable wearing rings/ plates shall be provided either on impeller or on the casing or on both impeller and casing.

1.9. BOLTS NUTS AND WASHERS

All bolts, nuts and washers shall be of SS-304.

1.10. PRESSURE INDICATION DEVICE

Each installation shall be equipped with pressure gauges of good quality make

to give indication of delivery pressure. The pump pressure gauges should be

designed in such a way that the readings shall not be affected due to

mechanical vibration. The connections sizes shall be 12mm and diameter size

150mm in addition to above each pump shall be fitted with electronic pressure


transducer with electronic digital display type indicator in control panel to

indicate the delivery pressure of the pump.

1.11. MATERIAL AND CONSTRUCTION

Material of construction of pump shall be such as to resist erosion & corrosion.

Material of construction of various components shall be as under

Pump casing CI Impellers CI Pump shaft AISI -410 Nuts, Bolts & Washers SS-304

1.12. INSPECTION AND TESTING

All the inspection, examination and testing shall be carried out in accordance

with relevant IS/BIS/ISO and standard specification.

1.13. LABORATORY TEST

Laboratory pump test shall be carried out as per IS: 9137, with latest

amendment each pump to assess the pump discharge Vs head, Horse Power

(hp) and efficiency figure. The pump casing shall be subjected to a pressure

test of 1.5 times the working pressure at duty point

1.14. FIELD TEST

If need be the field test be carried out as per IS: 9137, with latest amendment

these test may be witnessed by the Engineer-In-Charge or his authorized

representative. If they desire the tolerance as specified in relevant IS code of

practice shall not be quoted efficiency of pump during the testing.

1.15. GUARANTEES PERFORMANCE & TECHNICAL PARTICULARS

The contractor shall submit the details of guaranteed performance and

technical particulars as required and the preliminary out line drawing

indicating principal dimension and weight of pumping equipment and cross

section drawing indicating the assembly of pumps & major parts thereof with

materials of construction and special features, complete descriptive and

illustrated literature on the equipment and accessories offered& proposed to

be used before initiation of procurement and approval of QAP.

PART – 2.0: SPECIFICATION FOR INDUCTION MOTORS

2.1. TYPE

The motor shall be horizontal SOLID shaft squirrel cage type for clear water

pumps suitable to operate on 415 V, 3 phase, 50 Hz. AC supply (with allowable

variation of 10%) directly coupled with pumps. The rotations of clear water


pumps shall be 1500 RPM. The motor rating generally conform to latest

revision of IS 325-1996 and other relevant BS/IS/ISO.

2.2. VARIATION IN SUPPLY VOLTAGE

The motors shall be capable of delivering integrated output and rated power

factor with following variations:

VOLTAGE : +10%

FREQUENCY : +5%

COMBINED : +10%

PHASE IN BALANCE : +5%

2.3. RATED CAPACITY

The minimum continuous rated capacity of motors shall be such that it meets

the power requirements of pumps in the complete range of its operations. It

shall also provide additional power requirement in the motor by 5% at the

maximum power requirement or by 10% at the duty point of operation

whichever is maximum. The contractor shall ascertain the KW requirement

and provide the motors of suitable capacity.

2.4. ACCELARATION CHARACTERISTICS

The accelerating characteristics of motor shall be matched with the driven

equipment so that acceleration is obtained without over heating of motors.

2.5. METHOD OF STARTING

The motors shall be designed for star/delta/soft/starting at full voltage with

starting current not exceeding 2 times the rated full load current. The motor

shall also be designed for a minimum pull out torque of 200%.

2.6. NUMBER OF START

Motors when started with the drive imposing its full starting torque under the

specified supply voltage variation shall be capable of withstanding at least two

successive starts from hot condition and one start from cold condition without

damage to the winding.

2.7. CLASS OF INSULATION

The motor winding shall be provided with insulation conforming to thermal

class F. The maximum temperature rise of the winding shall not exceed the

limits specified for class 'B' insulation. The insulation shall be given tropical

and fungicidal treatment for successful operation of motor in hot, humid

tropical climate. It shall be of thermo-setting type and shall remain unaffected

by heat. The coils shall be highly uniform with uniform insulation strength and


uniform dielectric losses. The dielectric losses shall be low and the star delta

measurement should not exceed 1% at 440V.

2.8. MOTOR CONSTRUCTION

The motor construction shall be suitable for easy dismantling and reassembly

at site with the help of simple overhead crane. The motor shall be of core pack

construction attached to the stator frame to facilitate easy removal and

replacement of the winding for maintenance purpose. The overhead for

winding at both ends of the core shall be accessible for usual inspection

without resorting to major dismantling.

2.9. MOTOR FRAME

Motor frame shall be of rigid cast steel. They shall be suitably annealed to

eliminate up any residual stresses introduced during process of fabrication

and machining.

2.10. STATOR LAMINATIONS

Stator laminations shall be made of suitable grade sheet varnished on either

side and shall be adequately designed to avoid over heating during the starting

and running conditions stipulated above.

2.11. ROTOR

Rotor should be desisted dynamically balanced and having carbon steel shaft

hydraulically fitted.

2.12. LOCKED ROTOR WITH STAND TIME

Locked rotor with stand time under hot conditions at 110% voltage shall be

more than starting time at minimum permissible voltage by at least two

seconds.

2.13. TYPE OF ENCLOSURE & DEGREE OF PROTECTIONS

The degree of protection provided by the enclosures of motor shall conform

to IS: 4691 (1985). The enclosure for the motors shall be Closed Air Circuit Air

Cooled (CUIDSSMT) type, having of protection I.P. 55.

2.14. SHAFT INSULATION

Suitable insulation shall be provided on shaft bearing housing to prevent shaft

current. The insulation provided shall be such that it shall retain its dialectical

properties even after its handling for number of times during dismantling and

reassembly.


2.15. BEARING ASSEMBLY

Bearing assembly shall be such that it prevents dust and water from getting

into the bearing. Further, bearing lubricant shall not find access to the motor

winding. The bearing assembly shall be provided with proper lubricating

nipples.

2.16. EARTHING

The motor body shall have two separate earthling terminals for earthling in

compliance with I.E. RULES.

2.17. TERMINAL BOXES

Separate terminal boxes shall be provided for main Terminals of the motors

and for R.T.D. and for space heaters. The terminals box for main terminals of

motor shall be segregated type suitable for 3 core. 440 V. Aluminium

conductor PVC insulated armored cables. The terminal boxes shall be

spacious, dust & house proof designed and properly insulated. Adequate

clearance should be given between live motor terminals and covers.

2.18. TEMPERATURE DETECTORS

Motors shall be provided with embedded temperature detectors, two for each

phase winding at the location where the high temperatures may be expected

in the stator winding. The temperature detectors shall also be provided in

bearing assembly for monitoring the bearing temperature. The temperature

detectors shall be connected with digital temperature scanners with alarm

and trip points in the control panel.

2.19. ANTI - CONDENSATION HEATERS

Motors shall have space heaters suitable for 240 V. single phase 50 Hz. A.C.

supply, space heaters shall have adequate capacity to maintain motor internal

temperature above due point to prevent moisture condensation on insulation

during shut down periods.

2.20. DIMENSIONS OF MOTORS

Motors shall be properly dimensioned to have greater stability and low

vibration limits. Mounting dimensions should confirm to IS: 2254(1985).

2.21. COUPLING TO PUMPS

The motors shall be coupled to the pumps by means of polished steel shaft

and flexible coupling. The size of line shaft and flexible coupling shall be

calculated on the basis of maximum combined shear stress as per the relevant

IS and shall not exceed 30% of the elastic limit in tension or 10% of ultimate

tensile stress, shaft shall be designed taking into consideration that critical

speed of the shaft which shall be higher than the operating or runaway speed.


2.22. DETAILS OF MOTORS TO BE FURNISHED

The successful TENDERER shall furnish, the details of efficiency, total losses

and power at different loads etc. as required in the form of guaranteed

performance and technical particulars of motors in before procurement and

approval of QAP.

2.23. TESTING

All the motors shall be tested at the manufacturer’s workshop in the presence

of Engineer-in-charge of work or his authorized representative or a third party

inspection directed by Employer.

PART-3.0: CABLING AND MOTOR CONTROL

3.1. PANEL CABLE SEWAGE PUMP HOUSE

In case of sewerage pump house, the soft starter panel of each motor of

sewage centrifugal pump shall be connected in L.T. panel in the pump house,

through 300sqmm 3-1/2 core armored cable. Thus in all 2 Nos. of 300sqmm

3-1/2 core armored cable shall be laid in suitable duct and as per I.E. RULE and

a loop of about 1m should be given in each cable.

3.2. REACTOR TYPE MOTOR SOFT STARTER [MOTOR CONTROL PANEL]

TECHNICAL SPECIFICATIONS:

TYPE OF SOFT STARTER NEUTRAL/LINE REACTOR SOFT STARTER

PRINCIPAL SRSS[SERIES REACTOR SOFT STARTER]

APPLICABLE STANDARD IS 3914(1967) [MOTOR STARTER STANDARD GUIDELINE]

REACTOR AIR CORE TYPE 100% COPPER WINDING

REACTOR CONNECTION REACTOR TO BE IN SERIES ON LINE OF MOTORS

STARTING CURRENT LIMIT 2-3 TIMES OF FLSC IN STEPS [DEPENDING UPON LOAD TORQUE REQUIREMENT AND SETTABLE AT SITE]

HARMONIC

REACTORS USED IN SOFT STARTERS CIRCUITS OF AIR CORE SHOULD NOT DEVELOP HARMONIES IN THE

CIRCUITS

DUTY CYCLE 6 NO EQUAL SPACED STARTS /PER HOUR

METHOD OF COOLING AIR COOLED

Specifications for other items should be equipped with required switch gear

protections and indications


3.3. PUMP WELL WATER LEVEL INDICATOR

One No. electrical water level indicator with alarming system shall be provided

for the pump well near which the pump house of sewage has been

constructed.

3.4. CIVIL WORK

3.4.1. Construction of covered cable trenches / cable tray from L.T. panel to panel

board in pump house. The cable trenches should be covered with sand and

type should be broken type connected to bridge with bolts etc. by suitable civil

work and shall be covered with chequered plates of 7 mm (minimum)

thickness.

3.4.2. Construction of all other allied civil works required for erection of pump and

motor with all foundation, bolts, nuts and washers including all work

pertaining to it.

PART – 4.0: NON RETURN VALVE

4.1. GENERAL

The non-return valves shall be single door type, free acting quick opening,

giving rapid non-clam closure & with low head loss characteristics when in

open position. The valves shall be provided with by passes and isolating valves

conforming to relevant Indian Standard.

Specification of the valves shall generally conform to IS: 5312(1986) (Part-II)

4.2. MATERIALS OF CONSTRUCTION

Body, Cover, Door and Hinges: Cast steel construction

Hinge pins, Door pins & Door: 12% Chromium steel conforming to IS:1570

Suspension pins

Bearing Bushes: Leaded Gun Metal Gr. 2, Conforming to IS: 318

Body rings and door faces: Leaded Gun Metal Gr.2, conforming to IS: 318

4.3. TESTING

The valves shall be subjected to closed ends tests as per relevant IS standard.

Test certificate in triplicate shall be furnished. If necessary, test shall be

witnessed by the Engineer's representative.

WORKING PRESSURE : 20 Kg/Sqm TEST PRESSURE BODY : 40 Kg/Sqm SEATING : 20 Kg/Sqm


PART – 5.0: DELIVERY PIPES

5.1. GENERAL

The scope of the work is providing, laying & jointing of all delivery pipes,

specials valves of all the pump and their connection to the common manifold

as per drawing inclusive of the jointing of the manifolds to the respective

conveyance mains.

5.1.1. The contractor shall design and fabricate the common manifold which would

be made out of 6mm thick MS plates conforming to IS: 2026 (2011) in such a

way that it gives minimum frictional loss of head to the flow of water and also

avoid cavitation’s or vortices in the manifold. The manifolds should be in line

and coated with suitable material to protect it from corrosion in case of

sewage

5.1.2. The contractor shall provide an expansion joint of his own design duly

approved by the Engineer-in-charge

5.1.3. Flanged joints shall be adopted for valves and butt welding joints or flanged

joints in jointing of delivery pipe with dismantling joints.

5.1.4. Concrete saddles for valves and thrust blocks shall be provided by the

contractor as per the design and drawings to be furnished by the contractor

and subsequently approved by Engineer-in-charge.

5.2. MATERIAL OF CONSTRUCTION

All the pipes of works shall be fabricated out of steel plates conforming to

IS:2026-2011. The fabrication of pipes shall generally conform to IS: 3589-

2001.

5.3. TESTING

The pipes and common manifold shall be hydraulically tested to a pressure of

2 times the working pressure. Test certificate to that effect shall be furnished

by the contractor.

The Engineer-in-charge witness the above test if so desired, the contractor

shall arrange for such test in presence of Engineer-in-charge.

PART –6: RATING AND NAME PLATES

6.1. RATING PLATE

Each main and auxiliary item of plate shall have permanently attached to it a

rating plates in a conspicuous position. This shall be a non-corrodible material

preferably chromium plates steel. The inscription shall be engraved in black

on the plate.


6.2. NAME PLATE

6.2.1. Each item of plant shall be provided with a name plate or label designating the

service of the particular equipment. The shape and size of the plate and

inscription shall be approved by the Engineer-in-charge.

6.2.2. Such name plate shall be non-corrodible material preferably chromium plated

steel having engraved black lettering.

6.2.3. In case of indoor equipment like circuit breakers, starters etc. the plate shall

be of transparent plastic material with black lettering engraved on the back.

6.2.4. The name plate shall be screwed to the body of the equipment.


Chapter 6

Specification Road Work

The specification for road work shall be governed by “Specifications for Road and

Bridge works, (5th Revision, 2013) Ministry of Road Transport and Highways, Govt. of

India”.

The Sections- 200,400,500 and 600 of specifications for Road and Bridge works, (5th

Revision, 2013) Ministry of Road Transport and Highways, Govt. of India and relevant

IRC codes shall also apply.


Chapter 7

Suggested Brands of Equipment

The following manufacturers are recommended to be used for the proposed work.

The Bidders may substitute alternative equivalent brand names with prior approval of

Engineer in charge.

Sr.

No. Item/ Component Recommended Makes

1 TRANSFORMER NGEF, CROMPTON, ALSTOM,

KIRLOSKAR,VOLTEMP, BTCL, TESLA

2 33 KV VCB CROMPTON, ALSTHOM, ABB, JYOTI,

SIEMENS, BHEL, NIEPE-BANGLORE

3 AIR CIRCUIT BREAKER L & T, SIEMENS, ABB, JYOTI, CROMPTON,

C & S

4 CTS PTS CROMPTON, ALSTHOM, UNIVERSAL,

JYOTI, C&S

5 33 KV LIGHTING ARRESTER IGE, OBLUM ALPRO, CROMPTON

6 RELAYS L & T, SIEMENS, ABB, JYOTI, C&S

7 AIR BREAKS SWITCHES SIL, WSL, KIRON TEXTILE

8 POST AND DIS INSULATORS SIL, WSI, KIRON TEXTILE, ATLAS

JAIPURIA,JYOTI

9 ALUMINUM TUBULAER

BUSBAR

AS PER IE RULE AND AS PER RELATIVE

STANDARD

10 CABLES FINOLEX UNIVERSAL HAVELLS NICCO CCI

11 DROP OUT FUSES SIL, WSI, KRON TEXTILE, ATLAS, JAIPURIA

12 EARTHING MATERIAL AS PER IE RULES AND AS PER RELATIVE

STANDARD

13 SAFETY DEVICE AS PER IE RULE AND AS PER RELATIVE

STANDARD

14 METERS AE, MECO, SECURE METERS,GENIUS

15 VT AND CENTRIFUGAL PUMP KIRLOSKAR / JYOTI / MATHER+PLATT /

WPIL/ DARLING /AQUA

16 PUMP MOTOR KEC/KIRLOSKAR/ JYOTI / CROMPTON /

ABB / ALSTOM / SIEMENS


Sr.


17 ELECTRO MAGNETIC FLOW

METER

KROHNE-MARSHALL / YOKOGAWA /

EMERSON- ROSEMOUNT.

18 SLUICE VALVE / SCOUR

VALVE/BUTTERFLY

KIRLOSKAR / IVC / VAG / IVI / MARCK/

FOURESS

19 NON-RETURN / CHECK VALVE KIRLOSKAR / IVC / VAG / IVI / MARCK

20 KINETIC AIR VALVE KIRLOSKAR / IVC / VAG / IVI / MARCK

21 VALVE ACTUATOR AUMA / ROTORK / LIMITORK

22 SINGLE FACED SLUICE GATE /

STOP-LOG KIRLOSKAR / JASH / VAG

23 FLOW & PRESSURE

REGULATING VALVE DARLING MUESCO / VAG / KEYSTONE

24 ELECTRO-MAGNETIC FLOW

METERS – BATTERY OPERATED

EMERSON / KROHNE MARSHALL /

YOKOGAWA

25 WATER HAMMER CONTROL SURESEAL OR EQUIVALENT

26 D.I. PIPE SPECIALS & FITTINGS ELECTROSTEEL / KISWOK / JINDAL /

KEJARIWAL

27 ELECTRO-FUSION &

COMPRESSION FITTINGS

GLYNWED / GEORG

FISHER/ASTORE/MAGNUM

28 POWER TRANSFORMERS ABB / CROMPTON / EMCO / SIEMENS /

ALSTOM

29 HT SWITCH GEAR ALSTOM / JYOTI / CROMPTON / SIEMENS

30 VACUUM CIRCUIT BREAKER

(VCB) SIEMENS / SCHNEIDER M.G. / JYOTI / L & T

31 AIR CIRCUIT BREAKER (ACB) SIEMENS / SCHNEIDER M.G. / JYOTI / L & T

32 MOULDED CASE CIRCUIT

BREAKER MCCB SIEMENS / SCHNEIDER M.G. / JYOTI / L & T

33 SOFT STARTERS SIEMENS / ALSTOM / JYOTI / ABB

34 RELAY AND CONTACTORS SIEMENS / ALSTOM / JYOTI / ABB / L&T

35 CABLES TROPODUR / FINOLEX / ASIAN / GLOSTER

/ INCAB / UNIVERSAL / POLYCAB


Sr.


36 EOT CRANE HITECH / INDEF / HIKING / AMBIKA

37 PROGRAMMABLE LOGIC

CONTROLLERS (PLC)

ROCKWELL (ALLEN BRADLY) / SIEMENS /

HONEYWELL

38 PANEL ENCLOSURES AND

CONSOLES RITTAL / PRESIDENT / CUTLER HAMMER

39 ULTRASONIC TYPE LEVEL

MEASUREMENT DEVICE

ENDRESS+HAUSER / KROHNE MARSHALL /

HYCONTROL UK.

40 FLOAT & BOARD TYPE LEVEL

MEASURING SYSTEM

NIVO (TOSHNIWAL), ENDRESS + HAUSER,

PUNE TECHTROL

41 SWITCH FUSE DISCONNECTOR L & T, FN TYPE, SIEMENS, GEPC

42 MULTI-FUNCTION ENERGY

METERS ENERCON, L & T, SOCOMEC

43 CAPACITOR BANK CROMPTON GREAVES, KHATAU JUNKER,

MALDE, L &T

44 CABLE TERMINATION KIT RAYCHEM, DENSON, M-SEAL

45 BATTERY HBL NIFE, EXIDE, AMCO

46 BATTERY CHARGER CHAABI ELECTRICAL, MASSTECH

47 TACHO METER ON LINE KANA ELECTRIC, PROTON, JAY SHREE

ELECTRONICS

48 PRESSURE SWITCH INDFOSS, SWITZER,TAG PROCESS

INSTRUMENTS

49 FLOW SWITCH SWITZER, GENERAL INSTRUMENT,FORBES

MARSHALL

50 PRESSURE GAUGE WAREE, WIKA, AN INSTRUMENTS, GURU,

HITEK

51 PRESSURE TRANSMITTER EMERSON, FOXBRO, DRUCK, ENDRESS –

HAUSER, ABB, HONEYWELL AUTOMATION

52 ENGINEERING CUM OPERATOR

WORK STATION IBM, COMPAQ, DELL

53 PRINTER EPSON, HP, CANNON, WIPRO

54 LOCAL SUPERVISORY STATION IBM, COMPAQ, DELL


Sr.


55 HMI SOFTWARE WINCC, RS VIEW, MONITORPRO,

INTELLUTION, INDUSOFT

56 ALARM ANNUNCIATOR MINILEC, PEACON, ICA, APLAB

57 UNINTERRUPTIBLE POWER

SUPPLY HI-REAL, PULSE, TATA LIBERT, APC, APLAB

58 INSTRUMENTS & CONTROL

CABLES

DELTON, ASIAN, SERVEL, TCL,

THERMOPAD

59 RECEIVER INDICATOR/DIGITAL

PANEL METER

MASIBUS, YOKOGAWA, LECTROTEK,

NISHKO, SAITECH, MTL INSTS

60 INTERCOM SYSTEM BETEL, SAMSUNG, TATA, PANASONIC,

MATRIX

61 CONDUCTIVITY LEVEL SWITCH PUNE TECHTROL, KROHNE MARSHALL,

E+H

62 MULTIFUNCTION POWER

MONITOR

MASIBUS, L&T, ENERCON, SOCOMECH,

SECURE, DAE

63 TEMPERATURE SCANNER SAITECH, MASIBUS, NISHKO, LECTROTEK

64 ANALOG SIGNAL MULTIPLIER MASIBUS, SAI TECH, MTL INSTS, NISHKO

65 PORTABLE VIBRATION

MEASURING EQUIPMENT

SHRENK EVERY, IRD, STM INSTRUMENT,

TIME

66 PORTABLE SOUND MEASURING

EQUIPMENT CENTER, MECORD, CYNGET

67. Centrifugal Pumps Kirloskar, KSB, ABS, Grundfos, Aqua

68. Bar screens Jash-Eng, Johnson screen, Huber, Smith &

Lovless

69. Grit removal Jash-Eng, Johnson screen, Huber, Smith &

Lovless

70. Valves Audco, IVC, Kirloskar, VAG

71. Air Blowers Aerzen, Gardner Denver, Howden,,

Robushi

72. Air Diffusers Rehau, OTT, EDI

73. MBR Modules GE, QUA, Mitsubishi, Kubota


Sr.


74. UF Modules GE, SBS-Kuraray, Mitsubishi, Kubota

75. Volute Sludge press Amcon, Huber, PW tech

76. Submersible pumps Kirloskar, KSB, ABS, Grundfos, Aqua

77. MBBR Media Aqwise, Kaldness, Headworks, SBS-

Kuraray


Annexure 11

AGREEMENT FORM

AGREEMENT

(On Non Judicial Stamp Paper of Rs. 1000.00)

This agreement, made on the day of __________________ between (name and

address of Employer) (hereinafter called “the Employer) and ________________

(name and address of contractor) hereinafter called "the Contractor" of the other part.

Whereas the Employer is desirous that the Contractor execute _________________

(name and identification number of Contract) (hereinafter called "the Works") and the

Employer has accepted the Bid by the Contractor for the execution and completion of

such Works and the remedying of any defects therein, at a cost of Rs. _____________

(Indian Rupees _________ only).

NOW THIS AGREEMENT WITNESSED as follows:

1. In this Agreement, words and expression shall have the same meanings as are

respectively assigned to them in the conditions of contract hereinafter referred'

to and they shall be deemed to form and be read and construed as part of this

Agreement.

2. In consideration of the payments to be made by the Employer to the Contractor

as hereinafter mentioned, the Contractor hereby covenants with the Employer

to execute and complete the Works and remedy any defects therein in

conformity in all aspects with the provisions of the contract.

3. The Employer hereby covenants to pay the Contractor in consideration of the

execution and completion of the Works and the remedying the defects wherein

Contract Price or such other sum as may become payable under the provisions

of the Contract at the times and in the manner prescribed by the Contract.

4. The following documents shall be deemed to form and be ready and construed

as part of this Agreement viz.

i. Letter of Acceptance

ii. Contractor's Technical and Financial Bid

iii. Condition of Contract: General and Special

iv. Drawings

v. Specifications


vi. Any other documents listed in the Tender document as forming part of the Contract.

In witnessed whereof the parties there to have caused this Agreement to be executed

the day and year first before written.

The Common Seal of affixed in the presence of:

Signed, Sealed and Delivered by the said ____________________________________

in the presence of:

Binding Signature of Employer : ________________________________

Binding Signature of Contractor : ________________________________

*****


Annexure 12

BRIEF INFORMATION ON TECHNOLOGY PROPOSED

1. Name of Technology:

2. Brief Introduction of the Technology:

3. Process description:

4. Components of the technology:

i. Electro-Mechanical

ii. Civil

iii. Instrumentation

5. Working Principle:

6. Schematic Diagram: Schematic Description of Process Flow

7. Plan Diagram: Representation of components above ground and underground

Area required above ground: ___ sq. km.

Area required below ground: ___ sq. km.