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FICHTNER Consulting Engineers ( India ) Private Limited.

Subject Doc. No. Rev. Vol. / Sec.

EPC TENDER SPECIFICATION I / 5


FOR 1 X 20 MW TPP AT 3040720001-PM-SPC-700-001 B Sheet No.
JAINTIA HILLS, MEGHALAYA
1

SECTION - 5

PRICE SCHEDULE AND


SPECIAL CONDITIONS OF CONTRACT
(CIVIL)
FORMT9-P REV-B (MUM)

VOLI-S5-Special Cond-Civil SMK / CIVIL 07-07-2008


FICHTNER Consulting Engineers ( India ) Private Limited.
Subject Doc. No. Rev. Vol. / Sec.

EPC TENDER SPECIFICATION I / 5


FOR 1 X 20 MW TPP AT 3040720001-PM-SPC-700-001 B Sheet No.
JAINTIA HILLS, MEGHALAYA
2

SECTION - 5

PRICE SCHEDULE AND


SPECIAL CONDITIONS OF CONTRACT
(CIVIL)

CONTENTS

CLAUSE NO. DESCRIPTION SHEET NO.

1.0 GENERAL 3

2.0 STATUTORY APPROVAL FOR WORKS 3

3.0 CONTRACT PRICE 3

4.0 TERMS OF PAYMENT 3

5.0 BANK GUARANTEE 4

6.0 TAXES AND BENEFITS 5

7.0 TIME SCHEDULE AND LIQUIDATED DAMAGES (LD) FOR


DELAY 5

8.0 TEST ON COMPLETION 5

9.0 LIQUIDATED DAMAGES (LD) FOR NON-PERFORMANCE 6


FORMT9-P REV-B (MUM)

VOLI-S5-Special Cond-Civil SMK / CIVIL 07-07-2008


FICHTNER Consulting Engineers ( India ) Private Limited.
Subject Doc. No. Rev. Vol. / Sec.

EPC TENDER SPECIFICATION I / 5


FOR 1 X 20 MW TPP AT 3040720001-PM-SPC-700-001 B Sheet No.
JAINTIA HILLS, MEGHALAYA
3

SECTION - 5

PRICE SCHEDULE AND


SPECIAL CONDITIONS OF CONTRACT

1.0 GENERAL

1.1 Contractor shall submit item, building / structure wise billing schedule inline with EPC
tender specification along with cash flow statement.

1.2 Contractor shall strictly follow the above billing schedule and cash flow statement in
execution of contract.

2.0 STATUTORY APPROVAL FOR WORKS

All statutory clearance/approvals for works are in Contractor’s scope except


clearances from State Electricity Board (SEB) under sec-44, Pollution Control Board &
Aviation clearance which are in owner’s scope. However, all supporting papers and
desired assistance are to be provided by Contractor.

3.0 CONTRACT PRICE

3.1 Total contract price for Civil, structural and architectural


works as per technical scope inclusive of local as well
as central sales tax, excise duty, work contract tax,
insurance etc. but excluding local entry tax / octroi at
actual for 1 x 20 MW TPP for NPCL. :

3.2 Unit Rate of Excavation in Hard rock where blasting is


prohibited (Rs. per m3)

3.3 Unit Rate of Excavation in Hard rock where blasting is


permitted (Rs. per m3)

4.0 TERMS OF PAYMENT

4.1 The terms of payment for the civil works are detailed herein.

4.2 For the construction till take over by Owner.

a) Interest free advance against BG 10% of contract value


b) On site mobilisation 5% of contract value
c) Release of major construction drawings
(Boiler & ESP foundation, TG building upto 1st
FORMT9-P REV-B (MUM)

floor, STG foundation, WTP building


foundation, compressor house foundation,
Chimney foundation, RW / FW reservoir
drgs.,) 5 % of contract value

VOLI-S5-Special Cond-Civil SMK / CIVIL 07-07-2008


FICHTNER Consulting Engineers ( India ) Private Limited.
Subject Doc. No. Rev. Vol. / Sec.

EPC TENDER SPECIFICATION I / 5


FOR 1 X 20 MW TPP AT 3040720001-PM-SPC-700-001 B Sheet No.
JAINTIA HILLS, MEGHALAYA
4

d) Payment will be made on pro-rata basis


against monthly progressive construction bills
within 15 days of submission. 70% of contract value
e) Against successful commissioning
of plant 10% of contract value
5.0 BANK GUARANTEE
5.1 Security deposit from zero date to 10% of contract value
commissioning in the form of
Bank Guarantee.
5.2 Bank Guarantee for performance 10% of Contract Value.
valid from 2 months of LOI Bank Guarantee shall be submitted
up to commissioning by Contractor within two months
from LOI
5.3 Warranty Bank Guarantee valid from Bank Guarantee of 10% of
commissioning to Warranty Period. contract value will be submitted before
commissioning or guarantee under
clause 5.1 may be converted &
extended.

5.4 Liquidated Damages (LD)

a) LD for delay ½% of contract value per


(Commissioning delayed due to civil / week or part thereof for delayed
structural work not completed period (Max 5% of total contract
in time as per agreed schedule) value). To be recovered from last
& delay in mobilisation of manpower 10% payment or Bank Guarantee of
and construction of infrastructure performance, if applicable.

5.5 Defect Liability Period/Warranty 12 months from take over or 15 months


from commissioning, whichever is earlier.
5.6 Latent Defect Liability 60 months from commissioning.

5.7 Electricity & Water

The Contractor shall be entitled to use for the purposes of the Works such supplies of
electricity, water if available with client.

a) Rate of electricity in cement plant, as per mutually agreed terms we shall


provide electricity at two points only.

b) Rate of water at one point in Cement Plant as per mutually agreed rate.

c) Note
FORMT9-P REV-B (MUM)

Measuring meter of the above items will be in the scope of Contractor. Contractor
has to submit meter test certification from authorised agency.

VOLI-S5-Special Cond-Civil SMK / CIVIL 07-07-2008


FICHTNER Consulting Engineers ( India ) Private Limited.
Subject Doc. No. Rev. Vol. / Sec.

EPC TENDER SPECIFICATION I / 5


FOR 1 X 20 MW TPP AT 3040720001-PM-SPC-700-001 B Sheet No.
JAINTIA HILLS, MEGHALAYA
5

6.0 TAXES AND BENEFITS

6.1 Contract Price is inclusive of work contract tax and all other taxes, duties and levies
including, Insurance, excise duty, Sales Tax, but excluding local Entry Tax/Octroi if
applicable. The Contractor will apply for availing of Concessional rate of Works
Contract Tax to the State Govt. of Meghalaya.

6.2 Tax deducted at Source

Any tax, which Owner may be required to deduct by law/statute, shall be deducted at
source and shall be paid to the tax authorities on account of the Contractor. Owner
shall provide the Contractor a certificate for such deduction of tax.

6.3 Variation in taxes and duties

a) Sales Tax (CST) Only for change in CST rate

b) Works Contract Tax Any change will be passed on to the


Owner

c) ED Any change will be passed on to the


Owner (No reimbursement on account of
cenvat credit for civil items)

d) New Taxes On actual against documentary evidence

e) Octroi / Entry Tax Actual On actual against documentary evidence

f) Price escalation within duration of


contract Not allowed

7.0 TIME SCHEDULE AND LIQUIDATED DAMAGES (LD) FOR DELAY

The basic considerations shall be the strict adherence to the time schedule for
performing the specified `Works'.

The time for completion of civil & construction shall not be more than 15 (Fifteen)
months from the date of commencement, since the time for completion for
commissioning is 18 months from the date of commencement. However, if there is
delay in construction leading to a delay in commissioning beyond 18 months or if due
to faulty construction of structure commissioning is delayed, Bank Guarantee or 10 %
of contract value from last payment will be considered for applying LIQUIDATED
DAMAGES (LD) for delay. The LIQUIDATED DAMAGES (LD) will be 0.5% of contract
price per week or part thereof subject to a ceiling of 10% contract value.

8.0 TEST ON COMPLETION


FORMT9-P REV-B (MUM)

After all the construction work have been completed and proved safe for performance
testing of systems or power plant, the Owner shall conduct "reliability run" of Power
Plant and associated system at rated / available load for fifteen (15) days of
uninterrupted operation to their satisfaction. The Owner may decide to reduce the

VOLI-S5-Special Cond-Civil SMK / CIVIL 07-07-2008


FICHTNER Consulting Engineers ( India ) Private Limited.
Subject Doc. No. Rev. Vol. / Sec.

EPC TENDER SPECIFICATION I / 5


FOR 1 X 20 MW TPP AT 3040720001-PM-SPC-700-001 B Sheet No.
JAINTIA HILLS, MEGHALAYA
6

period of 15 days if he is satisfied with running of equipments of plant during the


intervening period.

After the satisfactory reliability run, the unit (buildings/structures) shall be considered
operationally reliable.

9.0 LIQUIDATED DAMAGES (LD) FOR NON-PERFORMANCE

A. For any defect in Civil / Architectural / Structural work, which may lead to power
plant not being able to deliver guaranteed performance (guaranteed by the
equipment supplier), the Contractor shall have to pay Liquidated Damages (LD)
at the rates in proportion to the LIQUIDATED DAMAGES (LD) of equipment
performance, with the ceiling of 10% of Contract Price.

B. Owner retains the option to reject the work wherever the workmanship affects
the operation of power plant and Contractor shall carry out necessary
modifications / replacement to make good the defects within reasonable time
with no extra cost to the owner. However, the L.D. for late completion will apply
in case of delay in the project completion.

C. The cumulative sum of all Liquidated Damages (LD) for delay in completion of
work and shortfall in performance will not exceed 15% of the Contract value.
FORMT9-P REV-B (MUM)

VOLI-S5-Special Cond-Civil SMK / CIVIL 07-07-2008

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