L Agreement Document: The Procurement of

l AGREEMENT DOCUMENT
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for
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1 THE PROCUREMENT OF
' i Name of Project.- Construction of Civil Structure
Contract ID: SGHPP/Works/CW/01/077/078

--,
--,
National Competitive Bidding (NCB)
IFB No. NCB/01/2077-78
Omega Energy Developer Pvt Ltd,

-
Chandol-04, Kathmandu
-
-,
Contract Agreement
THIS AGREEMENT made the Day of 2077/10/25 between Omega Energy Developer Pvt Ltd,
Chandol-Ila, Kathmandu (hereinafter "the Employer"), of the one part, and Kumar Shrestha
Nirman Sewa Pvt Ltd, Kancltanpur Nepal (hereinafter "the Contractor"), of the other part:
WHEREAS the Employer desires that the Works known as Construction of Civil Structure for
Suni Hydropower Project, Baj/tang District, (Contract No.:-SGHPP/Works/CW/01/077/078)
should be executed by the Contractor, and has accepted a Bid by the Contractor for the execution
and completion of these Works and the remedying of any defects in the sum of NRs
1,028,546,380.00 (In words Nepali Rupees One Billion Twenty-Eight Million Five Hundred
Forty-six Thousand Three Hundred and Eighty Rupees Only), exclusive of VAT (hereinafter "the
Contract Price").
The Employer and the Contractor agree as follows:
1. In this Agreement words and expressions shall have the same meanings as are respectively
assigned to them in the Contract documents referred to.
2. The following documents shall be deemed to form and be read and construed as part of this
Agreement.
(a) the Letter of Acceptance;
(b) the Letter of Bid;
(c) the Special Conditions of Contract;
( d) the General Conditions of Contract;
(e) Bills of Quantities (BOQ);
----, (f) the Specification;
(g) the Drawings;
(h) the Activity Schedules; and
3. In consideration of the payments to be made by the Employer to the Contractor as indicated in

this Agreement, the Contractor hereby covenants with the Employer to execute the Works and to
remedy defects therein in conformity in all respects with the provisions of the Contract.
4. The Employer hereby covenants to pay the Contractor in consideration of the execution and
completion of the Works and the remedying of defects therein, the Contract Price or such other
sum as may become payable under the provisions of the Contract at the times and in the manner
prescribed by the Contract.
5. The duration of the completion of the project is Jest/ta 30, 2080.
IN WITNESS whereof the parties hereto have caused this Agreement to be executed in accordance
)&� 6"',.
with the laws of Nepal on the day, month and year indicated above.
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Signed by.. .. .. . .. .. .. .. .. .. .. .. \\��
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Name: Lakendra Smgh . Badal ·�
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Designation: Chairman . .
D esignation: M anagmg . D'irector �Olfp �-a /,v
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Date: 25 Magh 2077 Date: 25 Magh 2077
for and on behalf the Contractor in the presence of for and on behalf of the Employer in the presence of
�,r,- i"w1hness,
Witness, Name Signature, A-J �h �'{� Name, Signature,
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Address f�hU>vf' WA J4 , Ju.�YV\#'\ Y}\ctdress,
Date Jo ft{ 10) � Date
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Omega Energy Developer Pvt. Ltd. Lot 03: Construction of Civil Structures
Suni Gad Hydropower Project ( 11.05 MW) Volume I Part 5: Bidding Forms (BDF)
TABLE OF PRICE ADJUSTMENT DATA

[To be used if Price Adjustment is applicable as per GCC 45.1)
Employer's
Bidder's
Source Base Value Proposed
l
Index Proposed
Code of and Date Weighting
Description Weighting
Index* (10/10/2020) Range
(coefficient)**
1' ( coefficient)
1 2 3 4 5 6
Non - I
0.15 0.15 I
Adjustable (A)
Labor (b) 0.25

0.15-0.25
Materials ( c) 0.40
0.30-0.40
Equipment
0.20-0.30 0.20
usage (d)
lI
Total 1.00
*Normally following source of index shall apply. Public Entity shall choose applicable Index for each item.
(a) Labor: "National Salary and Wage Rate Index"- "Construction Labor" of Nepal Rastra Bank
or rate fixed by District Rate Fixation Committee
(b) Material:"National Wholesale Price Index" - Construction Materials" of Nepal Rastra Bank
(c) Equipment usage: "National Wholesale Price Index" - Machinery and Equipment" of Nepal Rastra
Bank or "Fuel" Price fixed by Nepal Oil Corporation.
1 E.I. Maven Pvt. Ltd. Page I 3
1
Abbreviations
BD Bidding Document
BDF Bidding Forms
BDS Bid Data Sheet
BOQ Bill of Quantities
COF Contract Forms
DP Development Partners
ELI Eligibility
EQC Evaluation and Qualification Criteria
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EXP Experience
FIN Financial
GCC General Conditions of Contract
GoN Government of Nepal·
ICC International Chamber of Commerce
IFB . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Invitation for Bids
-,
ITB Instructions to Bidders
N Joint Venture
LIT Litigation
NCB National Competitive Bidding
PAN Permanent Account Number
PPA Public Procurement Act
PPMO Public Procurement Monitoring Office
PPR Public Procurement Regulations
PL Profit & Loss
SBD Standard Bidding Document
SCC Special Conditions of Contract
TS Technical Specifications
VAT Value Added Tax
WRQ Works Requirements
\
SUNI GAD HYDROPOWER PROJECT (11.05 MW)
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l National Competitive Bidding (NCB)
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IFB No. NCB/01/2077-78
Omega Energy Developer Pvt. Ltd

Kathmandu-4, Chandol
Phone no. 01-4429044
l email: omegaenergy73@gmail.com
I
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List of Documents: Construction of Civil. Structures
Volume 1: Bid Data Sheet and Conditions of Contract
Part 1: General Conditions of Contract (GCC)

Part 2: Special Conditions of Contract (SCC)
Volume 2: Work Requirements
Part 1: General Technical Specifications (GTS)

Part 2: Particular Technical Specifications (PTS)
1
Part 3: Tender Drawings
Part 4: Project Information for Bidders
l
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SUNI GAD HYDROPOWER PROJECT (11.05 MW)
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IFB No. NCB/01/2077-78

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I Phone no. 01-4429044
email: omegaenergy73@gmail.com
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l VOLUME 1: CONDITIONS OF
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CONTRACT
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Omega Energy Developer Pvt. Ltd. Construction of Civil Structures
Suni Gad Hydropower Project (11.05 MW) Part 1: General Conditions of Contract (GCC)
TABLE OF CLAUSES
General Conditions of Contract I
A. General 1
1. Definitions 1
2. Interpretation 3
3. Language and Law 3
4. Project Manager's Decisions 4
5. Delegation 4
6. Communications 4
I 7. Subcontracting 4
I
8. Other Contractors 4
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9. Personnel and Equipment 4
10. Employer's and Contractor's Risks .4
11. Employer's Risks 4
12. Contractor's Risks 5
13. Insurance 5
14. Site Investigation Reports 6
15. Contractor to Construct the Works 6
16. The Works to Be Completed within Completion Date 6
17. Design by the Contractor and Approval by the Project Manager 6
18. Safety, security and protection of the environment 6
19. Discoveries 7
20. Possession of the Site 7
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21. Access to the Site 7
22. Instructions, Inspections and Audits 7
23. Dispute Settlement 8
l 24.
25
Appointment of the Adjudicator/ DRC Members
Procedures for Disputes
8
8
B. Time Control 9
26. Program 9
1 27. Extension of the Intended Completion Date 9
28. Acceleration 10
29. Delays Ordered by the Project Manager 10
30. Management Meetings 10
31. Early Warning 10
C. Quality Control 10
32. Id
Suni Gad Hydropower Project (11.05 MW) Part I: General Conditions of Contract (GCC)
33. Tests ······························································· 11

34. Correction of Defects 11
35. Uncorrected Defects 11
D. Cost Control 11
36. Contract Price 11

37. Changes in the Contract Price 11
38. Variations 11
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39.
40.
Cash Flow Forecasts
Payment Certificates
12
12
41. Payments 13
42. Compensation Events 13
43. Tax 14
44. Currency 14
45. Price Adjustment 14
46. Retention 16
47. Liquidated Damages 16
48. Bonus 17
49. Advance Payment. 17
50. Securities 17
51. Day works 17
52. Cost of Repairs 18
E. Finishing the Contract 18
53. Completion 18
54. Taking Over 18
55. Final Account 18
56. Operating and Maintenance Manuals 18
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i 57. Termination 18
58. Fraud and Corruption 19
1 59. Black Listing

60. Payment upon Termination
20
20
61. Property 20
62. Release from Performance 20
63. Suspension of DP Loan/Credit/Grant. 21
F. Additional Clauses 21
64. Project Manager's Duties and Authorities 21

Quarries and Spoil Dumps 21
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6
Suni Gad Hydropower Project (11.05 MW) Part l: General Conditions of Contract (GCC)
68. Income Taxes on Staff 21

69. Duties, Taxes and Royalties 22
70. Member of Government etc., not Personally Liable 22
71. Approval of Use of Explosives 22
72. Compliance with Regulations for Explosives 22
73. Permission for Blasting 22
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75. Traffic Diversion 23
-, 76. Conduct of Bidders 23
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l Suni Gad Hydropower Project ( 11.05 MW) Part 1: General Conditions of Contract (GCC)
General Conditions of Contract
A. General
1. Definitions 1.1 Boldface type is used to identify defined terms.

(a) The Accepted Contract Amount means the amount accepted
in the Letter of Acceptance for the execution and completion
of the Works and the remedying of any defects.
(b) The Activity Schedule is a schedule of the activities
compnsing the construction, installation, testing, and
commissioning of the Works in a lump sum contract. It
includes a lump sum price for each activity, which is used for
valuations and for assessing the effects of Variations and
Compensation Events.
(c) The Adjudicator is the person appointed jointly by the
Employer and the Contractor to resolve disputes in the first
instance, as provided for in GCC 23 .2 hereunder.
(d) Bill of Quantities means the priced and completed Bill of
Quantities forming part of the Bid.
I (e) Compensation Events are those defined in GCC 42
I hereunder.
(f) The Completion Date is the date of completion of the Works
l as certified by the Project Manager, in accordance with GCC
53.1.
l
(g) The Contract is the Contract between the Employer and the
Contractor to execute, complete, and maintain the Works. It
consists of the documents listed in GCC 2.3 below.
(h) The Contractor is the party whose Bid to carry out the Works
has been accepted by the Employer.
(i) The Contractor's Bid is the completed bidding document
submitted by the Contractor to the Employer.
(j) The Contract Price is the Accepted Contract Amount stated
l
in the Letter of Acceptance and thereafter as adjusted in
accordance with the Contract.
(k) Days are calendar days; months are calendar months.
(I) Day works are varied work inputs subject to payment on a
time basis for the Contractor's employees and Equipment, in
addition to payments for associated Materials and Plant.
(rn) A Defect is any part of the Works not completed in accordance
with the Contract.
(n) The Defects Liability Certificate is the certificate issued by
Project Manager upon correction of defects by the Contractor.
l Suni Gad Hydropower Project (11.05 MW)
(p)
Part I: General Conditions of Contract (GCC)
Drawings include calculations and other information provided

or approved by the Project Manager for the execution of the
Contract.
(q) The Employer is the party who employs the Contractor to
cany out the Works, as specified in the SCC.
(r) Equipment is the Contractor's machinery and vehicles
brought temporarily to the Site to construct the Works.
(s) Force Majeure means an exceptional event or circumstance:
which is beyond a Party's control; which such Party could not
reasonably have provided against before entering into the
Contract; which, having arisen, such Party could not
reasonably have avoided or overcome; and, which is not
substantially attributable to the other Party.
l (t) The Initial Contract Price is the Contract Price listed in the
Employer's Letter of Acceptance.
-.
The Intended Completion Date is the date on which it is
I (u)
intended that the Contractor shall complete the Works. The
Intended Completion Date is specified in the SCC. The
l Intended Completion Date may be revised only by the Project
Manager by issuing an extension of time or an acceleration
order.
l (v) Letter of Intent is the letter of the Employer expressing his

intention to award the contract.
l (w) Letter of Acceptance means the formal acceptance by the

Employer of the Bid and denotes the formation of the contract
at the date of acceptance.
(x) Materials are all supplies, including consumables, used by the
Contractor for incorporation in the Works.
I (y) "Party" means the Employer or the Contractor, as the context

I requires.
(z) SCC means Special Conditions of Contract
l
(aa) Plant is any integral part of the Works that shall have a
mechanical, electrical, chemical, or biological function.
(bb) The Project Manager is the person named in the SCC (or any
other competent person appointed by the Employer and
notified to the Contractor, to act in replacement of the Project
Manager) who is responsible for supervising the execution of
the Works and administering the Contract.
(cc) Retention Money means the aggregate of all monies retained
by the Employer pursuant to GCC 46.1.
( dd) The Site is the area defined as such in the SCC.
(ee) Site Investigation Reports are those that were included in the
bidding documents and are factual and interpretative reports
about the surface and subsurface conditions at the Site.
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l Suni Gad Hydropower Project ( 11.05 MW) Part I: General Conditions of Contract (GCC)
approved by the Project Manager.

......,
(gg) The Start Date is given in the SCC. It is the latest date when
the Contractor shall commence execution of the Works. It
-, does not necessarily coincide with any of the Site Possession
Dates.
(hh) A Subcontractor is a person or corporate body who has a
Contract with the Contractor to carry out a part of the work in
'I the Contract, which includes work on the Site.
(ii) Temporary Works are works designed, constructed, installed,
and removed by the Contractor that are needed for construction
or installation of the Works.
(jj) A Variation is an instruction given by the Project Manager
which varies the Works.
(kk) The Works are what the Contract requires the Contractor to
construct, install, and turn over to the Employer, as defined in
the sec.
2. Interpretation 2.1 In interpreting these GCC, singular also means plural, male also means
female or neuter, and the other way around. Headings have no
significance. Words have their normal meaning under the language of
the Contract unless specifically defined. The Project Manager shall
l 2.2
provide instructions clarifying queries about these GCC.
If sectional completion is specified in the SCC, references in the GCC
l to the Works, the Completion Date, and the Intended Completion Date
apply to any Section of the Works ( other than references to the
Completion Date and Intended Completion Date for the whole of the
Works).
2.3 The documents forming the Contract shall be interpreted m the

following order of priority:
(a) This Contract Agreement,
(b) Letter of Acceptance,
(c) Contractor's Bid,
(d) Minutes of Negotiation Meetings (if any)
(e) Special Conditions of Contract,
( f) General Conditions of Contract,
(g) Specifications,
(h) Drawings,
1 (i) Bill of Quantities (or Schedules of Prices for lump sum

contracts), and
U) Construction Schedule, and
l (k) Any other document listed in the SCC as forming part of the
Contract.
3.
-,
4. Project 4.1 Except where otherwise specifically stated, the Project Manager shall
Manager's decide contractual matters between the Employer and the Contractor in
Decisions the role representing the Employer.
5. Delegation 5.1 The Project Manager may delegate any of his duties and responsibilities
to other people, except to the Adjudicator, after notifying the Contractor,
and may cancel any delegation after notifying the Contractor.
6. Communications 6.1 Communications between parties that are referred to in the Conditions
shall be effective only when in writing. A notice shall be effective
only when it is delivered.
6.2 If a notice given pursuant to Sub Clause 6.1 fails to be delivered due to
failure to trace the address of the party then the notice shall be
published as public notice in a National daily newspaper and when the
notice is so published then the notice shall be considered to be
delivered to the concerned party.
7. Subcontracting 7.1 The Contractor may subcontract with the approval of the Project
Manager, but may not assign the Contract without the approval of the
Employer in writing. Subcontracting shall not alter the Contractor's
obligations.
8. Other 8.1 The Contractor shall cooperate and share the Site with other
Contractors contractors, public authorities, utilities, and the Employer between the
dates given in the Schedule of Other Contractors, as referred to in the
SCC. The Contractor shall also provide facilities and services for them
as described in the Schedule. The Employer may modify the Schedule
of Other Contractors, and shall notify the Contractor of any such
modification.
9. Personnel and 9.1 The Contractor shall employ the key personnel and use the equipment
Equipment identified in its Bid to carry out the Works, or other personnel and
equipment approved by the Project Manager. The Project Manager
shall approve any proposed replacement of key personnel and
equipment only if their relevant qualifications or characteristics are
substantially equal to or better than those proposed in the Bid.
9.2 If the Project Manager 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 seven days
1\ and has no further connection with the work in the Contract.
9.3 A child who has not attained the age of fourteen years shall not be
employed in any work as a laborer.
1\ 9.4 During continuance of the Contract, the Contractor and his
subcontractors shall abide at all times by all labor laws, including child
labor related enactments, and rules made there under.
10. Employer's and 10.1 The Employer carries the risks which this Contract states are
Contractor's Employer's risks, and the Contractor carries the risks which this
Risks Contract states are Contractor's risks.
age 14
Suni Gad Hydropower Project ( 11.05 MW) Part 1: General Conditions of Contract (GCC)
foreign enemies
b) Rebellion, terrorism, revolution, insurrection, military or usurped
power, or civil war, within the Country
c) Riot, commotion or disorder within the Country by persons other
than the Contractor's Personnel and other employees of the
Contractor and Sub-Contractors
d) Munitions of war, explosives material, ionizing radiation or
contamination by radio-activity within the Country, except as may be
attributable to the Contractor's use of such munitions, explosives,
radiation or radio-activity
e) Pressure waves caused by aircraft or other aerial devices travelling
at sonic or supersonic speeds.
1
I
f) Use of occupation by the Employer of any part of the Permanent
Works except as may be specified in the Contract. The term use of
occupation by the Employer shall not be taken to mean or to imply
that use or occupation of the road by the general public is in any way
an Employer's risk nor shall it be taken to mean or imply that use of
the road as a means of travel by any agent or personnel of the
Employer is in any way an Employer's risk.
g) Design of any part of the Works by the Employer's Personnel or by
others for whom the Employer is responsible except where the
responsibility for such design is assigned to the Contractor under the
terms of the Contract and
h) Any operations of the forces of nature (insofar as it occurs on the
Site) which an experienced Contractor:
1. could have foreseen or
11. could reasonably have foreseen but against which it could not
reasonably have predicted loss or damage to physical property
from occurring by taking appropriate measures or insured
against.
12. Contractor's 12.1 From the Starting Date until the Defects Liability Certificate has been
Risks issued, the risks of personal injury, death, and loss of or damage to
property (including, without limitation, the Works, Plant, Materials,
and Equipment) which are not Employer's risks are Contractor's risks.
13. Insurance 13 .1 The Contractor shall provide, in the joint names of the Employer and
the Contractor, insurance cover from the Start Date to the end of the
Defects Liability Period, in the amounts and deductibles stated in the
SCC for the following events which are due to the Contractor's risks:
(a) loss of or damage to the Works, Plant, and Materials;
(b) loss of or damage to Equipment;
(c) loss of or damage to property (except the Works, Plant,
Materials, and Equipment) in connection with the Contract; and
( d) Personal injury or death.
13.2
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1 Page J 5
Suni Gad Hydropower Project ( 11.05 MW) Part I: General Conditions of Contract (GCC)
required to rectify the loss or damage incurred.
13.3 If the Contractor does not provide any of the policies and certificates
required, the Employer may affect the insurance which the Contractor
should have provided and recover the premiums the Employer has paid
from payments otherwise due to the Contractor or, if no payment is
due, the payment of the premiums shall be a debt due.
1 I
13.4 Alterations to the terms of an insurance shall not be made without the
approval of the Project Manager.
13.5 Both parties shall comply with any conditions of the insurance policies.
13.6 The issuer of insurance policies shall be prior approved by the

Employer.
14. Site Investigation 14.1 The Contractor, in preparing the Bid, shall rely on any Site
Reports Investigation Reports referred to in the SCC, supplemented by any
information available to the Bidder.
15. Contractor to 15. I The Contractor shall construct and install the Works in accordance
Construct the with the Specifications and Drawings.
Works
......., 16. The Works to Be 16.1 The Contractor may commence execution of the Works on the Start
I
Completed Date and shall carry out the Works in accordance with the Program
within submitted by the Contractor, as updated with the approval of the
Completion Date Project Manager, and complete them within the Completion Date
specified in the sec .
.........,
I
17. Design by the 17. I The contractor shall be responsible for the design of permanent works
--,
I Contractor and as specified in sec.
l Approval by the
17.2 The Contractor shall be responsible for design of the Temporary
Project Manager
Works. The Contractor shall submit Specifications and Drawings
l showing the proposed Temporary Works to the Project Manager, for

his approval.
I 7.3 All Drawings prepared by the Contractor for the execution of
the temporary or permanent Works, shall be subject to prior
approval by the Project Manager before their use.
17.4 The project Managers approval shall not alter the Contractors
responsibility for design of temporary works. f
17 .5 The Contractor shall obtain approval of third parties to the design of

the Temporary Works, where required.
18. Safety, security 18.1 The Contractor shall be responsible throughout the execution and
and protection of completion of the works and the remedying of any defects for the
the environment safety of all activities on the Site including security measures and
protection of the environment. The Contractor therein:
a. Have full regard for the safety of all persons entitled to be upon
the site and keep the site (so as the same is under his control) and
<..Y>
i,..NIRM4
,.,._s�� e works (so far as the same are not completed or
cupied by the Employer) in an or.@r� state appropriate to the
. ::. oidance of danger to such persAf'�per P�
�<:) � '(r,; ,
l� ,��,,.\-I:��:P'i,,£--��-,
....
.o (!'�
(�: · , .,; Page I 6

1 ·:-.
� l• s...,.
''\"<{, -,:�. ��
-: ()..._ ,, 7>.<:f.
· ·, . ...- r,:ith\'\\
Suni Gad Hydropower Project (l l.05 MW) Part I: General Conditions of Contract ( GCC)
b. Provide and maintain at his own cost all lights, guards, fencing,
warning signs and watching, when necessary or required by the
Project Manager or by any duly constituted authority, for
the protection of the Works of for the safety and convenience of
the public or others.
c. Take all reasonable steps to protect the environment on and off
the site and to avoid damage or nuisance to persons or to
property of the public or others resulting from pollution, noise or
other causes arising as a consequence of his methods of
operation.
d. Ensure that any cut or fill slopes are planted in grass or other
plant cover as soon as possible to protect them from erosion.
This planting shall follow the recommendations given in
manuals and handbooks such as "Vegetation structures for
stabilizing highway slopes - A manual for Nepal", Department
of Roads.
e. Any spoil or material removed from drains shall be disposed off
to designated stable tipping areas as directed by the Project
Manager.
f Shall not use fuel wood as a means of heating during the
processing or preparation of any materials forming part of the
works.
g. The Project Manager shall have the power to disallow any
working practice or activity of the Contractor or direct that such
practices or activities be modified should the Project Manager
consider, on the advice of the relevant Government
Departments, that the practices or activities will be harmful
to wildlife.
h. Provide on the Site such lifesaving apparatus as may be
appropriate and an adequate and easily accessible first aid
I outfit or such outfits as may be required by any
I government ordinance, factory act, etc., subsequently
published and amended from time to time.
19. Discoveries 19 .1 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 Manager of such
discoveries and carry out the Project Manager's instructions for
dealing with them.
20. Possession of the 20.1 The Employer shall give possession of all or partial parts of the Site as
Site required by the construction schedule to the Contractor. If possession
of a part is not given by the date stated in the SCC, the Employer shall
be deemed to have delayed the start of the relevant activities, and this
shall be a Compensation Event.
21. Access to the Site 21.1 The Contractor shall allow the Project Manager and any person
authorized by the Project Manager access to the Site and to any place
where work in connection with the Contract is being carried out or is
intended to be carried out.
22. Instructions,
Suni Gad Hydropower Project (11.05 MW) Part I: General Conditions of Contract ( GCC)
Inspections and which comply with the applicable laws where the Site is located.
......,
Audits
\
22.2 The Contractor shall permit the Employer and/or persons appointed by
the Employer to inspect the Site and/or the accounts and records of the
-,
Contractor and its sub-contractors relating to the performance of the
Contract, and to have such accounts and records audited by auditors
appointed by the Employer if required by the Employer. The
Contractor's attention is drawn to Sub-Clause 58.1 which provides,
inter alia, that acts intended to materially impede the exercise of the
Employer's inspection and audit rights provided for under this Sub-
Clause constitute a prohibited practice subject to contract termination.
23. Dispute 23.1 The Employer and the Contractor shall attempt to settle amicably by
Settlement direct negotiation any disagreement or dispute arising between them
-, under or in connection with the Contract.
23 .2 Any dispute between the Parties as to matters arising pursuant to this
Contract which cannot be settled amicably within thirty (30) days after
' \ receipt by one Party of the other Party's request for such amicable
settlement may be referred to the Adjudicator or Dispute Resolution
Committee (DRC) by either Party as specified in the SCC within 15
1
days after the expiration of amicable settlement period.
24. Appointment of 24.1 The adjudicator shall be as specified in SCC if indentified and
the Adjudicator/ agreed by the Employer and the Contractor during the contract
DRC Members agreement. If not identified in the SCC, the adjudicator shall have
to be agreed and appointed whenever the dispute arises; by the
consensus of the Employer and the Contractor. If the parties cannot
i
i reach an agreement on the appointment of the Adjudicator, either
I
party may request the Appointing Authority designated in the SCC,
......, to appoint the Adjudicator within 15 days of receipt of such
I
request.
24.2 Should the Adjudicator resign or die, or should the Employer and
the Contractor agree that the Adjudicator is not functioning
in accordance with the provisions of the Contract; a new
Adjudicator shall be jointly appointed by the Employer and
the Contractor. In case of disagreement between the
Employer and the Contractor, within 30 days, the Adjudicator
shall be designated by the Appointing Authority at the request
of either party, within 15 days of receipt of such request.
24.3 The DRC shall comprise of three members. Each Party shall
appoint one member each and the third member who shall act as the
Chairman shall be appointed by the two members appointed by the
Parties. If either party fails to nominate a member ofDRC within 30
days, then the appointing authority designated in the SCC shall upon
the request of either or both of the parties and after due consultation
with both parties appoints this members of the DRC.
24.4 If a DRC member declines to act or is unable to act as a result of
25
1 Suni Gad Hydropower Project ( 11.05 MW)
Disputes
Part 1: General Conditions of Contract (GCC)
Adjudicator or the DRC shall give a decision in writing within 30 days

of receipt of a reference of the dispute.
25.2 Either party may refer a decision of the Adjudicator or DRC to an
Arbitrator within 30 days of the Adjudicator's or DRC's written
decision. If neither party refers the dispute to arbitration within the
above 30 days, the Adjudicator's nor the DRC's decision will be final
and binding.
25.3 The Adjudicator or the DRC Members shall be paid by the hour at the
rate specified in the SCC, together with reimbursable expenses of the
types specified in the SCC, and the cost shall be divided equally
i between the Client and the Contractor, whatever decision is reached by
I the Adjudicator or DRC.
25.4 In case of arbitration, the arbitration shall be conducted in accordance
with the arbitration procedures published by the institution named and
at the place given in the sec.
i
I B. Time Control
26. Program 26.1 Within the time stated in the SCC, after the date of the Letter of
Acceptance, the Contractor shall submit to the Project Manager for
approval a Program showing the general methods, arrangements, order,
and timing for all the activities in the Works. In the case of a lump sum
contract, the activities in the Program shall be consistent with those in
the Activity Schedule.
26.2 An update of the Program shall be a program showing the actual

progress achieved on each activity and the effect of the progress
achieved on the timing of the remaining work, including any changes
to the sequence of the activities.
l
26.3 The Contractor shall submit to the Project Manager for approval an
updated Program at intervals no longer than the period stated in the
SCC. If the Contractor does not submit an updated Program within
this period, the Project Manager may withhold the amount stated in the
SCC from the next payment certificate and continue to withhold this
amount until the next payment after the date on which the overdue
Program has been submitted. In the case of a lump sum contract, the
Contractor shall provide an updated Activity Schedule within 15 days
of being instructed to by the Project Manager.
26.4 The Project Manager's approval of the Program shall not alter the
Contractor's obligations. The Contractor may revise the Program and
submit it to the Project Manager again at any time. A revised Program
shall show the effect of Variations and Compensation Events.
27. Extension of the 27.1 The Project Manager shall extend the Intended Completion Date if a
Intended Compensation Event occurs or a Variation is issued which makes it
Completion Date impossible for Completion to be achieved by the Intended Completion
Date without the Contractor taking steps to accelerate the remaining
work, which would cause the Contractor to incur additional cost.
Pagel9
1 Suni Gad Hydropower Project ( 11.05 MW) Part I: General Conditions of Contract (GCC)
I
7 days prior to the intended completion date. If the Contractor has
failed to give early warning of a delay or has failed to cooperate in
dealing with a delay, the delay by this failure shall not be considered in
assessing the new Intended Completion Date.
---,
28. Acceleration 28.1 When the Employer wants the Contractor to finish before the Intended
Completion Date, the Project Manager shall obtain priced proposals for
achieving the necessary acceleration from the Contractor. If the
l Employer accepts these proposals, the Intended Completion Date shall

be adjusted accordingly and confirmed by both the Employer and the
Contractor.
l 28.2 If the Contractor's priced proposals for an acceleration are accepted by
the Employer, they are incorporated in the Contract Price and treated
as a Variation.
29. Delays Ordered 29.1 The Project Manager may instruct the Contractor to delay the start or
by the Project progress of any activity within the Works.
Manager
30. Management 30.1 Either the Project Manager or the Contractor may require the other to
Meetings attend a management meeting. The business of a management meeting
lI shall be to review the plans for remaining work and to deal with
matters raised in accordance with the early warning procedure.
30.2 The Project Manager shall record the business of management
meetings and provide copies of the record to those attending the
meeting and to the Employer. The responsibility of the parties for
actions to be taken shall be decided by the Project Manager either at
the management meeting or after the management meeting and stated
in writing to all who attended the meeting.
l 31. Early Warning 31.1 The Contractor shall warn the Project Manager at the earliest
opportunity of specific likely future events or circumstances that may
adversely affect the quality of the work, increase the Contract Price, or
delay the execution of the Works. The Project Manager may require
the Contractor to provide an estimate of the expected effect of the
future event or circumstance on the Contract Price and Completion
---, Date. The estimate shall be provided by the Contractor as soon as
reasonably possible.
31.2 The Contractor shall cooperate with the Project Manager in making
' I and considering proposals for how the effect of such an event or
circumstance can be avoided or reduced by anyone involved in the
work and in carrying out any resulting instruction of the Project
---,
Manager.
l C. Quality Control
32. Identifying 32.1

Defects
Page I 10
33. Tests 33 .1 If the Project Manager instructs the Contractor to carry out a test not
specified in the Specification to check whether any work has a Defect
and the test shows that it does, the Contractor shall pay for the test and
any samples. If there is no Defect, the test shall be a Compensation
Event.
34. Correction of 34.1 The Project Manager shall give notice to the Contractor of any Defects
1l Defects before the end of the Defects Liability Period, which begins at
Completion, and is defined in the SCC. The Defects Liability Period
shall be extended for as long as Defects remain to be corrected.
34.2 Every time notice of a Defect is given, the Contractor shall correct the
notified Defect within the length of time specified by the Project
--, Manager's notice.
35. Uncorrected 35.1 If the Contractor has not corrected a Defect within the time specified in
I Defects the Project Manager's notice, the Project Manager shall assess the cost
of having the Defect corrected, and the Contractor shall pay this
amount.
D. Cost Control
36. Contract Price 36.1 In the case of Unit Rate contract, the Bill of Quantities shall contain
priced items for the Works to be performed by the Contractor. The Bill
of Quantities is used to calculate the Contract Price. The Contractor
will be paid for the quantity of the work accomplished at the rate in the
Bill of Quantities for each item.
36.2 In the case of a lump sum contract, the Activity Schedule shall contain
the priced activities for the Works to be performed by the Contractor.
The Activity Schedule is used to monitor and control the performance
of activities on which basis the Contractor will be paid. If payment for
Materials on Site shall be made separately, the Contractor shall show
delivery of Materials to the Site separately on the Activity Schedule.
37. Changes in the 37.1 In the case of an Unit Rate contract:

Contract Price
(a) If the final quantity of the work done differs from the quantity in
-,
the Bill of Quantities, the contractor shall complete the work with
the variation of quantities with the rate agreed in the contract. No
adjustment for the rates shall be made for any variation of the
quantities whether positive or negative.
(b) If requested by the Project Manager, the Contractor shall provide
the Project Manager with a detailed cost breakdown of any rate in
the Bill of Quantities.
3 7 .2 In the case of a lump sum contract, the Activity Schedule shall be
amended by the Contractor to accommodate changes of Program or
method of working made at the Contractor's own discretion. Prices in
the Activity Schedule shall not be altered when the Contractor makes
such changes to the Activity Schedule.
l 38. Vari
'Page 111
Contractor.
-.,
'
3 8.2 The Contractor shall provide the Project Manager with a quotation with
actual price plus overhead/profit of 15% for carrying out the Variation
resulting from the requirement of new item of work, when requested to
l do so by the Project Manager. The Project Manager shall assess the
quotation, negotiate with the contractor and finalize the rate, which shall
be given within seven (7) days of the request or within any longer period
stated by the Project Manager and before the Variation is ordered.
38.3 If the Contractor's quotation is unreasonable and no negotiation could be

reached for the rate, the Project Manager may order the Variation and
make a change to the Contract Price, which shall be based on the Project
Manager's own forecast of the effects of the Variation on the
Contractor's costs.
38.4 If the Project Manager decides that the urgency of varying the work
would prevent a quotation being given and considered without
delaying the work, no quotation shall be given and the Variation shall
be treated as a Compensation Event.
1I 38.5 The Contractor shall not be entitled to additional payment for costs that
could have been avoided by giving early warning.
1 38.6 In the case of an Unit Rate contract, if the work in the Variation
I corresponds to an item description in the Bill of Quantities and if, in
the opinion of the Project Manager, the quantity of work or the timing
of its execution do not cause the cost per unit of quantity to change, the
rate in the Bill of Quantities shall be used to calculate the value of the
Variation. If the cost per unit of quantity changes, or if the nature or
timing of the work in the Variation does not correspond with items in
the Bill of Quantities, the quotation by the Contractor shall be in the
form of new rates for the relevant items of work.
-,
I
39. Cash Flow 39.1 When the Program, or, in the case of a lump sum contract, the Activity
Forecasts Schedule, is updated, the Contractor shall provide the Project Manager
--, with an updated cash flow forecast. The cash flow forecast shall
include as defined in the Contract in Nepalese Rupees.
-, 40. Payment 40.1 The Contractor shall submit to the Project Manager monthly statements
Certificates of the estimated value of the work executed less the cumulative amount
certified previously.
40.2 The Project Manager shall check the Contractor's monthly statement
and certify the amount to be paid to the Contractor.
40.3 The value of work executed shall be determined by the Project
Manager.
40.4 The value of work executed shall comprise:
(a) In the case of an Unit Rate contract, the value of the quantities of
work in the Bill of Quantities that have been completed; or
Page I 12
40.5 The value of work executed shall include the valuation of Variations
-,
I and Compensation Events.
40.6 The Project Manager may exclude any item certified in a previous
-, certificate or reduce the proportion of any item previously certified in
I any certificate in the light of later information.
41. Payments 41.1 Payments shall be adjusted for deductions for advance payments and
l retention. The Employer shall pay the Contractor the amounts certified
by the Project Manager within 30 days of the date of each certificate. If
the Employer makes a late payment, the Contractor shall be paid interest
-,
II as indicated in the SCC on the late payment in the next payment.
i Interest shall be calculated from the date by which the payment should
have been made up to the date when the late payment is made.
41.2 If an amount certified is increased in a later certificate or as a result of
an award by the Adjudicator or an Arbitrator, the Contractor shall be
paid interest upon the delayed payment as set out in this clause.
Interest shall be calculated from the date upon which the increased
amount would have been certified in the absence of dispute.
41.3 Unless otherwise stated, all payments and deductions shall be paid or
charged comprising the Contract Price.
41.4 Items of the Works for which no rate or price has been entered in BOQ
shall not be paid for by the Employer and shall be deemed covered by
other rates and prices in the Contract.
42. Compensation 42.1 The following shall be Compensation Events:

Events
(a) The Employer does not give access to a part of the Site by the
-, Site Possession Date pursuant to GCC 20.1.
(b) The Employer modifies the Schedule of Other Contractors in a
way that affects the work of the Contractor under the Contract.
t (c) The Project Manager orders a delay or does not issue Drawings,
I
I
Specifications, or instructions required for execution of the
-,
Works on time.
(d) The Project Manager instructs the Contractor to uncover or to
carry out additional tests upon work, which is then found to have
no Defects.
( e) The Project Manager unreasonably does not approve a
subcontract to be let.
i
(f) Ground conditions are substantially more adverse than could
reasonably have been assumed before issuance of the Letter of
-, Acceptance from the information issued to bidders (including the
I
Site Investigation Reports), from information available publicly
and from a visual inspection of the Site.
(g) The Project Manager gives an instruction for dealing with an
' I
unforeseen condition, caused by the Employer, or additional
work required for safety or other reasons.
(
--,
I Page I 13
-,
I
Suni Gad Hydropower Project ( 11.05 MW) Part I: General Conditions of Contract (GCC)
..-,
(i) The advance payment is delayed .
I
U) The effects on the Contractor of any of the Employer's Risks.
(k) The project Manager unreasonably delays issuing a Certificate of
--,
\ Completion.
(I) Force majeure events as determined by the Project Manager.
--,
I 42.2 If a Compensation Event would cause additional cost or would prevent
I the work being completed before the Intended Completion Date, the
I
Contract Price shall be increased and/or the Intended Completion Date
shall be extended. The Project Manager shall decide whether and by
1 how much the Contract Price shall be increased and whether and by
how much the Intended Completion Date shall be extended.
43.3 As soon as information demonstrating the effect of each Compensation
Event upon the Contractor's forecast cost has been provided by the
Contractor, it shall be assessed by the Project Manager, and the
Contract Price shall be adjusted accordingly. If the Contractor's
forecast is deemed unreasonable, the Project Manager shall adjust the
Contract Price based on the Project Manager's own forecast. The
Project Manager shall assume that the Contractor shall react
competently and promptly to the event.
42.4 The Contractor shall not be entitled to compensation to the extent that the
Employer's interests are adversely affected by the Contractor's not having
given early warning or not having cooperated with the Project Manager.
43. Tax 43.1 The Project Manager shall adjust the Contract Price if taxes, duties,
and other levies are changed between the date 3 0 days before the
submission of bids for the Contract and the date of the last Completion
certificate. The adjustment shall be the change in the amount of tax
payable by the Contractor, provided such changes are not already
reflected in the Contract Price or are a result of GCC 45.
44. Currency 44.1 The currency of Contracts shall be Nepalese Rupees. Where payments
are made in currencies other than Nepalese Rupees, the exchange rates
used for calculating the amounts to be paid shall be the exchange rates
stated in sec.
45. Price 45 .1 Prices shall be adjusted for fluctuations in the cost of inputs only if
Adjustment provided for in the SCC. If so provided, the amounts certified in each
payment certificate, before deducting for Advance Payment, shall be
adjusted by applying the respective price adjustment factor to the
-,
I payment amounts due.
45.2 Adjustment Formulae': The formulae will be of the following general
-, type:
En
d-+ etc.
Eo
1
1
Suni Gad Hydropower Project (I I .05 MW) Part I: General Conditions of Contract (GCC)
Where:
........
•
' pn is a price adjustment factor to be applied to the amount for the
payment of the work carried out in the subject month, determined in
--, accordance with Clause 41;
A is a constant, specified in the Bidding Forms- Table of Price
Adjustment data, representing the nonadjustable portion in
contractual payments;2 b, c, d, etc., coefficients representing the
estimated proportion of each cost element (labor, materials, equipment
usage, etc.) in the Works or sections thereof, net of Provisional Sums,
as specified in the SCC;
Ln, Mn, En, etc., are the current cost indices or reference prices of the
cost elements for month "n," determined pursuant to Sub-Clause 45.4,
1 applicable to each cost element; and
Lo, Mo, Eo, etc., are the base cost indices or reference prices
corresponding to the above cost elements at the date specified in Sub-
Clause 45.4
45.3 Sources of Indices and Weightings: The sources of indices shall be

those listed in the Bidding Forms- Table of Price Adjustment data, as
approved by the Project Manager and stated in SCC. Indices shall be
appropriate for their purpose and shall relate to the Contractor's
proposed source of supply of inputs on the basis of which his Contract
shall have been computed. As the proposed basis for price adjustment,
the Contractor shall have submitted with his bid the tabulation of
Weightings and Source of Indices in the Bidding Forms, which shall be
--, subject to approval by the Project Manager.
t
45.4 Base, Current and Provisional Indices: The base cost indices or prices
shall be those prevailing on the day 30 days prior to the latest date for
submission of bids. Current indices or· prices shall be those prevailing
on the day 30 days prior to the last day of the period to which a
particular Interim Payment Certificate is related. If at any time the
-, current indices are not available, provisional indices as determined by
the Project Manager will be used, subject to subsequent correction of
the amounts paid to the Contractor when the current indices become
available.
45.5 Weightings: The weightings for each of the factors of cost given in the
Bidding Forms shall be adjusted if, in the opinion of the Project
Manager, they have been rendered unreasonable, unbalanced or
inapplicable as a result of varied or additional work already executed
or instructed under Clause 38 or for any other reason.
45.6 Where, price adjustment provision is not applicable pursuant to Sub-

clause 45. l then the Contract is subject to price adjustment only for
.----onstruction material in accordance with this clause. If the prices of the
.--�""'�""'1truction materials stated in the contract is increased or decreased
l 2
in an unexpected manner in excess often (10%) percent in comparison

to the base price construction material stated in Section -IV, Bidding
Forms-Table of Price Adjustment Data, then the price adjustment for
the increase or decrease of price of the construction material beyond
10% shall be made by applying the following formulas:
For unexpected increase in price
.--,
P =[Rl -(RO x 1.1 O)] x Q
I
For unexpected decrease in price P
= [Rl -(RO x0.90)]x Q
Where:
"P" is price adjustment amount
"Rl" is the present price of the construction material (Source of indices shall
be those listed in the Bidding forms)
"RO" is the base price of the construction material
"Q" is quantity of the construction material consumed in construction during
the period of price adjustment consideration If the Base price and
source is to be proposed by the Bidder as per the provision made in
Section -IV, Bidding Forms-Table of Price Adjustment Data then the
Base price and source filled by Bidder for the construction material
stated in the Bidding Form shall be subject to the approval of the
Project manager and shall be as stated in SCC ..
45.7 The Price Adjustment amount shall be limited to a maximum of the
initial Contract Amount as specified in the SCC.
45.8 The Price Adjustment provision shall not be applicable for delayed
period if the contract is not completed in time due to the delay caused
by the contractor or the contract is a Lump sum Contract
46. Retention 46.1 The Employer shall retain from each payment due to the Contractor the
proportion stated in the SCC until Completion of the whole of the
---, Works.
I
I
46.2 Upon the issue of a Defects Liability Certificate by the Project

Manager, in accordance with GCC 55.1, the total amount retained shall
-1
be repaid to the Contractor when the Contractor has submitted the Tax
l Clearance Certificate and the Project Manager has certified that all
Defects notified by the Project Manager to the Contractor before the
end of this period have been corrected. The Contractor may substitute
retention money with an "on demand" bank guarantee.
47. Liquidated 4 7 .1 The Contractor shall pay liquidated damages to the Employer at the rate
Damages per day stated in the SCC for each day that the Completion Date is later
than the Intended Completion Date. The total amount of liquidated
damages shall not exceed the amount defined in the SCC. The Employer
may deduct liquidated damages from payments due to the Contractor.
Payment of liquidated damages shall not affect the Contractor's liabilities.
l
certificate. The Contractor shall be paid interest on the overpayment,

calculated from the date of payment to the date of repayment, at the
rates specified in GCC 41.1.
48. Bonus 48.1 The Contractor shall be paid a Bonus calculated at the rate per calendar
day stated in the SCC for each day (less any days for which the
Contractor is paid for acceleration) that the Completion is earlier than
the Intended Completion Date. The Project Manager shall certify that
the Works are complete, although they may not be due to be complete.
49. Advance 49.1 The Employer shall make advance payment to the Contractor of the
Payment amounts stated in the sec by the date stated in the sec, against
provision by the Contractor of an unconditional bank guarantee from 'A'
class commercial Bank in a form and by a bank acceptable to the
Employer in amounts equal to the advance payment. The guarantee
shall remain effective until the advance payment has been repaid, but the
amount of the guarantee shall be progressively reduced by the amounts
repaid by the Contractor. Interest shall not be charged on the advance
payment.
49.2 The Contractor is to use the advance payment only to pay for
Equipment, Plant, Materials, and mobilization expenses required
specifically for execution of the Contract. The Contractor shall
demonstrate that advance payment has been used in this way by
supplying copies of invoices or other documents to the Project Manager.
49.3 The advance payment shall be repaid by deducting proportionate

---,
amounts from payments otherwise due to the Contractor, following the
schedule of completed percentages of the Works on a payment basis.
No account shall be taken of the advance payment or its repayment in
-, assessing valuations of work done, Variations, price adjustments,
Compensation Events, Bonuses, or Liquidated Damages.
50. Securities 50.1 The Performance Security shall be provided to the Employer no later
than the date specified in the Letter of Acceptance and shall be issued
in an amount specified in the SCC, by a bank acceptable to the
Employer, and denominated in Nepalese Rupees. The Performance
Security shall be valid until a date 3 0 days from the date of issue of the
Certificate of Completion in the case of a bank guarantee.
50.2 Additional Performance Security required as per ITB 34.5 shall
be valid until a date 30 days from the date of issue of the
Certificate of Completion in the case of a bank guarantee.
l 50.3 The performance security issued by any foreign Bank outside
Nepal must be counter guaranteed by an "A" class commercial
Bank in Nepal.
51. Day works 51.1 If applicable, the Day works rates in the Contractor's Bid shall be used
for small additional amounts of work only when the Project Manager
has given written instructions in advance for additional work to be paid
for in that way.
-,
Page 117
Suni Gad Hydropower Project (11.0:'i MW) Parr 1 : Genera 1 Cond irions of Contract (GCC)
days of the work being done.
51.3 The Contractor shall be paid for Day works subject to obtaining signed
Day works forms.
52. Cost of Repairs 52.1 Loss or damage to the Works or Materials to be incorporated in the
Works between the Start Date and the end of the Defects Correction
periods shall be remedied by the Contractor at the Contractor's cost if
the loss or damage arises from the Contractor's acts or omissions.
l E. Finishing the Con tract
-, 53. Completion 53 .1 The Contractor shall request the Project Manager to issue a certificate
of Completion of the Works, and the Project Manager shall do so upon
deciding that the work is completed.
54. Taking Over 54.1 The Employer shall take over the Site and the Works within seven days
of the Project Manager's issuing a certificate of Completion.
55. Final Account 55.1 The Contractor shall supply the Project Manager with a detailed
account of the total amount that the Contractor considers payable under
the Contract before the end of the Defects Liability Period. The Project
Manager shall issue a Defects Liability Certificate and certify any final
payment that is due to the Contractor within 60 days of receiving the
Contractor's account if it is correct and complete. If it is not, the
Project Manager shall issue within 60 days a schedule that states the
l scope of the, corrections or additions that are necessary. If the Final
Account is still unsatisfactory after it has been resubmitted, the Project
Manager shall decide on the amount payable to the Contractor and
l issue a payment certificate.
56. Operating and 56.1 If "as built" Drawings and/or operating and maintenance manuals are
Maintenance required, the Contractor shall supply them by the dates stated in the SCC.
Manuals
56.2 If the Contractor does not supply the Drawings and/or manuals by the
dates stated in the SCC pursuant to GCC 56.1, or they do not receive
the Project Manager's approval, the Project Manager shall withhold the
amount stated in the SCC from payments due to the Contractor.
57. Termination 57 .1 The Employer or the Contractor may terminate the Contract if the other
party causes a fundamental breach of the Contract.
i 57 .2 Fundamental breaches of Contract shall include, but shall not be
I
limited to, the following:
--, (a) the Contractor stops work for 30 days when no stoppage of work
is shown on the current Program and the stoppage has not been
authorized by the Project Manager;
(b) the Project Manager instructs the Contractor to delay the

progress of the Works, and the instruction is not withdrawn
within 30 days;
(c)
l
--, Omega Energy Developer Pvt. Ltd. Construction of Civil Structures
I
( d) a payment certified by the Project Manager is not paid by the
1 Employer to the Contractor within 90 days of the date of the

Project Manager's certificate;
(e) the Project Manager gives Notice that failure to correct a

particular Defect is a fundamental breach of Contract and the
Contractor fails to correct it within a reasonable period of time
determined by the Project Manager;
(f) the Contractor does not maintain a Security, which is required;

and
(g) the Contractor has delayed the completion of the Works by the
number of days for which the maximum amount of liquidated
damages can be paid, as defined in the SCC.
(h) if the Contractor, in the judgment of the Employer has engaged

in corrupt or fraudulent practices in competing for or in
executing the Contract, pursuant to GCC 58.1.
57 .3 When either party to the Contract gives notice of a breach of Contract

-, to the Project Manager for a cause other than those listed under GCC
57.2 above, the Project Manager shall decide whether the breach is
fundamental or not.
57.4 Notwithstanding the above, the Employer may terminate the Contract
for convenience.
57.5 If the Contract is terminated, the Contractor shall stop work

immediately, make the Site safe and secure, and leave the Site as soon
as reasonably possible.
58. Fraud and 58.1 If the Employer determines that the Contractor has engaged in corrupt,
Corruption fraudulent, collusive, coercive or obstructive practices, in competing
for or in executing the Contract, then the Employer may, after giving
15 days' notice to the Contractor, terminate the Contractor's
employment under the Contract and expel him from the Site, and the
provisions of Clause 57 shall apply as if such expulsion had been made
under Sub-Clause 57.S [Termination by Employer].
58.2 Should any employee of the Contractor be determined to have engaged

in corrupt, fraudulent, collusive, coercive, or obstructive practice
'I during the execution of the Works, then that employee shall be
removed in accordance with Clause 9.
1 For the purposes of this Sub-Clause:

(i) "corrupt practice" is the offering, giving, receiving or soliciting,
--, directly or indirectly, of anything of value to influence improperly
I
the actions of another party;
(iv) "coercive practice" is impairing or harming, or threatening to

impair or harm, directly or indirectly, any party or the property of
the party to influence improperly the actions of a party;
--, (v) "obstructive practice" is

(aa) deliberately destroying, falsifying, altering or concealing of
evidence material to the investigation or making false
statements to investigators in order to materially impede a
investigation into allegations of a corrupt, fraudulent,
coercive or collusive practice; and/or threatening, harassing
or intimidating any party to prevent it from disclosing its
knowledge of matters relevant to the investigation or from
pursuing the investigation; or
(bb) acts intended to materially impede the exercise of the
Employer's inspection rights provided for under Sub-
Clause 22.2.
59. Black Listing 59 .1 Without prejudice to any other rights of the Employer under this Contract,
the Employer may blacklist a Bidder for its conduct one (1) to three (3)
--,
years on the following grounds and seriousness of the act committed by
the bidder:
(a) if it is established that the Contractor has committed substantial

defect in implementation of the contract or has not substantially
fulfilled its obligations under the contract or the completed work
is not of the specified quality as per the contract.
l (b) If convicted from a court of law in a criminal offense liable to be

disqualified for taking part in procurement contract,
( c) If it is established that the Contractor has engaged in corrupt or

fraudulent practices in competing for or in executing the
Contract.
i
1I 60. Payment upon 60 .1 If the Contract is terminated because of a fundamental breach of Contract
Termination by the Contractor, the Project Manager shall issue a certificate for the
value of the work done and Materials ordered less advance payments
received up to the date of the issue of the certificate and less the
percentage to apply to the value of the work not completed, as indicated in
the SCC. Additional Liquidated Damages shall not apply. If the total
amount due to the Employer exceeds any payment due to the Contractor,
the difference shall be a debt payable to the Employer.
1I 60.2 If the Contract is terminated for the Employer's convenience or because of

a fundamental breach of Contract by the Employer, the Project Manager
shall issue a certificate for the value of the work done, Materials ordered,
the reasonable cost of removal of Equipment, repatriation of the
1\ Contractor's personnel employed solely on the Works, and the
Contractor's costs of protecting and securing the Works, and less advance
payments received up to the date of the certificate.
61. Property 61.l

�
I
62. Release fr
-, Omega Energy Developer Pvt. Ltd. Construction of Civil Structures
Suni Gad Hydropower Project (I I.OS MW) Part I: General Conditions of Contract (GCC)
Performance Project Manager shall certify that the Contract has been frustrated. The
Contractor shall make the Site safe and stop work as quickly as possible
after receiving this certificate and shall be paid for all work carried out
before receiving it and for any work carried out afterwards to which a
commitment was made.
63. Suspension ofDP 63.1 In the event that the Donor Agency suspends the loan/ credit/grant to
Loan/Credit/Gra the Employer from which part of the payments to the Contractor are
1 nt being made:
(a) the Employer is obligated to notify the Contractor of such
--, suspension within 7 days of having received the Donor
I Agency's suspension notice; and
1
(b) if the Contractor has not received sums due him within the 30
-, days for payment provided for in Sub-Clause 41.1, the
I Contractor may immediately issue a 15-day termination notice.
F. Additional Clauses
-,
64. Project 64.1 The Project Manager's duties and authorities are restricted to the extent as
Manager's stated in the sec.
Duties and
Authorities
65. Quarries and 65.1 Any quarry operated as part of this Contract shall be maintained and left in
Spoil Dumps a stable condition without steep slopes and be either refilled or drained and
be landscaped by appropriate planting. Rock or gravel taken from a river
shall be removed over some distance so as to limit the depth of material
removed at any one location, not disrupt the river flow or damage or
undermine the river banks. The Contractor shall not deposit excavated
material on land in Government or private ownership except as directed
--, by the Project Manager in writing or by permission in writing of the
authority responsible for such land in Government ownership, or of the
owner or responsible representative of the owner of such land in private
ownership, and only then in those places and under such conditions as the
authority, owner or responsible representative may prescribe.
66. Local Taxation 66.1 The prices tendered by the Contractor shall include all taxes that may be
levied in accordance to the laws and regulations in being in Nepal on the
date 30 days prior to the closing date for submissions of Bids on the
Contractor's equipment, plant and materials acquired for the purpose of
1 the Contract and on the services performed under the Section IV. Nothing
in the Contract shall relieve the Contractor from his responsibility to pay
any tax that may be levied in Nepal on profits made by him in respect of
the Contract
67. Value Added 67.1 The Contract is not exempted from value added tax. An amount specified
-, Tax in the schedule of taxes shall be paid by the Contractor in the concerned
VAT office within time frame specified in VAT regulation.
�==�
9��er�
68. Income Taxes on 8. The Contractor's staff, personnel and labor will be liable to pay gf · · · (,i
Staff 4N
c,""Y-" t-1IRM .t�Gome taxes in Nepal in respect of their salaries and wages/ L ·
./' · �eable under the laws and regulations for the time being in f r.· .
-, "' ontractor shall perform such duties in regard to such dedud1
I � �
I
1
-, Omega Energy Developer Pvt. Ltd. Construction of Civil Structures
Suni Gad Hydropower Project ( I 1.05 MW) Part I: General Conditions o_f Contract (GCC)
may be imposed on him by such laws and regulations.
68.2 The issue of the Final Account Certificate pursuant to clause 56 shall be
made only upon submittal by the Contractor of a certificate of income tax
clearance from the Government of Nepal.
69. Duties, Taxes 69.1 Any element of royalty, duty or tax in the price of any goods including
,_,
I
and Royalties fuel oil, lubricating oil, cement, timber, iron and iron goods locally
procured by the Contractor for the works shall be included in the
Contract rates and prices and no reimbursement or payment in that
.....
I
respect shall be made to the Contractor .
l 69.2 The Contractor shall familiarize himself with the rules and regulations
I
of Nepal with regard to customs, duties, taxes, clearing of goods and

--, equipment, immigration and the like, and it will be necessary for him to
follow the required procedures regardless of the assistance as may be
provided by the Employer wherever possible.
69.3 The Contractor shall pay and shall not be entitled to the reimbursement
of cost of extracting construction materials such as sand, stone/boulder,
gravel, etc. from the river beds or quarries. Such prices will be levied
by the local District Development Committee (DDC) as may be in
force at the time. The Contractor, sub-contractor(s) employed directly
by him and for whom he is responsible, will not be exempted from
-, payment of royalties, taxes or other kinds of surcharges on these
l construction materials so extracted and paid for to the DDC.
69.4 The Contractor shall be liable for all payments of compensation, if any,
levied in relation to the dumping and/or disposal of any materials, in
accordance with any and all local authorities according to the local
self-governance Act (2055 B.S.), local self-governance Regulations
(2056 B.S.) or other such laws of Nepal as are applicable.
70. Member of 70.1 No member or officer of GoN or the Employer or the Project Manager or
1 Government etc.,
not Personally
Liable
any of their respective employees shall be in any way personally bound or
liable for the act or obligations of the Employer under the Contract or
answerable for any default or omission in the observance or performance
of any of act, matter or thing which are herein contained.
71. Approval of Use 71.1 No explosives of any kind shall be used by the Contractor without the
of Explosives prior consent of the Employer in writing and the Contractor shall provide,
store and handle these and all other items of every kind whatsoever
required for blasting operations, all at his own expense in a manner
approved in writing by the Employer.
72. Compliance with 72.1 The Contractor shall comply with all relevant ordinances, instructions and
Regulations for regulations which the Government, or other person or persons having due
Explosives authority, may issue from time to time regarding the handling,
transportation, storage and use of explosives.
-, 73. Permission for 73 .1 The Contractor shall at all times maintain full liaison with and inform well
Blasting
Explosives account to the satisfaction of the Project Manager for all explosives
brought on to the Site during the execution of the Contract and the
Contractor shall remove all unused explosives from the Site on
completion of works when ordered by the Project Manager.
75. Traffic Diversion 75.1 The Contractor shall include the necessary safety procedures regarding
motorized and pedestrian traffic diversion that is needed in execution of
the works. The Contractor shall include in his costing of works, any
temporary works or diversion that are needed during the construction
period. All traffic diversion should be designed for the safety of both the
motoring public and the men at work. It shall ensure the uninterrupted
flow of traffic and minimum inconvenience to the public during the period
concerned. As such, adequate warning signs, flagmen and other relevant
safety precautionary measures shall be provided to warn motorists and
pedestrians well ahead of the intended diversion as directed by the Project
Manager. All traffic devices used shall be designed in accordance with
prevailing Department of Roads Guidelines or as instructed by the Project
Manager.
76. Conduct of 76.1 The Bidder shall be responsible to fulfill his obligations as per the
---, Bidders requirement of the Contract Agreement, Bidding documents, GoN's
Procurement Act and Regulations
76.2 The Bidder shall not carry out or cause to carry out the following acts
with an intention to influence the implementation of the procurement
process or the procurement agreement:
(a) Give or propose improper inducement directly or indirectly,

l (b) Distortion or misrepresentation of facts,
(c) Engaging or being involved in corrupt or fraudulent

practice,
( d) Interference in participation of other prospective bidders,
( e) Coercion or threatening directly or indirectly to cause harm

to the person or the property of any person to be involved in
the procurement proceedings,
(f) Collusive practice among bidders before or after submission

of bids for distribution of works among bidders or fixing
artificial/uncompetitive bid price with an intention to
deprive the Employer the benefit of open competitive
bid price,
(g) Contacting the Employer with an intention to influence the

Employer with regards to the bid or interference of any kind
in examination and evaluation of the bids during the period
after opening of bids up to the notification of award of
contract.
.......,
l
Page I 23
l
( SUNI GAD HYDROPOWER PROJECT (11.05 MW)
I
-
I Contract ID: SGHPP/Works/CW/01/077/078
.......,

IFB No. NCB/01/2077-78
.......,

Phone no. 01-4429044
email: omegaenergy73@gmail.com
VOLUME 1: CONDITIONS OF
CONTRACT
-,
I
I
PART 2: SPECIAL CONDITIONS OF

---,
CONTRACT (SCC)
.......,
'
Suni Gad Hydropower Project (11.05 MW) Part 2: Special Conditions of Contract (SCC)
Special Conditions of Contract
1 The following Special Conditions of Contract shall supplement the GCC. Whenever there
is a conflict, the provisions herein shall prevail over those in the GCC.
A. General
GCC 1.1 (q) The Employer is

Omega Energy Developer Pvt. Ltd.
1 Chandol, Kathmandu
Phone No: (977-1) 4429044
----: I
Email :omegaenergy73@gmail.com
I
GCC 1.1 (u) The Intended Completion Date for the whole of the Works shall be Jestha
30, 2080.
GCCs 1.1 Name of Project Manager: Assigned by the Employer.
(bb) & 4.1
l The Project Manager and Engineer are synonyms.
GCC 1.1 The Site is located at Surma Rural Municipality, Talkot Rural
'I (dd) Municipality and Jay Prithvi Municipality of Bajhang District,
Sudurpashchim Province, Nepal and is defined in drawings.
GCC 1.1 (gg) The Employer shall give the Contractor not less than 7 days' notice of
Start Date. The Start Date shall be the date at which following precedent
conditions have all been fulfilled.
a)The Contract Agreement has been duly signed by both Parties;
b) The Contractor has submitted to the Employer the Performance
--,
I Security;
c) Construction Schedule.
1 GCC
(kk)
1.1 The Works consist of Construction of Civil Structures including Weir
and Undersluice, Intake and Gravel trap, Approach Culvert, Settling
Basin, Headrace Canal, Headrace Tunnel, Tunnel Portals, Penstock,
Anchor block, Powerhouse and Tailrace and related works.
-, GCC2.2 Sectional Completions are: Not Applicable.
GCC 2.3 Delete the documents listed as (a) to (k) in this Sub-Clause and substitute
., by the following:
I the Contract Agreement;
--,
I
__...,
l
I
.........
I
( d) All Addenda issued if any

( e) Special Conditions of the Contract
(f) General Conditions of the Contract
--,
(g) Technical Specifications
(h) Drawings
(i) Bill of Quantities
G) Construction Schedule
(k) Instruction to Bidders
(1) Any other document forming part of the Contract
--,
GCC 2.3(1) The following documents also form part of the Contract:
Value Added Tax (VAT) certificate
PAN certificate
Tax clearance certificate
GCC 3.1 The language of the contract is English.

The law that applies to the Contract is the law of Nepal.
GCC 8.1 Schedule of other contractors: Will come into existence once contracts
awarded for other works of the Project.
GCC 12.1 Delete the contents of this Sub-Clause and replace with the following:
"The Contractor's risks are risks other than those defined under
Employer's risks. Any amounts not insured or not recovered from the
insurer shall be borne by the Contractor.
1 The Contractor shall take full responsibilities of the care of the Works and
Goods from Start Date until Completion of the Project. After completion
--, of the Works, care of the Works shall then pass to the Employer except
I for the section which is partly completed.
After responsibility has accordingly passed to the Employer, the
--,
Contractor shall take responsibility for the care of the any work which is
outstanding on the date stated in the Completion Certificate, until this
outstanding work has been completed.
1I If any loss or damage happens to the Works, Goods, or Contractor's
Documents during the period when the Contractor is responsible for their
care, from any cause not listed in the Employer's Risks, the Contractor
shall rectify the loss or damage at the Contractor's risk and cost, so that
the Works, Goods and Contractor's Documents conform with the
Contract" .
1 I
1l
---,
I
I
Page 12
I
GCC 13.1 The minimum insurance amounts and deductibles shall be:
1. The minimum cover for loss of or damage to the Works, Plant
and Materials is: 110% of the Contract Amount or
replacement value of the loss/damage incurred.
2. The maximum deductible for insurance of the Works and of
Plant and Materials is: NRs 1,000,000.00.
3. The minimum cover for loss or damage to Equipment is: 100%
of the full value of all equipment and plants.
4. The maximum deductible for insurance of Equipment is: NRs
5,00,000.00.
5. The minimum for insurance of other property(except the
Works, Plant, Materials, and Equipment) in connection with
Contract is NRs 5,000,000/- (NRs. Five Million Only) with
unlimited number of occurrences
6. The maximum deductible for insurance of other property is:
NRs 2,00,000.00.
7. The minimum cover for personal injury or death insurance
1. for the Contractor's employees is that as specified in the
Labor act of Nepal and
11. for other people is : NRs. 1,000,000/- (NRs. One Million
Only) with an unlimited number of occurrences
GCC 14.1 Site Investigation Reports are: Not Applicable.

--,
GCC 16.1 The intended completion date shall be Jestha 30, 2080.
GCC 17.1 The following shall be designed by the Contractor: All temporary works
GCC 20.1 The Site Possession Date(s) shall be: Within 30 days after signing of the
Contract Agreement.
GCC 20.1 Add the following at the end of this Sub-Clause:

If portion of the sites are available, the contractor will have to plan
accordingly and carry out the Works on the available sites.
--,
GCC 23.2 Replace 23.2 with
Disputes shall be settled by arbitration in accordance with the
following provisions:
Arbitration shall be conducted in accordance with Nepal Arbitration Act
-, 2055.
I
GCC24 Delete clause 24

--.
l
I
--,
Suni Gad Hydropower Project () 1.05 MW) Part 2: Special Conditions of Contract (SCC)
Any dispute between the Employer and Contractor arising in connection

with the present Contract shall be referred to arbitration in accordance
with the rule of Nepal Council of Arbitration (NEPCA) and Nepal
Arbitration Act 2055.
The place of arbitration shall be: Kathmandu, Nepal.
B. Time Control
GCC 26.1 Replace the GCC 26.1 with the following:

The Contractor shall submit a detailed program to the Project Manager
for approval within 30 days from the date of the Letter of Acceptance.
The program (work schedule) shall be prepared in the Critical Path
Method (CPM) format showing the Critical activities and general
methods, arrangements, order and timing for all the activities in the
Works.
GCC 26.3 The period between Program updates is 60 days or as requested by the
Project Manager.
The amount to be withheld for late submission of an updated Program is
NRs 50,000.0
GCC 26.5 Add new Sub-Clause 26.5 Progress Report

Monthly progress report shall be prepared by the Contractor and
submitted to the Project Manager in three copies within 7 days after the
last day of the period to which it relates. The monthly progress report
shall be prepared in the format as per the specification or as directed by
the Project Manager.
The Contractor shall keep a Site Diary wherein full details of all work
carried out each day shall be recorded. The Site Diary may be prepared
in sections relating to different parts of the works being carried out in
different locations. The Contractor shall submit daily 'Daily Site Report'
of the preceding day to the Project Manager in an approved format. The
Daily Site Report shall include at least the following:
1. Description and location of work performed,
11. Interruption of work due to any circumstances,
111. Working hours,
rv, Number and category of workers worked on the site,
v. Type of Equipment and Number of hours equipment usage,
vi, Accidents
vu. Visitors
.......,
I
v111. Weather condition at site
1x. Consumption of major construction materials
--,
I
I
......,
I GCC 27.2 Replace 'at least 7 days' with 'at least 30 days' in the fourth line.
--, C. Quality Control

I
l
l'
GCC 34.1 The Defects Liability Period is: 365 days.
D. Cost Control
GCC 40.1 Replace the whole text with the following.

The Contractor shall submit to the Project Manager interim statements of
the estimated value of the work executed less the cumulative amount
certified previously. The minimum value for the interim statement shall
be more than 5% (Five percent) of the accepted contract amount. The
minimum time lapse between consecutive interim statements shall be 30
days.
GCC40.6 Add the following at the end of this Sub-Clause:

The Project Manager may make any correction or modification in any
previous Interim Payment Certificate which has been issued by the Project
Manager, and shall have authority, if any work is not being carried out to
his satisfaction, to omit or reduce the value of such work in any Interim
Payment Certificate.
GCC40.7 Add the following Sub-Clause 40.7 at the end:
The Contractor shall furnish all reasonable assistance as may be
requested by the Engineer for the purposes of the measurement of the
1 Works, including any necessary means of access, use of equipment, labor
and materials, which may include all measurement of the quantities of
work performed.
The Contractor shall invoice the work completed and shall detail his
invoice according to the Bill of Quantities/Schedule of Prices (Volume 2
Part 5).
GCC42.1 Delete the sub-paragraph (e), (f), (g) and (i) of this Sub-Clause.
GCC45 The Contract is subject to price adjustment, and the following

information regarding coefficients does apply.
The coefficients and indices for adjustment of prices in Nepalese Rupees
shall be as specified in the Table of Adjustment Data submitted by bidder
together with the Letter of Price Bid which is approved by the Project
manager.
GCC 53.7 The Price Adjustment amount shall be limited to a maximum of:
........
I
running bill.
GCC 47.1 The liquidated damages for the whole of the Works are 0.05% per day.
--,
The maximum amount of liquidated damages for the whole of the Works
is 10 % of the final Contract Price.
....., GCC 48.1 None

l The Advance Payments shall be: 15 (Fifteen) percent of the accepted
I GCC 49.1
contract amount excluding the provisional sums, day works and VAT
--, and shall be made in two instalments. The First instalment of 8 ( eight)
l percent shall be made to the contractor not later than 15 days upon
submission of request letter for payment with acceptable Bank Guarantee
'
for advance payment and the second instalment of balance 7 (seven)
I
1 percent shall be made after the Project manager reports that contractor is
fully mobilized at site and has fulfilled contractual obligations such as
submission of insurance policies, work program to the Employer.
The advance payment guarantee shall certify that such payment shall
unconditionally be refunded upon receipt of an advice from the
Employer's Representative. Advance payment security shall be in the
l sample form specified in the Contract. The advance payment security
shall be valid up to 30 days beyond the validity of the Contract Period or
l GCC49.3
an extension thereof.
The Advance Payment will be repaid as follows:
Deductions from Payment Certificates will commence in the certificate in
i
I which the value of works executed exceeds 20% of the Contract Price.
I
Deduction will be at the rate of 25% of the respective Monthly Interim
--, Payment Certificate until such time as the advance payment has been
•
repaid; provided that the advance payment shall be completely recovered
prior to the time when 80% of the accepted Contract Price has been
....-,
!
certified .
I
GCC 50.1 Not Applicable
E. Finishing the Contract
GCC 56.1 The date by which operating and maintenance manuals are required is Not
Applicable.
i The date by which "as built" drawings are required is 60 days from
I
I substantial completion date.
GCC 56.2 The amount to be withheld for failing to produce "as built" drawings
and/or operating and maintenance manuals by the date required in GCC
56.1 is NPR 1,000,000/- (NRs. One Million Only).
--,
'
GCC 57.2 (g) The maximum number of days is: 200 days.
......,
I GCC 61.1
.......,
I
1'
--, GCC64 The Project Manager has to obtain the specific approval of the Employer
I
I
for taking any of the following actions:
' a. Approving subcontracting of any part of the works under General
Conditions of Contract Clause 7;
b. Certifying additional costs determined under General Conditions
of Contract Clause 42;
c. Determining start date under General Conditions of Contract
Clause 1;
d. Determining the extension of the intended Completion Date under
-, General Conditions of Contract Clause 27;
e. Issuing a Variation under General Conditions of Contract Clause 1
and 3 8, resulting in an increase of the accepted contract amount in
--, excess of 1 % at a time and 10% cumulatively except in an
emergency situation, as reasonably determined by the Engineer;
Emergency situation may be defined as the situation when
-, protective measures must be taken for the safety of life or of the
works or of adjoining property.
f. Adjustment of rates under General Conditions of Contract Clause
37;
g. Certifying additional cost determined under Clause 45.
h. Issuing certificate of completion.
Add the following at the end of this Clause:
GCC76
The Employer warrants that neither the data nor the information supplied
in the Bidding Document regarding the soil and general conditions on the
Site show the complete range of conditions which may be encountered on
the Site.
The Contractor shall be deemed to have inspected and examined the Site
and made such investigation as he considered necessary before submitting
his bid.
--,
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Page/ 7
-,

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' i Name of Project.- Construction of Civil Structure

Contract ID: SGHPP/Works/CW/01/077/078

Omega Energy Developer Pvt Ltd,

The Employer and the Contractor agree as follows:

3. In consideration of the payments to be made by the Employer to the Contractor as indicated in

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TABLE OF PRICE ADJUSTMENT DATA

Labor (b) 0.25

1 E.I. Maven Pvt. Ltd. Page I 3

Contract ID: SGHPP/Works/CW/01/077/078

Omega Energy Developer Pvt. Ltd

Volume 1: Bid Data Sheet and Conditions of Contract

Part 1: General Conditions of Contract (GCC)

Volume 2: Work Requirements

Part 1: General Technical Specifications (GTS)

SUNI GAD HYDROPOWER PROJECT (11.05 MW)

Contract ID: SGHPP/Works/CW/01/077/078

Omega Energy Developer Pvt. Ltd

33. Tests ······························································· 11

36. Contract Price 11

E. Finishing the Contract 18

1 59. Black Listing

64. Project Manager's Duties and Authorities 21

68. Income Taxes on Staff 21

General Conditions of Contract

1. Definitions 1.1 Boldface type is used to identify defined terms.

l Suni Gad Hydropower Project (11.05 MW)

Drawings include calculations and other information provided

l (v) Letter of Intent is the letter of the Employer expressing his

l (w) Letter of Acceptance means the formal acceptance by the

I (y) "Party" means the Employer or the Contractor, as the context

approved by the Project Manager.

If sectional completion is specified in the SCC, references in the GCC

2.3 The documents forming the Contract shall be interpreted m the

1 (i) Bill of Quantities (or Schedules of Prices for lump sum

required to rectify the loss or damage incurred.

13.6 The issuer of insurance policies shall be prior approved by the

l showing the proposed Temporary Works to the Project Manager, for

17 .5 The Contractor shall obtain approval of third parties to the design of

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19. Discoveries 19 .1 Anything of historical or other interest or of significant value

1 Suni Gad Hydropower Project ( 11.05 MW)

Adjudicator or the DRC shall give a decision in writing within 30 days

26.2 An update of the Program shall be a program showing the actual

l Employer accepts these proposals, the Intended Completion Date shall

32. Identifying 32.1

37. Changes in the 37.1 In the case of an Unit Rate contract:

38.3 If the Contractor's quotation is unreasonable and no negotiation could be

42. Compensation 42.1 The following shall be Compensation Events:

45.3 Sources of Indices and Weightings: The sources of indices shall be

45.6 Where, price adjustment provision is not applicable pursuant to Sub-

in an unexpected manner in excess often (10%) percent in comparison

46.2 Upon the issue of a Defects Liability Certificate by the Project

certificate. The Contractor shall be paid interest on the overpayment,

49.3 The advance payment shall be repaid by deducting proportionate

days of the work being done.

l E. Finishing the Con tract

(b) the Project Manager instructs the Contractor to delay the

( d) a payment certified by the Project Manager is not paid by the

1 Employer to the Contractor within 90 days of the date of the

(e) the Project Manager gives Notice that failure to correct a