Vol I
Vol I
Vol I
BID DOCUMENT
VOLUME – I
E- Bids are invited from the eligible bidders for the following work. Bidding will be
conducted through INTERNATIONAL COMPETITIVE BIDDING procedures in accordance
with the applicable guidelines for procurement under Japanese ODA Loans.
Bid E-Bid
Sl. Security Pre Bid
Submission E-Bid Opening
Name of the Work & Contract No. Meeting
No. (Rs. in closing Date
Date
Lakhs) Date
SUPPLY, ERECTION & Date: Upto 3.00 On 04.07.2023
COMMISSIONING OF PRODUCT 26.05.2023 P.M. IST on from 3.30
WATER TRANSMISSION MAINS AT 11.30 03.07.2023 P.M. IST
FOR THE 400 MLD DESALINATION A.M IST onwards.
PLANT AT PERUR ON EAST
COAST ROAD, SOUTH OF If the due date
1. CHENNAI AND UPTO PORUR 788.00 happens to be a
HEAD WORKS AND ALL ALLIED holiday, the bids
WORKS INCLUDING O&M FOR 20 will be received
YEARS – PACKAGE NO. CP3-B and opened on the
FROM CH:27100 TO CH:54000 next working day.
CNT/WSS/ICB/JICA/DESAL/GOI/021
/2023-24
Consortium bids are Acceptable
For all other conditions/ instructions please refer Bid document
FROM: 18.05.2023
2. Downloading Period
TO: 03.07.2023
30 Months (Construction Period), 2 Years of Defect Notification Period
3. Contract Period
and 20 Years of Operation and Maintenance Period.
Bids must be submitted online only through website : www.tntenders.gov.in and the Bid Documents will
4. be available in Website: www.tenders.tn.gov.in, https://chennaimetrowater.tn.gov.in &
www.tntenders.gov.in
Project for Construction of Chennai Seawater Desalination Plant (I)
Volume-I
5. The bidders should submit the Bid security by online transfer through NIC Portal to the Bank account
mentioned in the Notice Inviting Tender through e-tender/ Bank Guarantee from Nationalized Bank/
Scheduled Bank in India/ Foreign Bank having its Branch in Chennai, in favor of Managing Director,
CMWSSB. The Tenderer shall submit scanned copy of online transaction statement/ Bank Guarantee
towards Bid Security as part of Tender document. The Bidder shall submit the original Bank
Guarantee through post/courier/in person towards Bid Security within the bid submission date and time
for the tender.
Availability of tender documents - website: www.tenders.tn.gov.in,
6. https://chennaimetrowater.tn.gov.in and e-bid submission is permitted through portal
www.tntenders.gov.in. For all other details refer bid document in the website from 18.05.2023.
Sd/-
SUPERINTENDING ENGINEER
Table of Contents
Page | 1
Project for Construction of Chennai Seawater Desalination Plant (I)
Volume-I
1. The Chennai Metropolitan Water Supply & Sewerage Board (CMWSSB), Government
of Tamil Nadu has received a loan from Japan International Cooperation Agency (JICA)
towards the cost of Proposed 400 MLD Sea Water Reverse Osmosis Desalination
Plant at Perur along ECR, Chennai, Tamil Nadu. It is intended that part of the
proceeds of this loan will be applied to eligible payments under the contract for
SUPPLY, ERECTION & COMMISSIONING OF PRODUCT WATER
TRANSMISSION MAINS FOR THE 400 MLD DESALINATION PLANT AT
PERUR ON EAST COAST ROAD, SOUTH OF CHENNAI AND UPTO PORUR
HEAD WORKS AND ALL ALLIED WORKS INCLUDING O&M FOR 20 YEARS
PACKAGE NO. CP3-B FROM CH:27100 TO CH:54000.
2. The Chennai Metropolitan Water Supply & Sewerage Board (CMWSSB), Government
of Tamil Nadu now invites sealed E-Bids from eligible Bidders for the construction and
completion of SUPPLY, ERECTION & COMMISSIONING OF PRODUCT WATER
TRANSMISSION MAINS FOR THE 400 MLD DESALINATION PLANT AT
PERUR ON EAST COAST ROAD, SOUTH OF CHENNAI AND UPTO PORUR
HEAD WORKS AND ALL ALLIED WORKS INCLUDING O&M FOR 20 YEARS –
PACKAGE NO. CP3-B FROM CH:27100 TO CH:54000 (“the Works”).
4. Interested eligible Bidders may obtain further information from and inspect the Bidding
Documents during office hours from 10:00 AM to 5:30 PM at:
Page | 2
Project for Construction of Chennai Seawater Desalination Plant (I)
Volume-I
5. The cost towards the Bidding Document shall be transferred through Electronic
Clearing Services (ECS) to the bank details given below by the Bidder or any one
members of JV for an amount of USD 300.00 or INR 25000 (inclusive of GST @ 18%),
which is non-refundable. The proof of ECS transaction shall be submitted along with
submission of the E-Bid.
6. Bid Security by online transfer through NIC Portal to the bank details given below. The
Tenderer shall submit scanned copy of online transaction statement towards Bid Security
as part of Tender document.
BANK DETAILS
Name of the Bank : Bank of India
A/c Name : CMWSSB 400 MLD SWRO Perur Desal Project
A/c No. : 800110210000015
Branch Name : Mount Road, Chennai, Tamil Nadu, India
IFSC Code : BKID0008001
MICR No. : 600013010
Swift Code (Foreign : BKIDINBBMTR
Currency Transaction)
Address : No. 827, Dhun Building, Mount Road, Chennai-
600 002, Tamil Nadu, India
Alternatively the bidders can submit the Bid security in the form of Bank Guarantee
from Nationalized Bank/ Scheduled Bank in India/ Foreign Bank having its Branch in
Chennai, in favor of Managing Director, CMWSSB. The Bidder shall submit scanned
copy of online transaction statement / Bank Guarantee towards Bid Security as part of
Technical Bid. The Bidder should submit the original Bank Guarantee through
post/courier/in person towards Bid Security within the bid submission date and time for
the tender.
7. The provisions in the Instructions to Bidders and in the General Conditions of Contract
are the provisions of the Standard Bidding Documents under Japanese ODA Loans for the
Procurement of Works, October 2012.
Page | 3
Project for Construction of Chennai Seawater Desalination Plant (I)
Volume-I
8. Bid documents and e-bid submission is permitted through tender portal / website:
www.tntenders.gov.in For all other details refer Bid documents in the website from
18.05.2023.
9. E-Bids must be submitted online before 15.00 hrs on 03.07.2023 and must be
accompanied by a Bid Security of INR 7,88,00,000.00 (Indian Rupees Seven Crores
Eighty Eight Lakhs) only.
10. Bids will be opened in the presence of Bidders’ representatives who choose to attend at
15.30 Hours IST on 04.07.2023 at:
SUPERINTENDING ENGINEER
(CONTRACTS & MONITORING)
CMWSSB
Page | 4
Project for Construction of Chennai Seawater Desalination Plant (I)
Volume-I
Bidder should do the registration in the e – tender site using the option available. Then
the Digital signature registration has to be done with the e-token, after logging into the
site. The e-token may be obtained from one of the authorized Certifying authorities
such as SIFY/TCS/nCode etc. The list of address of the DSC vendors can be seen in
https://tntenders.gov.in/nicgep/app?component=%24DirectLink_0&page=DSCInfo&ser
vice=direct&session=T&sp=SDSCAddress.pdf
Bidder then should login to the site using user id and the corresponding passwords.
The e-token that is registered should be used by the bidder and should not be misused
by others.
After downloading the tender schedules, the Bidder should go through them carefully
and then submit the documents as directed; otherwise, the bid will be rejected.
If there are any clarifications, this may be obtained online through the e-tender site, or
thro’ the contact details. Bidder should take into account the corrigendum published
before submitting the bids online.
Bidder, in advance, should get ready the bid documents to be submitted as indicated in
the tender schedule and they should be in the prescribed format.
The bidder should read all the terms & conditions mentioned in the bid document and
accept the same to proceed further to submit the bids.
The Bidder has to submit the tender document online well in advance before the
prescribed time to avoid any delay or problem during the e-submission process.
The bidders should submit the Bid security by online transfer through NIC Portal to the
Bank account mentioned in the Notice Inviting Tender through e-tender/ Bank
Guarantee from Nationalized Bank/ Scheduled Bank in India/ Foreign Bank having its
Branch in Chennai, in favor of Managing Director, CMWSSB. The Bidder shall submit
the original Bank Guarantee through post/courier/given in person towards Bid Security
within the bid submission date and time for the tender. The Tenderer shall submit
scanned copy of online transaction statement/ Bank Guarantee towards Bid Security as
part of Tender document.
The CMWSS Board will not be held responsible for any sort of delay or the technical
difficulty faced in the submission of tenders online by the bidders.
Page | 5
Project for Construction of Chennai Seawater Desalination Plant (I)
Volume-I
The bidder should submit the bid documents by online mode through the site
(https://tntenders.gov.in)
The Tender document furnished by CMWSS Board uploaded in the PDF format should
not be changed or converted to any other format while submitted in the online bidding
The Bid shall be signed by a person or persons duly authorized to sign on behalf of the
Bidder. All pages of the Bid where entries or amendments have been made shall be
signed by the person or persons signing the Bid and then Bid shall be submitted the
Scanned copy in the online bidding.
Bidder should log into the site well in advance for bid submission so that he submits the
bid in time i.e. on or before the bid submission time. If there is any delay, due to other
issues, bidder only is responsible.
Page | 6
Project for Construction of Chennai Seawater Desalination Plant (I)
Volume-I
Each document to be uploaded thro’ online for the tenders should be less than 2 MB, If
any document is more than 2 MB, it can be reduced through zip format and the same
can be uploaded. It may be however noted that. If the file size is less than 1MB the
transaction uploading time will be very fast.
The time setting fixed in the server side & displayed at the top of the tender site, will be
valid for all actions of requesting, bid submission, bid opening etc., in the e-tender
system. The bidders should follow this time only, during bid submission.
All the data being entered by the bidders would be encrypted using PKI encryption
techniques to ensure the secrecy of the data. The data entered will not viewable by
unauthorized persons during bid submission & not be viewable by anyone until the time
of bid opening. Overall, the submitted tender documents become readable only after the
tender opening by the authorized individual.
The Confidentiality of the bids is maintained since the secured Socket layer 128 bit
encryption technology is used. Data storage encryption of sensitive fields is done.
Page | 7
Project for Construction of Chennai Seawater Desalination Plant (I)
Volume-I
Page | 8
Project for Construction of Chennai Seawater Desalination Plant (I)
Volume-I
Page | 9
Project for Construction of Chennai Seawater Desalination Plant (I)
Volume-I
Instruction to Bidders
The Instructions to Bidders governing this bidding process are the “Instructions to Bidders”
included in Option B: Two-Envelope Bidding, Section I, of the Standard Bidding
Documents for Procurement of Works (version 1.1), published by JICA in October, 2012.
Those Instructions to Bidders are available on the JICA’s web site shown below:
http://www.jica.go.jp/english/our_work/types_of_assistance/oda_loans/oda_op_info/guide/te
nder/index.html
Page | 10
Project for Construction of Chennai Seawater Desalination Plant (I)
Volume-I
Page | 11
Project for Construction of Chennai Seawater Desalination Plant (I)
Volume-I
Page | 12
Project for Construction of Chennai Seawater Desalination Plant (I)
Volume-I
ITB 4.7 Joint Venture will be limited to only 2 members including the Lead Bidder.
The Parties agree that the proportion of percentage participation in
works among the Parties in the JV shall be as follows:
Page | 13
Project for Construction of Chennai Seawater Desalination Plant (I)
Volume-I
B.Bidding Documents
ITB 7.1
For clarification purposes only, the Employer’s address is:
Attention:
Superintending Engineer (Contracts and Monitoring),
Office of Superintending Engineer (Contracts and Monitoring),
Chennai Metropolitan Water Supply and Sewerage Board (CMWSSB),
No.1, Pumping Station Road, Chindadripet, Chennai 600 002
E-mail: [email protected].
ITB 7.1 Responses to any request for clarification, if any, “will” be published on
the Employer’s Web Page & E-Tender Website.
www.chennaimetrowater.tn.nic.in
http://www.tenders.tn.gov.in/
ITB 7.4 A Pre-bid meeting “will” take place at the following date, time and place:
Date: 26.05.2023
Time: 11.30 AM IST
Place:
Office of Superintending Engineer (Contracts and Monitoring),
Chennai Metropolitan Water Supply and Sewerage Board (CMWSSB),
No.1, Pumping Station Road, Chindadripet, Chennai 600 002
E-mail: [email protected].
Website: www.chennaimetrowater.tn.nic.in
A site visit conducted by the Employer “will not be”organized.
ITB 8.2 Addenda, if any, “will” be published on the Employer’s web page
https://chennaimetrowater.tn.gov.in & E-Tender Website,
http://www.tenders.tn.gov.in/.
C.Preparation of Bids
ITB 10.1 The language of the Bid is: English
Page | 14
Project for Construction of Chennai Seawater Desalination Plant (I)
Volume-I
ITB 11.2 (h) Bidder shall provide proof of GST registration & PAN Certificate. If the
Bidder is an international Bidder who is not registered in India then the
Bidder shall submit an undertaking during the stage of Bidding that they
will submit these proofs of GST and PAN Certificate within 45 days of the
receipt of issuance of Letter of Acceptance.
ITB 11.3 (d) No additional documents required.
ITB 14.7 Evaluated Bid Price (Award Criteria for Contract) will be inclusive of all
taxes.
Add the following text to ITB Clause No. 14.7:
“The Accepted Contract Amount shall be deemed to include all taxes,
duties, levies, cess, royalty and other charges imposed on the services
performed under the Contract.
Employer doesn’t guarantee any tax benefits (reduced tax rate/ tax
waivers) under Customs Duty, GST, any Cess, etc. during the performance
Page | 15
Project for Construction of Chennai Seawater Desalination Plant (I)
Volume-I
of the Contract. Bidders are advised to consider the actual tax rates
(without considering any waiver) while estimating the Contract Price. Any
lawful exemption obtained during the contract period the benefit need to be
passed on to the Employer.
ITB 15.1
The currency(ies) of the Bid shall be as described below:
The unit rates and prices shall be quoted by the Bidder in the Bill of
Quantities separately in the following currencies:
(i) for those inputs to the Works that the Bidder expects to supply from
within the Employer’s country, in Indian Rupees, the name of the
currency of the Employer’s country, and further referred to as “the
local currency”; and
(ii) for those inputs to the Works that the Bidder expects to supply from
outside the Employer’s country (referred to as “the foreign currency
requirements”), in will be paid in JPY and/or USD
Page | 16
Project for Construction of Chennai Seawater Desalination Plant (I)
Volume-I
19.2(d) None
ITB 20.1 The bidder should submit the bid documents by online mode through the
site (https://tntenders.gov.in)
The online Bidding super scribed as
“TECHNICAL BID ENVELOPE” Comprising of
“PART A, INITIAL FILTER CRITERIA“ contains Scanned copy
of Bid Security, Duly filled Initial Filter Criteria with Undertaking
(Annexure I) and Signed Letter of Technical Bid.
ITB 20.2 The written confirmation of authorization to sign on behalf of the Bidder
shall consist of: Original Power of Attorney (legally valid) for authorized
signatory of the Bid
Page | 17
Project for Construction of Chennai Seawater Desalination Plant (I)
Volume-I
ITB 24.1 The modification, or substitution, notice shall be prepared, marked and
submitted online being additionally marked “MODIFICATION”, or
“SUBSTITUTION”, as appropriate.
ITB 25.1 The opening of the Technical Bid shall take place at:
SUPERINTENDING ENGINEER (CONTRACTS & MONITORING)
Office of Superintending Engineer (Contracts and Monitoring),
Chennai Metropolitan Water Supply and Sewerage Board (CMWSSB),
No.1, Pumping Station Road, Chindadripet, Chennai 600 002
E-mail: [email protected].
Date: 04.07.2023
Time: 3.30 PM (15.30 Hrs)
Page | 18
Project for Construction of Chennai Seawater Desalination Plant (I)
Volume-I
Page | 19
Project for Construction of Chennai Seawater Desalination Plant (I)
Volume-I
Page | 20
Project for Construction of Chennai Seawater Desalination Plant (I)
Volume-I
Evaluation of the Bidder’s Technical Proposal will include an assessment of the Bidder’s technical capacity to mobilize key
equipment and personnel for the contract consistent with its proposal regarding work methods, scheduling, and material sourcing
in sufficient detail and fully in accordance with the requirements stipulated in Section VI, Works Requirements.
1.1.2 Personnel
The Bidder must demonstrate that it has the personnel for the key positions that meet the following minimum requirements:
Page | 21
Project for Construction of Chennai Seawater Desalination Plant (I)
Volume-I
The Bidder shall provide details of the proposed personnel and their experience records in Form PER-1 and Form PER-2 in
Section IV, Bidding Forms.
Page | 22
Project for Construction of Chennai Seawater Desalination Plant (I)
Volume-I
1.1.3 Equipment
The Bidder must demonstrate that it has the key equipment listed hereafter:
Minimum Number
No. Equipment Type and Characteristics
required
1 Concrete mixture with hopper 3
2 Needle vibrators 5
3 Earth mover (Proclain) 5
4 Trucks/tippers/ dumpers 10
5 Dewatering pumps 1 ,2, 5 & 10 HP 3 Each Capacity
6 Mobile DG set 5
7 Hydraulic mobile crane 5
8 Chain Pulley Block 5
9 Tools and plants for jointing pipes 3
10 Pipe cutting machinery 5
11 Welding transformers for Structural Steel
12 work welding.
Drilling machine 8
5
13 Pipe bending machine 8
14 Mechanical wrinches 8
15 Set of torque wrinches for tightening flange 5
joints up to 2000 NB
The above details are Indicative. The Bidder shall add the Key Equipment as per the Requirement at Site. The Bidder shall
provide further details of proposed items of equipment using Form EQU in Section IV, Bidding Forms.
Page | 23
Project for Construction of Chennai Seawater Desalination Plant (I)
Volume-I
Any adjustments in price that result from the procedures outlined below shall be done, for purposes of comparative evaluation only,
to arrive at an “Evaluated Bid Price”. Bid Prices quoted by Bidders shall remain unaltered.
In addition to the criteria listed in ITB 36.2 (a) – (d) the following criteria shall apply:
Pursuant to ITB 32.3, the cost of all quantifiable nonmaterial nonconformities or omissions shall be evaluated. The Employer
will make its own assessment of the cost of any nonmaterial nonconformities and omissions for the purpose of ensuring fair
comparison of Bids, except for the omissions stated in ITB 14.2 which shall be treated in accordance with said clause.
The operation and maintenance costs factors for calculation of the life cycle cost are:
(i) Number of years for life cycle – Twenty (20) years of operation and maintenance including one year of Defect
Notification Period.
(ii) Annual O&M Costs [as per the priced Price Schedule of the Bidder, including cost of spare parts for the Operation
and Maintenance.]
Page | 24
Project for Construction of Chennai Seawater Desalination Plant (I)
Volume-I
Under Clause 36 of ITB, the bid price for the Capital and O&M Costs shall be used and the following Methodology will
be adopted to find the lowest evaluated cost of the plant. Only Price Bids of Technically Qualified bidders shall be
evaluated.
The Bidder shall quote Capital Cost as per Bill No. I, Supply, Erection and Commissioning of Pipeline, Valves,
Specials, Chambers etc., will be evaluated based on Works Requirement provided in the Bidding Document.
• The Bidder shall quote O&M Cost for each year of the O& M period of Twenty (20) years – As per Bill No. II,
Operation & Maintenance (O&M) for Twenty (20) years.
However, be noted the O&M cost shall not be less 10% of the Total Price Quoted. Further, the O&M price for
First Five years shall not be more than 1.5% of the Total O&M price, for next Five Years not more than 2 % of
the Total O&M Price, for next Five Years not more than 2.5% and for last Five years should not be more than
4% of the Total O&M Price This is a mandatory requirement.
Page | 25
Project for Construction of Chennai Seawater Desalination Plant (I)
Volume-I
1.3 Alternative Completion Times, if permitted under ITB 13.2, will be evaluated as follows:
Not Used
1.4 Alternative Technical Solutions for Specified Parts, if permitted under ITB 13.4, will be evaluated as follows:
Not Used
2. Qualification
(a) For construction turnover or financial data required for each year - Exchange rate prevailing on the last day of the
respective calendar year.
(b) Value of single contract - Exchange rate prevailing on the date of the contract.
Exchange rates shall be taken from the publicly available source identified in BDS 34.1 or, in case such rates are not available in
the source identified above, any other publicly available source acceptable to the Employer. Any error in determining the
exchange rates may be corrected by the Employer.
Page | 26
Project for Construction of Chennai Seawater Desalination Plant (I)
Volume-I
2.2.2 Pending All pending litigation shall in Must meet N/A Must meet N/A Form CON
Page | 27
Project for Construction of Chennai Seawater Desalination Plant (I)
Volume-I
Page | 28
Project for Construction of Chennai Seawater Desalination Plant (I)
Volume-I
Page | 29
Project for Construction of Chennai Seawater Desalination Plant (I)
Volume-I
Page | 30
Project for Construction of Chennai Seawater Desalination Plant (I)
Volume-I
Page | 31
Project for Construction of Chennai Seawater Desalination Plant (I)
Volume-I
Page | 32
Project for Construction of Chennai Seawater Desalination Plant (I)
Volume-I
Page | 33
Project for Construction of Chennai Seawater Desalination Plant (I)
Volume-I
Page | 34
Project for Construction of Chennai Seawater Desalination Plant (I)
Volume-I
Page | 35
Project for Construction of Chennai Seawater Desalination Plant (I)
Volume-I
Page | 36
Project for Construction of Chennai Seawater Desalination Plant (I)
Volume-I
(iii) In case of a JV, the value of contracts completed by its members shall not be aggregated to determine whether the requirement of the
minimum value of a single contract has been met. Instead, each contract performed by each member shall satisfy the minimum value of
a single contract as required for single entity. In determining whether the JV meets the requirement of total number of contracts, only
the number of contracts completed by all members, each of value equal or more than the minimum value required, shall be aggregated.
(iv) Volume, number or rate of production of any key activity can be demonstrated in one or more contracts combined if executed
during same time period. The rate of production shall be the annual production rate for the key construction activity (or
activities). For the rate of production, either the average during the entire period or in any one or more years during the period
should be specified.
Page | 37
Project for Construction of Chennai Seawater Desalination Plant (I)
Volume-I
Page | 38
Project for Construction of Chennai Seawater Desalination Plant (I)
Volume-I
Page | 39
Project for Construction of Chennai Seawater Desalination Plant (I)
Volume-I
b. No insolvency proceeding
before NCLT for
Domestic Bidders at the
time of the bids
submission and up till
the contract award (in
case the bidder is chosen
for contract award).
Page | 40
Project for Construction of Chennai Seawater Desalination Plant (I)
Volume-I
Page | 41
Project for Construction of Chennai Seawater Desalination Plant (I)
Volume-I
Table of Forms
Letter of Technical Bid ..........................................................................................................35
Technical Proposal.................................................................................................................43
Method Statement........................................................................................................... 45
Mobilization Schedule.................................................................................................... 46
Construction Schedule.................................................................................................... 47
Safety Plan...................................................................................................................... 48
Bidders Qualification.............................................................................................................53
Duly Signed by the Company Secretary as well as the Authorized Signatory. ............. 62
Page | 42
Project for Construction of Chennai Seawater Desalination Plant (I)
Volume-I
Page | 43
Project for Construction of Chennai Seawater Desalination Plant (I)
Volume-I
Name of the person duly authorized to sign the Bid on behalf of the Bidder**[insert
complete name of person duly authorized to sign the Bid]
Title of the person signing the Bid[insert complete title of the person signing the Bid]
Page | 44
Project for Construction of Chennai Seawater Desalination Plant (I)
Volume-I
Signature of the person named above [insert signature of person whose name and capacity
are shown above]
Date signed [insert date of signing] day of[insert month], [insert year]
*: In the case of the Bid submitted by joint venture specify the name of the Joint Venture as
Bidder
**: Person signing the Bid shall have the power of attorney given by the Bidder to be
attached with the Bid.
Note: The Bid will be rejected in case of not submitting the signed Letter of Technical Bid
Page | 45
Project for Construction of Chennai Seawater Desalination Plant (I)
Volume-I
Page | 46
Project for Construction of Chennai Seawater Desalination Plant (I)
Volume-I
(h) We understand that you are not bound to accept the lowest evaluated Bid or any other
Bid that you may receive.
Name of the person duly authorized to sign the Bid on behalf of the Bidder**[insert
complete name of person duly authorized to sign the Bid]
Title of the person signing the Bid [insert complete title of the person signing the Bid]
Signature of the person named above [insert signature of person whose name and capacity
are shown above]
Date signed [insert date of signing] day of [insert month], [insert year]
*: In the case of the Bid submitted by joint venture specify the name of the Joint Venture as
Bidder
**: Person signing the Bid shall have the power of attorney given by the Bidder to be
attached with the Bid.
Note: The Bid will be rejected in case of not submitting the signed Letter of Price Bid
Page | 47
Project for Construction of Chennai Seawater Desalination Plant (I)
Volume-I
Indices Table
Page | 48
Project for Construction of Chennai Seawater Desalination Plant (I)
Volume-I
The Bidder shall fill in column (f) by specifying a value within the ranges given by the
Employer in column (e), so that the total weighting equals 100.
Page | 49
Project for Construction of Chennai Seawater Desalination Plant (I)
Volume-I
Currency: [Insert name of currency; if the Bidder wishes to quote in more than
one foreign currency then this table should be repeated for each foreign currency.]
(a) (b) (c) (d) (e) (f) (g) (h)
Bidder’s
Base related Equivalent Bidder’s
Index Index Source of
value and source in FC for Range proposed
code description index
date currency in payment weighting
type/amount
a Non- As As To be 0.15
b adjustable mentioned mentioned confirmed 0.20-0. 25
c Labour in below in below based on 0.06-0.10
d Cement indices indices BOQ by 0.06-0.10
e Steel table table the 0.10-0.15
f Material consultant 0.03
Fuel
g &Lubricants
MS Pipes & 0.40-0.50
Specials
Total 1.00
Indices Table
The Bidder shall indicate the type of currency and columns (c), (d), (e), (f) & (h) and specify
a value within the ranges given by the Employer in column (g), so that the total weighting
equals 100.
Page | 50
Project for Construction of Chennai Seawater Desalination Plant (I)
Volume-I
Bill of Quantities
Refer Volume IV
Page | 51
Project for Construction of Chennai Seawater Desalination Plant (I)
Volume-I
Technical Proposal
- Site Organization
- Method Statement
- Mobilization Schedule
- Construction Schedule
- Safety Plan
- Personnel
- Equipment
Page | 52
Project for Construction of Chennai Seawater Desalination Plant (I)
Volume-I
Site Organization
Page | 53
Project for Construction of Chennai Seawater Desalination Plant (I)
Volume-I
Method Statement
Page | 54
Project for Construction of Chennai Seawater Desalination Plant (I)
Volume-I
Mobilization Schedule
Page | 55
Project for Construction of Chennai Seawater Desalination Plant (I)
Volume-I
Construction Schedule
Page | 56
Project for Construction of Chennai Seawater Desalination Plant (I)
Volume-I
Safety Plan
Page | 57
Project for Construction of Chennai Seawater Desalination Plant (I)
Volume-I
[The Bidder shall provide the names of suitably qualified personnel to meet the specified
requirements stated in Section III, Evaluation and Qualification Criteria, Clause 1.1.2.]
1. Title of position*
Name
2. Title of position*
Name
3. Title of position*
Name
4. Title of position*
Name
Page | 58
Project for Construction of Chennai Seawater Desalination Plant (I)
Volume-I
[The Bidder shall provide the data on the experience of the personnel indicated in Form PER-1,
in the form below:]
Name of Bidder
Position
Personnel Name Date of birth
information
Professional qualifications
Present Name of employer
employment
Address of employer
Telephone Contact (manager / personnel
officer)
Fax E-mail
Job title Years with present employer
Page | 59
Project for Construction of Chennai Seawater Desalination Plant (I)
Volume-I
[Summarize professional experience over the years of experience sought in EQC 1.1.2,
Section-3, in reverse chronological order. Indicate particular technical and managerial
experience relevant to the project.]
Page | 60
Project for Construction of Chennai Seawater Desalination Plant (I)
Volume-I
[The Bidder shall provide adequate information to demonstrate clearly that it has the
capability to meet the requirements for the key equipment listed in Section III, Evaluation and
Qualification Criteria, Clause 1.1.3. A separate Form shall be prepared for each item of
equipment listed, or for alternative equipment proposed by the Bidder.]
Item of equipment
Equipment Name of manufacturer Model and power rating
information
Capacity Year of manufacture
Current Current location
status
Details of current commitments
Source Indicate source of the equipment
Owned Rented Leased Specially manufactured
Page | 61
Project for Construction of Chennai Seawater Desalination Plant (I)
Volume-I
Bidders Qualification
Page | 62
Project for Construction of Chennai Seawater Desalination Plant (I)
Volume-I
Page | 63
Project for Construction of Chennai Seawater Desalination Plant (I)
Volume-I
Page | 64
Project for Construction of Chennai Seawater Desalination Plant (I)
Volume-I
Page | 65
Project for Construction of Chennai Seawater Desalination Plant (I)
Volume-I
2. Pending Litigation
Pending Litigation
No pending litigation in accordance with the Prequalification criteria or Section III, Evaluation
and Qualification Criteria, Sub-Factor 2.2.2, as appropriate.
Pending litigation in accordance with the Prequalification criteria or Section III, Evaluation and
Qualification Criteria, Sub-Factor 2.2.2, as appropriate, is indicated below:
Total Contract Amount
Amount in Outcome as
Year of (current value in INR)
dispute Percentage of Contract Identification
dispute
(currency) Net Worth
Page | 66
Project for Construction of Chennai Seawater Desalination Plant (I)
Volume-I
3. Litigation History
Litigation History
No court/arbitral award decisions against the Bidder since 1st January [insert year], in
accordance with the Prequalification criteria or Section III, Evaluation and Qualification Criteria, Sub-
Factor 2.2.3, as appropriate.
Court/ arbitral award decisions against the Bidder since 1st January [insert year], in accordance
with the Prequalification criteria or Section III, Evaluation and Qualification Criteria, Sub-Factor 2.2.3,
as appropriate, are indicated below:
Total Contract Amount
Year of (current value, in INR)
Contract Identification
Award
Page | 67
Project for Construction of Chennai Seawater Desalination Plant (I)
Volume-I
[The following table shall be filled in for the Bidder and for each member of a JV.]
1. Financial data
Page | 68
Project for Construction of Chennai Seawater Desalination Plant (I)
Volume-I
2. Financial documents
The Bidder and its parties shall provide copies of the financial statements for [number of
years]years pursuant the Prequalification criteria or Section III, Evaluation and Qualification
Criteria Sub-Factor 2.3.1, as appropriate. The financial statements shall:
(a) reflect the financial situation of the Bidder or in case of JV, of each member, and not of
an affiliated entity (such as parent company or group member).
Attached are copies of financial statements* for the [number of years] years required above;
and complying with the requirements.
* If the most recent set of financial statements is for a period earlier than 12 months from the
date of bid, the reason for this should be justified.
Page | 69
Project for Construction of Chennai Seawater Desalination Plant (I)
Volume-I
* Total INR for all years divided by the total number of years, in accordance with the
Prequalification criteria or Section III, Evaluation and Qualification Criteria, Sub-Factor
2.3.2, as appropriate.
Page | 70
Project for Construction of Chennai Seawater Desalination Plant (I)
Volume-I
This is to certify that our Firm (name of the Bidder / JV member) is currently not in the
process of financial restructuring under Corporate Debt Restructuring (CDR) i.e., at the time
of the proposal submission and up till the contract award (in case, our firm is chosen for
contract award).
Page | 71
Project for Construction of Chennai Seawater Desalination Plant (I)
Volume-I
[Specify proposed sources of financing, such as liquid assets, unencumbered real assets,
lines of credit, and other financial means, net of current commitments, available to meet the
total construction cash flow demands of the subject contract or contracts as specified in
Section III, Evaluation and Qualification Criteria, Sub-Factor 2.2 (Following
Prequalification), or Sub-Factor 2.5.1 (Without Prequalification), as appropriate.]
Financial Resources
No. Source of financing Amount in INR
Page | 72
Project for Construction of Chennai Seawater Desalination Plant (I)
Volume-I
[Bidders and each member to a JV should provide information on their current commitments
on all contracts that have been awarded, or for which a letter of intent or acceptance has been
received, or for contracts approaching completion, but for which an unqualified, full
completion certificate has yet to be issued, in accordance with Section III, Evaluation and
Qualification Criteria, Sub-Factor 2.2 (Following Prequalification), or Sub-Factor 2.5.1
(Without Prequalification), as appropriate.]
Page | 73
Project for Construction of Chennai Seawater Desalination Plant (I)
Volume-I
[Identify contracts that demonstrate continuous construction work over the past [number]
years pursuant to Section III, Evaluation and Qualification Criteria (Without
Prequalification), Sub-Factor 2.4.1.List contracts chronologically, according to their
commencement (starting) dates.]
Starting Ending
Contract Identification Role of Bidder
Year Year
Page | 74
Project for Construction of Chennai Seawater Desalination Plant (I)
Volume-I
[Fill out one (1) form per contract, in accordance with Section III, Evaluation and
Qualification Criteria (Without Prequalification), Sub-Factor 2.4.2(a).]
Contract of Similar Size and Nature
Similar Contract No. [insert
number] of [insert number of Information
similar contracts required]
[insert contract name and reference identification number,
Contract Identification
if applicable]
Award Date [insert day, month, year, e.g., 15 June, 2015]
Completion Date [insert day, month, year, e.g., 03 October, 2017]
Prime Contractor
Role in Contract
Single entity JV member
[check the appropriate box]
INR
[insert total contract amount and
Total Contract Amount
currency(ies)]
INR
If member in a JV, specify [insert a [insert total
participation in total Contract percentage contract amount
amount amount] and currency(ies)]
Page | 75
Project for Construction of Chennai Seawater Desalination Plant (I)
Volume-I
Page | 76
Project for Construction of Chennai Seawater Desalination Plant (I)
Volume-I
[Fill out one (1) form per contract, in accordance with Section III, Evaluation and
Qualification Criteria (Without Prequalification), Sub-Factor 2.4.2(b).]
1. Key Activity No (1): ______: [insert brief description of the Activity, emphasizing its
specificity]
Total Quantity of Activity under the contract:
Contract with Similar Key Activities
Item Information
Contract Identification [insert contract name and number, if applicable]
Award Date [insert day, month, year, e.g., 15 June, 2015]
Completion Date [insert day, month, year, e.g., 03 October, 2017]
Prime Contractor
Management
Role in Contract JV Subcontractor
Single entity Contractor
[check the appropriate box] member
Page | 77
Project for Construction of Chennai Seawater Desalination Plant (I)
Volume-I
2. Activity No.(2)
3.Activity No. (3)
Page | 78
Project for Construction of Chennai Seawater Desalination Plant (I)
Volume-I
ANNEXURE I INITIAL
FILTER CRITERIA (On
Company’s letter head)
Note: 1. “Yes‟ answer to any of the above 1 to 5 points shall disqualify the Bidder.
2. The Bidder should also enclose the following undertaking on Rs.100/- Non- Judicial
Stamp Paper duly notarized as per the format given below along with the Technical
Bid.
2. CMWSSB is free to verify the information given by the undersigned in the Initial Filter
Criteria. If any submission by us is found false or misleading at a later stage, even after
completion of the tender process, then CMWSSB may annul the award and forfeit our
EMD (if any held with CMWSSB) and Performance Security (if any available with
CMWSSB). Further, in such a case, we may be banned for future tenders of CMWSSB.
Page | 79
Project for Construction of Chennai Seawater Desalination Plant (I)
Volume-I
Form ACK
Acknowledgement of Compliance with Guidelines for
Procurement under Japanese ODA Loans
A) I, [insert name and position of authorized signatory], being duly authorized by [insert
name of Bidder/members of joint venture (“JV”)] (hereinafter referred to as the
“Bidder”) to execute this Acknowledgement of Compliance with the Guidelines for
Procurement under Japanese ODA Loans, hereby certify on behalf of the Bidder and
myself that:
(i) all information provided in the Bid submitted by the Bidder and its subcontractors
for [insert name of the Project, and name, number and identification of lot(s)
(contracts(s)) as stated in BDS 1.1] is true, correct and accurate to the best of the
Bidder’s and my knowledge and belief; and
(ii) the Bidder or any of its subcontractors has not, directly or indirectly, taken any
action which is or constitutes a corrupt or fraudulent practice and is not subject to
any conflict of interest as stipulated in the relevant section of the Guidelines and the
Bidding Document.
<If debarment for more than one year by the World Bank Group is NOT imposed, use
the following sentence B).>
B) I certify that the Bidder has NOT been debarred by the World Bank Group for more than
one year since the date of issuance of Invitation for Bids.
<If debarment for more than one year by the World Bank Group has been imposed BUT
three (3) years have passed since the date of such debarment decision, use the following
sentence B‟).>
B’) I certify that the Bidder has been debarred by the World Bank Group for a period more
than one year BUT that on the date of issuance of Invitation for Bids at least three (3)
years had passed since the date of such debarment decision. Details of the debarment are
as follows:
name of the starting date of ending date of
debarred firm debarment debarment reason for debarment
Page | 80
Project for Construction of Chennai Seawater Desalination Plant (I)
Volume-I
C) I certify that the Bidder will not enter into a subcontract with a firm which has been
debarred by the World Bank Group for a period more than one year, unless on the date
of the subcontract at least three (3) years have passed since the date of such debarment
decision.
D) I certify, on behalf of the Bidder and its subcontractors, that if selected to undertake
works and services in connection with the Contract, the Bidder and its subcontractors
shall carry out such works and services in continuing compliance with the terms and
conditions of the Contract.
E) I further certify, on behalf of the Bidder and its subcontractors, that if the Bidder and any
of its subcontractors is requested, directly or indirectly, to engage in any corrupt or
fraudulent practice under any applicable law, such as the payment of a rebate, at any
time or any stage of a process of procurement such as negotiations, execution or
implementation of contract (including amendment thereof), the Bidder shall report all
relevant facts regarding such request to the relevant section in JICA (details of which are
specified below) in a timely manner.
JICA’s information desk on fraud and corruption (A report can be made to either of the
offices identified below.)
Page | 81
Project for Construction of Chennai Seawater Desalination Plant (I)
Volume-I
The Bidder acknowledges and agrees that the reporting obligation stated above shall
NOT in any way affect the Bidder’s responsibilities, obligations or rights, under relevant
laws, regulations, contracts, guidelines or otherwise, to disclose or report such request or
other information to any other person(s) including the Employer or to take any other
action, required to or allowed to, be taken by the Bidder. The Bidder further
acknowledges and agrees that JICA is not involved in or responsible for the procurement
process in any way.
F) If any of the statements made herein is subsequently proven to be untrue or incorrect
based on facts subsequently determined, or if any of the warranties or covenants made
herein is not complied with, the Bidder will accept, comply with, and not object to any
remedies taken by the Employer and any sanctions imposed by or actions taken by JICA.
Authorized Signatory
[insert name of signatory; title]
Page | 82
Project for Construction of Chennai Seawater Desalination Plant (I)
Volume-I
We have been informed that [insert name of the Bidder, which in the case of a joint venture
shall be the name of the joint venture (whether legally constituted or prospective) or the
names of all members thereof] (hereinafter called "the Applicant") has submitted or will
submit to the Beneficiary its Bid (hereinafter called "the Bid") for the execution of [insert
description of contract] under the Loan Agreement No.[insert Loan Agreement Number].
At the request of the Applicant, we, as Guarantor, hereby irrevocably undertake to pay the
Beneficiary any sum or sums not exceeding in total an amount of [insert amount in
words]([insert amount in figures]) upon receipt by us of the Beneficiary’s complying
demand, supported by the Beneficiary’s statement, whether in the demand itself or a separate
signed document accompanying or identifying the demand, stating that either the Applicant:
(a) has withdrawn its Bid during the period of bid validity set forth in the
Applicant’s Letter of Bid (“the Bid Validity Period”), or any extension thereto
provided by the Applicant; or
(b) having been notified of the acceptance of its Bid by the Beneficiary during the Bid
Validity Period or any extension thereto provided by the Applicant, (i) has failed to
execute the contract agreement, or (ii) has failed to furnish the Performance Security, in
accordance with the Instructions to Bidders of the Beneficiary’s bidding documents.
Page | 83
Project for Construction of Chennai Seawater Desalination Plant (I)
Volume-I
This guarantee will expire and shall be returned: (a) if the Applicant is the successful Bidder,
upon our receipt of copies of the contract agreement signed by the Applicant and the
Performance Security issued to the Beneficiary in relation to such contract agreement; or (b)
if the Applicant is not the successful Bidder, upon the earlier of (i) our receipt of a copy of
the Beneficiary’s notification to the Applicant of the results of the bidding process; or
(ii)twenty-eight days after the end of the Bid Validity Period.
Consequently, any demand for payment under this guarantee must be received by us at the
office indicated above on or before that date.
This guarantee is subject to the Uniform Rules for Demand Guarantees (URDG) 2010
Revision, ICC Publication No. 758.
[signature(s)]
[Note:All italicized text is for use in preparing this form and shall be deleted from the final
product.]
Page | 84
Project for Construction of Chennai Seawater Desalination Plant (I)
Volume-I
BETWEEN
AND
The above mentioned parties of the FIRST and SECOND are collectively referred to
as the “Parties” and each is individually referred to as a “Party”
WHEREAS,
The First Party has requisite expertise and qualification to undertake all types of
Construction assignments
Page | 85
Project for Construction of Chennai Seawater Desalination Plant (I)
Volume-I
Page | 86
Project for Construction of Chennai Seawater Desalination Plant (I)
Volume-I
Now, therefore in consideration of the above premises the following broad understanding
is hereby mutually agreed between parties and agrees that theirs relationship for the
Project will be guided as follows:
Page | 87
Project for Construction of Chennai Seawater Desalination Plant (I)
Volume-I
Supply of MS Pipes along with required protective coatings including specials fittings
and expansion joints to require for execution of the Project as per the
specifications including guarantee requirement given by and to Employer
and the delivery of the total quantity of coated MS Pipes within the schedule of the
Project
Article 3- Securing & Performing
The parties shall provide each other promptly with all relevant technical and
commercial information and assistance required for the purpose of the preparation of
the detailed proposal and submission by the due date.
Article 4- Notices
All formal notices and communications to be given by one party to the other party
under or pertaining to this MoU or performance of the Contract shall be sent to the
following addresses either by fax/telex/ or mail as exigency demands.
First Party:
Address
Page | 88
Project for Construction of Chennai Seawater Desalination Plant (I)
Volume-I
Second Party
Address
Each Party shall exchange with other party in a timely manner, all necessary
information required by the other party so as to affect fulfil and timely performance
of this particular tender.
Article 6- Confidentiality
Each Party shall be obliged to keep in strict confidence and bind all of its employees/
associated and sub-contractors to keep in strict confidence all information received
directly or indirectly form the other party under this MoU and shall not at any time,
disclose such information to any third party without prior written consent of the other
party.
Article 7- Amendment:
In case of any amendments to this MoU, it must be writing and singed by the duly
authorized representative of both the parties.
Article 8- Duration
This MoU shall be valid from date of signing and continue in force and shall be
suspend by a detailed purchase order to be entered in upon award of the project. This
MoU shall terminate without prejudice to any antecedent liabilities upon the
occurrence any of the following whichever is earlier:
Page | 89
Project for Construction of Chennai Seawater Desalination Plant (I)
Volume-I
Article 9- Non-Performance
Without prejudice to any antecedent liabilities, neither party shall be responsible for
non-performance or non- fulfilment of any or all their obligations under this
agreement if such non-performance or non-fulfilment are due to reasons beyond the
reasonable control of the parties, Force Majeure situations are also included in the
expression beyond the reasonable control of the parties.
11.1 Each has all the necessary power and authority to execute and deliver this MoU.
This execution and delivery of this MoU has been duly and validly authorized
11.2 has all the necessary consents, licenses and approvals in
connection with the entry and performance of its obligations under this MoU or
shall procure there same in due course when required;
11.4 Neither party shall be liable to the other party for any direct and /or
Page | 90
Project for Construction of Chennai Seawater Desalination Plant (I)
Volume-I
11.5 Unless otherwise agreed in writing, each party shall have full and sole
responsibility for the payment of any taxes, duties, fees or assessments of any
nature whatsoever including penalties and interest, if any, levied in connections
with its scope of work and any sub contracts entered by it (including any
personal income taxes levied or imposed on any its employees or personnel or
any of its subcontractors employees or personnel.
Signed for the on behalf of First Party Signed for the on behalf of Second
Party
Witness 1 Witness 1
Name: Name:
Address: Address:
Witness 2 Witness 2
Name: Name:
Address: Address:
Page | 91
Project for Construction of Chennai Seawater Desalination Plant (I)
Volume-I
Page | 92
Project for Construction of Chennai Seawater Desalination Plant (I)
Volume-I
Page | 93
Project for Construction of Chennai Seawater Desalination Plant (I)
Volume-I
Scope of Works.......................................................................................................................85
Specification............................................................................................................................87
Drawings .................................................................................................................................88
Page | 94
Project for Construction of Chennai Seawater Desalination Plant (I)
Volume-I
Scope of Works
THIS PROJECT CONTEMPLATES CONVEYANCE OF 400 MLD OF PRODUCT
WATER THROUGH PIPELINE FROM THE DESALINATION PLANT AT PERUR
ON EAST COAST ROAD, SOUTH OF CHENNAI AND UPTO, PORUR HEAD
WORKS AND ALL ALLIED WORKSINCLUDING O&M FOR 20 YEARS FROM
CH:27100 TO CH:54000
The major components of the scheme under scope of work are as follows:
1. Engineering, Route survey, Preparing Final Plan and L-section Drawings of Pipeline for GFC,
Supply, Laying, Jointing, Testing and Commissioning of Internal Cement Mortar lined/ and Outside
Zinc Coating with final layer of Bitumen (Buried Portion)/ Polyurethane (External-Exposed Surface)
Mild Steel Pipes of size 1800 mm Dia for about 27 km
2. Engineering, Execution of Road Crossings by pipe jacking method at chainage at chainage
31+000 to 31+080, 34+680 to 34+780, 38+180 to 38+280, Road Crossing (Chennai Bypass)
between Chainage 42+300 and 42+400 and 49+100 to 49+200 for Chennai by pass and at Chainage
53+700 to 53+800.
3. Engineering, Execution of Railway crossings at Chainage 38+100 to Chainage 38+180 by
pipe jacking.
4. Engineering, Construction and commissioning of Pipe carrying bridges at Adyar river crossing
for pipe diameter 1800mm.
5. Provision of tapping points with manual Butterfly Valve for isolation, Electrically Actuated
Butterfly Valve, Electromagnetic Flowmeter and Pressure Transmitter.
6. Engineering, including all kinds if survey works required for Providing Cathodic Protection
System for corrosion protection of pipeline and Salt Pan Bridge with all allied works.
7. Providing Vacuum Breaker Air Valves, Sluice Valves and Scour Valves as suggested and
specified in specifications. Tentative sizing and indicative Numbers are suggested in Vol-IV BOQ
however Final size and Quantity shall be as per approved Surge Analysis report of rising main.
Page | 95
Project for Construction of Chennai Seawater Desalination Plant (I)
Volume-I
8. Carrying out O&M for the above Installation and Pipeline for a period of 20 years.
9. Provision of Full Automation for Operation of Valves in tapping and Reading from
Flowmeters for Pipeline work with SCADA/Distributed Control System/nelt. Complete
SCADA for Pipe operations and integrate it with 400 MLD SWRO Plant SCADA and
SCADA at CMWSSB. The Cost of same to be deemed included in the Price Bid and No extra cost
shall be payable.
10. Provision for adequate Barricades, Construction sign, torches, red lanterns and guards as
required shall be provided and maintained during the progress of the construction work.
11. Carry out Topographic survey for the entire route and Submission of as build drawings
georeferenced on GIS platform showing all fixtures etc in complete. The cost of same to be deemed
included in the Price Bid and No extra cost shall be payable.
12. Construction Program shall be developed using a normally available commercial project
management software (such as Primavera, MS Project, or equivalent) and shall show detailed micro-
level activities together with Gantt charts, CPM diagrams, critical paths, daily schedules, etc., as
needed for systematic and professional management of all construction works.
Page | 96
Project for Construction of Chennai Seawater Desalination Plant (I)
Volume-I
Specification
Refer Vol-II.
Page | 97
Project for Construction of Chennai Seawater Desalination Plant (I)
Volume-I
Drawings
Refer Vol-III.
Page | 98
Project for Construction of Chennai Seawater Desalination Plant (I)
Volume-I
Page | 99
Project for Construction of Chennai Seawater Desalination Plant (I)
Volume-I
The General Conditions governing this Contract shall be Conditions of Contract for
Construction MDB Harmonized Edition, prepared and copyrighted by the International
Federation of Consulting Engineers (Fédération Internationale des Ingénieurs-Conseils, or
FIDIC), FIDIC 2010, all rights reserved, (hereinafter referred to as “Standard GC”). This
publication is exclusive for the use of JICA’s Borrowers and their project implementing
agencies as provided under the License Agreement dated August 1st,2008, between JICA and
FIDIC, and, consequently, no part of this publication may be reproduced, translated, adapted,
stored in a retrieval system or communicated, in any form or by any means, whether
mechanical, electronic, magnetic, photocopying, recording or otherwise, without prior
permission in writing from FIDIC,except by the parties above and only for the exclusive
purpose of preparing this Contract.
The General Conditions of Contract are available on the JICA’s website shown below:
http://www.jica.go.jp/english/our_work/types_of_assistance/oda_loans/oda_op_info/guide/tender/ind
ex.html
Page | 100
Project for Construction of Chennai Seawater Desalination Plant (I)
Volume-I
Page | 101
Project for Construction of Chennai Seawater Desalination Plant (I)
Volume-I
The following Particular Conditions shall supplement the GC. Whenever there is a conflict,
the provisions herein shall prevail over those in the GC.
Page | 102
Project for Construction of Chennai Seawater Desalination Plant (I)
Volume-I
Sub-
Conditions Data
Clause
Bank’s name 1.1.2.11 Japan International Cooperation Agency (JICA)
Chennai Metropolitan Water Supply &
Borrower’s name 1.1.2.12
Sewerage Board
Time for Completion of The Work shall be completed within 30 months
1.1.3.3
Construction Works from the Commencement Date.
Time for Completion of O&M period shall be 240 months (20 years) from the
O&M Works 1.1.3.3 (ii)
date of issue of Taking Over Certificate.
Defects Notification For a Period of Two Year (2 Years) after issuing
1.1.3.7
Period Taking-Over Certificate for entire works.
Electronic
1.3 email: [email protected]
Transmission systems
Governing Law 1.4 Law of Republic of India & Govt. of Tamil Nadu
Ruling Language 1.4 English
Language of
1.4 English
Communication
The Performance Security shall be furnished as
follows:
Page | 103
Project for Construction of Chennai Seawater Desalination Plant (I)
Volume-I
Sub-
Conditions Data
Clause
conform to the requirements set forth in the
preceding two paragraphs and shall be valid up to
30 days beyond expiry of the Operation and
Maintenance for first Five year of Contract
Period.
However Six (6) months prior to the
completion/expiry of 5th year of O&M period the
Performance Security for next Five year Operation and
Maintenance Period shall be submitted and the process
shall be followed till the completion of the Total
Operation and Maintenance Period.
Performance Security:
Works Contract
The Performance Security for the Works Contract
shall be released after completion of Defect
Notification Period
Page | 104
Project for Construction of Chennai Seawater Desalination Plant (I)
Volume-I
Sub-
Conditions Data
Clause
The working hours will be from 9.00AM to
6.00PM with one hour lunch break in between.
Normal working hours 6.5
However, the work will be carried out as per the
requirement at site.
Delay Damages for
8.7 As specified in the SP Clause 8.7, Delay Damages.
Works
Maximum amount of
8.7 10% of the Works Contract Price.
Delay damages
Page | 105
Project for Construction of Chennai Seawater Desalination Plant (I)
Volume-I
Sub-
Conditions Data
Clause
Release of Retention
14.3(c) However, The Contractor may, upon furnishing an
Money
irrevocable and unconditional Bank guarantee and valid
for 28 days beyond the end of Defect Notification
Period, require the Employer to refund the Retention
Money deducted by the Employer under the provisions
of Clause 14.3 Provided that the refund hereunder shall
be made in tranches of not less than 1% (one per cent)
of the Contract Price.
Period of Submission
of evidence:
(a)Evidence of 18.1 28 days
insurance
(b)Relevant policies 18.1 28 days
Page | 106
Project for Construction of Chennai Seawater Desalination Plant (I)
Volume-I
Page | 107
Project for Construction of Chennai Seawater Desalination Plant (I)
Volume-I
Sub-
Conditions Data
Clause
Appointment (if not
The President of FIDIC or a person appointed by
agreed) to be made 20.3
him.
by
For Domestic Bidders
Arbitration and Conciliation Act, 1966 and
Amendment thereof with seat in Chennai, Tamil
Nadu, India.
Arbitration 20.6
For Foreign Bidders
ICC Rules shall be Adopted. The seat and venue of
Arbitration shall be Mutually Agreed during the
Contract Award.
Limit of the
Compensation for
delays or interruptions 22.5 10% of O&M Contract Price
caused by the
Contractor
Limit of the 22.5 (b) 10% of O&M Contract Price
Compensation for
delays or interruptions
caused by the Employer
Failure to Maintain 22.6 (i) 50%
Compliance with
Quality requirements
Page | 108
Project for Construction of Chennai Seawater Desalination Plant (I)
Volume-I
1.1.1.1(b) “Works Contract” means that portion of the Contract that relates to
the design, submittals, procurement, construction, fabrication,
installation, testing, trial run, and commissioning of the Works or
components of the Works, and the remedying of any defects, but
excluding Operation and Maintenance, in accordance with the
provisions of the Contract.
1.1.1.1(c) “O&M Contract” means that portion of the Contract that relates to
the Operation and Maintenance of the Works for the Operation
and Maintenance Period, as defined in the Contract Data, but
excluding the Works Contract, in accordance with the provisions of
the Contract.
Amend Subparagraph 1.1.1.8 of Sub-Clause 1.1 by adding the following words at the end:
1.1.1.8 “Tender” means the Letter of Tender and all other documents which the
Contractor submitted with the Letter of Tender, as Incorporated in the
Contract.
Page | 109
Project for Construction of Chennai Seawater Desalination Plant (I)
Volume-I
1.1.3.3 (i) "Time for Completion of Works" means the time period, starting
from the Commencement Date, within which Contractor is required by
Contract to complete the Works. The numerical value for Time for
Completion of Works is specified in Contract Data.
1.1.3.3 (ii)“Operation and Maintenance Period” means the time period during
which the Contractor shall be fully responsible for operation and
maintenance of the Works, starting from the date of completion of the
Works as certified by the Engineer. The numerical value for Operation
and Maintenance Period is specified in Contract Data.
1.1.3.10“Operation & Maintenance Period” means the time period, which will
commence from the issue of the Taking-Over Certificate to the elapse of
period of 20 ( Twenty) Years. During Defects Notification Period of
Two years (2 years), the Contractor is supposed to operate & maintain
all infrastructure works as mentioned in Contract, however the
Contractor will not be paid separately for rectifying the defects, if any.
1.1.4.2(a) “Contract Price" means the price as defined in Sub Clause 14.1[The
Contract Price], and includes the adjustments (if any) in accordance
with the Contract.
For the purposes of determining payments under the Contract and, where
applicable, other obligations, the Contract Price shall be subdivided into
a “Works Contract Price” and “O&M Contract Price”, as defined in
the following Sub paragraphs 1.1.4.2 (b) and (c), respectively.
The total “Contract Price" will be the sum of the Works Contract Price
and the O&M Contract Price.
1.1.4.2(b) “Works Contract Price" means that portion of the Contract Price
payable to the Contractor for performance of the Works Contract in
accordance with the provisions of the Contract. The Works Contract
Price will be the total of the amounts for carrying out the Works, as set
out in Volume III Schedule of Prices, under for Various Packages
1.1.4.2(c) “O&M Contract Price" means that portion of the Contract Price
payable to the Contractor for performance of the O&M Contract in
accordance with the provisions of the Contract. The O&M Contract
Price will be the total amount for operation and maintenance during the
O&M period, as set out in Volume III, Schedule of Prices, under
Schedule for Operation and Maintenance.
Page | 110
Project for Construction of Chennai Seawater Desalination Plant (I)
Volume-I
1.1.6.12 “Facilities” means the Works executed and completed by the Contractor
after trial run and commissioning, and remedying defects therein in
terms of the Contract.
1.1.6.13 “Operations and Maintenance" means performance of any and all tasks
and provision of any and all things necessary for the safe and efficient
functioning of the Works in compliance with all applicable regulations
and the O&M Contract. This includes but is not limited to supply of all
labour, equipment, materials, fuel and other consumables, and all other
necessary things.
Replace the list of documents listed under (a) to (h) with the following:
Page | 111
Project for Construction of Chennai Seawater Desalination Plant (I)
Volume-I
The Contractor shall keep, on the Site, a copy of the Contract, publications named
in the Works Requirements, the Contractor’s Documents, and Variations and other
communications given under the Contract. The Employer’s Personnel shall have
the right of access to all these documents at all reasonable times.
Replace with the following the 6th, 7th and 8th paragraphs of Sub-Clause 3.1:
The Engineer shall obtain specific written approval of the Employer before taking
any of the following actions under the respective clauses of the Contract:
(c) granting an extension of the time for completion under Sub-Clause 8.4
[Extension of Time for Completion],
Page | 112
Project for Construction of Chennai Seawater Desalination Plant (I)
Volume-I
(d) suspending progress of part or all of the Works under Sub-Clause 8.8
[Suspension of Works]
(i) determining the validity of any claims made by the Contractor under Sub-
Clause 20.1 [Contractor‟s Claims].
The Engineer or the Contractor may require the other to attend meetings as
necessary in order to discuss matters related to the Works or Operation and
Maintenance. The party initiating the meeting shall provide a written agenda to
the other party no less than three (3) working days prior to the date of the
meeting, unless the meeting is required to address an emergency. The party
initiating the meeting shall prepare meeting minutes documenting the proceedings
of such meetings and supply copies of the minutes to those attending the meetings
and to the Employer. The minutes shall assign responsibilities for any actions to
Page | 113
Project for Construction of Chennai Seawater Desalination Plant (I)
Volume-I
be taken in accordance with the Contract. The Contractor shall attend all meetings
as required by the Employer or the Engineer.
Replace in the third paragraph: “as defined by the Bank” with “as defined by the Loan
Agreement between the Bank and the Borrower”.
Replace the entire text of paragraphs 1, 2, 3, 4, 5 & 6 of Sub-Clause 4.2 with the following:
The Contractor shall provide a Performance Security at his cost for its proper
performance of the Contract, to be delivered to the Employer within 28 days after
the receipt of the Letter of Acceptance. The Performance Security will be as
specified in the Contract Data, and shall be in the form of an unconditional and
irrevocable bank guarantee issued either by a Nationalized or Scheduled Bank
located in India or a foreign bank through a correspondent bank located in India
and acceptable to the Employer.
The Performance Security shall be valid until the Contractor has fully and
satisfactorily completed all of its obligations of the Works Contract. 100% of the
performance security shall be released after Completion of Defect Notification
Period.
At the Start of Operation & Maintenance period the Contractor should submit,
another performance security for Operation & Maintenance which will be Ten
Percent (10 %) of Total Cost of Five Years of Operation & Maintenance Contract
Cost. Such guarantee shall conform to the requirements set forth in the preceding
two paragraphs and shall be valid up to 30 days beyond expiry of the Operation
and Maintenance Five year Contract Period.
However Six (6) months prior to the completion/expiry of 5th year of O&M
period the Performance Security for next Five year Operation and Maintenance
Period shall be submitted and the process shall be followed till the completion of
the Total Operation and Maintenance Period.
The Employer shall not make a claim under the Performance Security, except for
amounts to which the Employer is entitled under the Contract.
The Employer shall indemnify and hold the Contractor harmless against and from
all damages, losses and expenses (including legal fees and expenses) resulting
from a claim under the Performance Security to the extent to which the Employer
was not entitled to make the claim.
The Contractor should submit the Performance Security in the form annexed to
the Particular Conditions.
Page | 114
Project for Construction of Chennai Seawater Desalination Plant (I)
Volume-I
The Contractor shall not subcontract more than 20% (twenty percent) of the
Works Contract Price, and any proposed subcontracts shall be subject to the
following conditions:
(a) for all subcontracts, whether proposed in the tender or at a later date, the
Contractor shall, in the format provided in Volume I, Section IV A Bidding
Forms submit a list of proposed Subcontractors along with their credentials
including technical capability, financial capability, and experience in works
similar to those which are proposed to be subcontracted;
(b) the Engineer will scrutinize the proposals submitted by the Contractor and
approval of the Subcontractors will be based on their overall capacity to
execute the works proposed to be subcontracted;
The Contractor shall be responsible for the acts or defaults of any sub-contractor,
his agents or employees, as if they were the acts or defaults of the Contractor. The
act of subcontracting any part or component of the Works shall not relieve the
Contractor of his overall responsibilities under the Contract. The Contractor shall
be responsible for compliance by all Subcontractors with all the provisions of the
Contract. The Contractor shall be responsible for the acts or defaults of any
Subcontractor, his agents, or employees, as fully as if they were the acts or
defaults of the Contractor, his agents, or employees.
In the event that the Engineer determines that any Subcontractor’s performance
with respect to progress, quality, or Contract compliance is unsatisfactory, then
the Contractor will be required to remove such Subcontractor from the Site and
either undertake the Works itself or provide a suitably qualified replacement. If
any delays occur as a result, the Contractor will be responsible for taking any
necessary actions to make up the lost time, for which no additional payments or
extension of time will be granted.
The Contractor shall carry out all Operation and Maintenance of the Works solely
by himself and shall not sub-contract any part of the O&M Contract.
Page | 115
Project for Construction of Chennai Seawater Desalination Plant (I)
Volume-I
In the last paragraph replace the words „possession of‟ by the words „access to‟.
The Contractor shall be responsible for the co-ordination and proper execution of
the Works, including co-ordination with Government organization/ government
institutions, and organizations to the extent specified in the Works Requirements.
Unless otherwise stated in the Works Requirements, the Contractor shall, from the
date of the Employer providing right of access to or possession of the Site to
the Contractor under Sub Clause 2.1 [Right of Access to the Site], until completion
of its obligations under the Contract (including the O&M Contract), shall:
Page | 116
Project for Construction of Chennai Seawater Desalination Plant (I)
Volume-I
(a) the form and nature of the Site, including sub-surface conditions,
(c) the extent and nature of the work and Goods necessary for the execution and
completion of the Works and the remedying of any defects,
(d) the Laws, procedures and labour practices of the Country, and
Add the following sentence at the end of the last sentence of this Sub-clause:
…, and the provision of the Operation Service and satisfactory completion of the
O&M Contract.
Unless otherwise stated in the Works Requirements, the Contractor shall provide
all Contractor's Equipment necessary to fully and satisfactorily complete the
Works Contract and the O&M of the facilities.
The Contractor shall submit, within 28 days after receiving the notice to
Commence the Works, as stipulated in Standard GC 8.3., the proposed
Deployment Program for all necessary Equipment, Plant, and Machinery to be
used for construction, for approval by the Engineer. Such Deployment Program
shall be developed using normally available commercial project management
software and shall show equipment, plant, and machinery at micro level detail,
along with Bar charts, essential for systematic and professional management of
all construction works. The Engineer will either approve the submittal or provide
comments thereon to the Contractor within 14 days of submission by the
Contractor. The Engineer’s, approval, disapproval, comments, or failure to
provide any of these to the Contractor, shall in no way relieve the Contractor of
any of its obligations or responsibilities under the Contract.
Provision of electricity during the Operation and Maintenance period shall be the
responsibility of the Employer.
Page | 117
Project for Construction of Chennai Seawater Desalination Plant (I)
Volume-I
Monthly Progress Reports, depicting the progress achieved in the month, shall be
prepared by the Contractor in a format approved by the Engineer and the
Employer and submitted to the Engineer.
The special reporting requirements during the Operation and Maintenance Period
shall be as specified in the Works Requirements.
The working hours for the Operation and Maintenance Contract shall be 24 hours
per day, 7 days a week, for all days of the year including national holidays.
Throughout the execution of the Works and the Operation and Maintenance
Period, the Contractor shall provide whatever is required by this person to
exercise this responsibility and authority.
The Contractor shall submit, within 28 days after receiving the notice to Commence the
Works, stipulated in Standard GC 8.3.,
the proposed Deployment Program for all key
personnel as well as workers for superintendence of construction activities for
approval by the Engineer. Such Deployment Program shall show details of
qualifications and experience of key personnel and the number of skilled/semi-
skilled/unskilled workers to be deployed on a timeline, which is essential for
proper superintendence and systematic and professional management of all
construction works. The Engineer will either approve the submittal or provide
comments thereon to the Contractor within 14 days of submission by the
Page | 118
Project for Construction of Chennai Seawater Desalination Plant (I)
Volume-I
During the Operation and Maintenance Period, the Employer shall be notified of
any changes to the Personnel or Equipment at the end of each calendar month.
The Contractor shall carry out the manufacture of Plant, the production and
manufacture of Materials, and all other execution of the Works and Operation and
Maintenance:
The Contractor shall submit, within 28 days after receiving the notice to
Commence the Works, as stipulated in Standard GC 8.3, the proposed
Procurement Program for all necessary Equipment, Plant, and Materials
(including but not limited to Piping, Structural Steel, Cement, Reinforcement
Steel, Fuels, Lubricants, Spare Parts, etc.) to be incorporated into the Works for
approval by the Engineer. Such Procurement Program shall be developed using a
normally available commercial project management software and shall show
detailed planning and scheduling for placing of orders, inspections by the
Contractor, Engineer, Employer, and/or third party agencies, as applicable, and
transportation plans and delivery schedules for all Equipment, Plant, and
Materials to be incorporated into the Works as essential for systematic and
professional management of all construction works. The Contractor shall submit
the Third Party Certificate from the Manufactures and other required submittals
for Approval. The Engineer will either approve the submittal or provide
Page | 119
Project for Construction of Chennai Seawater Desalination Plant (I)
Volume-I
Replace Sub-paragraph (b) of the first paragraph of Sub-Clause 7.3 with the following:
during production, manufacture, and construction (at the Site and elsewhere), and
the Operation and Maintenance Period, be entitled to examine, inspect, measure,
and test the materials and workmanship, and to check the progress of manufacture
of Plant, production and manufacture of Materials, and Operation and
Maintenance.
In the event that the Contractor’s actual progress falls behind the planned
progress for reasons that are not outside the control of the Contractor, the
Contractor shall accelerate his schedule to the extent required to ensure full
completion of the Works within the Time for Completion of the Works, for which
no additional payment will be made.
Page | 120
Project for Construction of Chennai Seawater Desalination Plant (I)
Volume-I
If the Contractor fails to comply and adhere to the Project Schedule and
Milestones prepared by the Contractor and subsequently approved by the
Employer, the Employer shall, subject to Sub-Clause 2.5 [Employer's Claims], be
entitled to withhold delay damages from the Contractor for this default. These
delay damages shall be the amount stated herein below. However, the total
amount due under this Sub-Clause shall not exceed the maximum amount of
delay damages (if any) stated in the Contract Data.
The Delay Damages shall be charged for delays in the completion of every
Milestones as per the following rates:
If the Contractor completes within the specified time the next milestone to
the milestone for which the Delay Damages has been levied, the withheld
Delay Damages will be released. For example, if the Contractor completes
the works of 2nd milestone within the specified timeline then any Delay
Damages levied on the non-completion of 1st Milestone on time, will be
released. Consequently, if the entire works are not completed within the
intended Completion Period of 30 months, the unreleased-withheld Delay
Damages shall not be returned.
Page | 121
Project for Construction of Chennai Seawater Desalination Plant (I)
Volume-I
During the Operation and Maintenance Period the Contractor shall be responsible
for repairing and making good any damage or defect occurring during the
Operation and Maintenance Period, whether such defect or damage is identified
by the Engineer / Employer or observed by the Contractor himself.
As an exception to the above, the Provisional Sum for the cost of the DB shall be
used for payments to the Contractor of the Employer’s share (one-half) of the
invoices of the DB for its fees and expenses, in accordance with GC 20.2. No
prior instruction of the Engineer shall be required with respect to the work of the
DB. The Contractor shall produce the DB invoices and satisfactory evidence of
having paid 100% of such invoices as part of the substantiation of those
Statements submitted under Sub-Clause 14.3, which contain requests for payment
under the Provisional Sum toward the cost of the DB. The Engineer’s
certification of such Statements shall be based upon such invoices and such
evidence of payment by the Contractor. Contractor’s overhead, profit, etc., shall
not be included in the provisional sums for the cost of the DB.
Add the following to the end of the 3rd paragraph of Sub-Clause 13.8:
Page | 122
Project for Construction of Chennai Seawater Desalination Plant (I)
Volume-I
• No price adjustment shall be payable on Advance Payment and the portion other than
Contract Price. Variation and Adjustment is not applicable on GST and works
executed under Provisional Sums.
• No price increase will be allowed for periods of delay attributable to the Contractor.
The Employer will, however, be entitled to any price decrease occurring during such
periods of delay.
• The Adjustment shall be calculated based on the date of the measurement of work.
• No price increase shall be allowed beyond the original completion date as agreed in
the Procurement Programme as per SP Clause No. 7.1 unless the delay is attributable
to the Employer or Force Majeure.
Price Adjustment shall be applicable for Works Contract and Operation and Maintenance
Contract. This clause is operative both ways, i.e., if the price Adjustment as calculated is
on the plus side, payments on account of the price Adjustments shall be allowed to the
Contractor and if it is on the negative side, the Employer shall be entitled to recover the
same from the Contractor and the amount shall be deductible from any amounts due and
payable under the Contract.
Weighting and Adjustment Factors:. The weightages for each of the factors of cost,
shall be as follows:
For Local Currency: Refer Schedule of Adjustment Data, Table-A at Part-1,
Section-IV.
For Foreign Currency: Refer Schedule of Adjustment Data, Table-B at Part-1,
Section-IV.
the Contractor shall pay all taxes, duties and fees required to be paid by him
under the Contract, and the Contract Price shall not be adjusted for any of these
costs except as stated in Sub-Clause 13.7 [Adjustments for Changes in
Legislation ]. For clarity, the Accepted Contract Amount shall be deemed to
include all taxes, duties, levies, cess, royalty and other charges imposed on the
services performed under the Contract. Employer doesn’t guarantee any tax
benefits (reduced tax rate/ tax waivers) under Customs Duty, GST, any Cess, etc.
during the performance of the Contract. Bidders are advised to consider the actual
tax rates (without considering any waiver) while estimating the Contract Price.
Any lawful exemption obtained during the contract period the benefit needs to be
passed on to the Employer.
Page | 123
Project for Construction of Chennai Seawater Desalination Plant (I)
Volume-I
portion, JICA’s commitment procedure to be followed and the Employer shall bear
the bank charges (LC charges).
Local Currency: CMWSSB shall make the payment to the Contractor and then
request JICA through Controller of Aid Accounts & Audit (CAAA) to reimburse the
fund. In this case, the fund transferred by JICA to the bank account of GoI ill pass
through GoTN to CMWSSB.
Foreign Currency: L/C shall be opened by the Employer on the Contractor's bank
account. After the L/C is issued by the L/C issuing bank in India and L/COM issued
by JICA, the supplier can receive the fund from JICA passing through only
commercial banks (L/C issuing bank and supplier's bank). Any L/C
opening/negotiation charges will be borne by the Employer.
The Contract Price shall be paid in the currency or currencies in which the bid price
was expressed in the Letter of Bid. If more than one currency is so named, payments
shall be made as follows:
(b) other payments to the Employer by the Contractor shall be made in the
currency in which the sum was expended by the Employer, or in such
currency as may be agreed by both Parties;
(d) the applicable rates of exchange shall be those prevailing on the Base Date
and determined by the central bank of the Country.
Page | 124
Project for Construction of Chennai Seawater Desalination Plant (I)
Volume-I
execution of the work then that employee shall be removed in accordance with
Sub-Clause 6.9 [Contractor’s Personnel].
Any dispute between the Parties arising out of or in connection with the Contract
not settled amicably in accordance with Sub-Clause 20.5 above and in respect of
which the DB’s decision (if any) has not become final and binding shall be finally
settled by arbitration. Arbitration shall be conducted as follows:
a) if the contract is with foreign contractors (or if the lead partner is a foreign
contractor, in case of JV), international arbitration with proceedings
administered by the International Chamber of Commerce (ICC) and
conducted under the ICC Rules of Arbitration; by one or more arbitrators
appointed in accordance with said arbitration rules.
b) if the Contract is with domestic contractors, arbitration with proceedings
conducted in accordance with the laws of the Employer’s country.
The seat and venue of arbitration for domestic contractor shall be Chennai, India
while the seat and venue of arbitration for foreign contractor shall be mutually
agreed during the contract award; and the arbitration shall be conducted in the
language for communications defined in Sub-Clause 1.4 [Law and
Language].The arbitrators shall have full power to open up, review and revise any
certificate, determination, instruction, opinion or valuation of the Engineer, and
any decision of the DB, relevant to the dispute. Nothing shall disqualify
representatives of the Parties and the Engineer from being called as a witness and
giving evidence before the arbitrators on any matter whatsoever relevant to the
dispute.
Neither Party shall be limited in the proceedings before the arbitrators to the
evidence or arguments previously put before the DB to obtain its decision, or to
the reasons for dissatisfaction given in its Notice of Dissatisfaction. Any decision
of the DB shall be admissible in evidence in the arbitration.
22.1General Requirements
Page | 125
Project for Construction of Chennai Seawater Desalination Plant (I)
Volume-I
The Contractor shall comply with the Operation Management System as provided
for in the Contract and any revisions thereof which are agreed during the Contract
Period. The Contractor shall follow the requirements of the Operation and
Maintenance Plan and the Operation and Maintenance Manuals. No significant
alteration to such arrangements and methods shall be made without the prior
approval of the Engineer.
The Contractors and maintenance personnel shall have the appropriate experience
and qualifications to perform the Operation and Maintenance service as required
under the Contract. The names, with details of their qualifications and experience,
of all operation and maintenance personnel shall be submitted to the Employer for
approval, and no such personnel shall be engaged prior to receiving such
approval.
The Operation and Maintenance shall not commence until the Works have been
completed in accordance with the Contract and Taking-Over Certificate has been
issued in terms of the Contract.
The Contractor shall thereafter provide the Operation and Maintenance service in
compliance with the Operation Management System and in accordance with As-
Built Documents and the Operation and Maintenance Manuals.
The Contractor shall not implement any proposed modification until such
modification has been reviewed by the Engineer, and consent to proceed has been
given in writing. However, any such approval or consent, or any review (under
this Sub-Clause or otherwise), shall not relieve the Contractor from any
obligation or responsibility.
The Contractor shall be responsible for the supply and delivery to the
Site (or other designated place) of the chemicals, fuels, consumables and
other such items specified in the Works Requirements. The Contractor
shall be responsible that all such items are fit for purpose and comply with
the requirements of the Contract in respect of quality, purpose and function.
Page | 126
Project for Construction of Chennai Seawater Desalination Plant (I)
Volume-I
In the event that any such item or product is not delivered in accordance with
the agreed delivery programme or deviates from the specified quality, and
such delay or deviation causes the Contractor to suffer additional cost, the
Contractor shall not be entitled for any extra costs which he has incurred.
22.4 Training
The programme and scheduling of the training shall be agreed with the
Employer, and the Contractor shall provide experienced training staff,
and all training materials as stated in the Works Requirements. The Employer
shall be responsible for nominating and selecting suitable personnel for
training.
Delays and interruptions during the Operation Service will be agreed and
determined as follows:
If there are any delays or interruptions during the Operation and Maintenance
service which are caused by the Contractor or by a cause for which the
Contractor is responsible, the Contractor shall compensate the Employer for
any losses including loss of revenue, loss of profit, and overhead losses. The
amount of compensation due shall be agreed according to Sub-Clause 3.5
[Determinations], and the Employer shall be entitled to recover the amount
due by making a corresponding deduction from the next payment due to the
Contractor. However, the total amount of compensation payable by the
Contractor to the Employer shall not exceed the amount stated in the Contract
Data.
If there are any delays or interruptions during the Operation Service which are caused by the
Employer or by a cause for which the Employer is responsible, the Employer shall
compensate the Contractor for any cost only. The amount of compensation due shall be
agreed or determined according to Sub-Clause 3.5 [Determination], and the Employer shall
pay the amount due by making a corresponding adjustment lo the next payment due to the
Contractor. In any event other than in the case of election by the Employer to terminate for
his convenience pursuant to Sub-Clause 15.5 [Termination for Employers Convenience], the
total amount of compensation payable by the Employer to the Contractor shall not exceed the
amount stated in the Contract Data. There will be no extension of the period of the Operation
Service as a result of any such delay or interruption.
Page | 127
Project for Construction of Chennai Seawater Desalination Plant (I)
Volume-I
The Engineer may at any time during the Operation and Maintenance instruct
the Contractor to suspend progress of the Operation and Maintenance. During
such suspension, the Contractor shall protect, store, secure and maintain the
Facilities against any deterioration, loss or damage.
If the need to suspend the Operation and Maintenance by the Employer is due to
any failure of the Contractor or circumstances for which the Contractor is
responsible under the Contract, the provisions of paragraph (a) of this Sub-Clause
shall apply.
If the need to suspend the Operation and Maintenance is not as a result of any
failure by the Contractor or is due to circumstances for which the Contractor is not
responsible under the Contract, the provisions of paragraph (b) of this Sub-Clause
shall apply.
After the permission or instruction to proceed is given, the Contractor and the
Engineer shall jointly examine the Facilities. The Contractor shall make good any
deterioration or defect in the Plant and the Engineer shall make a written record of
all making good required to be carried out by the Contractor. If the suspension is
not due to any failure by the Contractor or is due to circumstances for which the
Contractor is not responsible under the Contract, the Contractor shall be entitled to
be paid only after approval from the Employer the amount required for making
good the Facilities prior to re-commencing the Operation and Maintenance
If the Contractor fails to provide Operation and Maintenance for the entire O&M Period
specified in the Contract, and such failure:
then the Contractor shall pay to the Employer compensation in accordance with Sub-
Clause 22.5 [Delays and Interruptions during the Operation and
Maintenance].
Page | 128
Project for Construction of Chennai Seawater Desalination Plant (I)
Volume-I
In the event that the Contractor fails to achieve and maintain compliance with the
Specified quality requirements specified in the Contract, the Contractor and Employer
shall jointly establish the cause of such failure.
(a) If the cause of the failure lies with the Contractor then, after due consultation with
the Employer, the Contractor shall take all steps necessary to achieve and maintain
compliance with the effluent quality requirements specified in the Contract.
If the Employer suffers any loss as a result of the failure or the measures taken by the
Contractor, the Contractor, subject to Sub-Clause 3.5 [Determinations], shall pay the
Employer performance damages as stipulated in Contract Data.
Unless otherwise stated in the Contract, if the failure continues for a period of more than
15 days, and the Contractor is unable to achieve compliance with the specified quality
requirements specified in the Contract, the Employer may:
(i) either continue with the Operation and Maintenance with the deduction in the
Contractor’s monthly payment as stated in Contract Data or
(ii) give the Contractor 30 days’ notice in writing and terminate the Contract. In such
an event, the Employer shall be free to continue the Operation and
Maintenance himself or by others.
Unless the Parties have mutually agreed to extend the Operation and Maintenance
Period, the obligation of the Contractor to operate and maintain the Facilities under
the Contract shall cease at the end of the period stated in the Contract as the
Operation and Maintenance Period.
Pre-conditions which must be fulfilled by the Contractor before the Final Contract
Completion Certificate will be issued in accordance with Clause 9 and Clause 11
on Completion of the Operation and Maintenance Period.
Page | 129
Project for Construction of Chennai Seawater Desalination Plant (I)
Volume-I
a) Construction Part
Payments will be made for civil works to the extent of 100% of the value of the
finished work done by the Contractor.
The amount due under Sr.No.1 above table will be paid as follows:
a. For the first and second consignments: Payment shall be made only when the
pipes and specials are accepted in the work spot by the Engineer.
b. For the subsequent consignments: Payment shall be made only when the
pipes and specials are accepted in the work spot by the Engineer and atleast
50% of the pipes and specials supplied on previous consignments and 100%
of the earlier consignments are laid, joined and tested to the satisfaction of
the Engineer.
Page | 130
Project for Construction of Chennai Seawater Desalination Plant (I)
Volume-I
5% of the quoted rates for laying, jointing, hydraulic testing and refilling
will be released after commissioning of complete facility
• The quantities of materials are not excessive and shall be certified by the
contractor to be utilised within a reasonable time (not exceeding 3 months).
• The materials are in accordance with the requirement and technical
specifications.
• The materials have been delivered to site and are properly stored and
protected against damage or deterioration to the satisfaction of the
Employer.
• The Contractor’s records of the requirement, orders, receipt and use of
materials are kept in a form approved by the Employer and such records
shall be available for inspection by the Employer.
Payment for the Operation Services would to 100% of the eligible Total Payment
for Operation Services will be paid monthly on meeting the contract conditions.
METHOD OF PAYMENT
Operation and Maintenance Price shall mean the amount payable by the Employer
to the Contractor, for the fulfilment of the Contractor’s Operation and Maintenance
Obligations as below:
At the end of each month, the Contractor shall raise a monthly invoice towards O&M
Fee. This shall include labour, administration, regular maintenance, minor
replacements etc and maintenance of pipeline. Further Fixed O&M fee shall be
detailed break down into labour, administration and other items. The Fee shall be
inclusive of all taxes and duties including GST.
The O&M Fees for each Operating Day in respect of each month of the Operating
Period, based on the maximum volumetric operational capacity of the Facilities to
transmit the Product Water as per the Contract and all statutory payments like
EFP/ESI etc. The contractor with each of the monthly bill provide due evidence of
such statutory remittance with the respective authorities. In the event he is unable to
provide such evidence, the payment for that month including the variable fee shall not
be paid.
Any leak or burst has to be attended within the stipulated period of occurrence as per
directions of Employer. If the leaks and bursts are not attended within the stipulated
Page | 132
Project for Construction of Chennai Seawater Desalination Plant (I)
Volume-I
period, a penalty of Rs. 50,000/- per day will be levied till the leaks are completely
rectified.
Page | 133
Project for Construction of Chennai Seawater Desalination Plant (I)
Volume-I
SCHEDULE 2: MILESTONES
S.
Work Description
No. 1st Milestone 2nd Milestone 3rd Milestone 4th Milestone 5th milestone
Page | 134
Project for Construction of Chennai Seawater Desalination Plant (I)
Volume-I
Page | 135
Project for Construction of Chennai Seawater Desalination Plant (I)
Volume-I
Letter of Acceptance
[Insert letterhead paper of the Employer]
[Insert date]
This is to notify you that your Bid dated [insert date] for execution of the [insert name of the
Contract and identification number, as given in the Contract Data] for the Accepted Contract
Amount of the equivalent of [insert amount in words and figures] [insert name of currency],
as corrected and modified in accordance with the Instructions to Bidders, is hereby accepted
by our Agency.
You are requested to furnish the Performance Security within 28 days in accordance with the
Conditions of Contract, using for that purpose one of the Performance Security Forms
included in Section IX, Annex to the Particular Conditions - Contract Forms, of the Bidding
Documents
Authorized Signature:
Name and Title of Signatory:
Name of Agency:
Attachment:Contract Agreement
Page | 136
Project for Construction of Chennai Seawater Desalination Plant (I)
Volume-I
Contract Agreement
THIS AGREEMENT made the [insert day] day of [insert month], [insert year], between
[insert name of the Employer] (hereinafter “the Employer”), of the one part, and [insert name
of the Contractor] (hereinafter “the Contractor”), of the other part:
WHEREAS the Employer desires that the Works known as [name of the Contract] 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 therein,
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. This Agreement shall prevail over all other Contract documents.
(i) the Letter of Acceptance;
(ii) the Letter of Technical Bid ;
(iii) the Letter of Price Bid
(iv) the addenda Nos [insert addenda numbers, if any] (if any);
(v) the Particular Conditions ;
(vi) the General Conditions;
(vii) the Specification
(viii)the Drawings;
(ix) the completed Schedules; and
(x) the Acknowledgement of Compliance with Guidelines for Procurement
under Japanese ODA Loans.
3. In consideration of the payments to be made by the Employer to the Contractor as
specified 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.
Page | 137
Project for Construction of Chennai Seawater Desalination Plant (I)
Volume-I
IN WITNESS whereof the parties hereto have caused this Agreement to be executed in
accordance with the laws of [insert the laws of the borrowing country] on the day, month and
year specified above.
Signed by Signed by
for and on behalf of the Employer for and on behalf the Contractor
in the presence of in the presence of
Page | 138
Project for Construction of Chennai Seawater Desalination Plant (I)
Volume-I
Performance Security
(Demand Guarantee)
At the request of the Applicant, we as Guarantor, hereby irrevocably undertake to pay the
Beneficiary any sum or sums not exceeding in total an amount of [insert amount in
figures]([insert amount in words]),1 such sum being payable in the types and proportions of
currencies in which the Contract Price is payable, upon receipt by us of the Beneficiary’s
complying demand supported by the Beneficiary’s statement, whether in the demand itself or
in a separate signed document accompanying or identifying the demand, stating that the
Applicant is in breach of its obligation(s) under the Contract, without the Beneficiary needing
to prove or to show grounds for its demand or the sum specified therein.
This guarantee shall expire, no later than the[insert the day]day of [insert month], [insert
year], and any demand for payment under it must be received by us at this office indicated
above on or before that date.
1
The Guarantor shall insert an amount representing the percentage of the Accepted Contract Amount
specified in the Letter of Acceptance, less provisional sums, if any, and denominated either in the
currency(cies) of the Contract or a freely convertible currency acceptable to the Beneficiary.
Page | 139
Project for Construction of Chennai Seawater Desalination Plant (I)
Volume-I
This guarantee is subject to the Uniform Rules for Demand Guarantees (URDG) 2010
Revision, ICC Publication No. 758, except that the supporting statement under Article 15(a)
is hereby excluded.
[signature(s)]
[Note: All italicized text (including footnotes) is for use in preparing this form and shall be
deleted from the final product.]
Page | 140
Project for Construction of Chennai Seawater Desalination Plant (I)
Volume-I
We have been informed that [insert name of Contractor, which in the case of a joint venture
shall be the name of the joint venture] (hereinafter called “the Applicant”) has entered into
Contract No. [insert reference number of the contract] dated[insert date of the contract] with
the Beneficiary, for the execution of [insert name of contract and brief description of Works]
(hereinafter called "the Contract").
At the request of the Applicant, we as Guarantor, hereby irrevocably undertake to pay the
Beneficiary any sum or sums not exceeding in total an amount of [insert amount in figures]
([insert amount in words])1 upon receipt by us of the Beneficiary’s complying demand
supported by the Beneficiary’s statement, whether in the demand itself or in a separate signed
document accompanying or identifying the demand, stating either that the Applicant:
(a) has used the advance payment for purposes other than the costs of mobilization in
respect of the Works; or
(b) has failed to repay the advance payment in accordance with the Contract conditions,
specifying the amount which the Applicant has failed to repay.
A demand under this guarantee may be presented as from the presentation to the Guarantor of
a certificate from the Beneficiary’s bank stating that the advance payment referred to above
1
The Guarantor shall insert an amount representing the amount of the advance payment and denominated
either in the currency(ies) of the advance payment as specified in the Contract, or in a freely convertible
currency acceptable to the Employer.
Page | 141
Project for Construction of Chennai Seawater Desalination Plant (I)
Volume-I
has been credited to the Applicant on its account number[insert number]at[insert name and
address of Applicant‟s bank] .
The maximum amount of this guarantee shall be progressively reduced by the amount of the
advance payment repaid by the Applicant as specified in copies of interim statements or
payment certificates which shall be presented to us. This guarantee shall expire, at the latest,
upon our receipt of a copy of the interim payment certificate indicating that ninety (90)
percent of the Accepted Contract Amount, less provisional sums, has been certified for
payment, or on the[insert day] day of[insert month], [insert year], whichever is earlier.
Consequently, any demand for payment under this guarantee must be received by us at this
office on or before that date.
This guarantee is subject to the Uniform Rules for Demand Guarantees (URDG) 2010
Revision, ICC Publication No. 758, except that the supporting statement under Article 15(a)
is hereby excluded.
[signature(s)]
[Note:All italicized text (including footnotes) is for use in preparing this form and shall be
deleted from the final product.]
Page | 142
Project for Construction of Chennai Seawater Desalination Plant (I)
Volume-I
We have been informed that[insert name of Contractor, which in the case of a joint venture
shall be the name of the joint venture] (hereinafter called "the Applicant") has entered into
Contract No.[insert reference number of the contract] dated [insert date]with the
Beneficiary, for the execution of [insert name of contract and brief description of Works]
(hereinafter called "the Contract").
Furthermore, we understand that, according to the conditions of the Contract, the Beneficiary
retains moneys up to the limit set forth in the Contract (“the Retention Money”), and that
when the Taking-Over Certificate has been issued under the Contract and the first half of the
Retention Money has been certified for payment, payment of [insert the second half of the
Retention Money or if the amount guaranteed under the Performance Guarantee when the
Taking-Over Certificate is issued is less than half of the Retention Money, the difference
between half of the Retention Money and the amount guaranteed under the Performance
Security] is to be made against a Retention Money guarantee.
At the request of the Applicant, we, as Guarantor, hereby irrevocably undertake to pay the
Beneficiary any sum or sums not exceeding in total an amount of [insert amount in figures]
([insert amount in words])1 upon receipt by us of the Beneficiary’s complying demand
supported by the Beneficiary’s statement, whether in the demand itself or in a separate signed
document accompanying or identifying the demand, stating that the Applicant is in breach of
1
The Guarantor shall insert an amount representing the amount of the second half of the Retention Money
orif the amount guaranteed under the Performance Guarantee when the Taking-Over Certificate is issued is
less than half of the Retention Money, the difference between half of the Retention Money and the amount
guaranteed under the Performance Security and denominated either in the currency(ies) of the second half
of the Retention Money as specified in the Contract, or in a freely convertible currency acceptable to the
Beneficiary.
Page | 143
Project for Construction of Chennai Seawater Desalination Plant (I)
Volume-I
its obligation(s) under the Contract, without the Beneficiary needing to prove or show
grounds for its demand or the sum specified therein.
A demand under this guarantee may be presented as from the presentation to the Guarantor of
a certificate from the Beneficiary’s bank stating that the second half of the Retention Money
as referred to above has been credited to the Applicant on its account number [insert
account‟s number] at[insert name and address of Applicant‟s bank] .
This guarantee shall expire no later than the [insert day] day of [insert month], [insert year],
and any demand for payment under it must be received by us at the office indicated above on
or before that date.
This guarantee is subject to the Uniform Rules for Demand Guarantees (URDG) 2010
Revision, ICC Publication No. 758, except that the supporting statement under Article 15(a)
is hereby excluded.
[signature(s)]
[Note:All italicized text (including footnotes) is for use in preparing this form and shall be
deleted from the final product.]
Page | 144
URL:http://www.jica.go.jp
E-mail:[email protected]