Comprehensive Contract Management Services 48 (2 X 24) MW Lower Kalnai HEP Jammu & Kashmir State Power Development Corporation Page 1 of 90 JAMMU & KASHMIR STATE POWER DEVELOPMENT CORPORATION LETTER OF INVITATION (LOI) FOR SELECTION OF CONSULTANT FOR PROVIDING COMPREHENSIVE CONTRACT MANAGEMENT SERVICES for Implementation of EPC contract for Construction of 48MW Lower Kalnai HEP in Kishtwar & Doda Districts Jammu & Kashmir State September 2012
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Comprehensive Contract Management Services 48 (2 X 24) MW Lower Kalnai HEP
Jammu & Kashmir State Power Development Corporation Page 1 of 90
JAMMU & KASHMIR STATE POWER DEVELOPMENT CORPORATION
LETTER OF INVITATION (LOI)
FOR
SELECTION OF CONSULTANT
FOR PROVIDING
COMPREHENSIVE CONTRACT MANAGEMENT SERVICES
for
Implementation of EPC contract
for
Construction of 48MW Lower Kalnai HEP
in
Kishtwar & Doda Districts
Jammu & Kashmir State
September 2012
Comprehensive Contract Management Services 48 (2 X 24) MW Lower Kalnai HEP
Jammu & Kashmir State Power Development Corporation Page 2 of 90
JAMMU & KASHMIR STATE POWER DEVELOPMENT CORPORATION LTD.
Corporate Office: Hotel Shaw Inn, Boulevard, Nehru Park, Srinagar, J&K - 190001
transportation, handling, installation, testing & commissioning of all Hydro
Mechanical and Electro-Mechanical equipment/machinery leading to
successful commission and completion of the HEP, fit for the intended purpose.
The Project envisages utilization of water of Kalnai Nallah & Kagunegad Nallah
Tributaries of rivers Chenab , for power generation to the tune of 48MW.
2. General Scope of the Services
2.1 Pre-Commencement Works
Prior to taking up of the main civil works of hydro electric project, EPC
Contractor are obliged to proceed with preliminary activities (defined as
pre-commencement Works) which include, but are not necessarily limited
to, the following activities:
• Mobilization of resources to the project area.
• Design and Engineering services pertaining to:
Planning
Site investigations
Preparation for hydraulic model tests/studies
Design criteria, calculations and drawings
Infrastructure works and construction facilities:
Site installation of civil contractor’s plant and equipment
Construction of civil contractor’s camp, offices, stores and workshops
Construction of roads and bridges (if any).
The CONTRACT MANAGEMENT CONSULTANT’S Home Office will be
responsible for the overall management of the consultant’s activities, the
coordination of the inputs from various disciplines and quality control, as
well as liaison with the Owner.
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The Team Leader will monitor the EPC Contractor’s progress on site on the
basis of the EPC Contractor’s detailed work schedule and programme for
the pre-commencement works.
Drawings and documents submitted by the EPC CONTRACTOR to the
CONTRACT MANAGEMENT CONSULTANT will be reviewed and commented
by suitable qualified staff.
2.2 Main Works
The duties and functions of the CONTRACT MANAGEMENT CONSULTANT
shall include supervision of construction to ensure that works are executed
as per the specifications laid down in the EPC Contract. CONTRACT
MANAGEMENT CONSULTANT shall test and examine the materials, plant
and equipment used or workmanship employed in connection with
construction of the Project and more generally to act on behalf of the
Owner for the management and operation of the EPC contract.
The CONTRACT MANAGEMENT CONSULTANT shall carry out the duties
specified for the ENGINEER-IN-CHARGE in the construction contracts,
particularly to:
Ensure quality control assurance and conformance of design,
materials and construction with the requirements of the EPC contract.
Monitor the progress of the construction and pursue compliance with
the latest agreed version of the MASTER CONTROL NETWORK
PROGRAMME for the Project
Certify measurements and payments and substantiation of costs and
claims
3. SCOPE OF SERVICES
3.1 Pre-Commencement Works:
The CONTRACT MANAGEMENT CONSULTANT’S scope of services for the
Pre- Commencement Works comprises:
Monitoring of the civil contractor’s progress on site.
Review of drawings and documents submitted by the civil contractor.
Reporting to the Owner.
3.2 MAIN WORKS:
The CONTRACT MANAGEMENT CONSULTANT’S scope of services for the
Main works comprises:
Review of contractor’s Design.
Supervision of construction of civil and Hydro-Mechanical/Electro-
Mechanical works.
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Supervision of Manufacture of equipment.
Certification of contractor’s Measurement.
Certification of contractor’s payments
Management of contractor’s claims.
Assurance of quality control.
In particular, the consultant’s duties comprise the followings:
3.2.1 REVIEW OF CONTRACTOR’S DESIGN:
The CONTRACT MANAGEMENT CONSULTANT will review the contractor’s
design, construction documents and drawings prepared for the execution
of the Project to ensure:
Compliance with the provisions of the contractual requirements,
Adherence to the applicable codes and standards,
Technical correctness and completeness,
Reliability and ease of maintenance.
This concerns essentially:
Detailed technical specifications,
Design criteria,
Design calculations,
General arrangement and assembly drawings,
Quality assurance plans,
O&M Manuals.
After review of the contractor’s documents the CONTRACT MANAGEMENT
CONSULTANT shall communicate his consent/comments to the contractors
(an additional copy will be given to the Owner) with the following
categories:
• “CONSENTED”:
In case the submitted drawings or documents receive the consent of
the Engineer-in- Charge.
• “CONSENTED WITH COMMENTS”.
In case the submitted drawings or documents are accepted in-
principle by the Engineer-in-Charge, but minor comments have to be
made. These comments will be explained in a covering letter and
marked in the drawing or document, which will be returned to the
contractor within the stipulated review period. Further
design/fabrication/construction shall be proceed, considering the
comments. Amended drawings or documents will have to be
submitted after completion of the contractor’s revision works.
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• “RETURNED FOR REVIEW”
In case of substantial disagreement with the drawings or documents,
these will be marked “returned for review” and returned to the
contractor within the stipulated period by stating the reasons for
disagreement spelt out detailed in the covering letter. Technical
discussions shall then, if required, be held thereafter without delay to
address the concerns of the Engineer-in-charge. The drawings will
have to be reviewed, appropriately revised and re-submitted for
consent by return with the responses, explanation or action to the
comments given by the Engineer-in-charge.
3.2.2 SUPERVISION OF CONSTRUCTION OF CIVIL WORKS
The Consultant, in his function as Engineer-in-charge, will administer
the contractual responsibilities and obligations of the Owner in all
contract for Engineering, supervision, supply, erection and
construction, to the extent allowed for EPC Contract of the Project.
The above can be separated into:
• Construction of the civil works,
• Manufacture, supply, erection and commissioning of the plant,
and
• Deflects liability period
Activities to be performed on site for the civil works will consist
mainly of the following:
• The contractor will be required to submit regular updates of their
critical path programs to the Consultant to ensure that key dates
for completion of work are adhered to. The performance of the
contractor will be closely monitored to ensure continuous and
efficient progress of all works.
• Expedite and schedule the work of the contractor’s construction
forces in full co-ordination with their contractual obligations in a
way that the total Project completion time is not affected due to
delay or change of the work schedule.
• Cost planning and control of individual items for invoicing and
budgeting procedures.
• Arrangement and preparation of periodic co-ordination
meetings with the EPC Contractor to discuss progress, and to
assist in deriving suitable remedial action.
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Arrangement and preparation of periodic meetings with the
Owner to report on the progress of the works and to present any
recommendations for problem solving or cost saving.
• Process final acceptance of the works under each contract.
• Reporting on progress of all activities.
The site supervision staff shall include, “Short-term Experts”. These will be
experienced engineers with specialized knowledge in areas such as grouting,
concrete technology or rock mechanics for example, who will be called upon
from time to time as the need arises.
3.2.3 SUPERVISION OF MANUFACTURE OF EQUIPMENT
The consultant, as Engineer-in-charge, is required to monitor
manufacture of the Hydro-Mechanical equipment and the Electro-
Mechanical equipment, include workshop inspection and main
factory acceptance tests.
3.2.4 CERTIFICATION OF CONTRACTOR’S MEASUREMENT
Agreement of quantities for interim measurements will be the
responsibility of the Tear Leader. The progress and quantities
information will be entered into the PMS, together with data on
general cost items, for producing updated cost figures, variation
orders, and claims which will already be held in the PMS, from
regular updating of cost monitoring data. These costs will then be
compared with the contractor’s statements, and agreement
reached with the contractor on any appropriate adjustments to the
statement, if necessary.
3.2.5 CERTIFICATION OF CONTRACTOR’S PAYMENTS
Prior to the commencement of the construction works the consultant
will discuss and agree with the Owner the procedural details and
documentation to enable payment requests to be processed and
paid. The certificates of payment shall be in accordance with the
requirements and standards of the Owner. The Consultant will agree
with the contractor on the final format for these statements, the
documentation required in their support, and the procedures for
compiling the information.
The Tear Leader will prepare the interim payment certificates and
submit them to the Owner together with the corresponding
measurement data, recommending that the appropriate payment
be made.
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The Consultant may not authorize any payment which would
exceed the value of the respective civil or Electro-Mechanical
contract without the prior written consent of the Owner.
When substantial completion has been achieved and
commissioning tests have been carried out satisfactory, the
Consultant will issue, after approval of the Owner, to the contractor
the respective completion (Taking-over) certificate following such
inspections and tests as are necessary prior to the issue of such
certificates. The consultant will compile the appropriate statement
of the construction contract account for the Owner at the start of
the defects liability period. Recommendations for release of
retention money and final payments will be made after application
by the EPC Contractor at the appropriate times.
3.2.6 MANAGEMENT OF CONTRACTOR’S CLAIMS
The monitoring of the contractor’s operations on site and the
maintenance of accurate and detailed site records plays the
essential part in the management of claims and variation orders, It is
very important that the consultant maintains a clear picture of the
contractor’s work methods, and of charge in conditions
necessitating changes in plant or equipment, and that he records
labour usage, plant availability, etc. and maintains a general
overview record in a concise form for later reference.
At the start of the construction stage the consultant will prepare
record forms for the site supervision staff to use, and will establish the
site diary format for recording general events. Forms for instructions
issued in the field will also be prepared. The information contained in
all these will be used to monitor and process both claims and
variation orders. This management of variation orders and claims will
mainly be carried out by the Tear Leader.
On receipt of approval from the Owner for a change in the
contractor’s scope of works, the consultant will seek a quotation
from the contractor for the work and, after negotiation, this agreed
price will be passed to the Owner for approval. Upon approval, the
Owner will instruct the Consultant to issue a variation order for the
work to the contractor.
In the case of claims, the contractor is required to formally notify the
consultant that he believes he has reasons for a claim and the
relevant circumstances leading to it. On receipt of this notification,
the Consultant will inform the Owner of the claim and institute
procedures for its review and settlement. It is the intention of the
Consultant to take all steps necessary to avoid potential claim
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situations, and he will keep the Owner informed of this actions at all
times and discuss possible remedial measures with him. In the event
that the EPC Contractor proceeds with a formal claim, the
Consultant will review and analyze the claim and make
recommendations and advise the Owner for its resolution.
3.2.7 ASSURANCE OF QUALITY CONTROL
The CONTRACT MANAGEMENT CONSULTANT must operate an
effective quality management system (QMS) based on ISO 9001, in
order to ensure that JKSPDC benefit from a defined and expected
high level of quality. Through a structured system of information,
distribution and training all the CONTRACT MANAGEMENT
CONSULTANT’S employees and management must be committed to
quality and cost conscious approach to project and work activities.
Through this quality assurance system established within the
organization, the defined quality assurance measures must be
constantly applied.
Senior most civil engineers shall be assigned to act as quality control
managers.
Within the scope of quality control, technical staff in the consultant’s
home office will be in charge of giving back-supporting services to
the project, whenever required. To ensure permanent back-
supporting on the highest technical level, the consultant has to
nominate specially qualified personnel for that purpose.
4. REPORTS
The CONTRACT MANAGEMENT CONSULTANT will submit monthly progress
reports to the Owner throughout the duration of the services. The reporting
period will be a calendar month and these reports will be submitted by the
7th day of the month following the reporting period. The monthly reports
will document services performed by the consultant during the reporting
period and will also contain a forthcoming month.
Throughout the duration of the main works, detailed quarterly reports will
be submitted two weeks after the end of each quarter. These will primarily
serve to record the status of the project with regard to costs and progress
of the work, identifying any impending cost or time over-runs.
5. CONSULTANT’S PERSONNEL & THE JOB DESCRIPTION FOR KEY STAFF
The following sections contain detailed descriptions of the duties and
responsibilities of the staff in the project team. These job descriptions have
been composed in order to perform all of the project tasks.
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Job Descriptions for the following key staff are presented below:
A. Home Office Liaison And Management
Home office of the Consultant shall provide the necessary support to
his field staff on the Project as are required for successful
accomplishment of assignment.
The Senior management from Home office will carry out periodic visits
to the project for direct technical supervision of the performance of
the consultant’s staff, to advice on the most important technical and
managerial decisions, and to maintain a close liaison with the Owner.
The principal responsibilities of the Home Office shall be to:
Establish the design review and site supervision teams so as to ensure
the quality of the services provided, including effective quality
management programmes.
Carry out a periodic review of the technical performance of the
consultant’s staff.
Provide the guidance, technical back-up and ensure information
transfer from Home office, and mange the direct technical inputs
from the Home office resources when required.
Select short-term expert consultant’s for specialized inputs which may
be found to be necessary for the Project.
Overall responsibilities for the on-going management of the
operations of the consultant, working towards the objectives and the
implementation of polices agreed with the Owner, in order to assure
the successful and timely completion of the contract.
Ensure the fulfillment of obligations related to the contract for
consultant services.
Establish and supervise a quality management programme to be
applied to all activities of the consultancy services.
Co-ordinate and manage the consultant’s design review and
construction supervision and monitoring activities.
Maintain a permanent liaison with the Owner and with the EPC
Contractor’s management team.
Be responsible for the overall liaison between the Home office and
the site, and co-ordination between them to ensure the optimum
utilization of the particular technical back up specialization.
Supervise from time to time co-ordination of the EPC Contractor’s
and consultant’s programmes.
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As nominated “Engineer” or Engineer-in-charge” under the general
conditions of the EPC contract, the Home office shall designate
Team Leader as “Engineer-in-Charge” of the Project.
Establish effective communication procedures with the team, and
with the contractor, the Owner and any other parties as requested
by the Owner.
Guide the review of the EPC Contractor’s design so as to be able to
issue the necessary consents in timely manner or otherwise
recommend any design amendments as necessary.
Together with the Team Leader and Senior Site supervisory staff,
establish appropriate procedures for the processing of monthly
payment certificates, the monitoring of contract costs, and a budget
and cost forecast system.
Schedule the commissioning of the works.
Co-ordinate technical presentations given by project staff to the
Owner, as required, highlighting construction progress, technical
difficulties and proposed solutions.
Establish the emphasis on the successful handling of all environmental
matters related to the contract and to good project relations.
Assist in meetings of the Owner with EPC contractor for the Project.
Seek consent or discussions from the Owner where required, issue
recommendations in writing to the Owner related to construction
programme performance, variation orders, and any other matters.
Monitor and control performance on the basis of monthly reports
prepared by the Team Leader and by the Chief Design Engineer,
and subsequently submit these reports to the Owner.
B. Chief Design Engineer
The Chief Design Engineer will be responsible for all work during the
review of the designs, reporting directly to the Home Office. He will
establish and lead the design team in the Home design office, and
subsequently liaise closely with the contractor’s design team to ensure
that the detailed design work and the production of construction
drawings is coordinated right from the early stages of the construction
programme.
Up to & until completion of the final design and production of the
construction drawings, the Chief Design engineer will remain available
in the Home office to give further advice concerning modifications to
the designs, if found necessary at any stage, as the construction works
progress.
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The principal responsibilities of the Chief design engineer are
summarized as follows:
Establish the design team in the home office .
Plan in detail and manage all activities required for the review of
the contractor’s designs and documents and co-ordinate the
inputs from each of the senior design Engineers and design
support staff.
Assess the geotechnical data and the design parameters and
criteria in co-ordination with geology and rock mechanics experts
where appropriate.
Review the design of all underground, tunnel and civil works, and
obtain the assistance of the various, Engineer’s where
appropriate.
Review the hydraulic design of the scheme.
Supervise the review of the mechanical and electrical works
designs carried out by the Mechanical Engineer, the hydraulic
steel structures Engineer and the Electrical Engineer.
Together with the Contractor’s Engineer, and in consultation with
the Owner, examine the environmental implications of the designs
and evaluate the acceptability of any proposed amendments to
alleviate the impact.
Review and clarify the Contractor’s proposed testing and
commissioning procedures in consultation with the Geologist,
Mechanical and Electrical Engineers.
Evaluate the cost and construction programme implications of
any proposed amendments to the design.
Receive, discuss, edit and comment any reports on the specific
design studies submitted by the contractor.
Review and consent (as appropriate) the contractor’s design
criteria and parameters including the codes and standards,
analysis and calculation methods, presentation standards and
quality control procedures in general.
Supervise and participate in reviewing the final design of all
aspects of the project works, and give consent to fully checked
calculations and results submitted in accordance with the EPC
Contract.
Give consent to the final accepted drawings.
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Together with the Tear Leader review the EPC Contractor’s
proposed work methods and equipment, and ensure that they
are suitable for the requirements of the design.
Review the EPC Contractor’s designs and documents, making
recommendations for changes or adjustments to the designs,
drawings or specifications where necessary.
Check the design of mechanical equipment with regard to their
dimensions, the methods of transport to the site and the method
of installation.
Review the proposed testing procedures in the factory and on
site.
Check and evaluate all designs and drawings submitted by the
contractor.
Witness selected workshop tests and review all detail and progress
reports submitted to him.
Review all workshop drawings as submitted by the EPC Contractor
before manufacture and installation, and provide advice during
production together with joint visits to the factories if required.
Review relevant sections of the operation and maintenance
manuals, including the spare part and tools lists and all supporting
technical documentation.
Recommend detailed test procedures both for dry and wet
commissioning at the end of construction.
C. Hydraulic Steel Structures Engineer
The hydraulic steel structures Engineer will be responsible to the Home
Office and to the Chief Design Engineer for the design review of all
hydro-mechanical equipment including the penstock valves, gates
and the structural steel works including the steel lining of the pressure
shafts. He will review the designs, specifications and drawings
submitted by the contractor, and will be involved in the testing.
The principal responsibilities of the hydraulic steel structures Engineer
include the following:
Review the EPC Contractor’s designs, making recommendations
for changes or adjustment to the designs, drawings or
specifications where necessary.
Check the design of steel structural components with regard to
their dimensions, the methods of transport to the site and the
method of installation.
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Review the proposed testing procedures in the workshop and on
site.
Witness selected workshop tests and review all detail and progress
reports submitted to him.
Review all workshop drawings as submitted by the EPC Contractor
before manufacture and installation, and provide advice during
production together with visits to the factories if required.
Review relevant sections of the operation and maintenance
manuals, including the spare part and tools lists and all supporting
technical documentations.
Recommend detailed test procedures both for dry and wet
commissioning at the end of construction.
D. Electrical Engineer
The Electrical Engineer will be responsible to the Home Office and the
Chief Design Engineer for review of the EPC Contractor’s designs and
documents for the electrical systems and permanent instrumentation.
He will review the relevant designs and will determine the requirements
for the civil and mechanical designs to ensure compatibility. He will
review the EPC Contractor’s design of the automatic control system for
the hydropower station ensuring that all operating requirements for
single or joint control and individual loading and unloading of units can
be met by the specification, both for the manual system and the
supervisory control and data acquisition (SCADA) equipment. He will
review the contractor’s final design to ensure that the plant, computer
hardware and software meets the requirements. If necessary, he will
observe workshop simulation tests.
The principal responsibilities of the Electrical Engineer shall include the
following:
Review the EPC Contractor’s designs and documents, making
recommendations for changes or adjustments to the designs,
drawings or specifications where necessary.
Check the design of the electrical components and control
equipment with regard to the method of installation.
Review the detailed requirements and standards to be used in the
circuit diagrams to be submitted by the EPC Contractor with their
installation and the specifications of the equipment with regard to
international and local standards.
Co-ordinate with the Chief Design and Mechanical Engineers
procedures and scheduling the installation of all equipment,
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cables switches etc, control and power supply to the underground
structures and on the surface.
Witness selected workshop tests and review reports submitted by
the contractor during manufacture of the electrical plant and
instrumentation.
Recommend detailed test procedures for both dry and wet
commissioning.
Review the relevant sections of the operation and maintenance
manuals and check that the spare part lists and documentation
including circuit diagrams in complete.
E. GEOTECHNICAL ENGINEER
The Geo-technical Engineer’s responsibilities in the design review is to
check the geo-technical input data and the criteria used in the EPC
Contractor’s designs. This includes a review of all available geo-
technical reports and conclusions drawn there from, and a review of
the construction programme from the geo-technical aspect.
The responsibilities also includes the review of measuring devices and
investigations required to prepare final design computations and
drawings, i.e. all works necessary to establish the detailed input data
and design criteria. This will involve advising the Chief Concrete and
Dam Engineer on laboratory and field equipment required, and
drawing up a detailed programme of field testing and measurement
to be carried out during construction.
During the construction period he will support the geo-technical site
and will give expert advice whenever required. This will include
checking the conclusions drawn from geo-technical measurements,
and any new design criteria developed on the basis of investigations
and new observations made during construction. During this phase he
will act effectively as an expert to the site staff and also if required
directly as a specialist supervising engineer.
The Geo-technical Engineer will report to the Chief Design Engineer
during the design review phase and to the Chief Resident Engineer
during the construction period.
He will also prepare specialist reports for presentation to J&KSPDC
whenever significant modifications to the design are required for geo-
technical reasons which would involve contractual consequences.
F. Various Engineers
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Various Engineers will be assigned to the design review team on an ad-
doc basis to provide specialist input as and when the need arises and
to solve complex problems. A pool of experienced engineers will be
available in the home office for this purpose and, if necessary, visits will
be made to the site for observation and discussion there. The Various
Engineers will also play a quality control role throughout the
consultant’s Design review, providing support for the design review
team in all aspects of their work.
G. Team Leader
The Tear Leader will be responsible for the management of all the
consultant’s construction supervision activities on site, reporting to the
Owner. He will liaise as appropriate with the consultant’s Chief Design
Engineer with regard to the availability and quality of construction
drawings and the design requirements.
The Tear Leader will delegate the individual section of services,
together with the respective authorization and responsibilities, to his
staff. He will delegate his duties to his other appointed staff, as
appropriate, whenever he is absent from the site or for any reason is
not in the position to perform all of his duties.
The Tear Leader’s principal responsibilities include but are not limited to
the following summarized tasks:
Act as Engineer-In-Charge of the Project with all the appropriate
duties and powers in conformance with the general conditions of
contract, in the EPC Contract for the supervision of which the
Project Management Consultant is responsible.
Co-ordinate, supervise, manage and monitor all activities for the
supervision of construction and installation, and the professional
conduct of the consultant’s team at the various construction
sites.
Prepare and assist in all important meetings with the contractor,
review the respective agendas and minutes of meeting.
Prepare and direct all technical and progress meetings with the
contractor, prepare related meeting reports, and follow up
requirements for subsequent action. It is clearly understood that
the Owner’s representatives shall be present at all meetings of
significance.
With the assistance of the relevant supervisory team in direct
charge of the supervision, receive and review monthly
performance reports, statements and claims presented by the
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EPC Contractor’s. Prepare the respective recommendations and
seek the agreement of the Owner.
Supervise and monitor the control and construction inspection
activities with the assistance of the site supervision staff.
Review the EPC Contractor’s work programmes, monitor progress
against the agreed programme, and recommend amendments
to working methods or resources if necessary in order to achieve
required progress.
The Tear Leader will be in charge of the preparation of the
monthly reports with appropriate graphical presentations,
summarizing progress during the month on a quantitative and
cost basis, will compare progress with programme, and will give
reasons for any discrepancies etc. and propose any necessary
remedial measures.
Review the contractor’s work method to ensure that they are in
compliance with health and safety requirements, will assure a
high standard of workmanship, and will correspond to the work
rates required in the agreed construction programme.
Check the quantities of construction materials and E&M
equipment after their arrival on site, and check their compliance
with the appropriate specifications.
Issue instructions to his supervisory staff, and give guidance where
necessary, so that all inspections, tests, acceptances and
remedies will be carried out in the best interests of the project
and in accordance with the latest revision of the relevant codes
and standards.
Monitor the EPC Contractor’s resources, and ensure that the
available plant and manpower satisfy the requirements of the
project schedule.
Ensure the proper recording of all events, such as strikes, adverse
weather conditions etc, which may lead to justifiable delays or
claims for the extensions of time in the implementation of the
project.
Ensure that all construction activities are carried out in
compliance with the environmental protection requirements, and
promote good project relations both within the project
organization and with the local population.
Assist the Home Office in establishing project management and
control procedures, including administration, budgeting and
payments, quality assurance and communications.
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Issue the Taking-Over certificates after prior approval of the
owner.
Approve checked variation orders and all other certificates to be
issued during construction and seek the agreement of the Owner.
Consent to all checked and agreed requests for payment to the
contractor and forward them to the Owner.
Supervise together with the site team/ the Owner the
commissioning of the works.
Provide assistance to the Owner in dealing with contractual
disputes when required.
Establish a programme on –the-job training for operation &
maintenance staff deployed by the Owner, and ensure that the
programme is successfully supported by all the consultant’s staff.
Control all site office accounting activities including procedures
for payment of staff, processing of invoices for office material,
and the associated proper book keeping.
Guide the preparation of all technical reports on construction
performance, systems and any other special reports as requested
by the Owner.
H. Senior Civil Engineer
Senior concrete Engineer shall be a senior member of the site support
staff, who will simultaneously be active in all the areas of construction.
He will be responsible for ensuring that all materials supplied and the
concrete placing techniques used by the contractor conform with the
Technical Specifications.
The Senior Concrete Engineer will establish the consultant’s own
materials quality monitoring programme. He will prepare reports as
required, using standard project forms in accordance with establish
procedures.
The contractor’s testing programme will be monitored by the Senior
Concrete Engineer who will witness tests as necessary. For any highly
specialized test it may be necessary to recommend the use of the
services of an external laboratory.
The Senior Engineer will ensure that the contractor’s testing facilities
provided are complete and fully operational in time for the material
testing programme to begin with the relevant construction activities.
His responsibilities will include monitoring of the contractor’s materials
and laboratory testing work in accordance with the specifications,
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Jammu & Kashmir State Power Development Corporation Page 40 of 90
ensuring that the appropriate field and laboratory tests/measurements
are carried out by the contractor, and obtaining and checking the
contractor’s test certificates and test reports are required. He will
maintain comprehensive records of all test, inspection and control
reports, and will promptly notify the contractor of any deficiencies or
repeat testing required.
The Senior Concrete Engineer will have the following principal
responsibilities:
Review and comment on the contractor’s materials testing
facilities.
Supervise the contractor’s quarry or borrow site investigations, and
give the required consent (if any) on the basis of correct
investigation/extraction procedures and provided the test results
are satisfactory.
Monitor all material field and laboratory testing work carried out
by the contractor.
Review the contractor’s on-site storage and handling methods.
Monitor the following specific activities in close co-ordinate with
the respective Site Engineer.
Quality control on quarry work and other material sources
Quality control on cement, cement admixtures, bentonite and
reinforcement steel Contractor’s mix design tests
Quality control of concrete production and placing.
Routine tests on fresh concrete
Quality control precast elements.
Quality control of shotcrete supplied and as placed.
Testing of rock samples from the excavations (in co-ordinate with
the Senior Engineering Geologist).
Rock Mechanics tests in the excavations (in co-ordinate with the
Senior Engineering Geologist).
Check and Supervise any Geodetic measurements made by the
EPC Contractor related to the checking or establishment of control beacons, preservation and replacement of beacons, and contractor’s setting out activities
Control the EPC Contractor’s surveys of original found surface over the area to be disturb by the construction activities
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Control the EPC Contractor’s surveys related to excavated and final ground surfaces on completion of excavation, prior to commencement of placing backfill or concrete, and on completion of placing concrete, backfill or other work.
Control the EPC Contractor’s survey related to cross sections.
Control and check the tunnel excavation back up survey system used by the EPC Contractor.
Insure that the EPC Contractor are using adequate materials for survey beacons, fix and other survey points, and that inscriptions on survey points and other markings are applied correctly and maintain throughout the course of the contract.
Check that final lines of excavated foundations, rock bed, topsoil etc. is in compliance with the excavation of Drawings.
Check all shuttering and setting out dimensions and elevations of concrete works against the requirements of the designs and the construction Drawings, including the locating of all items to be cast in.
Agree with the EPC Contractor surveyors the results of any joint measurement surveys which are to be used as the basis for the calculation of quantities of completed work.
Carry out all calculations, analysis and checking of data and results in connection with survey measurements, and present the results to the site supervision team in an agreed format.
I. Mechanical and Hydraulic Steel Structures Engineer
The Senior Mechanical and Hydraulic Steel Structures Engineer will be
responsible to the Tear Leader for monitoring the installation, testing
and commissioning of all mechanical plant including the turbines,
valves and gates and for the steel structural works including the steel
lining of the pressure shafts. He will maintain close contact with the
Senior Electrical and control Engineer, and with the Mechanical and
Electrical Site engineers during installation.
J. Electrical and Control Engineer
The Senior Electrical and Control Engineer will be responsible to the
Chief Design Engineer for monitoring the installation, Testing and
Commissioning of the Electrical Systems and permanent
instrumentation. He will determine the requirements for the Civil and
Mechanical works on site to ensure compatibility and co-ordination.
The Principal responsibilities of the Senior Electrical and Control
Engineer shall include the following :-
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Jammu & Kashmir State Power Development Corporation Page 42 of 90
Check the Design of the Electrical components with regards to
the methods of installation.
Co-ordinate with the Tear Leader and Senior Mechanical and
Hydraulic Steel Structures Engineer the installation of all
equipment, cables, Switches etc., Control and Power supply to
the underground structure and on the surface
Advice the Electrical Site Engineer and supervise installation work
at key times during construction
Assist the contractor to develop and co-ordinate detailed test
procedures for both dry and wet commissioning and participate
in the supervision of these tests.
Review the relevant section of the operation and maintenance
manuals and check that the spare part lists and documentation
including circuit diagrams is complete
K. Engineering Geologist
The Engineering Geologist, is part of the site support staff with the
responsibilities for following up and supervising all geo-technical
aspects of the works.
The Engineering Geologist’s main activities concerned directly with the
progress of the works will be:
a. Monitoring the contractor’s system of initial support for all drill &
blast.
b. Making of recommendations for subsequent up-gradation works.
Functioning under (a) and (b) will apply to all underground structures
and to surface structures where rock and soil support is required.
Senior Engineering Geologist shall also be responsible for:
Documentation of rock support measures, and ensuring that this
information is introduced into data storage for further processing.
Monitoring the contractor’s installation of measuring devices
including descriptive documentation.
Monitoring the reading of measuring devices, establishment of
required frequencies of reading, documentation of data for
processing Geological mapping.
Monitoring of foundation work where required.
The Senior Engineering Geologist will record all data in the correct form
required for direct input into the relevant computerized techniques
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Jammu & Kashmir State Power Development Corporation Page 43 of 90
(GEOTEC, CAD, etc.) to ensure that the advantages to flexibility and
efficiency of these techniques can be utilized during the progress of
the works.
The Senior Engineering Geologist will report directly to the Tear Leader,
and he will maintain close contact with the contractor’s engineers in
charge of works with significant geotechnical aspects. He will also
maintain close contact with the consultant’s design review team, and
also other supervisory staff assigned to civil works.
L. Short-Team Experts
A pool of experts covering all aspects of the Project Management
Consultant’s scope of Consultancy Contract shall be retained by the
Project Management Consultant which shall at all times be available
to make short visits to the project site to appraise and solve specific
problems as and when these arise. Such problems could, for example,
include matters related to grouting, slope stability, rock support, etc.
6. Assistance to be provided by the Owner
In respect of the consultant, his personnel and dependants, as the case
may be, the Owner shall do all in his power to assist in:
i. Providing unobstructed access whenever it is required for the
services;
ii. Import, export and customs clearance of goods required for the
services.
iii. Providing access to other organizations for collection of information
which is to be obtained by the consultant;
iv. Co-operating with the consultant regarding contract provisions in
order to make sure that tax charges for the Owner as well as for the
consultant are kept to a minimum.
v. The Owner will make available to the Contract Management
Consultant free of any charge all related reports available with it,
including the copy of contract documents for the EPC Contract,
maps, data and other information, if available, as are necessary for
the execution of the services with due diligence and in good time,
and will arrange for the collection of such further data and
information within India as may be required for the purpose of the
project.
7. Design Review-Pre-commencement Works:
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Jammu & Kashmir State Power Development Corporation Page 44 of 90
i. The Owner shall allow the design review of drawings and documents
furnished by the EPC Contractor during the pre-commencement
works to be performed in the Project Management Consultant’s
home office.
ii. The Owner will ensure that drawings and documents to be reviewed
are submitted to the Project Management Consultant in a timely
manner.
iii. The Project Management Consultant will perform the review within
the durations given in the EPC contract and ensure that the reviewed
documents are furnished to the Owner, the Owner strictly in
conformance with time frame stipulated in the EPC contract.
8. Consultant Personnel Schedule
(Tentative Staffing Schedule in Man-Months)
S
No
Position in
Team
Pre-
commenceme
nt
works
Main
works
Defects
Liability
Period
Total
Man-months
TEAM LEADERS
1 Team Leader
03.00
48.00 6.00 54.00
DESIGN REVIEW TEAM
2 Chief Design
Engineer
0.00
15.00 00.00 15.00
3 Mechanical/
Hydraulic
Steel
Structural
Engineer
00.00
04.00 00.00 04.00
4 Electrical
Engineer
0.00
04.00 00.00 04.00
5 Geotechnical
Engineer/Tunn
eling Engineer
0.00
05.00 00.00 05.00
SITE SUPERVISION TEAM
6 Senior Civil
Engineer
02.00
48.00 6.00 56.00
7 Engineering
Geologist
02.00
43.00 00.00 45.00
8 Mechanical/
Hydraulic Steel
Structural
Engineer
0.00
18.00 03.00 21.00
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Jammu & Kashmir State Power Development Corporation Page 45 of 90
9 Electrical &
Control
Engineer.
00.00
18.00 9.00 27.00
VARIOUS ENGINEERS
10. Site Engineers
Civil .3 Nos
Elect. 2 No.
Mech. 2No
9.00
6.00
2.00
144..00
48.00
48.00
27.00
18.00
8.00
180.00
72.00
58.00
OFFICE PERSONNEL
11 CAD
Operator cum
Draftsman
03.00
42.00 3.00 48.00
12 Accountant 06.00
48.00 6.00 60.00
13 Office
Assistants (1
no)
03.00
48.00 06.00 57.00
14 Office Helpers
(2 no)
6.00
42.00 6.00 54.00
15 Short term
Experts
As & when required 6.00
Note:
The Contract Management Consultant will give priority to state subjects of
Jammu & Kashmir provided that these persons meet the academic and
experience requirements prescribed for each position.
Unless absolutely necessary and for reasons beyond control of the Contract
Management Consultant, no replacement in respect of the Tear Leader
nominated in the bid shall be permitted.
However, in case, the replacement is unavoidable, the substitute shall in no
way be inferior in qualification and experience and the same shall be
permitted only after due approval of the Owner.
Each replacement, in respect of the nominated Engineers, even if made after
approval of the Owner, shall cause the total payment/ consideration due to
the Contract Management Consultant under the Contract, to be reduced by
an amount equivalent to 10% of remuneration agreed in the contract in
respect the particular key personnel sought to replaced, worked out on pro-
rata basis for the duration the replacement is in force.
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Jammu & Kashmir State Power Development Corporation Page 46 of 90
The Contract Management Consultant shall deploy the manpower as per the
site requirement after approval of the deployment by the Owner and the
payments for the manpower shall be made as per actual deployment.
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Jammu & Kashmir State Power Development Corporation Page 47 of 90
Annexure - III
TIME OF COMPLETION
SCHEDULE FOR DELIVERY/COMPLETION OF SERVICES
The time schedule and the time duration during which the CONTRACT
MANAGEMENT CONSULTANT shall be obliged to deliver the services shall be as
specified herein under:
CONSULTANT’S
ASSIGNMENT
MILESTONE/S FOR
CARRYING OUT
ACTIVITIES UNDER
THE CONTRACT
ACTIVITY
Pre commencement
Works:
06 months
Main Works:
42 months
Finalization of works/
Defect Liability
Period: 12 months
Review of planning & strategy
documents of EPC Contractor.
Evolution of activity control
charts/ reports and other
management tools for the
benefit of the Owner and
ensuring execution of works as
per CPM/ PERT CHARTS.
Review and consenting to
drawings and designs produced
by the EPC contractor.
Supervision of all works including
manufacturing/ fabrication of
equipment at all stages of works/
manufacturing/ fabrication
process.
Monitoring of progress of works.
Quality Assurance in
conformance with sound
engineering practices,
standards/ specifications and
terms and conditions of the EPC
contract.
Certification of measurements for
works executed by the EPC
contractor.
Certification of payments for the
works executed by the EPC
contractor.
Management of Contractor’s
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Claims.
Evolving of reports.
Any other services as shall be
deemed necessary during the
progress of the work to achieve
the successful completion and
commissioning of the project.
• Construction of the Project, in conformance with the scope, the terms and
the conditions governing the EPC Contract is projected to be completed
in 48 months.
• The term of assignment being offered to the Contract Management
Consultant shall, therefore, commence and be completed as per the
scope of work within a total time period of 48 months, reckoned from the
scheduled date of start of work under EPC contract for completion of the
Project. Additional 12 months beyond the scheduled /actual date of
completion and commissioning of the Project shall be used by the
Contract Management Consultant for finalization of EPC Contractor’s
claims/ bills and supervision and monitoring of performance of the Project
components during the Defects Liability Period.
• In the event of construction work on the Project is not completed within
the stipulated completion period of 48 months for whatsoever reasons-
specifically being in no way attributable to Contract Management
Consultant, the term of deployment of the personnel to be deployed by
the Contract Management Consultant on supervision and allied duties
may be suitably extended, on pro rata basis, subject to approval by the
Owner.
• However, the time schedule for completion of the project shall be finalized
after consultation with the EPC contractor.
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Jammu & Kashmir State Power Development Corporation Page 49 of 90
ANNEXURE - IV
FORMAT FOR TECHNICAL BID
(BID DATA SHEETS)
FORM NO : 1-5
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Jammu & Kashmir State Power Development Corporation Page 50 of 90
Form No: 1
FROM TO
_________________________ MANAGING DIRECTOR
_________________________ JKSPDC LIMITED
_________________________ HOTEL SHAW INN
BOULEVARD, SRINAGAR J & K - 190001
SUBJECT:
Selection of Consultant for providing of Comprehensive Contract
Management Services for Implementation of EPC contract, for
construction of 48MW Lower Kalnai HEP, in Kishtwar & Doda Districts, J&K
STATE
DEAR SIR,
I, on behalf of ___________________________________, a Consultancy
Company herewith enclose Technical Proposal for selection of my/our
Company/firm/association/organization as a Consultant for providing of
Comprehensive Contract Management Services for Implementation of
EPC contract, for construction of 37.5MW Lower Kalnai HEP, in Kishtwar &
Doda Districts, J&K State
Yours faithfully,
1. Signature of the Authorized Signatory:________________________
2. Name of the Authorized Signatory:______________________________
3. Name of the Company/firm/association/organization:____________________
4. Seal of the Company/firm/association/organization:______________________
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Jammu & Kashmir State Power Development Corporation Page 51 of 90
FORM NO.F-2
CERTIFICATE AS TO CORPORATE PRINCIPAL
I, ________[NAME]_____________certify that I am the _____---[DESIGNATION] of
[NAME OF THE company/firm/association/organization] established under the
relevant laws who has signed the above tender/ bid is authorized to bind the
company/firm/association/organization by authority of its governing body.
1. Signature of the Authorized Signatory:________________________
2. Name of the Authorized Signatory:______________________________
3. Name of the Company/firm/association/organization:____________________
4. Seal of the Company/firm/association/organization:______________________
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Jammu & Kashmir State Power Development Corporation Page 52 of 90
FORM NO: 3
1. Brief Description of the Registered Company/ Firm/ Association/
Organization
2. Assignments of Similar Nature Successfully Completed:
3. The Bidder Consultancy Company/Firm/Association/Organization should
also give Details of the Ongoing Similar Assignments in the above Format.
S.
No
Name
Assignment
(Brief
Scope)
Name
of the
project
Owner/
Sponsor
Cost of
assignment
Date of
Commence-
ment
Date of
completion
Was
assignment
Satisfactorily
completed
1 2 3 4 5 6 7 8
1. Signature of the Authorized Signatory:________________________
2. Name of the Authorized Signatory:______________________________
3. Name of the Company/Firm/Association/Organization:____________________
4. Seal of the Company/Firm/Association/Organization:______________________
Note: The bidder must attach documentary evidence in support of their
submissions above.
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Jammu & Kashmir State Power Development Corporation Page 53 of 90
FORM F-4
SUGGESTED FORMAT OF CURRICULUM VITAE FOR MEMBERS OF CONSULTANTS
1. SIGNATURE OF THE AUTHORIZED SIGNATORY:________________________
2. NAME OF THE AUTHORIZED SIGNATORY:______________________________
3. NAME OF THE Company/firm/association/organization:___________________
4. SEAL OF THE Company/firm/association/organization:____________________
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Jammu & Kashmir State Power Development Corporation Page 55 of 90
ANNEXURE - V
FORMAT FOR FINANCIAL BID
(BID DATA FORMS)
FORMS 6-8
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Jammu & Kashmir State Power Development Corporation Page 56 of 90
FORM NO: 6
FINANCIAL PROPOSAL
(TO BE SUBMITTED WITH FINANCIAL OFFER IN SECOND ENVELOPE)
FROM: TO:
_________________ THE MANAGING DIRECTOR
------------------------------ J&K STATE POWER CORPORATION LTD.
----------------------------- HOTEL SHAW INN, BOULEVARD, SRINAGAR,
J&K - 190001
SUBJECT:
Selection of Consultant for providing of COMPREHENSIVE CONTRACT
MANAGEMENT SERVICES for IMPLEMENTATION OF EPC CONTRACT, for
construction of 48MW Lower Kalnai HEP, in KISHTWAR & DODA DISTRICTS, J&K
STATE
SIR,
I, on behalf of ___________________________________, a Consultancy
company/firm/association/organization herewith enclose Financial Proposal for
selection of my/our company/firm/association/organization as a CONSULTANT
for Selection of Consultant for providing of COMPREHENSIVE CONTRACT
MANAGEMENT SERVICES for IMPLEMENTATION OF EPC CONTRACT, for
construction of 48MW Lower Kalnai HEP, in Kishtwar & Doda Districts , J&K STATE
Yours faithfully,
1. SIGNATURE OF THE AUTHORIZED SIGNATORY:________________________
2. NAME OF THE AUTHORIZED SIGNATORY:______________________________
3. NAME OF THE Company/firm/association/organization:__________________
4. SEAL OF THE Company/firm/association/organization:____________________
Comprehensive Contract Management Services 48 (2 X 24) MW Lower Kalnai HEP
Jammu & Kashmir State Power Development Corporation Page 57 of 90
FORM NO. F-7
SCHEDULE OF PRICE BID
Subject: Selection of Consultant for providing of COMPREHENSIVE CONTRACT
MANAGEMENT SERVICES for IMPLEMENTATION OF EPC CONTRACT, for
construction of 48MW Lower Kalnai HEP, in KISHTWAR & DODA DISTRICTS,
J&K STATE
S
No.
Item/Description Amount
(in figure)
Amount (in
Words)
Remarks
1 For nominated team of engineers/
other support staff indicated in
FORM F-8
2
Provisional sum for all other
components / items including all
over-heads, out of pocket
expenses, insurance of personnel,
boarding and lodging, travel,
transportation at site, office
expenses, telephone, internet,
including hardware and software
etc. Which the contract
management consultant estimates
to incur for providing the services in
conformance with the scope of
services of the contract
management consultancy
contract.
TOTAL
1. The above costs shall include all taxes, duties, fees, levies, insurance of his
personnel and other impositions levied under the existing, amended or enacted laws during life of this contract and the owner shall perform such duties in regard to the deduction of such tax as may be lawfully imposed. The owner shall not bear any costs over and above the above quoted costs.
2. The prices shall remain firm till completion of the assignment in conformance with the scope of services to be provided under the project management consultancy contract. The price figures quoted above must take into account and include provision for meeting all tax liability under income tax, service tax, professional tax and any other taxes applicable/ payable on a date 30 days prior to date of submission of bids.
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Jammu & Kashmir State Power Development Corporation Page 58 of 90
Any increase/ decrease in these taxes, over and above the rates payable on a date 30 days prior to date of submission of bids, shall be on the Owner’s account and payments under the contract would be regulated accordingly.
1. SIGNATURE OF THE AUTHORIZED SIGNATORY:________________________
2. NAME OF THE AUTHORIZED SIGNATORY:______________________________
3. NAME OF THE Company/firm/association/organization:________________
4. SEAL OF THE Company/firm/association/organization:_________________
Comprehensive Contract Management Services 48 (2 X 24) MW Lower Kalnai HEP
Jammu & Kashmir State Power Development Corporation Page 59 of 90
FORM No. F - 8
COMPOSITION OF THE TEAM PERSONNEL AND THE TASK WHICH WOULD BE
ASSIGNED TO EACH TEAM MEMBER FOR THE PROPOSED ASSIGNMENT:
(Technical / Financial/ other Key Members of the Team for Carrying out the
Assignment)
S.
No
Position in Team Nam
e
Total
Experienc
e
Hydro
Experienc
e
Total
Man-
months
Quoted Rate
per Man-
Month
Amoun
t
1 Team Leader 54.00
2 Chief Design
Engineer:
15.00
3 Mechanical/Hydr
aulic Steel
structural Engineer
(for Design team )
04.00
4 Electrical
Engineer (for
design team)
04.00
5 Geotechnical
Engineer/Tunnelin
g Engineer
05.00
6 Senior Civil
Engineer
56.00
7 Engineering
Geologist
45.00
8 Mechanical
Hydraulic Steel
Structural
Engineer
21.00
9 Electrical &
Control Engineer:
27
10 Site Engineers
Civil .2 Nos
Elect. 1 No.
Mech. 1No
180.00
72.00
58.00
11 CAD operator
cum draftsmen
48.00
12 Accountant 60.00
13 Office Assistants
(1No)
57.00
14 Office Helpers
(2Nos)
54.00
15 Short term experts As & when required 6.00
Comprehensive Contract Management Services 48 (2 X 24) MW Lower Kalnai HEP
Jammu & Kashmir State Power Development Corporation Page 60 of 90
1. Signature of the Authorized Signatory:________________________
2. Name of the Authorized Signatory:______________________________
3. Name of the Company/Firm/Association/Organization:____________________
4. Seal of the Company/Firm/Association/Organization:_____________________
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Jammu & Kashmir State Power Development Corporation Page 61 of 90
ANNEXURE - VI
SCHEDULE OF PAYMENTS UNDER THE CONTRACT
Terms of Payment:
1.0 Schedule of Payments:
• Interim payments to the Contract Management Consultant for the
Consultancy Services rendered in accordance with the scope, the terms
and the conditions of the Consultancy Contract, will be made by JKSPDC,
in monthly intervals upon the presentation and compilation of the monthly
invoices by the consultant and detail by the inputs provided.
• While payments in respect of nominated team of Engineers and other
support staff would be made based on actual deployment at the rates of
remuneration contracted, the monthly payments in respect of ‘out of
pocket expenses’ would be made on pro rata basis being directly
proportional to payments being made for Consultant’s Personnel for that
particular month i.e.
Monthly payment for
Provisional Sum costs =
Monthly payment for
personnel . X Total ‘Provisional
Sum’ Total payment for
personnel
• In case of completion of project prior to the envisaged completion time of
48 months, Provisional Sum price shall reduce in proportion to the actual
manpower deployment.
• Retention money to the tune of 5% would be deducted from all interim
payments and amount so deducted shall be treated as a security deposit
which shall be released only after successful discharge of obligations on
the part of the Contract Management Consultant after 48 (forty eight) plus
12 (twelve months) months.
• Inputs exceeding those estimated in the schedule for personnel/ under
various services will be paid for at contracted unit rates.
2.0 Mobilization Advance:
In addition to the interim payments to the Contract Management
Consultant for the services rendered to the Owner in accordance with the
terms and conditions of the Consultancy Contract, the CONTRACT
MANAGEMENT CONSULTANT, on written request, would be provided with
Comprehensive Contract Management Services 48 (2 X 24) MW Lower Kalnai HEP
Jammu & Kashmir State Power Development Corporation Page 62 of 90
interest bearing Mobilization Advance @10% of the total consideration
payable under the contract on furnishing of bank guarantee equal in
value , as per ANNEXURE XI, and valid for 31 MONTHS or till the liquidation
of the advance, whichever is later. Interest will be charged @ J & K Bank
base rate with monthly rests plus 3% as on the date of disbursement of the
said mobilization advance.
The mobilization advance so paid shall be recovered in full in thirty (30)
equal monthly installments with interest accrued from the consultancy
fees/ payments to be made by Owner to the Contract Management
Consultant from time to time, for the consultancy services rendered under
the contract.
In case the mobilization advance or part thereof with interest cannot be
recovered from any monthly bill, same shall be recovered from the next
monthly bill.
Should the Consultancy Contract end for any reason whatsoever, before
30 months, the Consultant shall be liable to pay the balance amount of
the mobilization advance together with upto date interest.
Comprehensive Contract Management Services 48 (2 X 24) MW Lower Kalnai HEP
Jammu & Kashmir State Power Development Corporation Page 63 of 90
ANNEXURE - VII
CHECK LIST
Bidder shall complete this checklist and submit the same along with proposal
document. Checklist only covers certain important items required for evaluation
of proposal. It has been enclosed to ensure that has submitted all the necessary
data / information as called for in the RFP document.
Please write Yes or No for ensuring compliance.
1. Legal status of the bidder
2. Whether the proposal document is in English language?
3. Whether requisite earnest money in appropriate form has been
enclosed?
4. Has the proposal document been submitted in three sets?
5. Whether following documents have been submitted?
Exceptions and deviations sheet (Annex-I).
Experience of team (Annex-III)
6. Whether price bid has been placed in separate sealed envelope?
7. Whether three sealed envelopes of Bid have been placed in a sealed
packet?
8. Whether a list of documents, data, brochures etc. submitted in support
of the claims mentioned in the proposal document has been enclosed?
9. Whether each page of the proposal document has been signed by the
authorized signatory?
SIGNATURE OF BIDDER
Comprehensive Contract Management Services 48 (2 X 24) MW Lower Kalnai HEP
Jammu & Kashmir State Power Development Corporation Page 64 of 90
ANNEXURE - VIII
LIST OF DEVIATIONS
PROFORMA FOR EXCEPTIONS AND DEVIATIONS
The bidder is required to stipulate the list of Exceptions and Deviations of RFP
Comprehensive Contract Management Services 48 (2 X 24) MW Lower Kalnai HEP
Jammu & Kashmir State Power Development Corporation Page 69 of 90
For the Consultants: _________________
Attention: _______________
Post:
Telegram:
Fax:
Email:
1.7.2 Notice will be deemed to be effective as follows:
a. India Postage Service Mail or by Courier: On delivery
b. India Postage Telegram: Seventy Two (72) hours following
confirmed Transmission
c. Fax: Seventy Two hours.
d. Email: Seventy Two hours.
1.7.3 A Party may change its address for notice hereunder by giving the
other Party notice of such change pursuant to this Clause.
1.8 Location
The Services shall be performed in J&K State or at any other location
desired by JKSPDC, the Owner and, where the location of a particular task
is not so specified, at such locations, as the Owner may approve.
1.9 Authority of Tear Leader
The Consultant may authorize any individual to act as the TEAM LEADER on
their behalf in exercising the entire Consultants' rights and obligations
towards the Owner under this Contract, including without limitation the
receiving of instructions and payments from the Owner.
1.10 Authorized Representative
Any action required or permitted to be taken, and any document required
or permitted to be executed under this Contract, may be taken or
executed:
(a) on behalf of the Owner by ___________________ or his designated
representative;
(b) on behalf of the Consultants by________________or his designated
representative.
1.11 Taxes and Duties The consultants and the personnel shall pay the taxes, duties; fees, levies and other impositions levied under the existing, amended or enacted
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laws during life of this contract and the Owner shall perform such duties in regard to the deduction of such tax as may be lawfully imposed. The Consultant must take into account and include provision for meeting all tax liability under income tax, service tax, professional tax and any other taxes applicable/ payable on a date 30 days prior to date of submission of bids. Any increase/ decrease in these taxes, over and above the rates payable on a date 30 days prior to date of submission of bids, shall be on the Owner’s account and payments under the contract would be regulated accordingly.
2.0 Commencement, Completion, Modification and Termination of Contract
Effectiveness of Contract:
This Contract shall come into force and effect on the date (the "Effective
Date") of the Owner's notice to the Consultants confirming that the
following conditions have been met:
(a) This Contract has been approved by the Owner.
(b) Requisite Contract Performance Bank Guarantee in the prescribed
format has been submitted by the Consultant.
2.1 Termination of Contract for Failure to become Effective:
If this Contract has not become effective within fourteen (14) days of the
date hereof, either Party may, by not less than THREE (3) weeks' written
notice to the other Party, declare this Contract to be null and void, and in
the event of such a declaration by either Party, neither Party shall have
any claim against the other Party with respect hereto.
2.2 Commencement of Services:
The commencement date shall be within 7 days after the consultant
receives the Letter of Intent/Letter of Award or such other date as
communicated.
2.3 Expiration of Contract:
Unless terminated earlier pursuant to Clause 2.9 hereof, this Contract shall
terminate' when, pursuant to the provisions hereof, the Services have been
completed and the payments on account of remuneration and
reimbursable expenditures have been made.
2.4 Entire Agreement:
This Contract contains all covenants, stipulations and provisions agreed by
the Parties. No agent or representative of either Party has authority to
make, and the Parties shall not be bound by or be liable for, any
statement, representation, promise or agreement not set forth herein.
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2.5 Modification:
Modification of the terms and conditions of this Contract, including any
modification of the scope of the Services, may only be made by written
agreement between the Parties and shall not be effective until the
consent of the parties has been obtained. Pursuant to Clause 7.2 hereof,
however, each Party shall give due consideration to any proposals for
modification made by the other Party.
2.6 Force Majeure:
2.6.1. Definition
(a) For the purposes of this Contract, "Force Majeure" means an event
which is beyond the reasonable control of a Party, and which makes
a Party's performance of its obligations hereunder impossible or so
impractical as reasonably to be considered impossible in the
circumstances, and includes, war, riots, civil disorder, earthquake, fire,
explosion, storm, strikes, lockouts or other industrial action (except
where such strikes, lockouts or other industrial action are within the
power of the Party invoking Force Majeure to prevent), confiscation
or any other action by government agencies.
(b) Force Majeure shall not include
Any event which is caused by the negligence or intentional action of a
Party or such Party's Sub-consultants or agents or employees nor Any event
which a diligent Party could reasonably have been expected to both (i)
take into account at the time of the conclusion of this Contract, and (ii)
avoid or overcome in the carrying out of its obligations hereunder.
2.6.2. No Breach of Contract:
The failure of a Party to fulfill any of its obligations hereunder shall not be
considered to be a breach of, or default under, this Contract in so far as
such inability arises from an event of Force Majeure, provided that the
Party affected by such an event has taken all reasonable precautions,
due care and reasonable alternative measures, all with the objective of
carrying out the terms and conditions of this Contract.
2.6.3 Measures to be taken:
(a) A Party affected by an event of Force Majeure shall take all
reasonable measures to remove such Party's inability to fulfill its
obligations hereunder with a minimum of delay.
(b) A Party affected by an event of Force Majeure shall notify the other
Party of such event as soon as possible, and in any event not later
than fourteen (14) days following the occurrence of such event,
providing evidence of the nature and cause of such event, and shall
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similarly give notice of the restoration of normal conditions as soon as
possible.
(c) The Parties shall take all reasonable measures to minimize the
consequences of any event of Force Majeure.
2.6.4 EXTENSION OF TIME:
Any period within which a Party shall, pursuant to this Contract, complete
any action or task, shall be extended for a period equal to the time during
which such Party was unable to perform such action as a result of Force
Majeure.
2.6.5 CONSULTATION:
Not later than thirty (30) days after the Consultants, as the result of an
event of Force Majeure, have become unable to perform a material
portion of the Services, the Parties shall consult with each other with a view
to agreeing on appropriate measures to be taken in the circumstances.
2.7. Suspension:
The Owner may, by written notice of suspension to the Consultants,
suspend all payments to the `Consultants hereunder if the Consultants fail
to perform any of their obligations under this Contract, including the
carrying out of the Services, provided that such notice of suspension (i)
shall specify the nature of the failure, and (ii) shall request the Consultants
to remedy such failure within a period not exceeding three (3) weeks after
receipt by the Consultants of such notice of suspension and shall invoke
contract performance guarantee.
2.8. Termination:
2.8.1. By the Owner: The Owner may, by not less than three (04) weeks'
written notice of termination to the Consultants (except in the event
listed in paragraph (f) below, for which there shall be a written
notice of not less than fifteen (15) days), such notice to be given
after the occurrence of any of the events specified in paragraphs
(a)- through (f) of this Clause 2.9.1, terminate this Contract:
(a) If the Consultants fail to remedy a failure in the performance of their
obligations hereunder, as specified in a notice of suspension
pursuant to Clause 2.7 hereinabove, within three (04) week’s of
receipt of such notice of suspension or within such further period as
the Owner may have subsequently approved in writing;
(b) If the Consultants become insolvent or bankrupt or enter into any
agreements with their creditors for relief of debit or take advantage
of any law for the benefit of debtors or go into liquidation or
receivership whether compulsory or voluntary;
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(c) If the Consultants fail to comply with any final decision reached as a
result of arbitration proceedings pursuant to Clause 8 hereof;
(d) If the Consultants submit to the owner a statement which has a
material effect on the rights, obligations or interests of the Owner
and which the Consultants know to be false;
(e) If, as the result of Force Majeure, the Consultants are unable to
perform a material portion of the Services for a period of not less
than fifteen days (15) days; or
(f) If the Owner, in its sole discretion and for any reason whatsoever,
decides to terminate this Contract.
2.8.2. Cessation of Rights and Obligations:
Upon termination of this Contract pursuant to Clauses 2.9.1 hereof, or upon
expiration of this Contract pursuant to Clause 2.3 hereof, all rights and
obligations of the Parties hereunder shall cease, except
(a) Such rights and obligations as may have accrued on the date of
termination or expiration,
(b) The obligation of confidentiality set forth in clause 3.2 hereof,
(c) Any right which a Party may have under the applicable law
2.8.3 Cessation of Services:
Upon termination of this Contract by notice to pursuant to Clauses 2.9
hereof, the Consultants shall, immediately upon dispatch or receipt of such
notice, take all necessary steps to bring the Services to a close in a prompt
and orderly manner and shall make every reasonable effort to keep
expenditures for this purpose to a minimum.
2.8.4 Payment Upon Termination:
Upon termination of this Contract pursuant to Clauses 2.9 hereof, the
'Owner shall make the following payments to the Consultants:
(a) Remuneration pursuant to Clause 6 hereof for Services satisfactorily
performed prior to the effective date of termination:
(b) Reimbursable expenditures pursuant to Clause 6 hereof for
expenditures actually incurred prior to the effective date of
termination; and
(c) Except in the case of termination pursuant to paragraphs (a)
through (d) of Clause 2.9 hereof, reimbursement of any reasonable
cost incident to the prompt and orderly termination of the Contract
including the cost of the return travel of the Consultants' personnel
and their eligible dependents
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3.0 Obligations of the Consultants
3.1 General
3.1.1 Standard of Performance
The Consultants shall perform the Services and carry out their obligations
hereunder with all due diligence, efficiency and economy, in accordance
with generally accepted techniques and practices used with professional
engineering and consulting standards recognized by professional bodies,
and shall observe sound management, and technical and engineering
practices, and employ appropriate advanced technology and safe and
effective equipment, machinery, materials and methods. The Consultants
shall always act, in respect of any matter relating to this Contract or to the
Services, as faithful advisers to the Owner, and shall at all times support
and safeguard the Owner's legitimate interests.
3.1.2 Law Governing Services
The Consultants shall perform the Services in accordance with the
Applicable Law prevailing in the State of J&K and shall take all practicable
steps to ensure that any Sub-consultants, as well as the Personnel and
agents of the Consultants, comply with the Applicable Law prevailing in
the State of J&K.
3.1.3 Conflict of Interest
The consultant shall hold the Owner's interest paramount, without any
consideration for future work, and strictly avoid conflict with other
assignments or their corporate interests.
3.2.1 Consultants not to benefit from Commission, Discounts Etc.
The payment of the Consultant shall constitute the Consultant's only
payment in connection with this Contract or the Services, and the
Consultant shall not accept for their own benefit any trade commission,
discount, or similar payment in connection with activities pursuant to this
Contract or to the Services or in the discharge of their obligations under
the Contract, and the Consultant shall use their best efforts to ensure that
the Personnel, any Sub- Consultants, and agents of either of them similarly
shall not receive any such additional payment.
3.2.2 Consultants and Affiliates not to be otherwise interested in Project:
The Consultant agrees that, during the term of this Contract and after its
termination, the Consultant and any entity affiliated with the Consultant, as
well as any Sub-Consultants and any entity affiliated with such Sub-
Consultants, shall be disqualified from providing goods, works or services
(other than consulting services) resulting from or directly related to the
Consultant's Services for the preparation or implementation of the project.
3.2.3 Prohibition of Conflicting Activities:
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The Consultant shall not engage, and shall cause their Personnel not to
engage, either directly or indirectly, in any business or professional activities
which would conflict with the activities assigned to them under this
Contract.
3.2.4 Confidentiality:
The Consultants and its Personnel shall not, either during the term or within
two (2) years after the expiration of this Contract, disclose any proprietary
or confidential information relating to the Project, the Services, this
Contract or the Owner's business or operations without the prior written
consent of the Owner.
3.3 Insurance to be taken out by the Consultant:
The Consultant (a) shall take out and maintain, and shall cause any Sub-
Consultants to take out and maintain, at their (or the Sub-Consultants', as
the case may be) own cost but on terms and conditions approved by the
Owner, insurance against the risks, and for the coverage, as shall be
specified in the SC; and (b) at the Owner's request, shall provide evidence
to the Owner showing that such insurance has been taken out and
maintained and that the current premiums have been paid.
3.4 Liability of the Consultant
The Consultant shall be liable to the Owner for the performance of the
Services in accordance with the provisions of this Contract and for any loss
suffered by the Owner as a result of a fault of the Consultants in such
performance.
a. The Consultants shall not be liable for any indirect or consequential loss
or damage caused by or arising out of the act, fault or omission of any
person other than the Consultants
However, this shall not limit the liability of the Consultant in any case of
fraud, deliberate default or misconduct by the Consultant.
b. In the event that the Consultant is in default of his duties in
performance of the services as envisaged in the Contract Agreement,
the Consultant shall redo, rectify all deficits, inadequacies,
insufficiencies pointed out by Owner before whom the report(s) is
submitted within a period of 15 days from the date on which such
defects, deficits etc have been communicated to the consultant
verbally or in writing as the case may be.
3.5 Indemnification of the Owner by the Consultants
The Consultants shall keep the Owner, both during and after the term of
this Contract, fully and effectively indemnified against all losses, damage,
injuries, deaths, expenses, actions, proceedings, demands, costs and
claims, including, but not limited to, legal fees and expenses, suffered by
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the Owner or any Third Party, where such loss, damage, injury or death is
the result of a wrongful action, negligence or breach of Contract of the
Consultants or their Sub-consultants; or the Personnel or agents of either of
them, including the use or violation of any copyright work or literary
property or patented invention, article or appliance.