These Special Conditions of Contract (SCC) shall supplement / amend the General Conditions of Contract (GCC). Whenever there is a conflict, the provisions herein shall prevail over those in the GCC.
1. GCC Clause 4 Notices
GCC Clause 4.1 Employer’s address for notice purposes:
(To be notified later)
Engineer-in-Charge ( To be notified Later)
Contractor’s address for notice purposes:
(Address, telephone no. fax no. etc.) 2. GCC Clause 8 Time for Commencement and Completion
GCC Clause 8.1: The Completion of the Facilities under the Contract shall be attained within 12 months from the date of Notification of Award in accordance with the time schedule specified in Appendix 4 (Time Schedule). Further Contractor is also to provide comprehensive Operation and Maintenance (O&M) of Solar Photo Voltaic Plant for a period of Ten years from the date of successful completion of trial run of the Solar PV Power Plant.
3. GCC Clause 24.3 and 25.2 Completion - Guarantee Test - Acceptance
3.1 In the event that the Contractor is unable to proceed with the Pre-commissioning of the Facilities pursuant to Sub-Clause 24.3, or with the Guarantee Test pursuant to Sub-Clause 25.2, for reasons attributable to the Employer either on account of non-availability of other facilities under the responsibilities of other contractor(s), or for reasons beyond the Employer’s control, the provisions leading to “deemed” completion of activities such as Completion, pursuant to GCC Sub-Clause 24.6, and Operational Acceptance, pursuant to GCC Sub-Clause 25.3.4, and Contractor’s obligations regarding Defect Liability Period, pursuant to GCC Sub-Clause 27.2, Functional Guarantee, pursuant to GCC Clause 28, and Care of the Facilities, pursuant to GCC Clause 32, and GCC Clause 41.1, Suspension, shall not apply. In this case the following provisions shall apply.
3.2 When the Contractor is notified by the Engineer In-Charge, that he will be unable to proceed with the activities and obligations pursuant to above Sub-Clause 3.1, the Contractor shall be entitled to the following:
the Time of Completion shall be extended for the period of suspension without imposition of liquidated damages pursuant to GCC Sub-Clause 26.2;
payments due to the Contractor in accordance with the provision specified in Appendix 1 (Terms and Procedures of Payment) to the Contract Agreement, which would not have been payable in normal circumstances due to non-completion of the subject activities, shall be released to the Contractor against submission of a security in the form of a bank guarantee of equivalent amount acceptable to the Employer.
the expenses towards the above security and extension of other securities under the contract, of which validity need to be extended, shall be reimbursed to the Contractor by the Employer;
the additional charges towards the care of the Facilities pursuant to GCC Sub-Clause 32.1 shall be reimbursed to the Contractor by the Employer for the period between the notification mentioned above and the notification mentioned in Sub-Clause 3.4 below. The provision of GCC Sub-Clause 33.2 shall apply to the Facilities during the same period.
3.3 In the event that the period of suspension under above Sub-Clause 3.1 actually exceeds one hundred eighty (180) days, the Employer and Contractor shall mutually agree to any additional compensation payable to the Contractor, failing which the dispute will be resolved in accordance with GCC Clause no. 6.
3.4 When the Contractor is notified by the Engineer In-Charge that the plant is ready for Pre-commissioning, the Contractor shall proceed without delay in performing all the specified activities and obligations under the contract.
4. Warranty and Liability of Software
4.1 Subject to clause 27-Defect liability of GCC, the contractors warrantee and liability for own software included in the facilities shall be limited solely to the elimination of reproducible errors and malfunction thereof, provided the software is installed on hardware supplied or authorised by the contractor, the Contractor is granted sufficient access by the employer and is provided with all documentation and information to trace the error. Instead of eliminating errors in the supplied version of software, the contractor shall have the right to establish an error free later version and supply the same at no additional cost to the Employer, The newer version so implemented, shall be compatible with the existing hardware supplied or authorised by the Contractor. With respect to standard software (e.g. UNIX, DOS, Words, Excel etc.,) licensed from others, the Contractor‘s warranty and liability shall be limited solely to the warranties and liabilities by the licenses of such software.
5. Operation and Maintenance Manuals
5.1 Before the Operational Acceptance Certificate is issued, in accordance with Clause 25.3.3
Technical Specifications. These shall be in such detail as will enable the Employer/Engineer In-Charge to operate, maintain, adjust and repair all parts of the Facilities. Unless otherwise stated in the Technical Specifications, the manuals and drawings shall be in English language, and in such form and number as stated in the Contract. Six (6) copies of drawings along with two (2) reproducible shall be furnished by the Contractor.
Unless otherwise agreed, the Facilities shall not be considered to be completed for the purposes of taking over until such manuals and drawings have been supplied to the Employer.
6. Completion/ Taking-Over Certificate
6.1 “Completion / Taking-Over Certificate” means the certificate to be given by the Employer / Engineer-In-Charge to the Contractor.
6.2 The Facilities or part thereof shall be taken over by the Employer when they have been completed in accordance with the contract, except in minor respects that do not affect the use of the Facilities or part thereof for their intended purpose, the activities of pre-commissioning, commissioning and trial runs have been accomplished successfully and have passed all the tests (including Operational Acceptance Test) in accordance with the contract and a Taking-Over Certificate has been issued or deemed to have been issued in accordance with the Sub-Clause 6.3 herein.
6.3 The Contractor may apply by notice to the Engineer-In-Charge for a Taking-Over Certificate not earlier than 14 days before the Facilities or part thereof will in the Contractor’s opinion be complete and ready for taking over after the issue of an Operational Acceptance Certificate as per sub-clause 25.3 of GCC.
The Engineer In-Charge shall within 28 days after the receipt of the Contractor’s application either:
a) issue the Taking-Over Certificate to the Contractor with a copy to the Employer stating the date on which the Facilities were complete and ready for taking over, or
b) reject the application giving his reasons and specifying the work required to be done by the Contractor to enable the Taking-Over Certificate to be issued.
c) If the Engineer-In-Charge fails either to issue the Taking-Over Certificate or to reject the Contractor’s application within the period of 28 days he shall be deemed to have issued the Taking-Over Certificate on the last day of that period.
Issue of the Taking-Over Certificate will mark the beginning of the Defects Liability Period.
7. Test Service Period
7.1 As soon as the Facilities or part thereof has passed the Commissioning Tests and operated successfully for Test Service Period as per the approved Quality Assurance Plan (QAP) which shall be inclusive of Quality Assurance and Testing Specifications, the Engineer-In-Charge shall issue a Completion Certificate to the Contractor to that effect. The Completion Certificate shall indicate any outstanding works and/or minor unattended defects of the Facilities, which shall be rectified by the Contractor.
7.1.1 Trial Run Period
The Trial Run shall be done in in accordance with the provisions under Technical Specifications. The Trial Run Period shall commence immediately after the Completion Certificate has been issued. Field Acceptance Tests thereafter shall be carried out in accordance with the specifications and as requested by the Employer under the sole responsibility of the Contractor.
After successful completion of the Field Acceptance Tests and Trial Run Period, the Engineer In-Charge shall issue a Taking-Over Certificate to the Contractor.
The Employer and/or Engineer In-Charge reserve the right to delay the issuance of Taking-Over Certificate until such time he is satisfied that defects enlisted in the Test Certificate / Completion Certificate and other defects, if any, during the Trial Run Period are rectified.
8. Delivery and Documents
8.1 Upon dispatch and before delivery of the Goods at site, the Contractor shall notify the Employer and the insurance company by fax or by writing the full details of the shipment including contact number, railway / Road transporters receipt number and date, description of goods, quantity, name of the consignee etc. the Contractor shall mail the following documents to the Employer with a copy to the insurance company:
a) Four Copies of the Contractor’s invoice showing contract number, goods' description, quantity, unit price, total amount;
b) Railway receipt/Transporter receipt/ acknowledgment of receipt of goods;
c) Four Copies of packing list identifying the contents of each package;
d) Insurance Certificate;
e) Manufacturer's/Supplier's warranty certificate;
f) Inspection Certificate issued by the nominated inspection agency, and the Contractor's factory inspection report; and
The above documents shall be received by the Employer and the Consignee before arrival of the Goods (Consignee can be the representative of Contractor or the Contractor
9. Inspection of Works
9.1 Pursuant to the requirements in GCC Clause 23, the Engineer-in-Charge and / or its Representatives will have full power and authority to inspect the Work at any time wherever in progress either on the Site or at the Contractor's premises/workshops wherever situated, premises/ workshops of any person, firm or corporation where Work in connection with the Contract may be in hand or where materials are being or are to be supplied, and the Contractor shall afford or procure for the Engineer-in-Charge every facility and assistance to carry out such inspection. The Contractor shall, at all time during the usual working hours and at all other time at which reasonable notice of the intention of the Engineer-in-Charge or his representative to visit the Work shall have been given to the Contractor, either himself be present or receive orders and instructions, or have a responsible agent duly accredited in writing, present for the purpose. Orders given to the Contractor's agent shall be considered to have the same force as if they had been given to the Contractor himself. The Contractor shall give not less than seven days’ notice in writing to the Engineer-in-Charge before covering up or otherwise placing beyond reach of inspection and measurement of any work in order that the same may be inspected and measured. In the event of breach of above the same shall be uncovered at Contractor's expense for carrying out such measurement or inspection. Pre-despatch inspection shall be carried out as per the approved QAP. No material shall be dispatched from the Contractor's stores before obtaining the approval in writing of the Engineer-in-Charge. The Contractor is to provide at all time during the progress of the Work and the operation & maintenance period, proper means of access with ladders, gangways etc. and the necessary attendance to move and adopt as directed for inspection or measurements of the Work by the Engineer-in-Charge. The Contractor shall make available to the Engineer-in-Charge free of cost all necessary instruments and assistance in checking or setting out of Work and in the checking of any Work made by the Contractor for the purpose of setting out and taking measurements of Work.
10. Shift Work : Replace GCC Sub-Clause 22.8 with the following
10.1 To achieve the required rate of progress in order to complete the Facilities within the Time for Completion, the Contractor may carry on the work round the clock, in multiple shifts per day, as may be necessary. The Contractor shall however be responsible to comply with all applicable laws in this regard.
Wherever the work is carried out at night adequate lighting of working areas and access routes for pedestrians or vehicles shall be provided by the Contractor at his cost. Sufficient notice should be given by the Contractor to the Employer regarding the details of works in shifts so that necessary supervision should be provided. No additional payment will be made on account of round the clock working in multiple shifts.
11. Transit Damage
11.1 Material shall be supplied by the Contractor properly packed to avoid any Transit damage to the materials. However, Contractor shall be the owner of all such packing materials/containers etc. used for despatch of equipments etc.
12. Supply of Drawings, Reports etc.
12.1 Pursuant to the requirements in GCC Clause 20, the Contractor shall furnish the following number of copies of drawings, reports and other technical documents:
i) Draft version of Technical specifications shall be submitted in triplicate. Final version of Technical Specifications shall be submitted in ten copies. 8 No Soft copies of the approved version shall also be provided in CD/DVD.
ii) Five hard bound copies of the final version of various reports/design briefs/design memorandum along with soft versions in CD/DVD (eight sets) shall be submitted in each case. Draft version to be submitted in duplicate.
iii) Drawings for review/approval shall be submitted in sets of three paper copies A-2 size. One paper copy shall be returned to the Contractor after review.
iv) Design calculations for information/comments shall be submitted in sets of three hard copies and two soft copies in CD/DVD.
v) Three hard copies of detailed construction drawings (2 nos. paper copies + 1 no.
polyster film copy) and two soft copies in CD/DVD.
vi) Five hard copies of approved manuals in addition to 8 soft copies in CD/DVD.
vii) Monthly progress reports shall be submitted in 4 hard copies and two soft copies in CD/DVD.
viii) Five sets of hard copies and 8 copies of soft version in CD/DVD of the Project Completion Report to be submitted.
13. Approval/Review of Technical Documents by Engineer-In-Charge
13.1 The Contractor shall successively submit design and drawings for review/approval of the Employer. The Employer shall give his approval /comments on all design and drawings, properly referred to him within 15 days of the date of receipt in his office.
13.2 In case the Employer has any comments on such documents, he shall within the 15 days period referred to above inform the Contractor of the same and technical discussions shall, if required, be held thereafter without delay to finalize the Drawings.
13.3 In case approval or comments of the Employer have not been communicated within the stipulated 15 days then the Contractor shall notify the Employer immediately and if the Employer does not approve/comment within next 7 days the Contractor shall proceed ahead with the Works considering that the Employer has reviewed the designs and drawings and has no comments to offer.
13.4 The Contractor may make minor alterations to designs during the course of construction as may be necessary or expedient, under prior intimation to the Employer.
If errors, omissions, ambiguities, inconsistencies, adequacies or other defects are found in the design and drawings submitted by the Contractor, these documents and the
13.5 The Contractor shall inform and provide the Employer the software’s to be used for analysis and design. The diskettes/CD of such software shall be temporarily provided to the Employer on returnable basis at no cost to the Employer.
13.6 The details of drawings/ documents explicitly defined in Technical Specifications and Appendix to Bid which include but not limited to will be submitted for review/approval or for information are as below :
13.6.1 Civil Works
The following documents/ drawings will be submitted for review/approval of the Employer:
i) Design criteria/ Design memo ii) Detailed Specifications
iii) General arrangement and layout drawings of each component and its related structures.
The drawings/memos in the following category will be submitted only for information of the Employer:
a) All Detailed Design Calculations.
b) All Excavation Drawings.
c) All Concrete outline drawings.
d) All Reinforcement drawings.
e) All Foundation treatment drawings.
f) All Assembly drawings.
g) Other miscellaneous drawings required for completion of works.
13.6.2 Electromechanical Works
The following documents/drawings will be submitted for review/approval of the Employer:
i) Design criteria.
ii) Specifications.
iii) Design calculations.
iv) General arrangement and assembly drawings.
v) Quality assurance plans.
vi) O&M Manuals of the manufacturers.
The documents/drawings in the following category will be submitted only for information of the Employer:
a) Manufacturer’s detailed Specifications.
b) Site storage manuals.
c) Manufacturing history records.
d) Erection, testing and commissioning procedures and method statements.
e) Sub-assembly drawings.
f) Detailed fabrication drawings.
14. AVAILING CARBON CREDIT
14.1 Employer intends to get the project registered under CDM. Employer will take care of the CDM related formalities. The Contractor shall provide all the required information / data, at no extra cost, to Employer as may be asked for fulfilling the requirements of Clean Development Mechanism (CDM). This would include, but not limited to, assistance during the local stakeholder consultation meeting, providing information regarding monitoring of the project, maintaining log books for different parameters like generation, plant shutdown, grid availability, etc. regular calibration of the meters as per applicable grid code and any other information that is required by the validator during the CDM validation of the project.
15. STATUTORY APPROVAL FOR WORKS
a) All statutory approvals for the Works (from power utility/Electrical Inspector or any other approval required as per applicable law, rules thereof for the scope of work under the Contract shall be obtained by the Contractor.
b) The Inspection and acceptance of the Works, as above, shall not absolve the Contractor from any of his responsibility under this Contract.
c) The Contractor shall be responsible for interconnection of Solar PV power plant with the State grid, so as to export power from Solar PV power plant. Therefore, the contractor should make all efforts for installation of metering equipment, etc., and carry out the inter connection prior to the final commissioning of the Solar PV power plant.
16. SCOPE OF WORKS
16.1 The Brief Scope of Works has been Annexed to SCC and has been elaborated under Various Section of Employer’s Requirement (Technical Specifications) .The Scope of Work under this Contract shall also include in addition to that specified in scope of works in contract elsewhere but not limited to the provision of all labour, plant, materials,
and performing all work necessary for Overall and detailed planning of the Project, all necessary additional investigations and tests, Design Criteria, Preparation of basic and detailed Specifications, and quality assurance plans, preparation of Commissioning and O&M Manuals, preparation of overall Project Completion Report and the following studies required for these purposes as specified herein under:
16.1.1 Additional Investigations
Additional field investigations for various work areas and additional laboratory and field tests required for design and construction purposes both at the initial stage and also subsequently during construction stage shall be identified by the contractor. The additional field investigations shall be got carried out and the
Additional field investigations for various work areas and additional laboratory and field tests required for design and construction purposes both at the initial stage and also subsequently during construction stage shall be identified by the contractor. The additional field investigations shall be got carried out and the