Professional Documents
Culture Documents
08 Section 8
08 Section 8
The provisions to be found in the Particular Conditions Part B – Special Provisions take
precedence over the equivalent provisions found under the same Sub-Clause number(s) in the
General Conditions, and the provisions of the Particular Conditions Part A – Contract Data take
precedence over the Particular Conditions Part B – Special Provisions.
Any reference to Clauses and Sub-Clauses provided in the Particular Conditions shall be
construed as reference to the same Clauses and Sub-Clauses in the General Conditions.
1.1.66 Retention Period Replace this Sub-Clause in its entirety by the following:
"Retention Period" means the period of 1 year after the
date stated in the Commissioning Certificate.”
1.9 Care and Supply Replace the entire third paragraph with the following
of Documents
“If a Party becomes aware of an error or defect in a
document which was prepared for use in executing the
Works, the Party shall promptly give notice to the other
Party of such error or defect.”
4.7 Setting Out At the end of first paragraph in Sub-Clause 4.7, add:
When setting out any part of the Works, the Contractor
shall give the Employer’s Representative sufficient notice
(not less than 24 hours) to enable the Employer’s
Representative also to satisfy itself to the correctness of
the setting out, before the Contractor commences
construction of the part concerned. However, this will not
relieve the responsibility of the Contractor for the correct
positioning of all parts of the Works.
CLAUSE 5 – DESIGN
6.2 Rates of Wages Add the following at the end of this Sub-Clause:
and Conditions of
“The Contractor shall inform the Contractor’s Personnel
Employment
about their liability to pay personal income taxes in the
Country in respect of such of their salaries, wages,
allowances and any benefits as are subject to tax under
the Laws of the Country for the time being in force, and
the Contractor shall perform such duties in regard to such
6.7 Health and Safety Insert the following at the end of the Sub-Clause:
The Contractor shall conduct health and safety programs
for workers employed under the project, and shall include
information on the risk of sexually transmitted diseases,
including HIV/AIDS in such a program.
Add the following as first sentence of this Sub-Clause:
“Without prejudice to any other obligation under or in
connection with the Contract, the Contractor shall comply
with all health and safety requirements stated in the
Employer’s Requirements.”
Add the following at the end of this Sub-Clause:
“HIV-AIDS Prevention. The Contractor shall conduct an
HIV-AIDS awareness programme via an approved service
provider, and shall undertake such other measures as are
specified in this Contract to reduce the risk of the transfer
of the HIV virus between and among the Contractor’s
Personnel and the local community, to promote early
diagnosis and to assist affected individuals.
The Contractor shall throughout the Design-Build Period:
(i) conduct information, education and consultation
communication campaigns, at least every other month,
addressed to all the Site staff and labour (including all the
Contractor's Personnel and Employer’s Personnel) and to
the immediate local communities, concerning the risks,
dangers and impact, and appropriate avoidance
behaviour with respect to, of Sexually Transmitted
Diseases (STD) - or Sexually Transmitted Infections (STI)
in general and HIV/AIDS in particular; (ii) provide male or
female condoms for all Site staff and labour as
appropriate; and (iii) provide for STI and HIV/AIDS
screening, diagnosis, counselling and referral to a
dedicated national STI and HIV/AIDS programme, (unless
otherwise agreed) of all Site staff and labour.
The Contractor shall include in the programme to be
submitted under Sub-Clause 8.3 [Programme] an
alleviation programme for Site staff and labour and their
families in respect of Sexually Transmitted Infections
(STI) and Sexually Transmitted Diseases (STD) including
HIV/AIDS. The STI, STD and HIV/AIDS alleviation
programme shall indicate when, how and at what cost the
Contractor plans to satisfy the requirements of this Sub-
Clause and the Employer’s Requirements. For each
component, the programme shall detail the resources to
be provided or utilized and any related sub-contracting
6.12 Foreign Personnel “The Contractor may bring in to the Country any foreign
personnel who are necessary for the design, the
execution of the Works and/or the provision of the
Operation Service to the extent allowed by the applicable
Laws. The Contractor shall ensure that these personnel
are provided with the required residence visas and work
permits. The Employer will, if requested by the
Contractor, use his best endeavors in a timely and
expeditious manner to assist the Contractor in obtaining
any local, state, national or government permission
required for bringing in the Contractor’s personnel.
The Contractor shall be responsible for the return of these
personnel to the place where they were recruited or to
their domicile. In the event of the death in the Country of
any of these personnel or members of their families, the
Contractor shall similarly be responsible for making the
appropriate arrangements for their return or burial.”
Measures against “The Contractor shall at all times take the necessary
Insect and Pest precautions to protect the Contractor’s Personnel
6.15
Nuisance employed on the Site from insect and pest nuisance, and
to reduce the danger to their health. The Contractor shall
comply with all the regulations of the local health
authorities, including use of appropriate insecticide.”
Forced Labor The Contractor shall not employ forced labor, which
consists of any work or service, not voluntarily performed,
6.20
that is exacted from an individual under threat of force or
penalty, and includes any kind of involuntary or
compulsory labor, such as indentured labor, bonded labor
or similar labor-contracting arrangements.”
6.23 Workers’ “In countries where the relevant labor laws recognize
Organization workers’ rights to form and to join workers’ organizations
of their choosing without interference and to bargain
collectively, the Contractor shall comply with such laws.
Where the relevant labor laws substantially restrict
workers’ organizations, the Contractor shall enable
alternative means for the Contractor’s Personnel to
8.6 Contract Replace in its entirety the 1st sentence in the 2nd
Completion paragraph by the following:
Certificate
“The Employer's Representative shall, subject to Sub-
Clause 11.8 [Joint Inspection Prior to Contract
Completion], Sub-Clause 10.8 [Completion of Operation
Service], Sub-Clause 14.18 [Asset Replacement Fund]
and Sub-Clause 4.23 [Contractor's Operations on Site],
issue the Contract Completion Certificate to the
Contractor, with a copy to the Employer, within 21 days
after the last day of the Contract Period.”
CLAUSE 9 – DESIGN-BUILD
9.1 Commencement Add the following after the last sentence of this Sub-
of Design-Build Clause:
“There shall be no work authorized to proceed on Site
until such time the Contractor has effected the insurances
defined under Sub-Clause 19.2 [Insurances to be
provided by the Contractor during the Design-Build
Period] in accordance with the provisions under Sub-
Clause 19.1 [General Requirements].”
10. 3 Independent Replace the first sentence of first paragraph with the
Compliance Audit following:
At least 182 prior to the commencement of the operation
services the Employer will engage the Technical Auditing
Body through Project Management Consultants to carry
out an independent and impartial audit during the
operation services.
Please delete the last sentence of first paragraph.
10.6 Delays and Add the following at the end of Sub-Clause 10.6 (a):
Interruptions
If an interruption or delay in the Operation Service results
during the
in a breach of the standards specified in the Schedule of
Operations
Guarantees, then the provisions of Sub Clause 10.7 will
Service
apply.
This Sub Clause shall include any applicable performance
damages as specified in the Appendix 7 (Functional
Guarantee) to the Contract Agreement.
10.7 Failure to Reach Replace this Sub-Clause in its entirety by the following:
Production
“In the event that the Contractor fails to achieve any of the
Outputs
performance standards defined in the Schedule of
Performance Guarantees, the Parties shall jointly
establish the cause of such failure.
If the cause of the failure lies with the Employer or any of
his servants or agents, then, after consultation with the
Contractor, the Employer shall give written instruction to
the Contractor of the measures which the Employer
requires the Contractor to take.
If the Contractor suffers any additional cost as a result of
the failure or the measures instructed by the Employer,
the Employer, subject to Sub-Clause 3.5 [Determinations]
and Sub-Clause 20.1 [Contractor's Claims], shall pay the
Contractor his Cost Plus Profit.
If the cause of the failure lies with the Contractor then,
after due consultation with the Employer, the Contractor
shall take all steps necessary to restore the output to the
levels required under the Contract.
CLAUSE 11 – TESTING
11.4 Failure to Pass Replace this Sub-Clause in its entirety by the following:
Tests on
“If the Works, or a Section, fail to pass the Tests on
Completion of
Completion of Design-Build repeated under Sub-Clause
Design-Build
11.3 [Retesting of the Works] the Employer's
Representative shall be entitled to:
order further repetition of Tests on Completion of Design-
Build under Sub-Clause 11.3 [Retesting of the Works];
issue a Notice under Sub-Clause 15.1 [Notice to Correct];
or
issue the Commissioning Certificate to the Contractor
subject to the payment of performance damages as per
the provisions of Sub-Clause 10.7 [Failure to Reach
Production Outputs], in which case the Employer shall
also be entitled to forthwith apply the provisions found
under Sub-Clause 10.7(b)(ii) without waiting for the
13.5 Provisional Sums Add the following at the end of this Sub-Clause:
“As an exception to the above, the Provisional Sum for
the cost of the DAB, shall be used to pay by the
Contractor of the Employer's one-half share of the
invoices of the DAB for its fees and expenses, in
accordance with Clause 20 [Claims, Disputes and
Arbitration]. No prior instruction of the Employer’s
Representative shall be required with respect to the work
of the DAB. The Contractor shall produce the DAB
invoices and satisfactory evidence of having paid the
entirety of such invoices as part of the substantiation of
those Statements submitted under Sub-Clause 14.3
[Application for Interim Payment Certificates]. The
Employer’s Representative certification of such
Statements shall be based upon such invoices and such
evidence of their payment by the Contractor. No sum for
Contractor’s overhead charges and profit shall apply in
addition to the DAB invoice amounts.”
14.1 The Contract Price Add the following at the end of this Sub-Clause
“Notwithstanding the above, the Contractor’s Equipment,
including essential spare parts therefor, imported by the
Contractor for the sole purpose of executing the Contract
shall be exempt from the payment of import duties and
taxes upon importation.”
14.2 Advance Payment Replace the entirety of this Sub-Clause by the following:
“The Employer shall make an advance payment, as an
interest-free loan for the Design-Build Period, when the
Contractor submits an advance payment guarantee in
accordance with this Sub-Clause. The amount of the
advance payment and the applicable currencies shall be
as stated in the Schedule of Payments. The advance
payment is paid as one-off instalment.
The Employer's Representative shall issue an Interim
Payment Certificate for the advance payment under Sub-
Clause 14.7 [Issue of Advance and Interim Payment
Certificates] after receiving an application under Sub-
Clause 14.3 [Application for Advance and Interim
Payment Certificates] and after the Employer receives (i)
the Performance Security in accordance with Sub-Clause
4.2 [Performance Security] and the parent company
guarantee in accordance with Sub-Clause 4.2A [Parent
Company Guarantee] and (ii) an advance payment
guarantee in amounts and currencies equal to the
advance payment. This guarantee shall be issued by an
entity and from within a country (or other jurisdiction)
approved by the Employer, and shall be based on the
sample form included in the tender documents or in
another form approved by the Employer.
The Contractor shall ensure that the guarantee is valid
and enforceable until the issue of the Commissioning
Certificate for the whole of the Works. If the terms of the
guarantee specify its expiry date, and the Contractor has
not become entitled to receive the said Commissioning
Certificate by the date 28 days prior to the expiry date, the
Contractor shall extend the validity of the guarantee until
the Contractor has been entitled to receive the
Commissioning Certificate. Failure by the Contractor to
maintain the validity of the guarantee in accordance with
this Sub-Clause shall entitle the Employer’s
Representative to withhold the issue of the
Commissioning Certificate.
The Employer shall not make a claim under the advance
payment guarantee except for amounts to which the
14.6 Payment for Plant This Sub-Clause is deleted as not applicable under the
and Materials Contract.
intended for the
Works
14.7 Issue of Interim Add the following sentence at the end of subparagraph
Payment (b):
Certificate
The amount to be withheld for such non-compliance shall
be as reasonably determined by the Employer’s
Representative
14.10 Payment of Replace this Sub-Clause in its entirety with the following:
Retention Money
“The Contractor shall be entitled to include the first half of
the Retention Money in the Final claim of Design-Build
part.
The Contractor shall be entitled to include the second half
of the Retention Money in the Final claim of Operation
Service part.”
15.2 Termination for Replace sub-paragraph (a) in its entirety by the following:
Contractor’s
“(a) fails to comply with Sub-Clause 4.2 [Performance
default
Security] or with Sub-Clause 4.2A [Parent Company
Guarantee] or with a Notice under Sub-Clause 15.1
[Notice to Correct],”
Add the following sub-paragraph, after sub-paragraph (h):
“ (i) subcontracts any work to any person sanctioned by
the United Nations or debarred by the ADB, in breach of
Sub-Clause 4.4 [Subcontractors]”
Replace the paragraph, after sub-paragraph (i), in its
entirety with the following:
“In any of these events or circumstances, the Employer
may, not less than 14 days after giving Notice to the
Contractor, terminate the Contract and expel the
Contractor from the Site unless the Contractor cures the
event or circumstance within the said 14 days. However,
in the case of sub-paragraph (f) or (g) or (i), the Employer
may by Notice terminate the Contract immediately.”
CLAUSE 19 – INSURANCE
19.1 General Add the following at the end of the first paragraph:
Requirements
“The Contractor shall take out any insurance under or in
connection with the Contract with insurers from any
eligible source country listed in Appendix 3 to these
Particular Conditions Part B. In case of failure by the
Contractor to comply with this requirement, and
irrespective of any former approval from the Employer, he
shall forthwith take replacement insurance(s) from
insurers having their origin in an eligible source country
and in terms both subject to approval by the Employer, all
at the Contractor’s risk and cost. For the avoidance of
doubt, the Employer’s Representative shall be entitled to
withhold corresponding payment certification in
accordance with Sub-Clause 14.7 [Issue of Advance and
Interim Payment Certificates] until such time replacement
insurance(s) are provided in accordance with the
Contract.”
20.3 Appointment of the Replace the fifth paragraph in its entirety by the following:
Dispute
“The agreement between the Parties and either the sole
Adjudication Board
member ("adjudicator") or each of the three members
shall be based on the sample form included in the tender
documents, and incorporate by reference the General
Conditions of Dispute Adjudication Agreement in these
General Conditions, with such amendments as are
agreed between them.”
20.5 Avoidance of Insert the text below after the first paragraph and before
Disputes the second paragraph of this Sub-Clause:
“The DAB shall act, as far as reasonable and practicable,
in the spirit of preventing potential problems or claims in
between the Parties from becoming Disputes. The DAB
shall take reasonable and relevant initiatives in this
respect, including, but not necessarily limited to,
suggesting the Parties to refer a matter to the DAB in
20.6 Obtaining Dispute Replace the first paragraph of this Sub-Clause by the
Adjudication following:
Board’s Decision
“If a Dispute (of any kind whatsoever) arises between the
Parties in connection with, or arising out of, the Contract
or the execution of the Works during the Design-Build
Period, including any Dispute as to any certificate,
determination, instruction, opinion or valuation of the
Employer’s Representative, either Party may refer the
Dispute in writing to the DAB for its decision, with copies
to the other Party and the Employer’s Representative.
Such reference shall state that it is given under this Sub-
Clause. The other Party shall then have 21 days to send
a response to the DAB with copies to the referring Party
and the Employer’s Representative.”
20.10 Disputes Arising Replace the Sub-Clause in its entirety by the following:
during the
“Disputes arising during the Operation Service Period
Operation Service
which cannot be resolved between the Parties shall be
Period
settled by a one-person DAB ("Operation Service DAB").
Such person shall be jointly agreed and appointed by the
Parties by the date 28 days after one Party has given
Notice to the other Party of its intention to refer a Dispute
to a DAB in accordance with this Sub-Clause.
If the Parties cannot agree on the person who shall be the
Operation Service DAB, then the person shall be
appointed according to the provisions of Sub-Clause 20.4
[Failure to Agree Dispute Adjudication Board].
The agreement between the Parties and the Operation
Service DAB shall be based on the sample form included
in the tender documents, and incorporate by reference
the General Conditions of Dispute Adjudication
Agreement in these General Conditions, with such
amendments as are agreed between them.
The terms of remuneration of the Operation Service DAB
shall be mutually agreed upon by the Parties when
agreeing the terms of appointment. Each Party shall be
responsible for paying one-half of this remuneration.
The procedure for obtaining a decision from the Operation
Service DAB shall be in accordance with the provisions of
Sub-Clause 20.6 [Obtaining Dispute Adjudication Board's
- Payment installments
- Payment procedures
• GCC Sub-Clause 14.3 [Application for Advance and Interim Payment Certificates], 14.4
[Schedule of Payments], the Contractor shall apply for payment,
• GCC Sub-Clause 14.7 [Issue of Advance and Interim Payment Certificates], the
Employer’s Representative shall certify for payment, and
• GCC Sub-Clause 14.8 [Payment], the Employer shall pay the Contractor as per the
following installments, based on the Contract Price breakdown given, and the currencies
stated, in the Price Schedules.
The installments provided below for Schedules No.1 to No.4 serve the purpose of providing values
according to sub-paragraphs (a) and (d) (as the case may be) of GCC Sub-Clause 14.3.
The installments provided below for Schedules No.5 and 6 serve the purpose of providing values
according to sub-paragraph (g) – Operation Service - of GCC Sub-Clause 14.3.
The installments provided below for Schedules No.7 serve the purpose of providing values
according to sub-paragraph (h) – Asset Replacement Fund - of GCC Sub-Clause 14.3.
For the avoidance of doubt, other items of GCC Sub-Clause 14.3 shall also apply and be used by
the Contractor when preparing his Statements, and by the Employer’s Representative when
preparing his Payment Certificates.
For example, Retention Money under sub-paragraph (c), or adjustments for the Maintenance
Retention Fund under sub-paragraph (i) of GCC Sub-Clause 14.3 shall accordingly apply to these
installments.
• Eighty percent (80%) of the measured value of work of the subtotal amount as certified by
the Employer’s Representative in accordance with the provisions of GCC Sub-Clause 14.7
[Issue of Advance and Interim Payment Certificates]. The measured value of work will
follow the breakdown given in the tables below.
• Ten percent (10%) of the subtotal amount for the Design-Build of the Works upon issue of
the Commissioning Certificate.
Provisional Sums shall be certified and paid as and when used in accordance with Sub-Clause
13.5 [Provisional Sums].
The measured value of work will follow the breakdown as indicated in the following tables.
Component A: Design, build, supply, install and commission raw water Intake well cum pumping
station, including approach Bridge and supply installation of raw water transmission main from raw
water pump house upto raw water inlet at WTP with all ancillary Civil, Mechanical, Electrical,
Instrumentation and SCADA system all complete.
% subtotal for the
Sl.
PARTICULARS GRAND SUMMARY Design-Build of
No.
the Works
1 Survey, Soil investigation, planning, design, drawing, and approval as
2.0%
per scope
2 Construction of Civil Works for Raw water intake well cum pump house
30.0%
in all respect as per scope
3 Supply and Installation Electrical, Mechanical, Instrumentation
14.0%
equipment for raw water intake well cum pump house as per scope
4 Construction of approach bridge from shore line to the Intake all
25.0%
complete as per scope
5 Supply and Installation of raw water main including necessary
14.0%
interconnection all complete as per scope in totality
6 Beginning Trial Run of the entire raw water Intake cum pump house
5.0%
and raw water transmission main with complete scope
7 Commissioning of the entire scope of component A 10.0%
Total 100.00%
Notes:
1. The breakup of payment of each component shall be as per Appendix the following tables.
2. The Employer’s Representative shall have full powers to fix interim rates within the components
and modification with mutual consent.
Component B: Design, build, supply, install and commission from Inlet of WTP, Water Treatment
Plant with all treatment units and associated buildings including clear water reservoir and pumping
station with all ancillary Civil, Mechanical, Electrical and Instrumentation and the SCADA system all
complete.
% subtotal for the
Sl.
PARTICULARS GRAND SUMMARY Design-Build of
No.
the Works
1 Survey, Soil investigation, planning, design, drawing, and approval as
1.00%
per scope all complete
2 Construction of all Civil works related to Water Treatment Units like
comprising of but not limited to Stilling Chamber, Inlet Channel-
Parshall Flume, Flash Mixer, Clariflocculator, Rapid gravity filter, Clear
25.00%
Water Reservoir cum pump house, Sludge sump cum pump house,
Sludge lagoon including Electrical Sub-station etc as per scope all
complete
3 Construction of all Civil Works related to Buildings in Water Treatment
Plant comprising of but not limited to Administrative Building, Staff
10.00%
Quarters, Chemical house, Filter Annex Building etc including
boundary wall, landscaping, drainage etc as per scope all complete
4 Supply of Electrical, Mechanical, Instrumentation and SCADA
40.00%
equipment for WTP and clear water pump house
5 Installation of all Electrical, Mechanical, Instrumentation and SCADA
10.0%
equipment for WTP and clear water pump house
6 Trial Run and Commissioning of the entire WTP with complete scope 7.00%
7 Operationalization of Instrumentation and SCADA system to cover the
7.00%
WTP and whole of the bulk water supply system
Total 100.00%
Notes:
1. The breakup of payment of each component shall be as per Appendix in the following tables.
2. The Employer’s Representative shall have full powers to fix interim rates within the components
and modification with mutual consent.
Component C: Design, build, supply, install and commission of clear water transmission main from
outlet of WTP to the Intermediate Ground level Storage reservoir (GLSR) including construction of
GLSR and associated infrastructure with all ancillary Civil, Mechanical, Electrical and
Instrumentation and SCADA equipment all complete.
% subtotal for the
Sl.
PARTICULARS GRAND SUMMARY Design-Build of
No.
the Works
1 Survey, Soil investigation, planning, design, drawing, and approval for
3.0%
GLSR Site and Clear water transmission main as per scope
2 Completion of all Civil structures at the GLSR Site as per scope 7.0%
3 Supply of the Clear water transmission main from Outlet of CWR (In
45.0%
WTP) to Inlet of GLSR as per scope
4 Laying, testing and commissioning of the entire Clear water
transmission mains from Outlet of CWR (In WTP) to Inlet of GLSR 25.0%
5 Beginning Trial Run including Commissioning of the entire pipeline
10.0%
upto GLSR with complete scope
6 Operationalization of Instrumentation and SCADA system to cover the
10.0%
whole of the bulk water supply system, including Components A and B
3) Schedule 5.3: The Employer will pay the plant electricity costs directly to the Electricity
Supplier.
When applying for certification and making payments, the procedures shall be as follows:
The bill shall be submitted by the Contractor by 10th day of each month, payment of this bill shall be
effected as per provision of Payment Schedule.
The Contractor whose price bid has been accepted shall be required to submit component wise
detailed schedule of payment, based on and limited to the provisions shown in the Payment
Schedule of Payment Appendix 1.
The payment shall be released only as per work done and respective component of work has been
completed and/or levels are achieved.
Measurements will be recorded by the Contractor for the finished designed section of work only for
which all tests are conducted and work done in accordance with specifications and Contract
conditions by using the materials specified in the Contract.
These performance damages shall be the only damages due from the Contractor for such default,
other than in the event of termination under Clause 15 [Termination by Employer]. The payment of
such performance damages shall not relieve the Contractor of any duties, obligations or
responsibilities he has under the Contract, including, for the avoidance of doubt, the obligation to
ensure that the Works remain in accordance with the Contract during the Operation Service Period.
2. General
This Appendix sets out:
(a) the Performance Guarantees
(b) any qualifications or reliefs that apply to the Performance Guarantees
(c) the method of calculating Performance Damages for Performance Guarantee non-
conformances
• Conversely relief will not be provided where there is a persistent non-conformance in one
or more of the parameters, where the Contractor is not addressing the underlying
cause(s), or where the non-conformance is in a health parameter.
Performance Damages shall apply @ Rs 25 per Kl of potable water that is produced less than the
design capacity of the WTP and or the production demand communicated by the Employer,
measured on a daily basis.
(c) Water Loss in raw water conveyance and Treatment (at WTP) to be limited to 5%
The quantity of water abstracted will be measured at the Outlet of the raw water rising main from
the intake well cum pumping station (On the Mukutmanipur reservoir) and after treatment will be
measured at the Inlet to the clear water reservoir in the WTP premises.
The difference in flow measured at the point of abstraction and after treatment should be assessed
as the Water Loss. The estimated water loss assessed on a monthly basis should not be more
than 5% of the water abstracted(measured at the outlet of the raw water pumping main).
Non-conformance shall be measured in case the monthly recorded volumes between water
abstracted and water produced is more than 5% of the water abstracted and Performance
damages shall apply.
In determining the Performance Damages the following will apply:
• The duration of the non-conformances shall be measured on a monthly basis.
• Relief from this guarantee will be provided to the Contractor for a period where the cause
of non-compliance was clearly outside of the control of the Contractor. An example would
be a force majeure event or in case of pipe burst due to reasons not attributable to the
design, construction and or workmanship.
• Relief will not be provided where there is a persistent non-conformance or where the
Contractor is not addressing the underlying cause(s)
• The maximum amount of Performance Damage that shall be applied in any one month
shall be limited to 10% of the total monthly Operation Service payment (excluding
electricity charges)
(d) Water Loss in conveyance of potable water to be limited to 1.5% (of water pumped)
The quantity of potable water pumped will be measured at the (1) Outlet of the clear water rising
main in the WTP and at the (2) Inlet to the intermediate ground level storage reservoir.
The difference in the monthly recorded volumes between potable water pumped from the clear
water reservoir (In WTP) and water that is received at the (Inlet pipe of the) Intermediate ground
level storage reservoir, should be limited to 1.5%. In case the difference between the measured
volumes is more than 1.5%, non-conformance to performance parameter for water lost in
conveyance of potable water will be considered and performance damages shall apply.
In determining the Performance Damages the following will apply:
• The duration of the non-conformances shall be measured on a monthly basis.
• Relief from this guarantee will be provided to the Contractor for a period where the cause
of non-compliance was clearly outside of the control of the Contractor. An example would
be a force majeure event or in case of pipe burst due to reasons not attributable to the
design, construction and or workmanship.
• Relief will not be provided where there is a persistent non-conformance or where the
Contractor is not addressing the underlying cause(s)
• The maximum amount of Performance Damage that shall be applied in any one month
shall be limited to 20% of the total monthly Operation Service payment (excluding
electricity charges).
intermediate ground level storage reservoir) is more than 1.5% of the water pumped, the
performance damage shall be applied on the additional water lost @ Rs 25 per Kl.
The power consumption is the sum of the power consumed by the raw water intake well cum pump
station, water treatment plant, clear water reservoir cum pumping stations and all associated
facilities and equipment.
The Employer will pay electricity costs directly to the Electricity Supplier. However, the cost of the
amount of power used beyond the Performance Guarantee amount will be deducted from
Contractor’s total Operation Service payment.
5. Reporting Requirements
All records shall be compiled for the monthly progress report to be submitted to the Employer. The
monthly reports shall be submitted on the fifth day of the next month. The monthly report shall
generally contain information in prescribed formats that shall be finalized in consultation with
Employer.
Non-compliance to submission of the Monthly reports or in maintaining the records shall result in a
deduction of 5% of the monthly Operation Service charges.
The Contractor is required to submit a Monthly Progress Report by the fifth day of the next month.
The Monthly Progress Report is to contain the information in the required format as agreed
between the Employer and the Contractor prior to the commencement of the Operation Service
period. The Contractor is required to also maintain all the data that supports the information in the
Monthly Progress Report.
The failure to submit the Monthly Progress Report by the fifth day of the next month or the
submission of the Monthly Progress Report in the incorrect format or with missing information will
be deemed a reporting non-conformance.
The following Performance Damages that shall apply:
(a) For each reporting non-conformance a Performance Damage equal to 5% of the total
monthly Operation Service payment shall apply