热电厂工程招标文件翻译 （英文版 第三部分）

　　57.0 DEFENSE OF SUITS

　　In case any action at law or suit in equity is brought against the Board or the Engineer or any officer or agent of either of them, for or on account of the failure, omission, or neglect of the Contractor to do and perform any of the covenants, acts, matters, or things by this Contract undertaken to be done or performed, or for the injury or damage caused by the negligence or alleged negligence of the Contractor or his Subcontractors or his or their agents, or in connection with any claim or claims based on the lawful demands of Subcontractors, workmen, material, men, or supplies of machinery and parts thereof, equipment, power tools and supplies incurred in the fulfillment of this Contract, the Contractor shall indemnify and save harmless the Board and the Engineer and their officers and agents, of and from all losses, damages, costs, expenses, judgments, or decrees whatever arising out of such action or suit that may be brought as aforesaid. The Contractor shall be permitted to participate on the defense of any suit.

　　58.0 GOVERNMENTAL AUTHORISATION

　　The Board will assist the Contractor for obtaining any required authorization and export licenses for exporting tolls, equipment, test equipment, unused materials, and the like, all of which are and remain the property of the Contractor, from Bangladesh at the conclusion of the work. The Board shall have the first option to purchase for fair value any of the Contractor's plant, equipment, tools, materials, and supplies which are imported for use in the performance thereof and subsequently offered for sale in Bangladesh, but the Contractor is relieved of any responsibility to recognize the option and may sell to anyone at the best price obtainable in the event that Board does not exercise the option within thirty (30) days of Board's receipt from the Contractor of written notice of the intent to sell, provided, however, that the Contractor will observe usual Government Regulation with regard to sale of such imported goods in Bangladesh.

　　59.0 LOSSES FROM NATURAL CAUSES

　　All loss or damage arising out of the nature of the Work, or from the action of the elements, or overflows, or from ground water, or from any unusual obstruction or difficulty, or any other natural or existing circumstances foreseeable, which may be encountered in the prosecution of the Work, shall be sustained and borne by the Contractor at his own cost and expense.

　　60.0 INSURANCE

　　The Contractor shall arrange the following insurance except "Workmen's compensation Insurance for the Contractor's expatriate personnel" from M/S Bangladesh Sadharan Bima Corporation in the joint name of the BOARD and Contractor and Policies to be taken in foreign currency and local currency wherever necessary and the payment of premium shall be made by the Contractor.

　　60.01 MARINE INSURANCE

　　Insurance of equipment/Spare parts/materials/ Vehicles and other goods covering all risks including war, strike, riots, civil commotion from the port of shipment to the port of discharge transit after discharge to the Site, and ware-houses to warehouse anywhere in Bangladesh.

　　The Contractor shall promptly furnish one set of shipping documents, a copy of Bill of lading, invoice, packing list etc, of each consignment direct to the Deputy Director, Insurance. Finance Directorate, BPDB, Dhaka well in time of the shipment of goods indicating the contract number and name of the insurer. If they fail to comply with this instruction they will be held responsible to compensate the losses if any arising out of the non -compliance of this conditions.

　　60.02 ERECTION INSURANCE

　　"Builder's risk Insurance" and "Erection Insurance' and or "Structural Insurance" including third party liabilities wherever considered necessary by the Contractor and approved by the Board.

　　60.03 TRANSPORT LIABILITY INSURANCE

　　Comprehensive water crafts if necessary automobile insurance on motor vehicles to be used by the Contractor during the working period in Bangladesh.

　　60.04 WORKMEN'S COMPENSATION INSURANCE

　　The Contractor shall procure and maintain Workman's Compensation Insurance for all expatriate personnel employed by the Contractor for services in Bangladesh and shall provide for such employees other insurance benefits such as it customarily provides for overseas assignments Of its other employees.

　　60.05 REPLACEMENT AND REPAIR UNDER INSURANCE

　　The Contractor shall follow customary insurance claim procedures in seeking to effect recovery under the applicable insurance coverage, of the costs of repair or replacement of any materials lost or damaged in shipment or handling, replacement shipments for materials being replaced or materials that has been returned to the country of origin for repair shall be shipped at no charge to the Board. However, any costs for custom duties, taxes, import licenses under an insurances claim will be borne by the Contractor. The contractor shall in no way withheld the project works/ supplies / services for finalisation of the insurance claimed, if any.

　　61.0 TERMS AND PRECEDURES OF PAYMENT

　　61.01 Local Currency [Bangladesh Taka]

　　Eligible claims for Local Currency [Bangladesh Taka] payment shall be made by the BOARD by issuing account payee cheque.

　　61.02 Foreign currency

　　Foreign Currency payment shall be made through Letter of Credit (L/C). The charges for establishment of letter of credit within the territory of Bangladesh shall be borne by the BOARD and outside Bangladesh shall be borne by the Contractor. An irrevocable letter of credit shall be opened by the Employer within 45 (forty-five) days after the date of Contract signing.

　　61.03 Terms of payment of EPC Part (for supplier’s credit proposal) (i) 10% of foreign currency as advance payment certified by the Engineer and approved by the Project Director against submission of Bank guarantee. (ii) 10% of foreign currency against issuance of receiving cum damage report (for CIF Part) or against monthly invoice for the actual progress (for Installation and service part) against submission of invoices duly verified by project office & certified by the Engineer and approved by the Project Director .

　　(iii) 20% of local currency against monthly invoice for the actual progress against monthly invoice for the actual progress (for Installation and service part) against submission of invoices duly verified by project office & certified by the Engineer and approved by the Project Director .

　　(iv) 80% of the foreign currency and 80% local currency portion shall be paid by the BOARD according to the Deferred payment schedule/ Amortization schedule (considering terms & condition of Tenderer’s Credit financing). If credit amount is 85% of the EPC contract amount (for both Foreign currency and Local currency), advance payment of foreign currency will be 15% instead of 10%. In that case, payment against receiving cum damage report (for CIF Part) & foreign currency monthly progress payment ((for Installation and service part) will be nil, local currency monthly progress payment will be 15% and 85% of the foreign currency & local currency portion shall be paid according to the Deferred payment schedule/ Amortization schedule

　　(considering terms & condition of Credit financing).

　　Board shall have the option of early repayment of the credit amount.

　　61.04 Terms of payment of EPC Part (for Buyer’s credit proposal)

　　61.04.1 CIF Part a. 10% of the CIF cost of the supply of Goods shall be paid as advance payment against submission of Bank guarantee.

　　b. 50% of the CIF cost of the Supply of Goods shall be paid out of the irrevocable Letter of Credit within 30 days upon presentation of invoice along with complete shipping documents as per clause GC 62. Payment advice shall be issued to the Bank by the concerned office of the BOARD

　　upon receipt of the negotiable shipping documents duly verified by project office & certified by the Engineer and approved by the Project Director . c. 20% of the CIF cost of the supply of Goods shall be paid on issuance of receiving cum damage report against submission of invoices duly verified by project office & certified by the Engineer and approved by the Project Director .

　　d. 10% of CIF cost of the supply of Goods shall be paid only after successful Reliability Test run (ICO), Performance tests and after issuance of Taking over/Provisional Acceptance certificate against submission of invoices duly verified by project office & certified by the Engineer and approved by the Project Director .

　　e. 10% of CIF cost for the supply of Goods shall be paid after issuance of Taking over/ Provisional Acceptance certificate against submission of Bank guarantee (valid upto 60 days beyond the end of 02 years warranty period) of equal amount and submission of invoice duly verified by project office & certified by the Engineer and approved by the Project Director.

　　61.04.2 Installation and service (foreign currency portion)

　　(i) 10% as advance payment against submission of Bank guarantee.

　　(ii) 70% against monthly invoice duly verified by project office & certified by the Engineer and approved by the Project Director.

　　(iii) 10% after issuance of Provisional Acceptance/Taking over certificate against submission of invoice duly verified by project office & certified by the Engineer and approved by the Project Director.

　　(iv) 10% after issuance of Taking over/ Provisional Acceptance certificate against submission of Bank guarantee (valid upto 60 days beyond the end of 02 years warranty period) of equal amount and submission of invoice duly verified by project office & certified by the Engineer and approved by the Project Director.

　　61.04.3 Payment of Local Currency [Bangladesh Taka]:

　　a. 80% of the total Local Currency [Bangladesh Taka component] of the Contract Price shall be paid against monthly invoices for the actual progress for the respective month accompanied by the statement of the Works duly verified by project office & certified by the Engineer and approved by the Project Director within forty five (45) days of the date of approval of the invoice by the Project Director.

　　b. 10% of the total Local Currency [Bangladesh Taka Component] of the Contract Price shall be paid after issuance of Provisional Acceptance/Taking over certificate against submission of invoice duly verified by project office & certified by the Engineer and approved by the Project Director.

　　c. 10% after issuance of Taking over/ Provisional Acceptance certificate against submission of Bank guarantee (valid upto 60 days beyond the end of 02 years warranty period) of equal amount and submission of invoice duly verified by project office & certified by the Engineer and approved by the Project Director.

　　If credit amount is 85% or higher of the EPC contract amount (for both Foreign currency and Local currency), advance payment of foreign currency will be 15% instead of 10%. Foreign currency progress payment (payment against receiving cum damage report/ payment against monthly invoice) percentage will be reduced accordingly.

　　Board shall have the option of early repayment of the credit amount.

　　61.05 Terms of Payment for LTSA Part: Payment for Foreign Currency:

　　a) For Spares:

　　(i) 60% of the CIF cost of the Supply of Goods shall be paid out of the irrevocable Letter of Credit within 30 days upon presentation of invoice along with complete shipping documents as per clause GC 62. Payment advice shall be issued to the Bank by the concerned office of the BOARD

　　upon receipt of the negotiable shipping documents duly verified by concerned office of the power plant & certified by the Engineer and approved by the Head of the power plant. (ii) 20% of the CIF cost of the supply of Goods shall be paid on issuance of receiving cum damage report against submission of invoices duly verified by concerned office of the power plant & certified by the Engineer and approved by the Head of the power plant.

　　(iii) 20% of CIF cost of the supply of Goods shall be paid after ending of the particular year of LTSA Period against submission of invoice duly verified by concerned office of the power plant & certified by the Engineer and approved by the Head of the power plant.

　　b) For Service:

　　(i) 90 % against monthly Invoice duly verified by concerned office of the power plant & certified by the Engineer and approved by the Head of the power plant.

　　(ii) Remaining 10% shall be paid after ending of the particular year of LTSA Period against submission of invoice duly verified by concerned office of the power plant & certified by the Engineer and approved by the Head of the power plant.

　　Payment for Local Currency: [Bangladesh Taka]

　　For Service:

　　(i) 90 % against monthly Invoice duly verified by concerned office of the power plant & certified by the Engineer and approved by the Head of the power plant..

　　(ii) Remaining 10% shall be paid after ending of the particular year of LTSA Period against submission of invoice duly verified by concerned office of the power plant & certified by the Engineer and approved by the Head of the power plant.

　　If at any time any payment would fall to be due for a work or portion of a work and if there shall be any defect in portion of such works in respect of which such payment is proposed, BOARD may retain the whole or any portion of such payment. Any sum retained by the BOARD pursuant to the provision of this sub Clause shall be paid to the Contractor after the said defect is removed.

　　62.0 DOCUMENTATION FOR PAYMENT

　　Claims for payment must be supported by the following documentation as specified hereinafter, Requests for reimbursement for the cost of equipment materials, freight, transportation and insurance shall be supported by the following documents (each copy to be certified by the Contractor or the Contractor's representative to be a true copy of the document of which it is a copy) :

　　50% of the CIF cost of supply of materials and equipment (60% of the CIF cost for LTSA Part) shall be paid upon presentation of i) invoice in 3(three) originals, ii) packing list in 3(three) originals, iii) insurance certificate in 1(one) originals, iv) Bill of lading/ Airway Bill in 1(one) original and 3(three) copies marked Freight prepaid, v) Warranty certificate in 1(one) original, vi) manufacturer’s factory test certificate in 1(one original, vii) quality and quantity certificate of

　　the materials & equipment shipped in 1(one) original, viii) factory test witnessing certificate where applicable in 1(one) original and ix) certificate of origin issued by the manufacturer of the materials shipped in 1(one) original.

　　Requests for mobilisation fund and progress payments shall be supported by the following documents:

　　i. One copy or Photostat of the Contractor's invoice which shall identify the Contract and which shall show the total foreign currency value of the Contract, the total foreign currency amounts previously received and/or claimed as mobilisation fund or progress payments; the foreign currency amount being invoiced for payment; separate total values as of the date of this invoice of equipment and materials delivered (including shipping and related costs) and services performed; and separate total values since the date of the previous notice. ii. One counterpart of a Work Progress Certificate signed by the Contractor and Jointly countersigned by the Engineer and the Project Director. iii. The Contractor shall submit all Work Progress Certificates to both the Engineer and the BOARD simultaneously by registered air mail. The Engineer and the Project Director will either countersign or reject a Work Progress Certificate within a maximum period of thirty (30) days from the date of receipt of such Certificate by him. If the Engineer and the Project Director or either shall fail either to countersign or to reject a Work progress Certificate within the said thirty (30) days period, the Contractor shall notify the BOARD by cable of the delay in the approval from the Site; and the BOARD will either countersign the Work Progress Certificate in question or assign his reasons for not doing so within a maximum period of sixty (60) days from the date of receipt of the Contractor's said cable notice to him. The Contractor shall furnish to the BOARD and the Engineer or either whenever called upon to do so any additional information or documents that may be required in connection with verification of progress claims and or any other payments made.

　　63.0 REPORTING, CLEARING AND SHIPPING DOCUMENTS

　　The Contractor shall provide all official forms and documentary information as shall be needed to satisfy the requirements of Bangladesh Customs and the Board.

　　63.01 REPORTING DOCUMENTS

　　The Contractor shall forward to the Project Director, Barapukuria 250 MW (3rd Unit) Coal fired Thermal Power Plant Project Project, Bangladesh Power Development Board, Bangladesh, the following documents :

　　a. Bill of Lading 1 Copy

　　b. Shipping Specification 2 Copies

　　c. Quality Certificate 2 Copies

　　d. Packing Lists (One copy shall be placed inside the case, 2 Copies

　　the other in a special packet in case No.1)

　　e. Insurance Certificate 2 Copies

　　63.02 CLEARING DOCUMENTS

　　The Contractor shall forward to the Board through their bankers not later than seven (7) days from the date of sailing for the purpose of clearing the cargo at the Point of destination the following documents

　　a. Negotiable copy of Bill of Lading 1 Copy

　　b. Invoice with itemised prices 3 Copies

　　c. Shipping Specification 3 Copies

　　d. Copy of the Charter Party 1 Copy

　　(If chartering has been permitted by prior arrangement with the Board)

　　63.03 SHIPPING DOCUMENTS

　　Simultaneously with the dispatch of the negotiable documents as listed in clause 63.02 above the Contractor shall also send by Air Mail eleven (11) sets of non-negotiable shipping documents for each shipment according to the following distribution list. Each set will comprise the following documents :

　　64.0 BOOKS AND RECORDS

　　The Contractor shall maintain books and records covering all transactions under this Contract. These books and records shall be available for inspection and audit by the Board for a period of three (3) years after termination as provided under the Contract.

　　65.0 PACKAGING

　　All equipment and materials shall be suitably coated wrapped, or covered and boxed or crated for export shipment and to prevent damage during handling and storage at the Site. Cardboard containers shall be enclosed in a solid wooden container.

　　Equipment and process materials shall be packed and semi-kocked down, to the extent possible, to facilitate handling and storage and to protect bearings and other machine surfaces from oxidation. Each container, box, crate or bundle shall be reinforced with steel strapping in such a manner that breaking of one strap will not cause complete failure of the packaging. The packing shall be of best standard to withstand rough handling and to provide suitable protection from tropical weather

　　while in transit and while awaiting erection at the Site.

　　Equipment and materials in wooden cases or crates shall be properly cushioned to withstand the abuse of handling, transportation and storage. Packing shall include preservatives suitable to tropical conditions. All machine surfaces and bearings shall be coated with oxidation preventative compounds. All parts subject to damage when in contact with water shall be coated with a suitable grease and wrapped in heavy asphalt or tar impregnated paper.

　　Crates and packing material used for shipping will become the property of the Board, but the Contractor will be allowed to use the same for the Work as needed, but the remaining material shall be turned over to the Board upon completion of the Project.

　　Packaging or shipping units shall be designed within the limitations of the unloading facilities of the receiving ports and the ship which will be used. Ships with special heavy capacity unloading rigging may be required for large units of equipment. It shall be the Contractor's responsibility to investigate these limitations and to provide suitable packaging and shipping to permit unloading at the Port.

　　Each package or shipping unit shall be clearly marked or stenciled on at least two sides as follows :

　　BANGLADESH POWER DEVELOPMENT BOARD

　　Barapukuria 250 MW (3rd Unit) Coal fired Thermal Power Plant Project

　　BANGLADESH

　　(Name of Contractor)

　　In addition, each package or shipping unit shall have the symbol painted in red on at least two sides of the package, covering one fourth of he area of the side.

　　Each part of the equipment which is to be shipped as a separate piece or smaller parts packed within the same case shall be legibly marked to show the unit of which it is a part and matchmarked to show its relative position in the unit, to facilitate assembly in the field. Unit marks and matchmarks shall be made with steel stamps and with paint.

　　Each case shall contain a packing list showing the detailed contents of the package. When any technical documents are Supplied together with the shipment of materials no single package shall contain more than one set of such documents. Shipping papers shall clearly indicate in which packages the technical documents are contained.

　　The case number shall be written in the form of a fraction, the numerator of which is the serial number of the case and the denominator the total number of case in which a complete unit of equipment is packed.

　　Wherever necessary besides usual inscriptions the cases shall bear special indication such as "Top", "Do not turn over", "Care', "Keep dry", etc., as well as indication of the centre of gravity (with red vertical lines) and places for attaching slings (with chain marks).

　　Cases which cannot be marked as above shall have metal tags with the necessary markings on them. The metal tags shall be securely attached to the packages with strong steel binding wire.

　　Each piece, skid, case or package shipped separately shall be labelled or tagged properly.

　　66.0 COMPLETION

　　All works under the scope of this Contract shall be completed on or before the expiration of 1095 calendar days counted from the effective date of the Contract.

　　67.0 PROVISIONAL ACCEPTANCE CERTIFICATE (PAC)

　　The work shall not be considered as complete until a PAC has been issued for the work, signed and dated by the Acceptance Committee constituted by the BOARD and the Engineer and delivered to the Contractor with a copy to the BOARD. The PAC will be issued ( by the Board) only after a final inspection and performance test of the unit has been carried out by a team of representatives of the Contractor, the Engineer and the members of the acceptance committee of the BOARD, and the work has been judged complete and in compliance with the Contract Documents. The test shall be performed as specified in the applicable Technical Requirements. Necessary testing equipment will be supplied by the Contractor. The final inspection and the performance test of the unit and the subsequent issuance of the PAC shall not be construed as a release to the Contractor from any contractual liability or responsibility, such release being subject only to the provisions of the release of liability clause, Clause GC-

　　68. The BOARD may take over completed portions of the work, prior to completion of the Contract, by written notice to the Contractor. The Provisional Acceptance Certificate shall not be unreasonably withheld nor shall the BOARD delay the issuing of the PAC on account of minor omissions or defects, which do not affect the commercial operation without any serious risk to the plant, provided always that the Contractor undertakes to make good such omission and defects within a reasonable time. From the date of final inspection and test of completed works, at least three (3) weeks time should be taken for observation to the outcome of the work, after which Provisional Acceptance Certificate should be issued for the work, signed and dated by the BOARD and the Engineer and delivered to the Contractor, provided that no omissions or defects are found which may affect the commercial operation of the plant.

　　68.0 RELEASE OF LIABILITY

　　The acceptance by the Contractor of the last payment shall operate as, and shall be, a release to the Board and every officer, agent and employee thereof, from all claims and liability hereunder for anything done or furnished for, or relating to the Work or for any act or neglect of the Board or Of any person relating to or affecting the work.

　　The last Payment by the Board to the Contractor shall constitute final acceptance of all work performed under this Contract and shall be release of the Contractor and his surety, from all contractual. Liabilities and responsibilities to the Board except those liabilities and responsibilities assumed under the Clause 50.0 "WARRANTY' of these General Conditions, or arising out of hidden defects.

　　In the event a suit were to be instituted in Bangladesh against the Board and the Contractor as Joint defendants, neither shall be released from his respective liabilities under this Contract.

　　69.0 SUCCESSFUL PERFORMANCE

　　This Contract shall be deemed successfully performed, that is completely performed, at the expiration of the specified warranty period, not-withstanding the provision whereby the Board may extend the warranty period, at its option, for consideration to be paid to the Contractor as determined by negotiation.

　　70.0 TRAINING

　　(1) Foreign Training

　　The total man-months for training will be limited to 100 (one hundred) at manufacturer's factory. 21 (twenty one) round trip air fares from Dhaka, Bangladesh to the Manufacturer's factory, meals, lodging costs transport expenses of the trainees during the period of training including incidental expenses or medical expenses or Medical Insurance from time to time will be covered by the Contractor. In addition, pocket expenses will be US dollar 100 per day per person. The Contractor must indicate in technical offer the practical arrangements he is offering for ensuring the training, as well as the methodology used.

　　The Contractor will provide all maintenance and operation manual, drawings relating to all the equipment to each trainee on the first day of his arrival at the Manufacturers Premises.

　　(2) Job Site Training

　　BPDB shall make available, free of cost, to the Contractor total 80 (eighty) BPDB staff members for the purpose of on-the-job training in different fields (Operation, Mechanical Maintenance, Electrical Maintenance, I & C maintenance etc.) at site during installation, testing, commissioning and initial operation of the plant for two

　　(2) months. Also during warranty period, it shall be the responsibility of the Contractor to train them adequately and properly in a planned manner so that these member of the Board's staff can take over the responsibility of operation and maintenance of the plant and equipment independently.

　　71.0 MODIFICATIONS

　　The contractor shall not alter any of the Work, except as directed in writing by the Board through he Engineer, but the Engineer will assist the Board subject to the provisions hereinafter contained from time to time during the execution of the Contract by notice in writing to direct the Contractor to alter, amends, omit, add to, or otherwise vary any of the works, and the Contractor shall carry out such variation, and be bound by the same conditions, so far as applicable, as though the said variations were stated in the Specifications. In any case in which the Contractor has received any such direction from the Board through the Engineer which either then or later will, in the opinion of the Contractor, involve an increase or decrease in the Contract Price, the Contractor shall as soon as reasonably possible, advise the Engineer in writing to that effect.

　　The difference in cost to the Board, if any, occasioned by any such variations, shall be added to or deducted from the Contract Price as the case may require. The amount of such difference shall be ascertained and determined in accordance with the rates specified in Schedule of Prices, so far as the same may be applicable, and where are not contained in the said Schedule or are not applicable, such amount shall be agreed between Board and the Contractor.

　　Should the Board/Engineer make any such variations in any part of the Work such reasonable notice in writing will be given to the Contractor as we will enable him to make his arrangements accordingly, and in case where plant is already manufactured or in course of manufacture, or any matter done or drawings or patterns made that require to be altered, a reasonable sum in respect thereof will be allowed by the Board. If in the opinion of the Contractor any such variation is likely to prevent or prejudice the Contractor from or in fulfilling any of his obligations under the Contract, he shall notify the Board through the Engineer thereof in writing, and the Engineer will decide forthwith in accordance with the Board's instruction whether or not the same shall carried out. If the Board confirms his instructions in writing, the said obligations shall be modified to such an extent as may be justified. Until the Board so confirms their instructions these shall be deemed not to have been given.

　　72.0 FINAL ACCEPTANCE CERTIFICATE (FAC)

　　The work shall not be considered as completed until a Final Acceptance Certificate (FAC) shall have been jointly signed by the Engineer and the BOARD and delivered to the Contractor stating that all work has been finally completed to their satisfaction. The Final Acceptance Certificate (FAC) will be given by the BOARD latest twenty eight (28) days after the expiration of the guarantee period or if different guarantee periods shall become applicable to different parts of the work, after the expiration of the latest of such periods and as soon as any and all work to be made good is completed to the satisfaction of the Engineer and the BOARD.

　　73.0 LIMITATION OF LIABILITY

　　Except in cases of criminal negligence or wilful misconduct:

　　the aggregate liability of the Contractor to the “BOARD”, whether under the Contract, in tort or otherwise, shall not exceed the total Contract Price, provided that this limitation shall not apply to the cost of repairing or replacing defective Works, or to any obligation of the Contractor to indemnify the “BOARD” with respect to patent infringement.

　　CONTRACTOR'S DRAWINGS

　　1.1 SHOP DRAWINGS

　　Engineering data covering the manufacture of all equipment and fabricated materials specified hereunder shall be submitted to the Board/Engineer for approval. These data shall include drawings and descriptive material in sufficient detail to show the type, size, arrangement, operation of component, materials, devices, the external connections, anchorage's, supports required and any dimensions necessary for installation and co-ordination with related equipment. No work shall be performed until the drawings and data have been approved.

　　1.2 WORKING DRAWINGS

　　The Contract drawings shall show the arrangement, layout, existing equipment, method of control and the design of the, completion of power plant addition as specified herein.

　　(1) The title of the drawing, the signature of the Contractor's responsible engineer, the date prepared shall appear in the bottom right hand corner of the drawing. The size of drawings shall be as follows:

　　(2) The Contractor shall submit for approval checked arrangement and detailed drawings of all parts, schematic and wiring diagrams and description of equipment to demonstrate that the equipment to be furnished will conform to the requirements and intent of the Specifications.

　　The arrangement drawings shall show overall dimensions, clearance heights for the equipment, weight, description and location of all accessories.

　　Schematic diagrams shall indicate the operation and function of all electrical equipment, accompanied, where necessary, with explanatory notes.

　　(3) The Contractor shall submit installation drawings for approval including embedded Piping., piping details, support for pipings, conduits and fittings, cable laying, cable rack fixing and other detailed drawings for installation work.

　　(4) The following types of drawings shall be submitted for approval immediately on completion of design:

　　(5) The Contractor shall., in addition to the documents specified in the Contract, furnish without delay the documents, drawing and other information, which though not specified in the Contract, may be required by the Board or the Engineer from time to time during the period of execution of the Contract.

　　(6) Unless otherwise specially provided, any and all expense required to submit the documents, drawing and other information in compliance with the Contract shall be borne by the Contractor.

　　(7) Prior to fabrication of the equipment, the Contractor shall submit approval drawings to the Engineer for approval. Should the Engineer direct modifications to be made in order to satisfy the requirements of the Specifications, the Contractor shall submit modified approval drawings. Alterations in the Contract Price shall not be made by reason of the modifications in the approval drawings. In the event the Contractor proceeds with fabrication without approval of drawings, he shall make the necessary changes at his own expense. Approval of drawings shall in no way relieve the Contractor of his obligation to satisfy the requirements of the Specifications or the responsibility of making corrections in his drawings. All approved drawings shall have a column provided for inscription of modifications in the contents. Drawings shall clearly indicate modified parts by arrows or other means.

　　(8) After approval, the drawings shall be kept up to date reflecting any changes made, and upon completion. "As built" drawings shall be delivered to the Board. The Board's approval shall be obtained for all Contractor's drawings including any changes made.

　　1.3 FOUNDATION DESIGN

　　The Contractor shall be responsible for the proper design of the equipment foundations to withstand the dynamic load and static load of load of turbine/ engine and generators etc. Location and arrangement of steel reinforcement, concrete keyways and detailed drawings showing additional concrete required shall be prepared by the Contractor.

　　2.0 PHOTOGRAPHS

　　The Contractor shall furnish to the Board three (3) copies of each photograph taken to show shop assembly of equipment and the monthly stages of equipment installation. Each photograph shall show upon its face, the date, the Contractor's name, and description of the view taken. Photographs shall be taken of each assembly or sub-assembly to indicate the progress of the Work. Additional photographs shall be taken when and where required as directed by the Board and/or the Engineer. Shop photograph shall be not smaller than 120 mm by 150 mm in size.

　　3.0 CO-OPERATION WITH BOARD

　　The continuity of commercial power service by the Board is of prime importance. Complete co-operation between the Contractor and the operating departments of the Board must be maintained. All works which may affect the operation of the existing system shall be scheduled to suit the Board's convenience, taking into consideration the power system facilities and requirements at all time during construction.

　　In the event that it is necessary to either interrupt the power supply limit the amount of power available or to impose abnormal operating conditions on the power system, such procedure must be approved by the Board and a complete understanding and agreement must be reached by all parties concerned well in advance. The time scheduled for such understanding shall be definite as to date, time of day and length of time required.

　　The Contractor shall not be entitled to any additional payment for any costs arising from the necessity to perform the Work which, by its effect on the Board's existing operating systems, requires that it be performed at times other than regular working hours.

　　4.0 CONSTRUCTION PLANT AND TEMPORARY FACILITIES

　　Unless otherwise specified, the Contractor shall furnish at his own expense all construction equipment, temporary structures and enclosure, utilities and other temporary facilities and all tools, materials and supplies which are required for prosecution of the Work but which will not be incorporated in the permanent Work.

　　All such temporary structures and facilities furnished by the Contractor shall remain the property of the Contractor and shall be maintained throughout the Construction Work.

　　When the Work is completed all such temporary structures and facilities shall be removed from the Site and the area shall be restored to its original condition.

　　All equipment and facilities shall be safe and in first class condition and shall be of the proper type and size to adequately perform the Work. Such equipment and facilities shall be regularly and systematically maintained throughout the Work to ensure proper and efficient operation. Equipment and facilities which are inadequate or improperly maintained shall promptly be modified, repaired, or removed from the Site and replaced.

　　4.1 TEMPORARY STRUCTURES

　　Temporary structures if required. for Offices, quarters, storage and other use for the Contractor or his Subcontractors shall be constructed by, the Contractor only in locations assigned by the Project Director. The construction of such structures shall be subject to the Board's approval.

　　The Contractor shall erect temporary walls, fences to isolate the construction area to keep dust and dirt from the remainder of the Plant and prevent unauthorised access to operating sections and to keep plant personnel and visitors away from the construction area if any.

　　4.2 CONSTRUCTION ELECTRIC POWER

　　Contractor shall bear all cost of Electricity consumption for construction use at Site according to prevailing tariff rate including government duty.

　　The energy will be available at a single supply point from existing 33 kV substation (including domestic power required by personnel at the Site). All equipment/ arrangements shall be of the Contractor at his cost.

　　The Contractor shall connect to the supply terminals or load bus designated and shall provide all wiring, transforming and protecting devices, switches, starters, and other electrical systems and equipment required to adopt and distribute power for his use.

　　4.3 TEMPORARY LIGHTING

　　The Contractor shall provide his own temporary lighting facilities at the Site.

　　4.4 WATER

　　The Contractor shall provide his own arrangement of construction water and process water.

　　The Contractor shall provide purified water for drinking and sanitary use of his personnel. The Contractor shall be solely responsible for the quality of the water he furnishes. Likewise the Contractor shall be responsible for furnishing a sanitary system for dispensing drinking water.

　　4.5 SANITARY FACILITIES

　　The Contractor shall furnish and maintain sanitary facilities for the use of all personnel engaged in the Work under this Contract. These facilities shall be subject to the approval of the Board.

　　The Contractor's workmen shall not be permitted to use sanitary facilities in the existing plant.

　　5.0 SCHEDULE OF IMPORTED TOOLS, TESTING EQUIPMENT AND PERSONNEL

　　If requested by the Board the Contractor shall submit a complete itemized schedule of the construction and maintenance tools, and testing equipment that he intends to send to the construction Site in Bangladesh. The schedule shall include quantities, capacities, type and model designations, and other descriptive information for the Board to evaluate the capability of the Contractor's field construction forces.

　　In addition, the Contractor shall submit to the Board a schedule of all personnel which he intends to import into Bangladesh for the Work covered by this Contract. This Schedule shall include any non-Bangladesh personnel presently employed in Bangladesh who will be assigned to the Work. The schedule shall include the name and present address of each person, his intended assignment and responsibility in connection with the Work and a concise resume of his experience in the type of work to which he will be assigned.

　　6.0 CUSTOMS CLEARANCE

　　The Contractor shall be responsible for Bangladesh customs clearance of all materials, supplies, equipment, tools and other articles shipped into Bangladesh by the Contractor for the accomplishment of this Work, including the food and the personal effect of the Contractor's personnel. This customs clearance will take place at the Bangladesh port (Chittagong/Mongla), or at the International Airport at Dhaka. The Board will, however, pay import duties ( custom duties, VAT etc. ), excise duty, import permit fees and all other taxes leviable in Bangladesh on only the equipment and materials that will be incorporated in the Permanent Works ( as distinct from the Contractor's equipment, tools, spares, consumables, etc.). The Board will help the Contractor to obtain necessary import permits and licenses required for customs clearance.

　　All payment for clearance charge, storage charge, etc. ( excluding charge, fees, etc. claimed by Clearing Agents, if any ) which are imposed by the relevant agencies of the Government of Bangladesh, relating to the clearance of equipment and materials that will be incorporated in the Permanent Works shall be made by the Board subject to the Condition that if the Contractor makes delay in submitting necessary shipping documents to the Board, the demurrage charges by the Port

　　Authority will be borne by the Contractor ( chapter II, clause 55.0 )

　　Tools and equipment for use during construction but which are to remain the property of the Contractor and which are to be exported by the Contractor from Bangladesh at the completion of the Work shall be carefully documented and specially listed to facilitate both import and export. The Contractor shall determine prior to shipment the customs regulations applicable to this special case as well as normal import rules and regulations applicable.

　　The Contractor shall also be responsible for inland transport by barge/ truck/train

　　to the Site.

　　7.0 RECEIVING, TRANSPORTING, HANDLING AND STORAGE

　　The Contractor shall receive, transport, handle, store and install all materials and equipment furnished under these specifications, or otherwise involved in the performance of this Contract. It shall be the responsibility of the Contractor to determine the availability and capacity of transportation and unloading facilities and to make whatever arrangements are required to secure to the necessary facilities.

　　The Board will not be responsible for furnishing any equipment or providing any services.

　　The Contractor shall be responsible for the prompt unloading of all equipment or materials. The Contractor shall pay any demurrage incurred due to delay in unloading and for any other reasons except the case that the Board has not arranged timely discharge of the payment of custom duties.

　　Storage space will be allocated on the Plant Site by the Board before unloading any materials or equipment, the Contractor shall prepare and submit to the Project Director a drawing showing the proposed utilisation of the storage space allocated to him. The storage space shall be utilised in accordance with the drawing as approved by the Board. This drawing shall be kept current and shall show the location and description of each stored item for which Contractor is responsible. Revised copies of these drawings shall be submitted to the Project Director as they are made. The Contractor shall examine the Site and the means of transportation from the storage space.

　　The Contractor shall handle materials and equipment carefully to prevent damage or loss. The use of bare rope slings for handling will not be permitted unless specifically approved by the Engineer. Special handling devices shall be used when necessary to avoid damage.

　　7.1 PLATFORMS

　　Open platforms shall be constructed by the Contractor at least 50 cm above grade and shall have adequate flooring and base structure to support the stored materials and equipment.

　　7.2 INDOOR STORAGE

　　Indoor storage shall be constructed by the Contractor by suitable means for keeping materials and equipment from contact with the ground.

　　7.3 SHORING

　　Shoring shall be provided by the Contractor to safely support materials and equipment not less than 30 cm above the ground.

　　7.4 WEATHERPROOF COVERINGS

　　Weatherproof coverings for outdoor storage shall be provided by the Contractor and shall utilise a waterproof flame resistant type of sheeting. The sheeting shall be carefully placed and tied down to prevent moisture from entering the laps and to prevent wind damage to the coverings.

　　8.0 EQUIPMENT PERFORMANCE

　　The Contractor shall be responsible for the correct design and operation of each individual item of equipment in his supply. In addition, he shall be responsible for the correct performance and operation of his equipment when functioning with equipment supplied by other contractors. The Contractor shall carry out such design work and tests on systems within his supply as may be necessary for establishing and demonstrating their combined performance and good working to the satisfaction of the Engineer.

　　9.0 IDENTIFICATION OF CONTRACTOR'S EMPLOYEES ,VEHICLES AND BUILDINGS

　　The Contractor shall provide each of 'his employees and his Subcontractor's employees with a suitable numbered badge bearing the name or initials of the Contractor. Each employee shall wear his badge upon his person while at work on the Site in such a manner that it will be plainly visible as a means of identification.

　　All vehicles and large equipment furnished and used by the Contractor or his Subcontractors on the Work shall be clearly marked with the Contractor's or Subcontractor's business name. The Contractor's offices, stores, depots and other facilities shall also be clearly identified.

　　10.0 EXPATRIATE PERSONNEL

　　The Contractor shall submit to the Board through the Engineer data on all personnel he intends to bring into Bangladesh for the performance of the Work. This data shall include the name and present address of each person, his intended assignment and responsibility in connection with the Work and a concise resume of his experience in the type of work to which he will be assigned. This data shall be submitted to the Engineer at least thirty (30) days prior to their expected arrival in Bangladesh.

　　Any expense associated with illness of the Contractor's personnel, including replacement thereof, shall be to the Contractor's account.

　　Costs of passports, visas, travel documents, inoculations and other incidental expenses incurred by the Contractor's non-Bangladesh employees and their dependants occasioned by travel to and from Bangladesh shall be borne by the Contractor.

　　The Board will not furnish living quarters for the Contractor's personnel and families.

　　The Contractor and the expatriate personnel of the Contractor shall respect all Bangladesh laws, rules and regulations and shall not interfere with Bangladesh political or religious affairs either directly or indirectly and shall comply with such other rules and regulations.

　　11.0 SAFETY

　　The Contractor shall comply with all ordinances and regulations including, but not limited to, National, State, Municipal laws and Department of Labour, Transmigration and Co-operation Regulations that are in force in the locality of the Works and shall comply with any instructions that may be from time to time issued by the Board/Engineer.

　　12.0 PROTECTION OF OPERATING PLANT

　　The Contractor's attention is drawn to the fact that during the course of the construction period, Barapukuria 230/33 KV Sub-Station, related transmission line and existing 2 x 125 MW plant with auxiliary system will be under operation.

　　The Contractor shall not interrupt or interfere with these services .

　　The Contractor shall ensure that none of his personnel enter any section of the Board's plant, which is in operation, without permission of the Board.

　　No work shall be carried out on existing equipment by the Contractor unless a permit has been issued to the Contractor by the Board/ Engineer.

　　The Contractor shall obtain from the Board an authorised person's signature before the Work is commenced and shall return the permit to the Board on completion of the Work. The Contractor shall state on the permit that the Work has been completed and obtain an authorised person's signature for acceptance.

　　In respect of work related to existing plant or substations or transmission/auxiliary system which are required to be carried out during a shutdown period, the Contractor shall inform at least three (3) months before. All such works shall be completed within the decided period.

　　Any shutdown periods of operational plant will be scheduled by the Board/Engineer in such a manner as to cause minimum interference with the operations and may be scheduled outside normal hours.

　　13.0 COORDINATION OF WORK

　　The Contractor shall be required to attend design discussion meetings at the Board's offices in Dhaka. Project Director's office to attend progress, liaison and co-ordination meetings at intervals as required by the Board and/or the Engineer for design progress and other contractors at the Site. Such co-ordination meetings at the Site shall be held at least once in every month.

　　14.0 LANGUAGE

　　The ruling language of the Contract shall be English and all correspondence, technical schedules, drawings, software and other documents of whatever nature required by the Engineer or the Board under the provisions of the Contract shall be provided in the English language.

　　15.0 QUALITY ASSURANCE

　　The Contractor shall operate and demonstrate a Quality Assurance Programme to ensure that the Contract is completed in accordance with the Contract Schedule and to the standards specified. Work procedures shall be fully documented and shall be available to satisfy the Board/ the Engineer of the Contract execution in civil, architectural, mechanical and electrical engineering:

　　(a) Design

　　(b) Procurement, manufacture and packaging

　　(c) construction, commissioning and final testing

　　The Contractor shall within thirty(30) days after signing the Contract present to the Board for approval two(2) copies of comprehensive procedures as to the organisation and type of documentation adopted to exercise a meaningful quality assurance programme. These shall include:

　　(d) The submission of inspection and test plans for factory manufactured plant. (e) The submission of a plan for obtaining the Engineers approval of important stages of the Site construction work, e.g. material receipt and storage, construction, erection, testing and setting to the Work.

　　16.0 CONTRACT PLANNING AND CONTROL

　　The Contractor shall have an experienced and qualified Contract Manager available and assigned full time during the execution of the Contract. The Contract Manager shall act for and represent the Contractor in all Contract matters.

　　Thirty (30) days before starting the Work at the Site, the Contractor shall submit the detail site management organisation for approval by the Board/Engineer. Such proposals shall show clearly the Contractor's key personnel, classification and qualification with the detailed information and curriculum vitae for above key personnel.

　　The Site Manager and senior key personnel who will be responsible for working closely with the Project Director's/Engineer's staff to achieve efficient execution of the Contract shall be competent to conduct meetings and communications in the English language.

　　The management organisation shall include a planning and programming service covering the Work, and shall operate the latest techniques in communication and analysis. The Contractor shall nominate a planning engineer to co-ordinate all planning activities. The Contractor Shall accept active participation by the Engineer in the programming and progressing of all phases of the Contract and shall provide full facilities and access to all sources of detailed programming and progressing information, including Subcontractors, for monitoring purposes.

　　17.0 RELEASE OF INFORMATION

　　The Contractor shall not communicate or use in advertising, publicity, or sales release, photographs or other reproductions of the Work under this Contract, or descriptions of the size, dimensions, quantity, quality, or other information concerning the Work unless prior written permission has been obtained from the Board/Engineer.

　　18.0 SAFETY AND ACCIDENT PREVENTION

　　It shall be the Contractor's responsibility to maintain throughout the construction period, a safety and accident prevention program satisfactory to the Board and which meets the requirements of applicable governmental codes and of all other authority having jurisdiction over this Work.

　　19.0 FIRE PROTECTION

　　Only construction procedures which minimize fire hazard to the extent practicable shall be used. Combustible debris and waste materials shall be collected and burned or removed from the Site each day, good housekeeping shall be practiced by the Contractor throughout the construction period. Unless specified herein or a particular application, untreated canvas, paper, plastic and other flammable flexible materials shall not be used on the Site for any purpose. If such materials are on equipment or materials which arrive at the Site they shall be removed and replaced with an approved covering before storing or moving into the construction area. Likewise corrugated paper and fiberboard cartons shall not be permitted in the construction area for the storage or handling of materials and if such cartons do arrive in the construction area they shall be immediately unpacked and removed from the Site.

　　Approved flexible materials shall be waterproof and flame resistant.

　　The Contractor shall provide adequate fire protection equipment in each warehouse office and other temporary structure and in each work area which he is occupying. Access to fire hydrants and other sources of fire water shall be identified and kept open at all times. Suitable fire extinguishers shall be provided in enclosed area and in areas which are not accessible to fire water or which may be exposed to fire that cannot be safely extinguished with water. Each fire extinguisher shall be of a type suitable for extinguishing fires which might occur in the area in which it is located. In areas where more than one type of fire might occur the type of fire extinguisher required in each case shall be provided. Each extinguisher shall be placed in a convenient, clearly identified location which will most likely be accessible in the event of fire. Formwork, scaffolding, planking and similar materials which are combustible but which are essential to execution of the Work shall be treated for fire resistance or otherwise protected against combustion resulting from welding sparks cutting flames and similar fire sources.

　　The above recommendations shall not be construed to establish minimum fire protection requirements. The Contractor alone shall be responsible for providing adequate fire protection.

　　20.0 LINES AND GRADES

　　All work done under this Contract shall be done to the lines, grades, and elevations shown on the plans. The Contractor shall furnish competent men and suitable equipment as required for the proper laying out of the Work, for making measurements and for establishing temporary or permanent marks in connection with the Work.

　　The Engineer may, at his sole discretion, check the reference marks, lines, grades and measurements so established. The Contractor shall furnish competent men from his force and such tools, stakes and other materials as the Engineer may require in making the check. The Contractor shall keep the Engineer informed a reasonable time in advance, of the times and places at which he wishes to do work so that any checking deemed necessary may be made with the minimum of

　　inconvenience to the Engineer and of delay to the Contractor.

　　Any work done without being properly located and established by base lines, offset stakes bench marks or other basic reference points may be ordered removed and replaced at the Contractor's cost and expense. The Contractor shall carefully preserve all monuments, bench marks and reference points. In case of his destruction thereof, the Contractor will be charged with the expenses of replacement and shall be responsible for any mistake or loss of time that may be caused. Permanent monuments or bench marks which must be removed or disturbed shall be protected until they can be properly referenced for relocation. The Contractor shall furnish materials and assistance for the proper replacement of such monuments or bench marks.

　　21.0 SECURITY

　　The Contractor shall be solely responsible for the security of all equipment and materials incorporated or to be incorporated in the Work by him and all equipment, materials, tools, supplies, structures, facilities and others properly used in the prosecution of the Work but not incorporated therein while in his care and custody.

　　The Contractor shall conform also to any specific security requirements of the Board but such compliance shall not relieve the Contractor from the total responsibility for security.

　　22.0 HOUSING & TRANSPORT

　　The Contractor shall arrange by themselves suitable family housing units together with furnishing and utilities in the close proximity of the Site for accommodation of all imported personnel. If the services of any imported personnel of the Contractor or its Subcontractors are required for a period of more than six (6) months the Contractor may authorise the employees' wife and children accompany him or to subsequently join him. In any such case the Contractor shall make available

　　suitable family accommodations at the proximity of the Site.

　　If the Contractor decides in consultation with the Board that the health or safety of any imported personnel is or might be Jeopardised by political or health hazards in Bangladesh, the Contractor may, after forty eight (48) hours notice, order its employees and the employees of its Subcontractors and suppliers to return to their headquarters or other safe location, in which case the Work will be deemed to be suspended for the duration as may be jointly decided, Provisions of Clause 34.0 of GC "SUSPENSION OF THE WORK" of Chapter II will apply in case of suspension of work.

　　The Contractor shall provide to the extent agreed transport vehicles for use during construction period by the expatriate as well as local personnel.

　　23.0 PROTECTION OF WORK

　　The Contractor shall be solely responsible for the protection of his Work until its Final Acceptance by the Board. The date of commercial production, or the date of issuance of the Completion Certificate which ever is earlier shall, except as portions may earlier be placed in service, be deemed the date of Final Acceptance.

　　The Contractor shall have no claim against the Board because of any damage or loss to the Contractor's Work, except damage or loss resulting directly from the actions of the Board or the employees thereof, and shall be responsible for the complete restoration of damaged work to its original conditions complying with the specifications and drawings.

　　24.0 PROPRIETARY NAMES

　　Whenever a material or article is specified or described on the plants by using the name of a proprietary product or by using the name of a particular manufacturer or vendor, the specific item mentioned shall be understood as establishing the type, function and quantity desired. Unless otherwise specified, other manufacturers products which in the opinion of the Board, are equivalent of those specified will be accepted. Such items shall be submitted for approval by the procedure set forth in the General Conditions.

　　25.0 STARTUP AND INITIAL OPERATION

　　The Contractor shall render all services and do all Work required to place each item of equipment installed by him, including all auxiliaries, piping, and wiring, and the plant in operating condition to the satisfaction of the Engineer and the Board. Individual systems and items of equipment shall be completed in a sequence that will permit systematic start-up and trial operation of each such component before it is incorporated in the plant start-up and initial operation.

　　After erection, all equipment having moving parts, or subjected to pressures or voltages, shall be given trial operation. Rotating equipment shall be checked for proper direction of rotation, shaft alignment and balance. Equipment subject to pressures shall be carefully examined for leakage. A representative of the Board shall be present at start-up of all the equipment and all procedures shall have his approval, in addition to that of the Engineer.

　　The Board will furnish operating personnel during start-up and initial operation. The Contractor shall provide all other workmen required, in the opinion of the Engineer, to make adjustments and correct deficiencies during the initial equipment and plant start-up testing and initial operation will be in progress continuously over extended periods of time. The workmen required of the Contractor shall be on the Site at all times during these periods. All costs for the Contractor's personnel in connection with the start-up and initial operation of equipment and plant are included as a part of the lump sum price under the Contract.

　　The Contractor shall provide all temporary instrumentation and gauging devices, including connections, required during start-up and trial operation of equipment and systems which he has installed.

　　All rotating machinery shafts shall be in as nearly perfect alignment as practicable. Rotating machinery shall be free from excessive vibration, overheating bearings, and other conditions which would tend to shorten the life of the machinery. Bearings, shafts, and other moving parts shall be checked for proper alignment, cleaned and lubricated before the equipment is initially started. Full compliance with each equipment manufacturer's specifications and instructions shall be observed.

　　26.0 ACCEPTANCE TESTING

　　The issuance of the Completion Certificate [PAC] as specified in Chapter II "GENERAL CONDITIONS", Clause 67 "PAC", shall be contingent upon the successful and favourable completion of all inspections and testing required to verify the performance, installation, and acceptability of the Work. The Contractor's Representative and key technical, supervisory and skilled personnel, with necessary tools and equipment, shall remain at the Site until the Completions Certificate is issued, and shall make all adjustments and modifications required to comply with the performance and acceptance requirements. Acceptance Tests shall be conducted at the Site by the Contractor to prove the performance of each plant according to the guarantees as specified in the Tender Form under the attendance of the Board/Engineer.

　　The Contractor shall furnish the characteristics data of the plants according to the performance given in the Tender Form, to be supplemented by the Contractor as necessary.

　　Before commencement of Acceptance Tests (Performance Tests), the Contractor shall ensure that Power Plant have completed Reliability test run / Initial Commercial Operation successfully.

　　27.0 SUPERVISION DURING WARRANTY PERIOD

　　The Contractor shall provide one (1) Competent Operation Engineer who will be in overall in charge of the Plant, one (1) Engineer for Electrical Maintenance (Generator, Transformer, Substation, Switchgears etc.), one (1) Engineer for I&C, one (1) Engineer Turbine Maintenance (including turbine auxiliaries) and one (1) Engineer for Boiler Maintenance (including Boiler auxiliaries & chemical plant) for smooth maintenance and operation of the Plant. The Contractor has to provide all the spares and service needed for maintenance requirement during the warranty

　　period and will engage required manpower in addition to the above stated personnel.

　　During warranty period the above mentioned Engineers jointly with BPDB'S Engineers/Staff shall have to perform the operation & daily maintenance of the plant. For this purpose, quarterly progress report of BPDB Personnel shall have to be submitted to the authority by the above mentioned Engineers showing the progress of BPDB Personnel for safe & reliable operation and maintenance of the plant independently.

　　27.1 SERVICE ENGINEERS AFTER WARRANTY PERIOD (TO BE PART OF 'LTSA')

　　The Contracto shall provide one (1) Competent Operation Engineer who will be in overall in charge of the Plant, one (1) Engineer for Electrical Maintenance (Generator, Transformer, Substation, Switchgears etc.), one (1) Engineer for I&C, one (1) Engineer Turbine Maintenance (including turbine auxiliaries) and one (1) Engineer for Boiler Maintenance (including Boiler auxiliaries & chemical plant) during 5 years LTSA period to help BPDB O & M personnel in day to day operation and maintenance as well as provide technology transfer. The Contractor has to provide all the spares and service needed for maintenance requirement during the LTSA period and will engage required manpower in addition to the above stated personnel.

　　28.0 DISPOSAL OF REPLACED EQUIPMENT AND MATERIAL

　　Equipment and materials replaced by the Contractor will be inspected by the Engineer or the Board. If found in usable, or repairable condition, the Contractor shall place them in storage at the point designated. All other equipment and material will be classed as debris, and disposed off.

　　29.0 OPEPATING AND MAINTENANCE INSTRUCTIONS

　　Twelve (12) copies of complete operating and maintenance instructions, (including inventories of spare parts and tools and parts lists with ordering instructions), bound in book form, shall be furnished by the Contractor for each piece of equipment. Operating instructions explaining preventive maintenance procedures, methods of checking the system for normal safe operation, and procedure for safely starting and stopping the system shall be prepared in typed form, complete with wiring, flow, and control diagram.

　　Soon after start up of the plant, qualified personnel shall be provided by the Contractor to instruct selected representatives of the Board in the operation and maintenance of the equipment. At least three (3) weeks notice to carry out such instructions shall be given to the Engineer and the Board by the Contractor, together with an agenda and procedure, for approval of the Engineer.

　　30.0 GUARANTEE ON PERFORMANCE

　　30.1 Net output

　　If the plant fails to achieve such net power output at site condition as guaranteed by the Contractor in Guarantee Schedule, the Contractor shall pay to the Employer liquidated damages as follows:

　　US $ 1000 per kW for decrease in net output

　　30.2 Heat Rate

　　If the net heat rate of the plant exceeds the guaranteed value, the Contractor shall pay to the Employer a liquidated damage as follows:

　　US $ 5.5 million for 1% or a part thereof increase in net heat rate

　　30.3 Performance during LTSA Period

　　Contractor shall guarantee net output (Offered guaranteed net output or net output achieved in Project Acceptance Test, which is lower) and net heat rate (Offered guaranteed net heat rate or net heat rate achieved in Project Acceptance Test, which is higher) through out the LTSA period. Performance test at the beginning of each LTSA year shall be conducted at the Site by the Contractor to prove the performance of plant under the attendance of the Board/Engineer.

　　If contractor fails to achieve guaranteed combined cycle net output in the yearly LTSA Performance Test, after each yearly LTSA Performance Test the Contractor shall pay to the Employer liquidated damages at the rate of US $ 120 per kW decrease in guaranteed net output.

　　If contractor fails to achieve guaranteed net heat rate in the yearly LTSA

　　Performance Test, after each yearly LTSA Performance Test the Contractor shall pay to the Employer liquidated damages at the rate of US $ 725,000 for 1% or a part thereof increase in net heat rate.

　　30.4 The increase in net heat rate is to be calculated by the following formula: -

　　H100% : Guaranteed Net heat rate at 100% load

　　H75% : Guaranteed Net heat rate at 75% load

　　H50% : Guaranteed Net heat rate at 50% load

　　Hg(W) : Calculated weighted average guaranteed Net heat rate,

　　Hg(W) = H100% x 0.5 + H75% x 0.3 + H50% x 0.2

　　Ha100% : Actual measured net heat rate at 100% load

　　Ha75% : Actual measured net heat rate at 75% load

　　Ha50% : Actual measured net heat rate at 50% load

　　Ha(W) : Calculated weighted average actual net heat rate,

　　Ha(W) = Ha100% x 0.5 + Ha75% x 0.3 + Ha50% x 0.2

　　The increased heat rate is calculated as follows:

　　h (%) = Ha(W) -Hg(W) X 100

　　Hg(W)

　　In the application of the calculation formula above, if the results become a minus (-) the BOARD shall not be liable to Pay the Contractor such value.

　　31.0 LONG TERM SERVICE AGREEMENT (LTSA)

　　The LTSA shall be a separate agreement with the EPC Contractor and not an integral component of the EPC bid but will be evaluated financially in conjunction

　　with the turnkey proposal.

　　EPC contractor of this power plant will have the requisite potential to furnish detailed technical & financial proposal for LTSA for the Power Plants covering all inspection, maintenances & overhauling of all the equipment including supply of all spares & consumables for a period of 5 (five) years after the expiry of warranty period.

　　The LTSA Provider’s personnel shall be available at site within maximum one week from the date of receipt of request from the Employer after the Contract is made effective. The LTSA provider shall provide one (1) Competent Operation Engineer who will be in overall in charge of the Plant, one (1) Engineer for Electrical Maintenance (Generator, Transformer, Substation, Switchgears etc.), one (1) Engineer for I&C, one (1) Engineer Turbine Maintenance (including

　　turbine auxiliaries) and one (1) Engineer for Boiler Maintenance (including Boiler auxiliaries & chemical plant) during 5 years LTSA period to help BPDB O & M personnel in day to day operation and maintenance as well as provide technology transfer. The LTSA provider has to provide all the spares and service needed for maintenance requirement during the LTSA period and will engage required manpower in addition to the above stated personnel.

　　LTSA provider will be responsible for all preventive, scheduled & forced maintenance, inspection/ overhauling including supply of all spares & consumables during the LTSA period whether it is listed in the offer or not.

　　LTSA provider personnel shall be responsible for providing instruction and guidance to BPDB personnel in the operation and maintenance of the equipment. During LTSA period, it shall also be the responsibility of the LTSA provider to train up (by on job training) BPDB personnel adequately and properly in a planned manner so that they can take over the responsibility of operation and inspection/ maintenance of the plant and equipment independently. As a part of on job training, BPDB personnel shall have to be engaged in the schedule/ unscheduled maintenance of the equipment so that they could get a clear idea about inspection/ maintenance of the equipment.

　　As mentioned below, LTSA provider will provide overseas training to BPDB personnel and they (BPDB personnel) will witness manufacturing process and tests of the materials and spares (to be supplied under LTSA) at manufacturers' works:

　　Before shipment of yearly materials/ spares: 03 person/ year, 30 person-days/ year (each person 10 days excluding travel time).

　　15(fifteen) round trip air fares (in 05 years) from Dhaka, Bangladesh to the Manufacturer's factory, meals, lodging costs transport expenses of the BPDB personnel during the period of training including incidental expenses or medical expenses or Medical Insurance from time to time will be covered by the LTSA provider. In addition, pocket expenses will be US dollar 100 per day per person.