aritra final report declaration

1

NATIONAL INSTITUTE OF CONSTRUCTION MANAGEMENT AND RESEARCH

SUMMER TRAINING REPORT

1. The Name of the Company:

Hindustan Construction Company_________

2. Name of the Project (if Applicable): Munirka Elevated Corridor Project______

Place of Work: _Vasant Kunj (New Delhi)_____

3. Department (if allocated): _______Contracts__________

4. Name of Student: ___Aritra Dhua______

5. Reg. No. __AP14005_ Batch No. 28th Batch

6. Mailing Address:

Company Personal

Hincon House Bungalow - 1

11th Floor Vijaya Gardens

LalBahadurShastriMarg Baridih

Vikhroli (West) Jamshedpur

Mumbai – 4000 083 Pin: 831 017

Phone No._____________ Phone No.9766735101

Email id ________________ Email id [email protected]

2

Contents

CHAPTER 1 .................................................................................................................... 5

1. Company Profile ....................................................................................................... 5

CHAPTER 2 .................................................................................................................... 8

2. Basic Information about the Project ....................................................................... 8

3. Location Plan .................................................................................................. 11 4. Layout Plan of RTR Flyover .............................................................................. 12 5. Layout Plan of Inner Ring Road Underpass ...................................................... 13 6. Elevation Plan of Skywalk................................................................................ 14 7. Site Photographs............................................................................................. 15 8. Settlement of Dispute and Arbitration ............................................................ 17 9. Completion Certificate Criteria ........................................................................ 18 CHAPTER 3............................................................................................................ 19 10. Contract Appreciation Document ................................................................... 19 11. Newspaper Clipping ....................................................................................... 83 12. Conclusion ..................................................................................................... 84

3

DECLARATION

I declare that the summer training report is the bonafide work carried out by Mr. Aritra Dhua,

under the guidance of Mr.Kiran Galande (Manager – Planning and Control). Further I declare

that this has not been previously formed the basis of award of any degree, summer internship,

associate-ship or other similar degrees or diplomas or summer internships, and has not been

submitted anywhere else.

Date: 13/06/2015 Aritra Dhua

Roll No. AP14005

PGP ACM-28

NICMAR-Pune

Guided By

Kiran Galande

Manager – Planning

MECP, New Delhi

Hindustan Construction Company

4

ACKNOWLEDGEMENT

I take the opportunity of submitting this dissertation to express my deep regards towards

those who have offered their invaluable assistance and guidance in the hour of need. It is

indeed with great pleasure and pride that I put forth my acknowledgement to people who

have been instrumental in the successful completion of my summer training at MECP, HCC

Ltd.

I am very thankful to our Dean PGP NICMAR Dr. Anil Agarwal, Head – ACM Pune Prof. Smitha Yadav and our Head Placements, Pune Dr. V. Lele for facilitating me to join

HCC Ltd. as an intern, where I got not only valuable experience during my training period

but also it will really helpful to enhance my knowledge for future career growth.

I sincerely acknowledge with deep sense of gratitude and show inductance to Mr. Verender Singh (PM). I specially thank Mr. Kiran Galande (Manager-Planning and

Control) and Mr. Raj Lanka (Manager – Contracts) for guiding and explaining various

works of Contracts department in this prestigious project of the esteemed company.

I am also grateful to other staff and site engineers for their invaluable guidance and helping

me with their expertise.

5

CHAPTER 1

1. COMPANY PROFILE

1.1. Introduction As a pre-eminent Indian infrastructure company, established over eight decades ago, HCC

has, over the years, strongly anchored itself to India's development effort. Today it is

acknowledged as a company that continues to empower India, enabling the nation to surge

ahead in different core sectors. At the heart of all its development efforts is the attempt to

touch and improve the quality of life of people across the length and breadth of the country.

In fact, HCC, as an industry leader in engineering construction, currently nurtures projects

that span across such diverse segments as transportation, power, marine projects, oil and gas

pipeline constructions, irrigation and water supply, utilities and urban infrastructure, all of

which impact the nation and the progress of its people. HCC is bringing to bear its wealth of

engineering and construction expertise to develop infrastructure aimed at further propelling

the nation forward, into the 21st century and beyond.

HCC has remained at the forefront of India's engineering construction industry with global

management practices, which include acquiring international ISO certifications for

management systems in Quality, Occupational Health & Safety and Environment. In fact,

Environment Management is a key focus area for the Company and it is implementing

various initiatives through the government recognized Centre for Research and Development

and Innovation (CRDI), such as use of fly ash in concrete that helps reduce carbon emissions

and innovative techniques in pipeline joint testing.

Having established robust Corporate Governance norms, the Company has also set global

benchmarks in the construction industry with the fastest implementation of SAP-ERP

coupled with high levels of complexity across 28 diverse project locations. The complex

implementation of ERP at HCC's hydroelectric projects under construction at altitudes of

more than 11,000 feet in Leh, Jammu and Kashmir, remains the highest location of SAP-ERP

operations in the world.

HCC is dedicated to sustainable development. Every project and endeavour that they

undertake adheres to stringent corporate stewardship standards, ensuring that everything that

they do has a positive impact on the environment and the world around them.

6

HCC is specialized in large-scale civil constructions by leveraging new age construction

technologies. For over eight decades, HCC has been a part of prestigious projects across a

multitude of verticals, creating everything from roads and bridges to dams and barrages,

nuclear power generators and tunnels and metros. HCC has introduced many new

construction innovations in India such as concrete cooling methods, which are greatly

benefiting the industry.

The Company strongly believes in corporate stewardship. The Corporate Social

Responsibility (CSR) team works closely with key communities in which the Company

operates, undertaking initiatives that support and strengthen the communities in the areas of

HIV/AIDS, Disaster Response, Education and Water. HCC is the only Indian signatory

member of the United Nations' CEO Water Mandate which involves water management

projects at grass root levels.

1.2. HCC Group As a group, HCC is growing at a phenomenal rate, creating value for the nation with

innovation and technology, across sectors. The results are there for all to see, in almost every

corner of the country. Their efforts continue to bring a smile on the face of Indians across the

land, whether they are farmers, executives, housewives or even children attending school.

The HCC Group today comprises of HCC, HCC Infrastructure, HCC Real Estate and Lavasa

Corporation all working in tandem to improve the life of every Indian.

The Group has gained a reputation for specializing in technically complex, new-age

construction in infrastructure projects, as well as EPC, BOT, Integrated projects.

HCC group comprises of following subsidiaries

HCC (Engineering & Construction)

HCC Infrastructure Ltd.

HCC Real Estate Ltd. (HREL)

LAVASA Corporation

HCC Concession

7

Following are the major Business Units at HCC Hydro Business Unit

Nuclear Power and Special Projects Unit

EPC Business Unit

Water Solution Business Unit

Transportation & Marine Business Unit

1.3 About Transportation Unit HCC has built some of the most remarkable transportation projects in India. Whether it was

India's first sea link or the redevelopment of the historic Mughal Road, HCC’s technical

knowledge and project management experience has guaranteed the successful execution of

futuristic and technologically advanced construction methodologies.

The company believes that effective project planning and coordination expertise ensures

smooth implementation. Over the last five decades, HCC have delivered some of the best

mass rapid transport systems, bridges and highways. With their legacy and knowledge

backing them, HCC has won and executed a number of projects awarded under the

prestigious National Highways Development Program. These projects have significantly

contributed to the country's development by enhancing connectivity of people and the flow of

trade nationwide.

8

CHAPTER 2

2. BASIC INFORMATION ABOUT THE PROJECT 2.1. General Description of the Project HCC has been awarded Rs 278-crore contract by the Public Works Department (PWD) of

New Delhi. The PWD contract involve building a flyover parallel to the existing single-

carriageway on Rao Tula Ram Marg, a key south Delhi link to the airport, along with

construction of an underpass at Benito Juarez Marg and a skywalk. This improvement is

expected to decongest the stretch from IIT to the New Delhi airport. The new three-lane

flyover will commence from the existing Munirka flyover and run parallel to the RTR flyover

before descending near Niryat Bhawan. The length of the flyover will be 2.3 km.

As per Delhi MPD 2021 goals, movement on Outer Ring Road is to be made smooth and

signal free to the extent possible. This project pertains to construction of the following to

decongest the Corridor improvement of Outer Ring Road from IIT to NH-8 & its influence

areas:

Construction of

(1) Flyover on portal Structure Linking Existing Munirka Flyover in the East to the point

beyond Army RR Hospital in the West on the Outer Ring Road and

(2) Underpass at junction of BJ Marg and Inner Ring Road.

The scope of work includes:

Construction of one parallel Flyover of Composite Steel-Concrete Structure with “U”

Shaped Steel Plate-Girders and Cast-in-Situ RCC deck Slab

Construction of Underpass of Box shaped structure

Construction of Skywalk in steel structure approx. 710 m long and 4 m wide with

descent/approach arms & tensile fabric roofing and structures to support lifts on both

sides of the road.

Road widening has to be provided on both sides with flexible pavement.

Construction of RCC drains under footpaths.

Construction of 2.00m wide footpath with CC paver blocks finish.

Electrification on portal flyover, the underpass, skywalk, ramps and at-grade corridor.

Signage boards.

The outer pre-cast surface of the crash barrier and reinforced earth wall will have

texture finish with the use of form liner. The project is to be completed in 24 months.

9

2.2 Basic Details of the Project

Client M/s Central Public Works Department (M/s CPWD)

Package Name Munirka Elevated Corridor Project (MECP)

Project

General

Description

The scope of work includes Corridor improvement of Outer Ring Road

From IIT to NH-8 & its influence areas: Construction of

(1) Flyover on portal Structure Linking Existing Munirka Flyover In

the East to the point beyond Army RR Hospital in the West on the

Outer Ring Road and

(2) Underpass at junction of BJ Marg and Inner Ring Road. SH:- C/o

Elevated road, Underpass, Ramps, Skywalk, RCC drain, Footpath,

Cycle track, widening/straightening of road, rain water harvesting

scheme, electrical works and other allied works.

Tender No.

04/CE/F-1/PWD/GNCTD/2014-15

Commencement

of Work 27th

November 2014

Letter of

Acceptance 54(42)/EE/F-112/PWD/2014-15/415, DATED 05-11-2014

Completion 24 Months (Completion Date: 26th November 2016)

Time

Estimated cost Rs. 275.782 Crores

by Client

Work Order Rs. 278.078 Crores (Contract value is 2.05% above the Estimated cost

value

Rs. 272,48,17,047/-)

10

Earnest Money Rs. 5,51,56,400/-

Date for

Submission of

15.09.2014 (Final submission specified vide letter)

Bid

Contract Type Item Rate Contract

Contract Form CPWD Model Conditions

Time limit of Within 15 days of issuance of Work Order

PBG

Defect liability

Period 12 months (From 27.11.2016 to 26.11.2017)

Security

Deposits

2.5% of the Tendered cost will be deducted from running bill @ 2.5% of gross amount of bill separately from bills of Civil work & Electrical work.

11

Location Plan

13

Plan of Inner Ring Road

Underpass

19

CONTRACT APPRECIATION DOCUMENT

Post Award Review

PROJECT:

Corridor improvement o Outer Ring Road From IIT to NH-8 & its

influence areas: Construction of

(1) Flyover on portal Structure Linking Existing Munirka Flyover

In the East to the point beyond Army RR Hospital in the West

on the Outer Ring Road and

(2) Underpass at junction of BJ Marg and Inner Ring Road.

SH:- C/o Elevated road, Underpass, Ramps, Skywalk, RCC

drain, Footpath, Cycle track, widening/straightening of road,

rain water harvesting scheme, electrical works and other allied

works.

CONTRACT AGREEMENT NO.: Agreement No: 04/EE/F-112/PWD/2014-15executed on

05.11.2014

CLIENT:

Public Works Department, Flyover Project Division, F-112

Rao Tula Marg

Opp: KendriyaVidyalaya

CONTRACTOR:

Hindustan Construction Company Ltd.

Hincon House, LBS Marg, Vikhroli (West),

Mumbai, Maharashtra 400 083

CONTRACT TYPE:

Item Rate Contract

CONTRACT FORM: CPWD Model Conditions

CONTRACTS PROJECT I.D. NO.: 083

20


Post-Award Review

Corridor improvement of Outer Ring Road from IIT to NH-8 & its influence areas: Construction of

(1) Flyover on portal Structure Linking Existing Munirka Flyover in the East to the point beyond Army

RR Hospital in the West on the Outer Ring Road and

(2) Underpass at junction of BJ Marg and Inner Ring Road. SH:- C/o Elevated road, Underpass,

Ramps, Skywalk, RCC drain, Footpath, Cycle track, widening/straightening of road, rain water

harvesting scheme, electrical works and other allied works.

LIST OF CONTENTS:

Sr. Description Pg.

No

1 Cover

2 List of content 21

3 Narrative of overall description of Project / observations. 22

4 Abbreviations 23

5 List of Project KEY / Salient Contract Stipulations 24

6 Schedule No. 1

Requirements / Salient points & „Time Bound‟ stipulations to be

complied with prior to Project commencement / to enable

Commencement.

31

7 Schedule No. 2 Commencement of Work 34

8 Schedule No. 3 QHSE requirements 35

9 Schedule No. 4 Payment & recoveries 36

10 Schedule No. 5 Site handing over 38

11 Schedule No. 6 Drawings & Specifications 39

12 Schedule No. 7 Variation 40

21

13 Schedule No. 8 Extension of Time 42

14 Schedule No. 9 Taxes & Levies 44

15 Schedule No. 10 Insurances 45

16 Schedule No. 11 Claim Procedure & Dispute Resolution 46

17 Schedule No. 12 Defect liability Period and Completion certificate 48

18 Schedule No. 13 Final Bill 50

19 Schedule No. 14 Force Majeure/ Subsequent Legislation 51

20 Schedule No. 15 Suspension/Termination/Foreclosure/Cancellation 52

21 Schedule No. 16 Documentation of Progress of Work 58

22 Schedule No. 17 Materials/ Plant & Machinery 60

23 Schedule No. 18 Advances 62

24 Schedule No. 19 Price variation/ Escalation 65

25 Schedule No. 20 Damages & Incentives provided in the Contract 70

26 Schedule No. 21 Contractor‟s/Contractor‟s Obligations or Compliances 72

27 Schedule No. 22 Miscellaneous Clauses 75

28 Schedule No. 23 Levy of Compensation 77

22


Post-Award Review


(1) Flyover on portal Structure Linking Existing Munirka Flyover in the East to the point beyond Army RR Hospital in the West on the Outer Ring Road

and

(2) Underpass at junction of BJ Marg and Inner Ring Road. SH:- C/o Elevated road, Underpass, Ramps, Skywalk, RCC drain, Footpath, Cycle track,

widening/straightening of road, rain water harvesting scheme, electrical works and other allied works.

NARRATIVE / GENERAL

OBSERVATIONS OF CONTRACT DOCUMENT REVIEW:

The Contract is based on the General Conditions of Contract by Central Public Works Department. It is an Item Rate Contract with Special Conditions;

along with specification for Road and Bridge Works (Fourth Edition) M.O.R.T.H. and as per approved drawings and latest BSR Schedules/CPWD

Specifications.

GENERAL DESCRIPTION OF THE PROJECT

The works include Corridor improvement of Outer Ring Road from IIT to NH-8 & its influence areas: Construction of


and



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.CONTRACT APPRECIATION DOCUMENT

Post-Award Review

ABBREVIATIONS

GCC : General Conditions of Contracts

MOSRTH : Ministry of Shipping, Road Transport&Highways

CPWD : Central Public Works Department

WBM : Water Bound Macadam

WMM : Wet Mix Macadam

CA : Contract Agreement

CD : Contract Document

PG : Performance Guarantee

SCC : Special Conditions of Contract

LOA : Letter of Acceptance

BoQ : Bill of Quantities

FOT : Form of Tender

NIT : Notice Inviting Tender

EIC : Engineer In Charge

NICMAR Pune

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Post-Award Review



and



1. List of Key Salient Points Volume, Clause,

& Page No.

2. Employer

Public Works Department Flyover Project Division F-112, Rao Tula Marg

Opp: Kendriya Vidyalaya, New Delhi - 110021

Schedule F, GCC

(p 51)

3. Engineer In Charge Executive Engineer, Flyover Project Division F-112,PWD, Delhi or Successor thereof Schedule F, GCC

(p 51)

4. Contract Agreement Agreement No: 04/EE/F-112/PWD/2014-15 executed on 05.11.2014 Agreement deed(p

852)

5. Contract Price INR 278,07,80,954 (Based on the estimated quantities) LOA (p 852)

6. Currency Of Payments Indian Rupees (INR)

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7. Commencement Of Work 27thNovember 2014

PWD Letter No

54(42)/EE/F-

112/PWD/2014-

15/415 (p 852)

read with

Construction

programme, Sch F

(p 52)

8. Security Deposit

I. 2.5% of the gross amount of monthly RA Bills shall be deducted as Security Deposit

till 2.5% of Tendered value is reached.

II. Accumulated SD can be releasedagainst BG, min of Rs.5 lakh.

III. PBG initially valid up to the stipulated date of completion plus 60 days beyond that.

IV. If no complaint is pending, on record till after till after 3 months after completion of the

work and/or no communication is received from the Labour Officer to this effect till six

months after the date of completion, it will be deemed to have received the clearance

certificate and the Security Deposit will be released if otherwise due.

V. 5% PBG along with 2.5% SD will form 4.5%

Clause 1A (p 497),

45 (p 587),

Amendment Office

Memorandum No:

DG/CON/272 dt.

21.08.2013 (p 706)

of GCC

9. Defect Liability Period 12 (Twelve) Months Cl. 17 (p 547) of

GCC

10. Operation & Maintenance

Period Not Applicable

11. Time For Completion 24 Months

Agreement Copy (p

852), Schedule F

(p 52)

12.

Deviations/Extent of

Variation (Time)/ Extra

Item Pricing

I. The EIC can alter, omit, add or substitute for the original specifications, drawings,

designs and instructions

II. Omit a part of the works in case of non-availability of the work front or for any other

reasons

Cl.12 (p 537),

Amendment Office

Memorandum No:

DG/CON/272 dt.

21.08.2013 (p

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III. The time for completion of the works shall be extend

1. In the proportion which the additional cost of the altered, additional or substituted

work, bears to the original item Rate Offered value plus.

2. 25% of the time calculated in (1) above

IV. The Contractor within fifteen days of receipt of order or occurrence of the item claim

rates, supported by proper analysis

V. EIC shall within prescribed time limit of the receipt of the claims determine the

ratesthe basis of the market rates.

VI. The Contractor shall be paid accordingly.

VII. In case of contract items, substituted items, contract cum substituted items, which

exceed the limits laid down in Schedule F (30% for Bridge & Road work, 100% for

Foundation & 100% for items in Earthwork or related items), the Contractor may

within fifteen days of receipt of order or occurrence of the excess, claim revision of

the rates, supported by proper analysis.

VIII. EIC shall within prescribed time limit of the receipt of the claims determine the rates

on the basis of the market rates.

IX. The prescribed time limits are as under:

i) If the tendered value of the work is up to 45lac: 30 days

ii) If the tendered value of work is more than 45

and up to Rs. 2.5 Crore: 45 days

iii) If the tendered value of work exceeds Rs.2.5Crore: 50 days

X. The provisions shall apply to the decrease in rates of items for the works in excess

of the limits laid down in Schedule F. The EIC shall within one month and taking into

consideration any reply within 15 days of receipt, revise the rates within 1 month of

the said period of 15 days having regard to market rates.

XI. The Contractor shall send to the EIC once every three months an up to date account

giving complete details of all claims preceding quarter failing which the Contractor

shall be deemed to have waived his right.

709), DG/CON/263

dt. 21.08.2013 (p

688), DG/CON/273

dt. 01.10.2013 (p

712) of GCC,

Schedule F (p 52)

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13. Advance Payment

1) Secured Advance

I. The contractor, on signing an indenture, shall be entitled to be paid up to 90% of the assessed value of any materials which are non-perishable, non-fragile and non-combustible and are in accordance with the contract and which have been brought on the site in connection therewith and are adequately stored and/or protected against damage by weather or other causes but which have not at the time of advance been incorporated in the works.

II. When materials on account of which an advance has been made are incorporatedin the work, the amount of such advance shall be recovered/deducted from the next payment.

III. Such secured advance shall also be payable on other items of perishable nature, fragileand combustible with the approval of the EIC provided the contractorprovides a comprehensive insurance cover for the full cost of such materials.

IV. No secured advance, shall however, be paid on high-risk materials such as ordinary glass,sand, petrol, diesel etc.

2) Mobilization Advance

Not Applicable

3) Advance Against Plant & Machinery

I. An advance for plant, machinery & shuttering may be given if requested by the

contractor in writing within onemonth of bringing such plant and machinery to site.

II. The amount of advance shall be restricted to 5% of the Tender value.

III. In the case of new plant and equipment advance shall be restricted to 90% of the

price of such new plant and equipment.

IV. In the case of second hand and used plants and equipment, advance shall be limited

to 50% of the depreciated value.

CLAUSE 10B (p

521), Amendment

Office

Memorandum No:

DG/CON/256 dt.

11.01.2012 (p

674) of GCC

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V. 75% of such amount of advance shall be paid after the plant & equipment is brought

to site and balance 25% on successfully commissioning

VI. No such advance shall be paid on any plant and equipment of perishable nature and on

any plant and equipment of a value less than Rs. 50,000/-

VII. The mobilization advance and plant and machinery advance bear simple interest at

the rate of 10 per cent per annum.

VIII. Recovery is from the Contractor`s bills commencing after first 10% of the gross value

of the work is executed and paid on pro-rata percentage basis to the gross value of

the work billed beyond 10% in such a way that the entire advance is recovered by

the time 80% of the gross value of the contract is executed and paid, together with

the interest.

14. Liquidated Damage

LD shall be deducted @ 1.5 % per Month of delay in the completion of the Project to be

computed on per day basis

The maximum limit of LD shall be 10% of Tendered Value of work.

Cl. 2 (p 499) of

GCC

15. Incentive for Early

Completion

I. Incentive shall be paid @ 1 % of the tendered value per month computed on

perday basis.

II. The maximum limit of Incentive shall be 5% of the Tendered Value.

III. No Bonus payable if work completed after stipulated date of completion even if

the EOT is granted without levy of compensation.

Cl. 2A (p 501)

Amendment -Office

Memorandum No:

DG/CON/266 dt.

02.05.2013 of

GCC (697),

Schedule F (p 52)

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16.

Rate of Progress

(Milestones)/ LD on delay

in achieving Milestone

Sl. No.

Time Allowed in

months (from date

of start)

Financial Progress

Time allowed (from date of start)

1.

6

25 Crores Work done

Underpass: Road Widening – 1.5Kms, 0.5km Drain on each side of BJ Marg, 20m Base Slab & Retaining Wall

Parallel Flyover (Army R&R Hospital End): Road Widening 1km, 0.50km Drain, 40Piles, 6 Pile Caps, 4 Piers complete, Fab of 1 span Steel U Girder complete and reached site

Parallel Flyover (Munirka End): Road Widening 800m, 40Piles, 6 Pile Caps, 4 Piers complete, Fab of 1 span Steel U Girder complete and reached site

2.

11

80 Crores Work done

Underpass: Road Widening & Total Drains on each side of BJ Marg complete, Underpass of 100m Length, Another 100m Base Slab & Retaining Wall. Ramps: 150m Complete

Parallel Flyover: Road Widening & Drains Complete, 240Piles, 50 Pile Caps, 40 Piers, 20 Portal Frames, Fab of 25 spans Steel U Girder complete and reached site. Deck Slab of 15 Spans of flyover, 50% RE Wall panels casting, Crash Barrier panel for 10 Spans Complete

Cl. 5 of GCC

Schedule F –

Annexure: 2 (p 61),

Minutes of Pre-Bid

Meeting: 22.07.14

(p 388)

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I. In event of non-achieving the necessary progress, 1% of the tendered value of work will be withheld for failure of each mile stone.

3.

16

150 Crores Work done

Underpass: Road Widening & Total Drains for BJM & San Martin Marg complete, Underpass on Ring Road complete. Ramps: 400m Complete, Skywalk: 200m Structural Work complete

Parallel Flyover: All Piles, 120 Pile Caps, 80 Piers, 45 Portal Frames, Fab of 60 spans Steel U Girder complete and reached site. Deck Slab of 40 Spans of flyover, RE Wall panels casting & 75% erection complete, Crash Barrier panel for 50 Spans & fixing for 20 Spans Complete.

4.

20

225 Crores Work done

Underpass: Road Widening for BJM & San Martin Marg complete, All Ramps Complete, Skywalk: 500m Structural Work complete

Parallel Flyover: All Pile Caps, 80 Piers, Portal Frames, Fab of all spans Steel U Girder complete and reached site. Deck Slab of 70 Spans of flyover, RE Wall panels casting & 75% erection complete, Crash Barrier panel for 50 Spans & fixing for 30 Spans Complete.

5. 24 Full Full

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Schedule No. 1, Requirements / Salient points to be complied prior to commencement / to enable Commencement

Sr. Clause Page

No. Volume Clause Description Clause Observations / Pertinent Point

1.

Cl. 1 (p 427),

GCC read with

Schedule F

Performance Guarantee

1. PG shall be submitted within 15 days from the date of issue of letter of

acceptance(Read with Schedule F)

2. Maximum allowable Extension with late fee @0.1% per day of PG

amount beyond the period provided above is 7 Days (Read with

Schedule F)

3. PG of 5% of the Contract Price to be submitted

4. Bank Guarantee against PG shall be valid upto60 days beyond

stipulated date of completion. (To be extended with the extension of

time)

5. PWD can encash PG if Contractor fails to:

Validate the PG during extended period

Pay any dues to President of India within 30days of service of

notice.

2.

Cl. 5.1 (p

505)Amendment

-Office

Memorandum

No:

DG/CON/271 (p

704) of GCC,

Construction Programme

1) Contractor to submit the Time and Progress chart for each milestone and get it approved by the Dept as soon as the contract is signed.

2) For works costing more than 20 Crore, Project Management shall be done using Primavera Software.

3) The Contractor shall prepare an integrated programme chart showing all activities with details of manpower, equipment& machinery required for completion within stipulated time and submit to EIC within 10 days of award of Contract.

4) A recovery @ Rs.5000 shall be made on per day basis in case of delay in submission of the programme.

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32

5) The programme must include: a) Descriptive Note explaining sequence of various activities. b) Network (PERT/CPM/Bar Chart). c) Programme for procurement of materials and

machinery/equipment, shuttering schedule. 6) If EIC feels actual progress doesn‟t conform to the approved

programme then contractor must submit revised programme within 7 days a) A recovery @ Rs.5000 shall be made on per day basis in case

of delay in submission of the programme. 7) The Contractor must submit the progress report of previous month

using Primavera with Baseline to EIC on or before 5 th of each month.

8) A recovery @ Rs.5000 shall be made on per day basis in case of delay in submission of the monthly progress report.

3.

Clause 3.25 (p

83)of SCC

Submission of Insurance

Contractor shall provide insurance covers in the joint names of EIC and

Contractor from the start date to end of DLP:

a. Contractor‟s all risk and third party cover.

b. Liability under the workman‟s compensation act 1923, Minimum

wages act 1923, Minimum wages act 1948 & contract labour Act

1970.

c. Accident to staff, Engineers, Supervisors & others who are not

governed by Workman‟s compensation act of the contractor &

department

d. Damage to material, machinery & works due to fire, theft, flood

etc.

If Contractor fails to take such insurance cover, PWD shall voluntarily

take such insurance policies and premium thereof shall be recovered

from the Contractor‟s due or security deposit.

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The contractor shall provide coverage Against:

a) Loss of life or injury involving public, employee of the contractor or that of the department, labour etc.

b) Loss or damages to the finished works / WIP c) Loss or damage to the works or property belonging to public, Govt

bodies, local authorities, utility organizations, contractors, employers or others.

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Schedule No. 2: Commencement of Work

Sr. Clause Page


4. NIT 34 Handing over of Site

Full site of work is available, but because of the necessity of keeping

traffic flowing on both Inner Ring Road & Outer Ring Road, the site for

the work will be made available in parts. Around 90% of site will be made

available at the time of award of work.

Balance 10% (approx) site shall be made available within 12 months

after date of start of work.

There are a few underground services which may require shifting during

construction. If required, PWD will make arrangements for shifting of

these services within six months of request made by the agency.

Necessary hindrance will be allowed only if any service is not shifted

within this period.

5.

LOA dt:

24.11.2014 , Cl

5.1 of Sch F

(p.52)

854 Commencement of

Works 22 days after issue of this letter

6.

LOA dt:

24.11.2014 , Cl

5.1 of Sch F

(p.52)

854 Start Date 22 days after issue of this letter

NICMAR Pune

35

Schedule No. 3: QHSE Requirements

Sr. Clause Page


7. CPWD Safety

Code (P 589)

Safety, Security and

protection of the

Environment.

Please read the entire Clause.

8.

Material

Specifications

6.1.2 (p 113)

Cost of Samples Please read the entire Clause.

9.

Material

Specifications

6.1.2 (p 113)

Costs of Tests Please read the entire Clause.

10.

Material

Specifications

6.1.2 (p 113)

Costs of tests not provided

for Please read the entire Clause.

NICMAR Pune

36

Schedule No. 4: Payment & Recoveries

Sr. Clause Page


Clause 1A (p

427), 45 (p

587),

Amendment

Office

Memorandum

No:

DG/CON/272

dt. 21.08.2013

(p 706) of GCC

Security Deposit

I. 2.5% of the gross amount of monthly RA Bills shall be deducted as

Security Deposit till 2.5% of Tendered value is reached.

II. Accumulated SD can be releasedagainst BG, min of Rs.5 lakh.

III. PBG initially valid up to the stipulated date of completion plus 60

days beyond that.

IV. If no complaint is pending, on record till after till after 3 months after

completion of the work and/or no communication is received from

the Labour Officer to this effect till six months after the date of

completion, it will be deemed to have received the clearance

certificate and the Security Deposit will be released if otherwise

due.

5% PBG along with 2.5% SD will form 4.5%

Cl. 6 (p 507) of

GCC, Schedule

F (p 52)

Measurement of Work done

I. EIC shall ascertain by measurement of items, the value except as

otherwise provided.

II. Measurements shall be taken jointly byEIC or his authorized

representatives and the Contractorfrom time to time and signed

and dated by EIC and Contractor or their representatives.

III. If the contractor or his rep is not available and the work of

recording measurements is suspended by the EIC or his rep, the

EIC & Dept will not entertain any claim for any loss of damage by

the contractor.

IV. If the Contractor or his rep is not present after getting a notice 3

days In advance or fails to countersign or record objection within a

week from the date of the measurement, then such

NICMAR Pune

37

measurements recorded in his absence by the EIC or his rep shall

be deemed to be accepted by the contractor.

V. Contractor shall give not less than 7 days to EIC to measurethe

works before going the same is covered and placed beyond the

reach of measurement.

Cl. 18A (p 549) Recovery of Compensation

paid to Workman

Govt. shall recover from the Contractor the amount so paid to the

Workman as per Section 2 of the Workman Compensation Act 1923.


Cl. 18B (p 551) Ensuring payment and

amenities to Workers if

Contractor fails

If the Contractor fails to pay wages to the workman employed, provide

welfare and health amenities as per the Act, then Govt. shall recover such

amounts from the Security Deposit or from any sum due to Contractor.


Clause 1A (p

427), 45 (p

587),

Amendment

Office

Memorandum

No:

DG/CON/272

dt. 21.08.2013

(p 706) of GCC

Release of Security

Deposit

If no complaint is pending, on record till after till after 3 months after

completion of the work and/or no communication is received from the

Labour Officer to this effect till six months after the date of completion,

it will be deemed to have received the clearance certificate and the

Security Deposit will be released if otherwise due.

NICMAR Pune

38

Schedule No. 5: Site Handing Over

Sr. Clause Page


Site

Conditions

5.2 (p 109)

Utility shifting

Contractor shall be responsible for identifying existing services by

coordinating with local authorities or making trial pits for shifting of

Telephone lines/ cables of MTNL, Power Cables of

NDPL/BSES/NDMC, sewer & water supply lines of

DJB/MCD/NDMC,transmission lines of Delhi Transco Ltd/ BSES,

gas lines of GAIL & IGL, Bus Q-shelters of DTC etc. PWD will take

necessary steps to relocate these services in consultation with the

concerned departments.

No claim for payment/any damages on account of any hindrances

due to relocation of services shall be entertained.

If any delay occurs on this account, then PWD will consider the

case for suitable extension of time for the actual delay.

NICMAR Pune

39

Schedule No. 6: Drawings and Specifications

Sr. Clause Page


Cl. 4.1.2 of

General Scope

of Work (p

106), Cl. 3.34 of

SCC (p 88)

Specifications, drawings,

orders etc

Contractor shall conform exactly to the design & drawings finalized by

PWD. For some items like Reinforced Earth Wall, Bearings, Expansion

Joints and Temporary Works etc, the contractor shall submit

design/drawing of specialized Contractor for approval & acceptance by

PWD before execution.

(Please read the entire Clause).

Tender drawings are indicative. Contractor shall work as per the GFC

drawings issued at site and nothing extra shall be paid on this account.

Cl. 28 of GCC

(p 567) Action where no

specifications are specified

In case of works/items where no specification have been referred,

Contractor shall carry out the works as per:

1. Bureau of Indian Standards

In case there are no specifications in BIS, works should be carried out as

per:

a. Manufacturer‟s specifications.

b. District Specificationsor

c. As per the instructions and requirements of EIC

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40

Schedule No. 7: Variations/Deviations

Sr. Clause Page

No.

Volu

me Clause Description Clause Observations / Pertinent Point

Cl. 12 (p 537),

Amendment Office

Memorandum No:

DG/CON/263 dt.

20.12.2013 (p 688)

of GCC

Deviation/Variation Extent

and Pricing

The EIC can,

Alter, omit, add or make substitutions to the original

specifications, drawings, designs and instructions during the

Project execution.

Omit a part of the works in case of non-availability of the work

front (EIC to convey the same in writing)

The time for completion of the works shall be extended as

Pro rata of the additional cost to the original Tendered value plus.

25% of the time calculated above or such further additional time

as maybe considered reasonable by the EIC.

Cl. 12.2 (p 537)

Amendment Office

Memorandum No:

DG/CON/272 dt.

21.08.2013 (P 709)

of GCC

Deviation, Extra Items and

Pricing

In case of extra items;

Contractor shall claim rates for the occurrence of such extra item

within 15 days of receipt of such order, supported with rate

analysis.

EIC after approval from Competent Authority shall within

prescribed time limit determine the rate based on the market

rates.

Cl. 12.2 (p 539),

Amendment Office

Memorandum No:

DG/CON/272 (p

709), 263 (p 689),

Deviation, Substituted

Items, pricing

If the market rate of the substituted item is higher than the market

rate of the agreement item being substituted, then the rate

payable to the Contractor for the substituted item shall be the rate

for the agreement item (to be substituted) so increased to the

extent of the difference between the market rates of substituted

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41

273 (p 714) of GCC item and the agreement item (to be substituted).

If the market rate of the substituted item is lower than the market

rate of the agreement item being substituted, then the rate

payable to the Contractor for the substituted item shall be the rate

for the agreement item (to be substituted) so decreased to the

extent of the difference between the market rates of substituted

item and the agreement item (to be substituted).

Cl. 12.2 (p 539)

Amendment Office

Memorandum No:

DG/CON/272, (p

709), 263 (p 689),

273 (p 714) of GCC

Deviation, Deviated

Quantities, pricing

In case of contract items, substituted items which exceed the

limits laid down in Schedule F, then Contractor shall within 15

days of receipt of such orders or occurrence of the excess, claim

revision of rates with proper supported documents. If the rates so

derived are higher that the contract rate, the EIC within 1 month

after receiving such claims supported by analysis, shall determine

the rates based on the market rates.

Cl. 12.3A (p 539)

Amendment Office

Memorandum No:

DG/CON/272, (p

709), 263 (p 689),

273 (p 714) of GCC

EIC may also decrease such rates of the exceeded item after

notifying the Contractor within 1 month of such occurrence and

after considering the reply from Contractor in this regard

(Contractor to reply within 15 days).

Cl. 12.4 of GCC (p

539)

Once every 3 months, Contractor shall give the EIC an up-to-

date statement showing all claims for additional payments and all

additional work ordered by the EIC (after approval from the

Competent Authority) and which has been executed during the

preceding quarter.

Contractor is deemed to waive off its rights to claim such

payments if it fails to furnish such report once in 3 months.

Superintending Engineer is authorized to consider such cases

based on merits of the claim.

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42

Schedule No. 8: Extension of Time

Sr. Clause Page


Cl. 5 (p

505),

Amendme

nt Office

Memorand

um No:

DG/CON/2

71 (p 704),

272 (p

707) of

GCC,

Schedule

F (p 52)

Time and Extension for delay

I. Contractor shall commence the works from such day as mentioned

in Schedule F or from the date of handing over of the site

whichever is later

II. Contractor to submit the Time and Progress chart for each milestone and get it approved by the Dept as soon as the contract is signed.

III. For works costing more than 20 Crore, Project Management shall be done using Primavera Software.

IV. The Contractor shall prepare an integrated programme chart showing all activities with details of manpower, equipment & machinery required for completion within stipulated time and submit to EIC within 10 days of award of Contract

V. A recovery @ Rs.5000 shall be made on per day basis in case of delay in submission of the programme.

VI. The programme must include: a. Descriptive Note explaining sequence of various activities. b. Network (PERT/CPM/Bar Chart). c. Programme for procurement of materials and

machinery/equipment, shuttering schedule. VII. If EIC feels actual progress doesn‟t conform to the approved

programme then contractor must submit revised programme within 7 days

a. A recovery @ Rs.5000 shall be made on per day basis in case of delay in submission of the programme.

VIII. The Contractor must submit the progress report of previous month using Primavera with Baseline to EIC on or before 5 th of each month.

IX. A recovery @ Rs.5000 shall be made on per day basis in case of

NICMAR Pune

43

delay in submission of the monthly progress report.

X. If works are delayed due to:

a) Force majeure, or

b) Abnormally bad weather, or

c) Serious loss or damage by fire, or

d) Civil commotion, local commotion of workmen, strike or

lockout affecting any of the trades employed on the work, or

e) Delay on the part of other contractors engaged by EIC,

f) Non availability of stores, which are the responsibility of

Govt to supply, or

g) Non availability or breakdown of tools and plants supplied

by Govt or,

h) Any other cause which, in the absolute discretion of the EIC

is beyond the Contractor‟s control

I. Request for the rescheduling of Milestones and extension of time,

be made by the Contractor in writing within 14 days of the

happening of such event causing delay in prescribed form.

II. Extension shall be communicated to the Contractor by the EIC in

writing, within 3 months or 4 weeks of the date of receipt of such

request resp.

III. Non application by the Contractor for extension of time/

rescheduling of Milestones shall not be a bar for giving a fair and

reasonable extension/ rescheduling of milestones by the authority

(EOT: Executive Engg, Rescheduling of Milestones: Project

Manager) and this shall be binding on the Contractor.

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44

Schedule No. 9: Taxes & levies

Sr. Clause Page


Cl. 37 of

GCC (p

581)

Levy/Taxes payable by the

Contractor

Contractor shall pay:

a. Sales tax/VAT, BOCW or any other tax or cess wrt this contract

b. Service Tax to be paid by Contractor to the concerned Dept on

demand and reimbursed to him by EIC.

c. Royalty and obtain necessary permits for supply of red bajri, stone,

kankar etc from local authorities

d. Any taxes or cess payable by Govt of India and not by Contractor,

then the amount shall be recovered from the duesof the Contractor.

Cl. 38 of

GCC (p

581)

Conditions for reimbursement

of Levy/Taxes if levied after

receipt of tenders

Contractor shall be reimbursed all taxes applicable after last date of

submission of bid (Including all extensions)

However, Contractor shall keep necessary book of accounts and other

relevant documents for quantification and shall notify EIC within 30 days of

such imposition of taxes in writing with proof.

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45

Schedule No. 10: Insurances

Sr. Clause Page


Cl. 3.25 of

SCC (p

83)

Insurance

Contractor shall provide insurance covers in the joint names of EIC and

Contractor from the start date to end of DLP against:

a) Loss of life or injury involving public, employee of the contractor or that of the department, labour etc.

b) Loss or damages to the finished works / WIP c) Loss or damage to the works or property belonging to public, Govt

bodies, local authorities, utility organizations, contractors, employers or others.

If Contractor fails to take such insurance cover, employer shall voluntarily

take such insurance policies and premium thereof shall be recovered from

the Contractor‟s due or security deposit.

NICMAR Pune

46

Schedule No. 11: Claim Procedures & Dispute Resolution

Sr. Clause Page


Cl. 25 (p 563),

Amendment

Office

Memorandum

No:

DG/CON/255 (p

666) of GCC,

Schedule F (p

55)

Settlement of Dispute and

Arbitration

In case of any dispute related to the contract:

I. If the Contractor is of the opinion that any piece of work to be

considered out of the Contract and the same has been rejected by

EIC then,

II. Contractor within 15 days request Superintending Engineer in

writing for decision. Thereupon, Superintending Engineer shall give

his decision within 1 month from the date of receipt of such request

III. If the decision given by Superintending Engineer is not acceptable

to the Contractor, then the Contractor may within 15 days from the

date of receipt of such written decision appeal to the Chief

Engineer. Chief Engineer shall convey his decision within 30 days

from the date of receipt of such appeal.

IV. If the decision given by Chief Engineer is not acceptable to the

Contractor, then the Contractor may within 15 days from the date of

receipt of such written decision appeal to the Dispute Redressal

Committee (DRC). The DRC shall convey his decision within 90

days from the date of receipt of such appeal.

V. Constitution of the DRC:

a. Chairman

b. Member

c. Member

VI. If the decision given by the DRC is not acceptable to the

Contractor, then the Contractor may within 30 days from the date of

receipt of such written decision give a notice to the Chief Engineer

for appointment of Arbitrator for adjudication failing which the

decision shall be binding and cannot be referred to adjudication by

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47

Arbitrator. Refer Appendix XV for Dispute resolution mechanism.

VII. Arbitrator shall be appointed by the Chief Engineer of CPWD.

VIII. Party invoking Arbitration shall give a list of dispute accompanied

by the amounts claimed along with the notice for appointment of

Arbitrator and giving reference to the rejection by the Chief

Engineer of the appeal.

IX. No person other than the person appointed by the Chief Engg

CPWD or Add. Director General or Director General shall act as an

Arbitrator. If it is not possible then the matter shall not be referred to

Arbitration at all.

X. Also, if the Contractor does not make a demand for appointment of

Arbitrator within 120 days of receiving the intimation from EIC that

the Final bill is ready for payment, the claims shall be deemed to be

waived off by the Contractor.

XI. The arbitration shall be conducted as per Arbitration & Conciliation

Act, 1996 (26 of 1996) or any statutory modifications or re-

enactments thereof.

XII. The Arbitrator shall adjudicate only on such disputes as are

referred to him by appointing authority & give separate reward

against each dispute and claim. If total amount of claims by a party

exceeds 1,00,000/- the arbitrator shall give reasons for the award.

XIII. If any fees are payable to the arbitrator, these shall be paid equally

by both the parties.

XIV. The arbitrator shall be deemed to have entered on the

reference on the date he issues notices to parties to submit

their statements of claims and counter claims. Venue to be

fixed by arbitrator at his sole discretion. The cost of the

reference of the award (including fees of the arbitrator) shall

be in the discretion of the arbitrator who may direct to any by

whom and in what manner, such costs or any part thereof

shall be paid and fix or settle the amount of costs to be paid.

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48

Schedule No. 12: Defect Liability Period/ Completion Certificate

Sr. Clause Page


Cl 17 of GCC Defect Liability Period

12 Months

Cl. 8 (p

513),8A,8B (p

515),

Amendment

Office

Memorandum

No:

DG/CON/272 (p

708) of GCC

Completion Certificate and

Completion Plan

I. Within 10 days of the completion of the work, the Contractor shall give notice to the EIC of such completion.

II. Within 30 days of the receipt of such notice the EIC shall inspect the work.

III. If there are no such defects found in the works, the EIC may issue a final certificate of completion to the Contractor.

IV. Or, a Provisional certificate of physical completion may be issued indicating the defects to be rectified by the Contractor for which payment will be made at reduced rates.

V. Final completion certificate shall not be issued until the contractor shall remove all scaffolding, surplus material, rubbish and all huts and sanitary arrangements reqd for their work people on site and cleaned off the dirt from all wood work, doors, windows, walls, floor or other parts of the building required for execution.

VI. If the contractor shall fail to complyas to removal of scaffolding, surplus materials and rubbish and all huts and sanitary arrangements as aforesaid and cleaning off dirt on or before the date fixed for the completion of work, the Engineer-in-Chargemay at the expense of the contractor remove such scaffolding, surplus materials and rubbish etc., and dispose of the same as he thinks fit and clean off such dirt as aforesaid, and the contractorshall have no claim in respect of scaffolding or surplus materialsas aforesaid except for any sum actuallyrealized by the sale thereof.

VII. The Contractor shall submit completion plan as required vide General Specifications for Electrical Works (Part I internal) 2005 & (Part II External) 1994 within 30 days of the completion of the work.

VIII. If Contractor fails to submit the completion plan before 30 days of

NICMAR Pune

49

completion of the Project, then an amount of 2.5% of value of the work subject to the ceiling of Rs. 15000 shall be recovered.

IX. The Contractor shall submit completion plan for water, sewerage and drainage line plan within thirty days of completion of the work.

X. In case the contractor fails to submit the plan, the dept will get it done through other agency at his cost and actual expenses incurred plus Rs. 15,000/- for the same shall be recovered from the contractor.

NICMAR Pune

50

Schedule No. 13: Final Bill

Sr. Clause Page


Cl. 9 (p 515),

Amendment

Office

Memorandum

No:

DG/CON/272

(p 708), 273

(p 713) of

GCC,

Payment of Final Bill

I. Final bill shall be submitted within three months of physical

completion of the work or within one month of the date of the final

certificate of completion issued by the EIC whichever is earlier.

II. No further claims after submission of final bill shall be entertained.

III. Payments on account of undisputed items and of items in dispute

for quantities and rates as approved by EIC shall be made as far

as possible within the period specified hereunder (Period being

reckoned from the date of receipt of bill by EIC or his authorized

Assistant. Engineer, complete with account of materials issued by

the Dept& dismantled materials.

a. If the Tendered value of work is up to Rs. 45 lac: 2 Months

b. If the Tendered value of work is more than 45 lac and up to

Rs. 2.5 Crore: 3 Months

c. If the Tendered value of work exceeds Rs. 2.5 Crore: 6

Months

IV. In case of delay in payment of final bills after prescribed time

limit, a simple interest @ 7.5%pa shall be paid to the

contractor from the date of expiry of prescribed time limit

which will be compounded on yearly basis, provided the final

bill submitted by the contractor found to be in order.

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51

Schedule No. 14: Force Majeure / Subsequent legislation

Sr. Clause Page


Cl. 7 of

Chapt 11:

GCC (P

333)

Natural Calamity

No payment will be made to the contractor for any damage caused

by theft, rain, snowfall, floods, dampness, fire, sun or any other

natural cause whatsoever during the execution of work.

The damage to the works for these reasons, shall be made good

by the contractor at his own cost and no claim will be entertained.

In case of delay in making good the damage, the same shall be got

done by the Dept. at the risk and cost of the contractor.

The Contractor will be responsible for watch and ward and safety of

electrical installation and materials till the same are handed over to

the maintenance Dept.

Pumping and bailing out water in suitable manner at no extra cost.

Unless otherwise provided in the SOR, it shall be all inclusive of all

heights, depths, leads and lifts.

Cl. 38 of

GCC (p

581)

Conditions for reimbursement

of Levy/Taxes if levied after

receipt of tenders

Contractor shall be reimbursed all taxes applicable after last date of

submission of bid (Including all extensions)

However, Contractor shall keep necessary book of accounts and other

relevant documents for quantification and shall notify EIC within 30 days of

such imposition of taxes in writing with proof.

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52

Schedule No. 15: Suspension/Termination/Foreclosure/Cancellation

Sr. Clause Page


Cl. 3 (p

501),3A (p

505),

Amendment

Office

Memorandum

No:

DG/CON/255

(p 666), 272

(p 707), 273

(p 713) of

GCC

When Contract can be

determined

EICmaydetermine the Contract if:

a. Contractor fails to rectify, reconstruct or replace any defects

notified by EIC in writing within 7 days from the date of such

notice.

b. Contractor suspends the works unreasonably or fails to work with

due diligence and continues to do so even after a notice of 7 days

from EIC.

c. Contractor fails to complete the works within the stipulated date or

items of work with individual date of completion or within the period

as notified by EIC.

d. Contractor persistently neglects to carry out its obligations as per

the terms and fails to take any remedial actions even after being

notified by EIC within 7 days.

e. Contractor offers or gives to any person in Govt. service any gift or

consideration as an inducement or reward for doing or forebearing

to do any relation to obtaining or execution of this or any other

Govt. contract.

f. Contractor enters into a contract with Govt. in connection with

which commission has been paid or agreed to be paid by him

unless disclosed in writing to the EIC.

g. Contractor has secured the contract by wrong tendering or

other non-bonafide methods of competitive tendering or

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53

commits breach of Integrity Agreement.

h. Contractor has been adjudged insolvent or has a receiving

order or order for administration of his estate made against

him or shall take any proceedings for liquidation or

composition under any Insolvency Act.

i. Agency is winded up or appoints any receiver or manager on

behalf of the Creditor.

j. Contractor suffers execution bring levied on his goods and

allows it continue for 21 days.

k. Contractor assigns, transfers, sublets entire works or any

portion thereof without prior written approval of the EIC.

If EICdetermines the Contract based on any of the cases above, then:

a) The EMD, SD and already recovered Performance Guarantee

shall be forfeited.

b) Take balance or part of the un-executed work out of his hands and

give it to another contractor to complete. Contractor shall not be

allowed to participate in the tendering process for the balance

works left unexecuted by the Contractor.

In case the works cannot be started within 1/8th of the stipulated time for

completion or one month whichever is higher, due to no fault of the

contractor, then, either party may close the contract. In that case, PG shall

be refunded within following time limits:

1. If tendered value is up to Rs. 45 lac: 1 Days

2. If tendered value is more than 45 and up to Rs 2.5Cr: 21Days

3. If tendered value exceeds Rs. 2.5 Cr: 30 Days

If PG is not released within prescribed time limit, then a simple interest @

0.25% per month shall be payable on PG amount to the contractor from

the date of expiry of prescribed time limit.

A compensation for such eventuality on account of damages etc. shall be

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54

payable @ 0.25% of tendered amt subject to a max limit of Rs. 10 lacs.

Cl. 4 of GCC

(p 505) Contract liable to pay

compensation even if not

taken under Clause 3

EIC has rights over and above those mentioned in Clause 3 above to

recover any compensation from the Contractor by taking its tools, plants,

materials and stores in custody and even sell them by way of auction.

Any other incidental cost shall be borne by the Contractor.

Cl. 13 of

GCC (p 541),

Amendment

Office

Memorandum

No:

DG/CON/266

(p 697), 272

(p 710)

Foreclosure of Contract due

to Abandonment or

Reduction in Scope of Work.

EIC may decide to abandon or reduce the scope of work at any

time after its acceptance of the item rate offer.

EIC shall notify Contractor in this regard and Contractor shall act

accordingly.

Contractor shall have no right to claim on any account (such as

loss of profit) and Contractor will be paid at contract rate for the

works executed or for items mentioned below which could not be

utilized on the work to the full extent:

i. Expenditure incurred on preliminary site work

ii. Govt. shall take over Contractor‟s materials brought to site

or is legally bound to accept delivery, at rates detailed by

EIC, taking into account purchase price, cost of

transportation and

iii. deterioration or damages caused in the contractor‟s

custody.

iv. Materials supplied by Govt. rendered surplus except

wastage may be returned at rates not exceeding original

issue rates less deterioration or damage caused in the

contractor‟s custody. Cost of transporting from site to Govt

stores shall be paid.

v. Reasonable compensation for transfer of T&P from site to

contractor‟s permanent store or other works whichever is

less only if T&P is transported.

vi. Reasonable compensation for repatriation of contractor‟s

site staff and imported labour.

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55

The reasonable amount of items on (i), (iv), (v) above shall be

within 2% of the cost of work remaining incomplete on date of

closure.

Compensation for damages shall be payable @0.5% of cost of

work incomplete on date of closure.

Cl. 14 of

GCC (p 543) Carrying out part work at risk

& cost of Contractor

If Contractor:

fails to proceed with the works with due diligence even after 7 days

of receipt of such notice from EIC

fails to comply with the terms and conditions of contract and does

not remedy it within 7 days after issue of such notice from EIC

fails to complete the works within time stipulated or as per the

extended time granted by EIC

In such case of cancellation EIC shall,

Take possession of site, materials, plant and machineries etc.

Complete the balance works by deploying other contractor at the

cost and risk of the Contractor.

EIC shall determine the amount recoverable for incomplete work and

execute at the risk & cost of the contractor, liability of contractor for loss or

damage suffered by Govt. shall not exceed 10% of tendered value of work

Credit shall be given to the contractor at same manner & rate as if it

had been carried out by original contractor.

Any excess expenditure incurred by the Govt. in completing the

incomplete work shall be recovered from any due to the contractor,

and if such money is insufficient, the contractor shall be called upon

in writing and shall be liable to pay the same in 30 days.

If the contractor fails to pay the required sum within 30 days, then

EIC shall have the right to sell any or all of contractors‟ unused

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56

materials, constructional plant, implements, temporary bldg at site

etc.

In event of the above course, contractor shall have no claim to

compensation of any loss sustained by him by purchase or

procurement of materials or any advances on any account.

Cl. 15 (p

545), 15A,

Amendment

Office

Memorandum

No:

DG/CON/272

(p 710) of

GCC

Suspensionof Works

Contractor shall suspend the progress of works upon a written order from

EIC in order to avoid injury or damages for the following reasons:

a. Default on part of Contractor

b. Other than default of Contractor

c. For safety of works.

If such suspension is because of reasons (b) & (c), then Contractor shall

be granted equal extension in time PLUS 25% of granted extension in

addition.

If total period of suspension of item has a separate period of completion in

the contract exceeds thirty days, contractor shall be entitled to salaries

and/or wages paid by contractor to his employees &labour at site

remaining idle during suspension period, adding 2% to cover indirect

expenses, provided the contractor submits the claim supported by details

to the EIC within 15 days of the expiry of period of 30 days.

If work is suspended on orders of EIC for more than three months except

(a) above, contractor may serve a written notice on EIC requiring

permission within 15 days of receipt of notice by EIC to proceed with the

suspended work and if such permission is not granted, then he shall give

written notice to EIC within 10 days of expiry of the above 15 days

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57

regarding suspension of work. No claim to payment of any compensation

which he may have derived from execution of the work but could not due

to abandonment. However, contractor shall be entitled to salaries and/or

wages paid by contractor to his employees & labour at site remaining idle

during suspension period, adding 2% to cover indirect expenses, provided

the contractor submits the claim supported by details to the EIC within 15

days of the expiry of period of 30 days.

Contractor shall not be entitled to claim any compensation from Govt. for

the loss suffered due to delay by the Govt. in the supply of materials in

schedule „B‟ where such delay is covered by the difficulties due to supply

of wagons, force majeure or any other reasonable cause beyond control

of the Govt. This clause will not be applicable for works where no material

is stipulated.

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Schedule No. 16: Documentation of Progress of Work

Sr. Clause Page


Cl. 3.16 of

SCC Documentation of Work

Progress

The contractor shall submit 6 (Hard and Soft) Copies of progress report of

work done during the previous month on the 7th day of next month. The

report shall include:

I. Actual quantum of the work done wrt the targets of the previous

month

II. Shortfall and proposal to make up for the shortfall.

III. Target of each item of work proposed to be executed during the

month.

IV. Important material consumed and requirement for next month.

V. Materials at site at the beginning of previous month, procured and

consumed during the month and balance at site at end of the

month.

VI. Manpower and T&P deployed during previous month and

requirement for the coming month.

VII. Updated Completion Programme in MSP or CPM output as

decided by EIC

VIII. Min. 15 coloured photographs in 6 copies (5”x7”) and also in digital

format of the bridge and other works including contractor‟s yard etc.

depicting the progress of work at site during the month

IX. 5 to 10 minutes duration video film (2 copies) which will include

suitable animations/graphs/ digital graphs/ digital maps etc. as

directed by EIC, depicting the methodology, sequence and

progress of work on CD duly edited and with voice commentary

given by Expert Human Voice-over professional.

X. Documentation will include all drawings, machinery and labour

deployed, service details, pre casting/ batching plant yard details,

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59

electrical lighting fixtures and construction schedule etc.

In case of failure in submission of progress report on 7th, a

compensation @ Rs. 10,000/- per day with maximum amt limited to

Rs. 1,00,000/- for single default will be levied.

Cl 3.17: As built drawings and compiled video / photographs after

completion of work to be submitted within one month of date of

completion (Read entire Clause)

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Schedule No. 17: Issuance of Material and Plant & Machinery

Sr. Clause Page


Cl. 10 (p

517) of

GCC,

Schedule

B (p 50)

Materials supplied by

Government

PWD shall not supply any materials

Cl. 10A (p

519) of

GCC, Cl.

3.57 (p

101), of

SCC

Materials to be provided by

Contractor

I. Contractor shall provide all construction materials at his own cost

and as per the specifications stipulated by Govt.

II. EIC shall within 30 days after receipt of samples of materials shall

convey its approval or disapproval in writing.

SCC 3.57: Cement must be from ISO certified company of OPC Grade

43/53 and steel should be Fe 500D from TISCO/SAIL/Rashtriya Ispat

Nigam Ltd/IISCO/JSW/JSPL

All Materials to be arranged by the Contractor

Contractor shall submit samples of all materials to EIC for approval.

Materials used in aesthetics of the works shall be also approved by EIC.

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61

Bulk materials shall be taken up only upon obtaining approval from

EIC/Architecture. Any delay in getting the samples approved shall be

Contractor‟s responsibility.

Cl. 18 of

GCC (p

549)

Contractor to supply tools

and Plants


Cl. 31 of

GCC (p

571), Cl.

5.4 of Site

Conditions

(p 110)

Unfiltered water supply

Contractor to make its own arrangement of water required for construction

works and shall not pay any cost on this account.

1. The water should be fit for construction purpose as per EIC

2. If EIC finds it unsatisfactory, he shall arrange alternative

arrangements a the risk and cost of the contractor

Cl. 5.4 of Site Conditions: Contractor to make their own

arrangements of electricity and water for construction as well as

drinking

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Schedule No. 18: Advances /RA Bills

Sr. Clause Page


Cl. 7 (p 511),

Amendment

Office

Memorandum

No:

DG/CON/272

(p 708), 273

(p 713) of

GCC,

Schedule “F”

(p 52-53)

R. A. Bills

1. Contractor shall submit the monthly bill for the work done in the

preceding month.

2. Gross work to be done together with net payment / adjustment of

advances for material collected, if any, since the last such payment

for being eligible to interim payment is Rs.1000 Lacs.

3. Such payment shall be made within 10 days from the date of

submission of bill by the contractor.

4. In case the Contractor fails to submit the monthly bill for the work

done in the preceding month, then the EIC shall prepare such bill

and no claims whatsoever due to delay of payment or interest shall

be payable.

5. Works outside the headquarters of the EIC the period will be

extended to 15 working days.

6. In case of delay in payment after 45 days of submission of

bill, provided the bill is found to be in order, a simple interest

@ 7.5% p.a. shall be paid from the date of expiry of

prescribed time limit which will be compounded on yearly

basis.

7. All such payments shall be regarded as advance payment as

against the final payment.

Cl. 10B i) of

GCC (p 521) Secured Advance on Non

Perishable materials

I. Contractor on signing an indenture shall be paid 90% of the

assessed value of any materials during the progress of works and

which are brought to site and adequately stored/protected against

weather or other causes but not incorporated in the works as yet.

II. Materials shall be non-perishable, non-fragile and non-

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combustible.

III. When materials for which advance has been paid, is

incorporated in the work, the amount of such advance shall

be recovered/deducted from the next payment.

IV. Such advances shall also be payable on other items of

perishable nature, fragile and combustible with approval of

EIC provided contractor has comprehensive insurance cover

for full cost of materials.

Cl. 10B ii),

Sch F of

GCC (p 53)

Mobilization Advance NA

Cl. 10B iii) -

v) of GCC (P

521)

Plant and Machinery and

Shuttering material Advance

I. 5% of tender value shall be given as plant and machinery advance

if requested by the Contractor within 1 month of bringing such

plant and machinery to site.

II. Such advance shall be granted if EIC feels that the equipment

to be deployed will expedite the construction works.

III. In the case of new plant and equipment advance shall be

restricted to 90% of the price of such new plant and equipment.

IV. In the case of second hand and used plants and equipment,

advance shall be limited to 50% of the depreciated value.

V. 75% of such amount of advance shall be paid after the plant &

equipment is brought to site and balance 25% on successfully

commissioning

VI. Leasing of equipment shall be considered as purchase of

equipment and shall be covered by a tripartite agreement

between:

a) Contractor

b) Leasing company

c) And EIC

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64

VII. In case of advance against leased equipment:

a) EIC should feel the necessity of the equipment

b) Equipment should be maintained properly and in

working condition

c) Should be hypothecated to the Govt.

VIII. The mobilization advance and plant and machinery advance bear

simple interest at the rate of 10 per cent per annum.

IX. Advance with interest shall be recovered from Contractor`s

running account bills starting after first 10% of the gross value of

the work is executed and paid on pro-rata percentage basis of the

gross value of the work billed beyond 10% in such a way that the

entire advance is recovered by the time 80% of the gross value of

the contract is executed and paid

X. Recovery of advance can be extended on a written request from

Contractor and at the discretion of Chief Engineer.

XI. BG shall be renewed till the total sum of advance with interest is

recovered.

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Schedule No. 19: Price variation/Escalation

Sr. Clause Page

No. Volume

Clause

Description Clause Observations / Pertinent Point

Cl. 10CC of

GCC (p 525),

Schedule F (p

53),

Amendment

Office

Memorandum

No:

DG/CON/280

(p 724)

Payment due

to increase /

Decrease in

Prices / Wages

after receipt of

tender

Price adjustment on account of escalation under various heads with respective

percentages are as below:

a) Labour as % of total value of work(Y) – 10%

b) Fuel, Oil & Lubricant expressed as % of total value of work(Z)– 5%

c) Civil component of Other Materials (Xm) – 35%

Formula is:

V = P x Q x Cl –Clo

Clo

Where,

V = Variation in material cost i.e. increase or decrease in the amount of rupees to be

paid or recovered.

P = Base Price of material as issued under authority of DG, CPWD or concerned Zonal

Chief Engineer and as indicated in Schedule “F”

Q = Quantity of material brought at site for bonafide use in the works since previous bill

excluding any such quantity consumed in the deviated quantity of items beyond

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66

deviation limit and extra / substituted item, paid/to be paid at rates derived on the basis

of market rate under clause 12.2

Clo = Price index for cement, steel reinforcement bars structural steel and POL as

issued by the DG, CPWD and corresponding to the time of base price of respective

material indicated in Schedule „F‟. For other items, if any, provided in Schedule „F‟, All

India Wholesale Price Index for the material as published by the Economic Advisor to

Government of India, Ministry of Industry and Commerce and corresponding to the

time of base price of respective material indicated in Schedule „F‟.

Cl = Price index for cement, steel reinforcement bars, structural steel and POL as

issued under the authority of DG, CPWD for period underconsideration. For other

items, if any, provided in Schedule „F‟, AllIndia Wholesale Price Index for the material

for period underconsideration as published by Economic Advisor to Government

ofIndia, Ministry of Industry and Commerce.

Cl. 10CC of

GCC (p 529),

Amendment

Office

Memorandum

No:

DG/CON/280

(p 724)

a. For other materials Component:

Vm = W x Xm x (Ml– Ml0)

100 Ml0

Vm- Variation in material cost i.e. increase or decrease in the amount in rupees to be

paid or recovered.

Ml0 - All India Wholesale Price Index for civil component/electrical component*of

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67

construction material as worked out on the basis of All India WholesalePrice Index for

Individual Commodities/Group Items valid on the laststipulated date of receipt of tender

including extension, if any, as publishedby the Economic Advisor to Govt. of India,

Ministry of Industry & Commerce and applying weightages to the Individual

Commodities/Group items.

Ml- All India Wholesale Price Index for civil component/electrical component*of

construction material as worked out on the basis of All India Wholesale Price Index for

Individual Commodities/ Group Items for the period underconsideration as published

by Economic Advisor to Govt. of India, Ministry of Industry & Commerce and applying

weightages to the Individual Commodities/Group Items. (In respect of the justified

period extended under the provisions of clause 5 of the contract without any action

under clause 2, the index prevailing at the time of updated stipulated date of

completion considering the effect of extra work (extra time to be calculated on pro-rata

basis only as cost of extra work x stipulated period/tendered cost.)

W – Cost of Work done worked out as indicated in sub-para (ii) of Cl 10CC.

Xm =Component of „materials‟ (except cement, structural steel, reinforcementbars POL

and other materials covered under clause10CA) expressed as percent of the total

value of work.

*Note: relevant component only will be applicable.

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68

Amendment

Office

Memorandum

No:

DG/CON/280

(p 726)

b. For POL:

Not Applicable

Cl. 10CC of

GCC (p 533),

Amendment

Office

Memorandum

No:

DG/CON/280

(p 726)

c. For Labour Component:

VL = W x Y x (LI– LI0)

100 LI0

VL : Variation in labour cost i.e. amount of increase or decrease in rupees to be paid or

recovered.

W : Value of work done, worked out as indicated in sub-para (ii).

Y : Component of labour expressed as a percentage of the total value of the

work.

LI : Minimum wage in rupees of an unskilled adult male mazdoor, fixed under any law,

statutory rule or order as applicable on the last date of the quarter previous to the one

under consideration. (In respect of the justified period extended under the provisions of

clause 5 of the contract without any action under clause 2, the minimum wage

NICMAR Pune

69

prevailing on the last date of quarter previous to the quarter pertaining to updated

stipulated date of completion considering the effect of extra work (extra time to be

calculated on pro rata basis only as cost of extra work x stipulated period/tendered

cost.)

Llo : Minimum daily wage in rupees of an unskilled adult male mazdoor, fixed under

any law, statutory rule or order as on the last stipulateddate of receipt of tender

including extension, if any.

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70

Schedule No. 20: Damages & Incentives provided in Contract

Sr. Clause Page


Cl. 2 (P 499),

Schedule F

(Electrical Works

Vol- III) (P 301),

Compensation for

Delay(Liquidated

Damage)/ LD on delay in

achieving Milestone

LD shall be deducted @ 1.5 % per Month of delay in completion of

Project to be computed on per day basis. The maximum limit of LD shall

be 10% of the Tendered Value.

I. In event of non-achieving the necessary progress, 1% of the tendered value shall be withheld for failure of each mile stone.

II. In case the next milestone is achieved, the amount withheld for previous milestone can be released. However, if levy of compensation is imposed the amount so withheld shall be adjustable against compensation to the extent is available as above.

Sl. No.

Financial Progress Time allowed

(from date of start)

1. 1/8TH (of whole work) 1/4TH (of whole work)



4. Full Full

Cl. 2A of GCC

(P 501),

Amendment

Office

Memorandum

No:DG/CON/266

(p 697),

Schedule F (P

52)

Incentive for early

completion

A bonus @ 1% of the TenderedValue per month computed on per day

basis shall be paid to the Contractor, subject to a maximum limit of 5% of

the agreement value. Incentive if payable shall be paid along with the

final bill.

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71

Cl. 16 of GCC (P

547) , Schedule

F (P 54)

Action in case work not

done as per

Specifications


Cl. 17 of GCC (P

547) Contractor liable for

damages and defects

Contractor shall make good all the defects in the works till completion of

the defect liability period. In case Contractor fails to do so, EIC shall get

the work corrected by other Contractor and cost for the same shall be

deducted from any dues payable to the Contractor.

The Security Deposit of the Contractor shall not be refunded before the

expiry of DLP, after the issue of the certificate final or otherwise, of

completion of works, or till the final bill has been prepared and passed

whichever is later.

In case of O & M works of Electrical and Mechanical services, SD shall be

refunded within 1 month from the date of:

a. Final payment or,

b. Completion of the maintenance contract

Whichever is earlier.

Cl. 22 of GCC (P

563)

Compensation

All sums payable by way of compensation, shall be considered as

reasonable compensation to be applied to the use of Govt without

reference to the actual loss or damage sustained and whether or not any

damage shall have been sustained.

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Schedule No. 21: Contractor’s/Contractor’s Compliances

Sr. Clause Page


Cl. 19 of

GCC (P 551) Labour Laws to be complied

by Contractor

The Contractor shall abide by the rules as per:

a. Contract Labour (Regulation and Abolition) Act 1970

b. Contract Labour (Regulation and Abolition) Central Rules 1971

c. Child Labour (Prohibition and Regulation) Act 1986

d. Building and Construction workers (regulation of Employment &

Conditions of Service) Act 1996

e. Construction Workers welfare Cess Act, 1996

Cl. 19B of

GCC (P 551)

Payment of Wages Please read the entire Clause.

Cl. 19C of

GCC (P 553)

Contractor to provide safety provisions as per the safety code framed at

his own expenses. If failed, penalty of Rs. 200/- for each default will be

imposed and EIC shall make arrangements & provide facilities and

recover the costs incurred on behalf of the contractor.

Cl. 20 of

GCC (P 561)

Minimum wages Act

Contractor shall comply with all the provisions of Minimum wages Act,

1948and Contract Labour (Regulation & Abolition) Act, 1970, amended

from time to time and rules framed thereunder and other labour laws

affecting contract labour brought into force from time to time.

Cl. 21 of

GCC (P 563) Work not to be sublet. Action

in case of Insolvency

Contractor shall not sublet any part of works without written approval of

the EIC. In case Contractor sublets any part of work without notifying EIC

or is declared insolvent or bribed Govt officials, then EIC shall take

recourse of Clause 3 above (Termination).

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73

Cl. 24 of

GCC (P 563)

Approval of EIC

All works to be executed under the direction and subject to approval in all

respect of EIC.

Cl. 3.35.1 of

SCC (P 89) Facilities to be provided to

PWD by Contractor


Cl. 2.21.2 of

Additional

Conditions (P

67)

Minimum Plant and

Machinery requirement

Minimum requirement of equipment

1. Porclain (excavator) 60cum/hr – 4 nos

2. Dozer 160hp – 2 nos

3. Motor Graders –2 nos

4. Concrete Batching Plant 30cum/hr –2 nos

5. Vibratory Rollers (Front Drum- 8-10T) –3 nos

6. Integrated Piling Rig (Hydraulic Op

Rotary type for broad cast-in-situ piles –4 nos

7. Concrete Pumps (1 stationery &

1 Boom Placer – 30Cum/hr) –2 nos

8. Transit Mixers (6 Cum) –3 nos

9. Tippers/dumpers –12 nos

10. Direct Mud Circulation Rigs for Piling -2nos

11. JCB -4nos

12. Cranes 100T -2nos




16. Trailer 80T -1no

17. Dewatering Pumps(15&20hp) -4nos

18. Water Tanker with Sprinkler(5000L) -4nos

19. Bar bending & cutting m/c -6nos

20. Core cutting m/c -1no

21. Welding m/c -6nos

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74

22. Grader -3nos

23. Hydra -3nos

Cl. 36 (i) (P

579),

Amendment

Office

Memorandum

No:

DG/CON/265

(p 693), Sch

F of GCC (P

56)

Minimum Technical Staff and

employees to be deployed

Key personnel‟s

1. Project manager- 1 no (Graduate Engg)

2. Deputy Project manager – 2 no (Graduate Engg)

3. Project/ Site Engg- 2 no (Graduate Engg)

4. Project/ Site Engg- 2 no (Diploma Engg)

5. Struct Design Coordinator- 1 no (Graduate Engg)

6. Project Planning/ Billing Engg- 2 no (Graduate Engg)

7. Quality Engineer- 2 no (Graduate Engg)

8. Surveyor- 2 no. (Min Diploma Engg)

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Schedule No. 22: Miscellaneous Clauses

Sr. Clause Page


Cl 2.12 (P 65),

2.10 (P 65), 2.11

(P 65)of Add

Cond. &Cl 3.4 0.2

(P 92) of SCC

Price inclusions

Cl. 2.12 of Add Conditions: Rates for the items are inclusive of all

labour, materials, T&P, incidental charges, octroi, taxes, contractors

profit and overheads etc. unless, otherwise, specified.

Cl. 2.10 of Add Conditions: Unless otherwise specified in the schedule

of quantities, the rates tendered by the contractor shall be all inclusive

and shall apply to all lifts & all heights, leads and depths and nothing

extra shall be payable on this account.

Cl. 2.11 of Add Conditions, 3.28 of SCC: Unless otherwise specified in

the schedule of quantities, the rates for all items shall be inclusive of

pumping/ bailing out water, wherever necessary for which no extra

payment shall be made. The area shall be kept dry when the work is in

progress even below water table. Nothing extra to be paid for slush /

sludge removal.

Cl. 3.40.2 of SCC: Contractor to make arrangements for traffic diversion

and alternate route selection and road widening to accommodate extra

traffic before commencement of work. Contractor to get the “Traffic

Management Plan” approved from the Traffic Police before construction

activity on road.

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76

Cl. 23 of GCC (P

563) Change in Firms

Constitution to be

intimated

Not Applicable

Cl. 26 of GCC (P

567) Contractor to indemnify

Govt against Patent

Rights


Cl. 27 of GCC (P

567) Lump sum provisions in

Tender

N.A.

Cl. 29 of GCC (P

567) Withholding and lien in

respect of sums due from

Contractor


Cl. 29A of GCC (P

569) Lien in respect of claims

in other contracts


Cl. 39 of GCC (P

583) Termination of Contract

on Death of Contractor

N.A.

Cl. 40 of GCC (P

583)

If relative working in

CPWD then the

Contractor not allowed to

tender.


Cl. 41 of GCC (P

583)

No Gazetted Engineer to

work as Contractor

within 1 years of

retirement


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77

Schedule No. 23: Levy of Compensation

Sr. Clause Page


Cl 2.22 of

Additional

Conditions (P

68)

Activity wise slippage

and levy of compensation


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78

Sl

No Name of activity

Target for

Completing activity Due Date

Levy of Compensation in case of failure

(Rs.)

1 2 3 4 5

=(start date +

targeted days)

i Lab establishment as perAnnexure-D of tender Within 60 days from

date of start

26-Jan-15 Rs 10000/- per day after 90 days

ii Mobilization of Barricading

material (of size and specification

as per drawing)

a) First 1000 m Within 30 days from

date of start

27-Dec-14 Rs. 10000/- per meter per week after due

date.

b) Another 1000m Within 60 days from

date of start

26-Jan-15 Rs. 10000/- per meter per week after due

date.

c) Additional quantity beyond2000m as directed

byEngineer-in-Charge.

Within time limit as

directed by Engineer-

in-Charge.

If required Rs. 10000/- per meter per week after due

date.

d) Cleaning/repainting/proper maintaining of

Barricading boards, as mentioned above and as

directed by Engineer-in-Charge.

(i) Cleaning every15

days and

1st & 16th date

of each month

Rs. 5000/- per meter

per week after the due date. (ii) Repainting every

six months or as

intimated by

Engineer-in-Charge.

26-May-15

26-Nov-15

26-May-16

26-Nov-16

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79

iii

T&P mobilization

a) Piling rig Within 30 Days 27-Dec-14 Rs. 10000/- per day after 30 days

b) Bar bending and cutting machine Within 30 days 27-Dec-14 Rs. 5000/- per day after 30 days

c) Crane (100 Tonnes) Within 120 Days 27-Mar-15 Rs. 5000/- per day after 120 days

d) Crane (60 Tonnes) Within 60 days 26-Jan-15 Rs. 5000/- per day after 60 days

e) Trailer (80 Tonnes) Within 60 Days 26-Jan-15 Rs. 5000/- per day after 60 days

iv Batching plants and concrete pump installation by

contractor

Within 90 days from

date of start

25-Feb-15 Rs 15000/- per day after 90 days

v Testing and approval ofmaterials

a) Cement, aggregates,admixture etc.

Within 15 days 12-Dec-14 Rs 10,000/- per day after 15 days

vi Mobilisation of shuttering as per specifications All from date of start

a. Shuttering for piers with all accessories including

form liner (6 separate sets for 6 piers)

within 45 days 11-Jan-15 Rs 10,000/- per day per

set of pier after 45 days

b. Superstructure

i. For crash barrier within 180 days 26-May-15 Rs 5000/- per day after 180 days

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80

ii. For facia panel of RE

wall

within 180 days 26-May-15 Rs 5000/- per day after 180 days

vii Mock ups for approval as per specifications All from date of start

a) For piers Within 60 days 26-Jan-15 Rs 10,000/- per day after 60 days

b) Facia panel for RE wall Within 210 days 25-Jun-15 Rs 5000/- per day after 210 days

c) Precast panel of crash barrier Within 210 days 25-Jun-15 Rs 5000/- per day after 210 days

viii Safety equipment Within 30 days from

date of start

27-Dec-14 .

ix Submission of Programme Chart as per Clause 3.15 Within 14 days from

date of award of

contract

11-Dec-14 Rs. 10,000/- per day after 14 days of date of

award with maximum amount limited to Rs.

1,00,000/-.

x Submission of Monthly progress report and as built

drawing etc.

a) Monthly progress report by 7th of next month

including Video Film shot by an Expert Professional

Agency

By 7th day of each

month

7th day of

each month

Rs. 10,000/- per day after 7 days of next

month with maximum

amount limited to Rs. 1,00,000/- for single

default.

b) As built drawings after completion of project Within one month of

completion of project

26-Dec-16 Rs. 10,000/- per day after one month of


with maximum amount limited to Rs.

15,00,000/-.

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81

c) Complete video film andcompiled

photographsdepicting complete progressof work from

start to completion after completionof project.

Within one month of


26-Dec-16 Rs. 10,000/- per day after one month of


with maximum amount limited to Rs.

15,00,000/-.

xi Cleaning of road and traffic management and non-

compliance of provisions of clause (Refer clause 3.40 &

3.35)

Within one month of


26-Dec-16 Rs.20,000/- per single violation compounded

to a maximum of Rs.5,00,000/- at any single

instance.

xii Non-compliance of safetyprovisions related to proper

lighting of site of work / launching of precast segments/

steel girder erection and placement as per provisions of

clause 3.39, 3.27 and other clausesof agreement

violation if any At violation if

any

Rs.20,000/- for first violation and

Rs.40,000/- for subsequent violations

xiii Provision of site office Within 3 months from

date of start

26-Feb-15 Rs.1,00,000/- per month after 3 months

xiv Non-compliance of clause3.38 related proper house

keeping

Non-compliance if any At non-

compliance if

any

Rs.10,000/- per single violation/ non-

compliance compounded to a maximum of

Rs.1,00,000/- at any single instance

xv Not keeping two complete sets of the drawings as

approved by the department at the site out of which one

set shall be lined with cloth at all time available for

inspection as per Clause 3.18

Within 14 Days ofDate

of Start

After GFC

Drawings

issued by

PWD

Rs. 5,000/- per day after14 days of date of

start with maximum amount limited to Rs.

50,000/-.

xvi Not making arrangements for tow away van/ truck /

crane, to tow away any breakdown vehicle in thetraffic

flow without losing any time.

Whenever directed by

Engineer-in-charge

At non-

compliance if

any

Rs. 10,000/- per single violation/ non

compliance

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xvii Not submitting a site layoutplan indicating the locations

of various site facilities likeContractor‟s site office,

stores etc. to be created by him as per clause5.4

Within 14 days from

date of start or

whenever directed by

the Engineer-in-

Charge


start or whenever directed by the Engineer-

in-Charge with maximum amount

limited to Rs. 50,000/-.

xvii

i

Not indicating in writing thesource of materials to the

Engineer-in-Charge as per Clause 6.1.1

Within 30 Days of

award of work or

whenever directed by

the Engineer-in-

Charge


award or whenever

directed by the Engineer-in-Charge with

maximum amount

limited to Rs. 50,000/- at any single instance

xix Not bringing Samples ofmaterials proposed to be used

in the permanent works and submitting to

the Engineer-in-Charge forapproval as perClause 6.12

Within 30 days before

actual materials are

brought to the site for

construction/execution

or Whenever directed

by the Engineer-in-

Charge

26-Dec-14 Rs. 5,000/- per day counted from 30 days

before actual materials are brought to site

with maximum amount limited to Rs. 50,000/-

. at any single instance

xx Not submitting detailed Quality Assurance Plan (QAP) /

Quality Assurance Manual (QAM) with detailed method

statements/detailed Proforma as per Chapter 8

Within 14 Days of

award of work


award with maximum amount limited to Rs.

1,00,000/-.

NICMAR Pune

83

NICMAR Pune

84

CONCLUSION

The summer internship at MECP, HCC Ltd. was a great experience in learning the works of various

departments.

The main work included preparation of the Contract Appreciation Document which provided me with

practical information and knowledge about the contracts department. It aided me with the firsthand

information about the project and helped in understanding the various constraints to the project at site.

It was an educative experience and helped me in learning the various works of the construction

industry.

A few drawbacks of Contract’s terms and conditions which are affecting work progress at site are as

follows:

• There is no provision for Mobilization Advance as per the contract. Hence the initial

investment of the company is huge for setting up offices and other temporary structures at site,

mobilizing of manpower and various equipments and machinery at site etc.

• The minimum Billing value for submission of bills is Rs.1000 Lacs. Another reason why the

initial investment of the company in the project is very high as the investment on the actual

works must exceed Rs. 1000 Lacs for presenting of Bill.

• Too many monetary compensations/ fines are applicable in the contract.

• Delay in shifting of Utilities & provision of Work Front by PWD is a major cause of time

overrun. This has also lead in traffic congestion and inconvenience to the local residents and

has also been published in a leading daily newspaper (clipping attached).

• Delay in providing approved design drawings by PWD has also been a cause for slow progress

of work at site.

aritra final report declaration

Documents