National Highways Authority of India
Instrumentation (Structural Monitoring System) for Yamuna Bridge at Allahabad/Naini
National Highways Authority of India
Instrumentation (Structural Monitoring System) for Yamuna Bridge at Allahabad/Naini
Tender Document Section I
Notice Inviting Tenders
1.1 Sealed item rate tenders in the prescribed form are hereby invited on behalf of the Chairman, National Highways Authority of India, (hereinafter called the “Employer”) to work as nominated subcontractor for the following work, including the furnishing of all necessary inputs, services and labour, strictly in accordance with the Instruction to Tenderers, General and Special Conditions of Contract, Technical Specifications, Bill of Quantities and Drawings as per the details mentioned herein below:
Name of Work
Tender Security (Rs. in lacs)
Period of Completion (months)
Last Date for Tender Submission
Instrumentation (Structural Monitoring System) of Concrete Cable Stayed Bridge across river Yamuna at Allahabad/Naini on NH-27 in Uttar Pradesh for performance measurement including data acquisition and communication system. The item includes Designing, installing and operating the system as per specification.
1.5 Tender documents comprising of Notice Inviting Tenders, Instructions to Tenderers, General and Special Conditions of the Contract, Technical Specification, Bill of Quantities, Drawings and other necessary documents may be obtained from the office of the General Manager (PI-III), National Highways Authority of India,3rd Floor, Room No.303,G-5 & 6, Sector-10, Dwarka, New Delhi – 110045 Tel No. 5074100,Extn. 1303/2457 on submission of a written application and on payment of a non-refundable fee of Rs. 5000/- (Rupees Five Thousand) in the form of Bank Draft drawn in favour of National Highways Authority or and of India, payable at New Delhi on any nationalized bank during working hours from 07/06/2002 to 21/06/2002.
1.7 Tenders in two parts, Part A (Technical bid) and Part B (Financial bid) in separate sealed covers, as prescribed in the Instructions to Tenderers, shall be received in the office of the General Manager (PI-III), National Highways Authority of India,3rd Floor, Room No.303,G-5 & 6, Sector-10, Dwarka, New Delhi – 110045 Tel No. 5074100,Extn. 1303/2457 up to 14.00 hours IST on 24/06/2002. Part A of the tender shall be opened at 14:30 Hours on 24-06-2002 in the presence of those tenderers who may choose to attend. Part B shall be opened at a later date for bidders who qualify in Part A.
1.8 The tenderer shall furnish Tender Security, as part of his tender, for the respective amounts stipulated in Clause 1.1 above in acceptable form as specified in the Tender.
Any tender not accompanied by an acceptable Tender Security will be summarily rejected as non-responsive.
Place: New Delhi General Manager (PI-III),
Date: 30.05.2002 National Highways Authority of India,
3rd Floor, Room No.303,
G-5 & 6, Sector-10, Dwarka,
New Delhi – 110045
Ph. No. 5074100 Extn. 2457/2319/1303
National Highways Authority of India
Instrumentation (Structural Monitoring System) for Yamuna Bridge at Allahabad/Naini
Tender Document Section II
Instructions to Tenderers
Table of Contents
2 Instructions to Tenderers 2
2.1 Background 2
2.2 Eligible Bidders 2
2.3 Scope of Works 2
2.4 Technical Bid 3
2.5 Eligibility and Qualification Requirement 3
2.6 Cost of Tendering 4
2.7 Site Visit 4
2.8 Contents of Tender Documents 5
2.9 Documents to be furnished at the time of Tender Submission. 6
2.10 Tendered Rates/Prices 6
2.11 Price Adjustments 7
2.12 Tender Security 7
2.13 Variations or Deviations in Tender Documents 8
2.14 Validity of Tender 8
2.15 Format and Signing of Tenders 8
2.16 Sealing and Marking of Tenders 10
2.17 Deadline for Tender Submission 10
2.18 Modification and Withdrawal of Tenders 11
2.19 Tender Opening 12
2.20 Process to be Confidential 12
2.21 Clarification of Tenders 12
2.23 Correction of Errors 13
2.25 Evaluation and Comparison of Tenders 13
2.26 Criteria for Award of Contract 15
2.27 Employer’s Right to Accept or Reject Tenders 15
2.28 Notification of Award. 15
2.29 Signing of Agreement 15
2.30 Performance Security 16
National Highways Authority of India has awarded the contract for construction of concrete cable stayed bridge across river Yamuna at Allahabad/Naini on NH-27 in Uttar Pradesh funded by Japan Bank for International Co-operation to M/s Hyundai-HCC JV. The contract provides for provisional item of instrumentation to be carried out by a specialist subcontractor nominated by the Employer, National Highways Authority of India during construction and during maintenance period of twelve months after completion of construction scheduled on 11/02/2004. National Highways Authority of India invites bids to nominate a subcontractor who will work under the main contractor M/s Hyundai – HCC JV, within the frame work of the contract agreement between National Highways Authority of India and Hyundai – HCC JV.
This invitation for bids is open to specialist agencies.
2.3.1 The Scope of Work shall include preparation of detailed design of the instrumentation system including the system of data acquisition, analysis and evaluation. The design will be submitted and got approved by the Engineer before execution.
The components to be monitored would include the well foundations, pylons, cable stays, deck, anchorage zones etc. In-built and surface mounted strain gauges such as V.W. strain gauges, pressure cells, geodesic or other relevant instruments/sensors would be used. Data loggers, FFT analysers, instrumentation tape recorders A-D convectors, processors, corrosion monitors, anemometers etc. would be employed for measurements/monitoring of the parameters.
The scope of the programme would also include measurement and monitoring of ambient vibration of the bridge during erection and after completion, meteorological parameters such as wind speed, barometric pressure etc and the air quality.
2.3.2 The Employer, as defined in section IV, hereinafter called “the Employer”, wishes to receive bids for appointment as nominated subcontractor for the works as described in various Sections of the Tender Documents hereinafter referred to as “the Works”.
2.3.3 Throughout these bidding documents, the terms bid and tender and their derivatives (bidder/tenderer, bid/tendered, bidding/tendering etc.) are synonymous, and day means calendar day. Singular also means plural.
2.3.4 Two Cover System of Tendering
Tender shall be prepared and submitted by Tenderer in two separate parts named as Technical Bid and Financial Bid.
2.4.1 The documents comprising the Technical Bid and Financial Bid are listed in Clause 2.8 hereof.
2.4.2 The Technical Bids will be opened first and evaluated according to Clause 2.19 hereof for responsiveness to requirements of Tender Documents. The successful Tenderers whose Technical bids are found responsive shall be notified so in writing according to Clause 2.19 hereof and their Financial bids only shall be opened on the date notified and evaluated further according to Clause 2.25 hereof. The Financial Bids of the unsuccessful Tenderers shall be returned to them unopened and their Tenders shall be rejected.
2.5.1 The tenderer shall furnish the following information in section VIII of the Tender Documents.
i) Audited financial statements consisting of profit and loss statements and balance sheets of last five years.
ii) Details of similar works done in last five years.
iii) Extent of access to bank loans or credit facilities with ceiling limits, if any, prescribed in this regard and certified by the bankers themselves;
iv) Details of current works in progress including value of current outstanding payables, etc.
v) Current Income Tax Clearance Certificate.
2.5.2 The following data/document must be furnished which will be reviewed along with information furnished in Section VIII to determine responsiveness of the tender:
i) Plant and equipment/instruments proposed to be used on the works.
ii) The key personnel and site organisation proposed for administration and execution of the Contract.
iii) Information regarding any current litigation in which tenderer is involved.
iv) Information whether the tenderer or any of its constituent partners has been expelled/debarred/black-listed by any agency or has failed to perform any contract, during the last five years.
The tenderer shall bear all costs associated with the preparation and submission of his tender for the works and the Employer will, in no case, be responsible or liable for such costs, regardless of the conduct outcome of the tendering process.
The tenderer shall, prior to submitting his tender for the work, visit and examine the Site of Works and its surroundings at his own expense and obtain and ascertain for himself, on his own responsibility, all information that may be necessary for preparing his tender and entering into a Contract, including, inter alias, the actual conditions regarding the nature and conditions of site, availability of materials, labour, probable sites for labour camps, stores etc. and the extent of lead and lift required for the execution of the Work over the entire duration of the Contract, after taking into consideration local conditions, traffic restrictions, obstructions in work, if any, and allow for all such extras likely to be incurred due to any such conditions, restrictions, obstructions, etc. in the quoted contract Price for the work Employer shall reasonably assist tenderers in arranging site visits/visas and provide other reasonable request for data.
B. TENDER DOCUMENTS
2.8.1 The set of tender documents for the purpose of tendering shall comprise of the following volumes and should be read in conjunction with any addendum issued in accordance with clause 2.8.5 hereof.
PART A: TECHNICAL BID
Section I Notice Inviting Tenders
Section II Instructions to Tenderers
Section III General Conditions of Contract
Section IV Special Conditions of Contract
Section V Technical Specifications
Section VI Forms of Tender and Bank Guarantee for Tender Security
Section VII Drawings
Section VIII Documents to be furnished by the tenderer
PART B: FINANCIAL BID
Section IX Bill of Quantities
2.8.2 One copy each of Sections I to VII and Section IX of the Tender Documents will be issued to the tenderer. Section VIII containing documents to be furnished by the tenderer will be prepared and furnished by him.
2.8.3 The tenderer is expected to examine carefully all instructions, conditions of contract, forms, terms, technical specifications, bill of quantities, schedules, Annexure and Drawings in the Tender Documents. Failure to comply with the requirements of tender submission shall be at the tenderers own risk.
2.8.4 All tenders are cautioned that no alternative or conditional offers, variations or deviations by the tenderers in respect of any item (including advance mobilisation loan or time of completion etc.) shall be entertained or considered further in the process of tender evaluation. Furthermore, any deviation from the Conditions of Contract or technical specifications or other requirements stipulated in these Tender Documents.
2.8.5 Amendment of Tender Documents.
i) At any time prior to the deadline for submission of tenders, the Employer may, for any reason, whether at his own initiative or in response to a clarification requested by a prospective tenderer.
ii) Any Addendum, if any, will be sent in writing or by telex or cable to all prospective tenderers who have received the Tender Documents, and will be binding upon them. The prospective tenderers shall promptly acknowledge receipt thereof by cable to the Employer.
iii) In order to afford prospective tenderers reasonable time to take an Addendum into account in preparation of their tenders, the Employer may at his discretion, extend the deadline for submission of tenders, in accordance with clause 2.17 hereof.
C. Preparation of Bids
2.9.1 The tender prepared by the tenderer and all correspondence and documents relating to the tender exchanged by the tenderer and the Employer shall be written in the English language only. Supporting documents and printed literature furnished by the tenderer may be in another language provided they are accompanied by an appropriate translation in the above stated language. For the purpose of interpretation of the tender, the English language shall prevail.
2.9.2 The tender to be prepared and submitted by the tenderer for consideration shall comprise the following:
a) Completed Form of Tender and Appendix thereto (in Section VI of the bid document) duly signed in accordance with clause 2.16 hereof, along with the complete set of Tender Documents (Sections I to Sections IX) mentioned in Clause 2.8 hereof.
b) Tender Security of Rs.7,00,000/- (Rupees seven lakhs only) in an acceptable format as described in clause 2.12 hereof.
c) Bill of Quantities with the rates (in figures as well as in words) and amounts for all items of work duly filled in alongside the respective quantities in Section IX of PART B;
d) Programme for completion of the various items of the work (in the form of a bar chart) in Section VIII clearly indicating procurement, installation etc.
e) Latest Income-tax Clearance Certificate from the concerned department in India (for local pre-qualified Contractors only) in Section VIII - Income Tax Clearance Certificate.
f) Any other material / information required to be completed and submitted in accordance with these instructions to Tenderers as contained in the Tender Documents, in Section VIII.
g) The forms, Bill of Quantities and Schedules provided in Sections VI & IX of these Tender Documents shall be used without exception (subject to extensions of the schedules) in the same format.
h) All documents contained in two parts as described in clause 2.8 hereof shall be deemed to have been incorporated in the tender for the works.
2.10.1 Rates and prices shall be quoted by the tenderer entirely in the currency of Indian Rupees and all payments, shall be made in the same currency.
2.10.2 Unless explicitly stated otherwise in the Tender Documents the Contract shall be for the whole of the Works as described in Clause 2.3 hereof, based on the unit rates and prices, submitted by the tenderer, in the Bill of Quantities (Section IX).
2.10.3 The tenderer shall fill in rates and prices for all items of the works described in the Bill of Quantities. Items against which no rate or price is entered by the tenderer will not be paid for by the Employer when executed and shall be deemed to have been covered by the rates and amounts of other items in the Bill of Quantities.
2.10.4 All duties, taxes and other levies are payable by the nominated subcontractor under the Contract.
2.10.5 In case, the tenderer wishes to offer a rebate to the Employer, he may indicate such amount of rebate in the summary Bill of Quantities of Section IX of Part B of the Tender Documents.
The rates and amounts quoted by the tenderers are fixed for the entire currency of the Contract. No price adjustment is allowed.
2.12.1 The tenderer shall furnish as part of his tender, tender security for the respective amount stipulated in Clause 2.9.2(b) of these instructions to Tenderers. Tender security shall be payable in Indian Rupee currency (or equivalent in any other freely convertible currency) and at the tenderers option, in any of the following acceptable forms:
a) Bank Draft drawn on any nationalized bank drawn in favour of National Highways Authority of India payable at New Delhi.
b) Bank Guarantee from any scheduled Indian Bank or a foreign bank approved by the Reserve Bank of India in India, irrecoverable and operative for a period not less than 30 days beyond the validity of tender in favour of the Chairman, National Highways Authority of India,3rd Floor, Room No.303,G-5 & 6, Sector-10, Dwarka, New Delhi – 110045.
2.12.2 Any tender not accompanied by the requisite tender security in the acceptable form will be rejected by the Employer.
2.12.3 The Tender Security of the unsuccessful tenderer will be discharged / returned without interest as promptly as possible but not later than 30 (thirty) days after the expiry of the period of tender validity prescribed by the Employer.
2.12.4 The Tender Security of the successful tenderer will be discharged without interest upon the tenderer signing the Agreement and furnishing the bank guarantee for the performance security of the Contract.
2.12.5 The Tender Security may be forfeited:
a) If the tenderer withdraws his tender during the period of tender validity; or
b) If the tenderer does not accept the correction of his tender price, pursuant to Sub Clause 2.23 or
c) In the case of a successful tenderer, if he fails, or refuses, within the specified time limit to:
i) Sign the Agreement, and/or
ii) furnish the required performance security,
2.13.1 The tenderer shall submit an offer which complies fully with the requirements of the tender documents. No alternative or additional alternative proposals for any part of the works, deviating from the technical specifications and drawings shall be acceptable.
2.14.1 Tenders shall remain valid and open for acceptance for a period of 180 (one hundred and eighty) days after the date of tender opening prescribed in Clause 2.19 hereof.
2.14.2 In exceptional circumstances, prior to expiry of the original tender validity period, the Employer may request the tenderers for a specified extension in the period of validity.
2.15.1 The tenderer shall prepare the documents comprising the tender in duplicate and as described in Clause 2.9 of these Instruction to Tenderers, clearly marked “ORIGINAL TENDER” and “COPY OF TENDER” as appropriate. In the event of discrepancy between them, the original shall govern.
2.15.2 If the tender is submitted by a proprietary firm. The tender forms shall be signed by the proprietor above the full name of the firm with its current address.
If the tender is submitted by a firm in partnership the tender form shall be signed by a partner holding the power of attorney for such firm. A certified copy of the power of attorney shall accompany the tender. The certified copy of the partnership deed, current address of the firm and full name, and current address of all the partners of the firm shall also accompany the tender.
If the tender is submitted by a limited company or a limited corporation the tender form shall be signed by a duly authorised person holding the power of attorney for such limited company or corporation. A certified copy of the power of attorney shall accompany the tender. Such limited company or corporation may be required to furnish satisfactory evidence of its existence before the Contract is awarded.
2.15.3 All witnesses and sureties shall be persons of status and probity and their full names, occupations and addresses shall be printed below their signatures. All signatures shall be dated.
2.15.4 The original and copies of the tender shall be typed or written in indelible ink and shall be signed by a person or persons duly authorised to bind the tenderer legally to the Contract in all respects. Proof of such authorisation shall be furnished in the form of a written Power of Attorney, which shall accompany the Tender. The person or persons signing the Tender shall initial all pages of the tender where entries or amendments have been made.
2.15.5 The complete tender shall be without alterations, interlamination or erasures except those to accord with instructions issued by the Employer, or as necessary to correct errors made by the Tenderer, in which case such corrections shall be initialled by the person or persons signing the Tender.
2.15.6 Each tenderer shall submit only one tender.
D. Submissions of Tenders
2.16.1 The tenderer shall seal the original and each copy of the tender in an inner and an outer envelope, duly marking the envelopes as “ORIGINAL” and “COPY”. Each copy of tender will be comprised of Part A (Technical Bid) and Part B (Financial Bid) sealed separately and clearly marked along with name of tenderer.
2.16.2 The inner and outer envelopes shall:
a) be addressed to
General Manager (PI-III),
National Highways Authority of India,
3rd Floor, Room No.303,
G-5 & 6, Sector-10, Dwarka,
New Delhi – 110045
Ph. No. 5074100 Extn. 2457/2319/1303
b) bear the following identification:
Tender for Instrumentation (Structural Monitoring System) for Yamuna Bridge at Allahabad/Naini
i) Reference Number :
ii) The words: “DO NOT OPEN BEFORE 14:30 hours IST on 24th June 2002
iii) The words “ORIGINAL” or “COPY” as appropriate (in respect of the inner envelope)
iv) The inner envelope shall indicate the name and address of the tenderer to enable the tender to be returned unopened in case it is declared “late” pursuant to clause 2.17.3
2.16.3 Any tender not accompanied by Tender Security shall be rejected by the employer as non-responsive.
2.17.1 Tenders must be received by the Employer in the office of the General Manager (PI-III),
National Highways Authority of India, 3rd Floor, Room No.303, G-5 & 6, Sector-10, Dwarka, New Delhi – 110045 not later than 14.00 hours IST on 24th June 2002 as per Clause 1.1.
2.17.2 The Employer may, at his discretion, extend the deadline for submission of tenders by issuing an amendment in accordance with Clause 2.8.5, of these Instructions to Tenderers in which case all right and obligations of the Employer and the tenderers previously subject to the original deadline shall thereafter be subject to the new deadline as extended.
2.17.3 Late Tender:
Any tender received by the Employer after the deadline for submission of tenders prescribed by the Employer in accordance with the foregoing will be returned unopened to the tenderer.
2.18.1 The tenderer may modify or withdraw his tender after tender submission, provided that the modification or notice of withdrawal is received in writing by the Employer in the office of the General Manager (PI-III), National Highways Authority of India, 3rd Floor, Room No.303, G-5 & 6, Sector-10, Dwarka, New Delhi – 110045 prior to the prescribed deadline for submission of tenders.
2.18.2 The tenderers modification or notice of withdrawal shall be prepared, sealed, marked and delivered in accordance with the provision of Clause 2.16.1 hereof for submission of tenders with the inner envelopes additionally marked “MODIFICATIONS” or “WITHDRAWAL” as appropriate.
2.18.3 Save as provided in Clause 2.21.1 hereof no tender shall be modified subsequent to the deadline for submission of the tenders failing which the Tender Security shall stand forfeited.
2.18.4 No tender shall be withdrawn in the interval between the deadline for submission of tenders and the expiry of the period of validity of tenders specified in Tender Documents. Withdrawal of a tender may result in the forfeiture of the Tender Security Deposit pursuant to Clause 2.12 hereof without any further notice or opportunity to the tenderer and without prejudice to any other legal rights and remedies open to the Employer.
E. Tender Opening and Evaluation
2.19.1 Tenders, including submissions made pursuant to Clause 2.17 hereof shall be opened by the General Manager (PI-III), National Highways Authority of India, 3rd Floor, Room No.303, G-5 & 6, Sector-10, Dwarka, New Delhi – 110045 on behalf of the Employer in the presence of such of the tenderers representatives who choose to attend, at 14:30 hours IST on 24th June 2002 and at the office of the. the General Manager (PI-III), National Highways Authority of India, 3rd Floor, Room No.303, G-5 & 6, Sector-10, Dwarka, New Delhi – 110045
2.19.2 The tenderers’ representatives who are present shall sign a register evidencing their attendance.
2.19.2 Tenders for which an acceptable notice of withdrawal has been received pursuant to Clause 2.18 hereof shall not be opened. The Employer shall examine tenders to determine whether they are complete, whether the requisite Tender Security has been furnished, whether the documents have been properly signed and whether the tenders are generally in order. Part B will not be opened. Tenderers whose tender may be found to the responsive will be informed about the date for opening of Part –B (Financial Bid).
2.19.3 At the tender opening, the Employer will announce only the tenderers’ names, the tender prices, any discounts offered, written notifications of tender modifications and withdrawals, if any, the presence of the requisite Tender Security Deposit, and such other details as the Employer, at his discretion, may consider appropriate.
2.19.4 Minutes of the tender opening (including the information disclosed to those present in accordance with Sub Clause 2.19.3 hereof) shall be prepared by the Employer for official use only.
2.20.1 After the public opening of tenders, information relating to the examination, clarification, evaluation and comparison of tenders and recommendations concerning the award of a Contract shall not be disclosed to tenderers or other persons not officially concerned with such process until the award of the Contract to successful tenderer has been announced.
2.21.1 To assist in the examination, evaluation and comparison of tenders, the Employer may ask any tenderer individually for clarification, if any, of their tenders, including breakdowns of unit rates and prices.
The request for clarification and the response shall be in writing or telegram/cable or telex, but no change in the price or substance of the tender shall be sought, offered or permitted except as required to confirm the correction of arithmetical errors discovered by the Employer during evaluation of the tenders in accordance with Clause 2.23 hereof.
2.23.1 Tenders determined to be substantially responsive, will be checked by the Employer, for any arithmetical errors in computation and summation. Errors will be corrected by the Employer as follows:
a) where there is a discrepancy between the amounts in figures and in words the amount in words will govern; and
b) where there is a discrepancy between the unit prices/rates and the total amount derived from the multiplication of the unit price/rate and the quantity, the unit price/rate as quoted in words will govern, unless in the opinion of the Employer there is an obviously gross misplacement of the decimal point in the unit rate, in which case total as amount quoted for the item will govern and the unit rate will be corrected.
2.25.1 The Employer will evaluate and compare only the tenders determined to be substantially responsive to the requirements of the Tender Documents in accordance with Clause 2.22 and 2.23 hereof.
In evaluating the tenders, the Employer will determine for each tender its Evaluated Tender Price by adjusting the Tender Price as follows:
a) Making any corrections for errors in accordance with Clause 2.23 hereof.
b) Excluding Provisional Sums and the Provision, if any, for contingencies in the Summary Bill of Quantities, but including Day work, where priced competitively on the basis of nominal quantities given in the Schedule of Day work rates.
c) converting the amount resulting from applying (a) to (b) above to single currency and
d) Any rebate offered by the Tenderer, pursuant to Clause 2.10.5 hereof, if applicable.
2.25.4 If the tender of the successful tenderer is seriously unbalanced in relation to the Engineer’s estimate of the cost of work to be performed under the contract, the Employer may require the Tenderer to produce detailed price analysis for any or all items of the Bill of Quantities, to demonstrate the internal consistency of those prices with the construction methods and schedule proposed. After evaluation of the price analysis, the Employer may require that the amount of performance security set forth in Clause 2.30 hereof, be increased at the expense of the successful tenderer to a level sufficient to protect the Employer against financial loss in the event of default of the successful tenderer under the Contract.
F. Award of Contract
i) Subject to Clause 2.27 hereof, the Employer will award the Contract to the tenderer whose tender has been determined to be substantially responsive and who has offered the lowest Evaluated Tender Price pursuant to Clauses 2.25 hereof of the Notice Inviting Tender. (Section I) hereof PROVIDED FURTHER that, in the opinion of the Employer, the tenderer has the capability and resources to carry out the Contract Works effectively.
ii) For the purpose of determining the capacity of the tenderer, a review of all on going contracts as furnished by him in accordance with Clause 2.5 would be carried out and form an important criterion for assessing the capability and availability of resources with the Contractor to carry out the works effectively.
Notwithstanding Clause 2.26 hereinabove the Employer reserves the right to accept or reject any tender or all tenders and to annul the tendering process and reject one or all tenders, at any time prior to award of Contract, without thereby incurring any liability to the affected tenderer or tenderers or any obligation to inform the affected tenderer or tenderers of the grounds for the Employers’ action.
2.28.1 Prior to the expiry of the period tender validity prescribed by the Employer, the Employer will notify the successful tenderer by telegram/cable or telex (and subsequently confirm in writing by Registered Letter) that his tender has been accepted. This letter (hereinafter and in the conditions of contract called” the Letter of Acceptance”) shall name the sum which the Employer will pay the Contractor in consideration of the execution, completion and maintenance of the Works by the Contractor as prescribed by the Contract (hereinafter and in the conditions of contract called “the Contract Price”).
2.28.2 The letter of Acceptance will constitute the formation of the Contract and will incorporate all agreements between the parties in accordance with the Form of Agreement provided in the Tender Documents.
2.28.3 Upon the furnishing by the successful tenderer of a Performance Security in accordance with the provisions of Clause 2.30 hereof, the Employer will promptly notify the unsuccessful tenderers that their tenders have been unsuccessful.
2.29.1 At the same time as it notifies the successful tenderer that his tender has been accepted, the Employer will instruct the successful tenderer to depute his authorised representative within 7 (seven) days of receipt thereof to enter into an agreement with the Contractor M/s Hyundai - HCC JV incorporating all agreements with the Employer.
2.30.1 Within 28 (twenty eight) days after the receipt of the letter of Acceptance from the Employer, the successful tenderer shall furnish to the Employer a performance security in the form of a Bank Guarantee in an amount equivalent to 10% (ten per cent) of the Contract Price or a proformance Bond in the amount of 30 (thirty) percent of the Contract Price, in the proforma as provided in Section IV of the Tender Documents.
2.30.2 The Performance Security to be provided by the successful tenderer in the form of a bank guarantee shall be issued by either any Nationalised Bank or Scheduled Bank in India or any other foreign Bank which has been determined by the tenderer to be acceptable by the Employer or Performance Bond may be provided by the successful tenderer issued by an insurance company or bonding company which has been determined by the tenderer to be acceptable to the employer.
2.31 Failure on the part of the successful tenderer to comply with the requirements of Clauses 2.29 and/or 2.30 above, shall constitute sufficient grounds for the annulment of the award of Contract and forfeiture of the Tender Security Deposit. The Employer shall be entitled (but not obliged) to inform the tenderer by notice in writing to withdraw his acceptance and, if so withdrawn, the tenderer shall have no claim against the Employer whether for damages or otherwise in respect of such acceptance or withdrawal. Also, this tenderer shall be debarred from bidding for the Work in case tenders are re-invited.
National Highways Authority of India
Structural Monitoring System, Yamuna Bridge at Allahabad/Naini
Tender Document Section III
General Conditions of Contract
Table of Contents
1 CONDITIONS OF CONTRACT - PREFACE 2
2 GENERAL CONDITIONS OF CONTRACT 3
The Conditions of Contract comprise two parts, namely:
1. General Conditions of Contract (Section III of the Tender Documents)
2. Special Conditions of Contract (Section IV of the Tender Documents)
The General Conditions of Contract comprise “Conditions of Contract for Works of Civil Engineering Construction - Part I General Conditions, 4th edition, 1987 (Reprinted 1988 with Editorial Amendments; Reprinted 1992 with further amendments)” published by the Federation Internationale des Ingenieurs Conseils (FIDIC), Lausanne, Switzerland.
The successful tenderer has to work as nominated subcontractor to the main contractor, M/s Hyundai – HCC JV. The General Conditions of Contract this Subcontract will be in line with the Contract Agreement between Employer and main contractor with exceptions as may be mentioned elsewhere in this document. The General Condition of Contract for the agreement between Employer and main contractor is enclosed.
National Highways Authority of India
Structural Monitoring System, Yamuna Bridge at Allahabad/Naini
Tender Document Section IV
Special Conditions of Contract
Table of Contents
1 SPECIAL CONDITIONS OF CONTRACT 4
Clause 1.1 Definitions 5
Clause 2.1 Engineer’s Duties and Authority 5
Clause 4.1 Subcontracting 5
Clause 5.1 Language(s) and Law 5
Clause 5.2 Priority of Contract Documents 6
Clause 5.2.1 Interpretation of ambiguities 6
Clause 5.2.2 Priority of Contract Documents 6
Clause 6.0 Submission of Designs and Drawings 6
Clause 6.6 7
Clause 6.7 7
Clause 8.0 Contractor’s General Responsibilities 7
Sub-Clause 10.1 Performance Security 7
Clause 10.2 Period of Validity of Performance Security 8
Clause 10.3 Substitute the Clause by the following 8
Clause 11.2 Inspection of Site. 8
Clause 14.1 Programme to be submitted 9
Clause 14.3 Cash Flow 9
Clause 15 Add the following below clause 15.1 9
Clause 15.2 Review Meetings 9
Clause 17.2 Notice to Engineer 10
Clause 18.1 Bore - holes & Exploratory Excavations 10
Clause 19.1 Safety, Security and Protection of Environment 10
Clause 20.4 Substitute the existing Clause as under: 10
Clause 21.1 Insurance of Works and Contractor’s Equipment 11
Clause 21.2 Scope of Cover 11
Clause 21.4 Substitute the clause as follows: 11
Clause 21.5 War Risk Insurance 12
Clause 23.1 Third Party Insurance (Including Employer’s Property) 12
Clause 24.2 Insurance Against Accident To Workmen 12
Clause 29 Interference with Traffic and Adjoining Properties 12
Clause 29.2 12
Clause 29.3 12
Clause 30.2 Transport of Contractor’s Equipment or Temporary works. 13
Clause 34 Engagement of Staff and Labour 13
Clause 34.2 Compliance with Regulations, etc. 13
Clause 34.3 Observance by subcontractors: 23
Clause 35.1 Returns of Labour 23
Clause 36 Add the following as sub-clause 36.6 below sub-clause 36.5 23
Clause 37.1 Inspection of Operations 24
Sub-Clause 41.1 Commencement of Work 24
Clause 46 Add the following as Clause 46.2 below Clause 46.1: 24
Clause 46.2 24
Clause 48.2 Taking over of Sections or Parts 24
Clause 52.2 Power of Engineer to Fix Rates 25
Clause 54.1 Contractor’s Equipment etc. 25
Clause 54.4 Re-export of Contractor’s Equipment 26
Clause 54.5 Conditions of Hire of Contractor’s Equipment 26
Clause 58.3 Production of Vouchers 26
Clause 60 Certificates and Payment 26
Clause 60.1 Interim Payment Certificate 27
Clause 60.2 Materials for the Permanent Works 28
Clause 60.3 Retention Money 30
Clause 60.4 Time of Payment 30
Clause 60.5 Correction of Certificates 31
Clause 60.6Mobilisation Advance 31
Clause 60.7 Repayment of Advance 32
Clause 60.8 Final Account 32
Clause 60.9 Release of Claims 33
Clause 60.10 Cessation of Employer’s Liability 33
Clause 63.1 Default of Contractor 33
Clause 64.1 Urgent Remedial Work; 34
Clause 67.3 Arbitration 34
Clause 68.2 Notice to Employer and Engineer 34
Clause 69.1 Default of Employer 35
Clause 69.4 Contractor’s entitlement to suspend Work 35
Clause 70.1 Increase or Decrease of Cost 35
Clause 70.1(1) Price Adjustment 35
Clause 70.1(2) Change in Cost 36
Clause 70.1(3) Change in Source and Currency 40
Clause 70.1(4) Increase or Decrease of Price of Specified Materials 40
Clause 70.1(5) Limit of Price Adjustment 43
Clause 70.1(6) Exemption from Price Adjustment 43
Clause 72.1 Rate of Exchange 44
Clause 72.2 Currency Proportions 44
Clause 73 Removal of Craft or Plant 44
Clause 74 Contractor’s Temporary Moorings 45
Clause 75 Life -saving Appliances and First-aid Equipment 45
Clause 76 Bribes/Commission 45
Clause 77 Drawings and Photographs of the Works 45
Clause 78 Taxation 46
Clause 78.1 46
Clause 78.2 46
Clause 78.3 46
Clause 79 Use of Explosives 46
Clause 79.1 46
Clause 79.2 46
Clause 79.3 47
Clause 80 Noise and Disturbance/Pollution 47
Clause 80.1 47
Clause 80.2 Pollution 47
Clause 81.0 The Customs and Security Requirements 47
Clause 82.0 Law 48
Clause 83 Termination of Contract for Employer’s Convenience 48
Clause 84 Joint Venture 48
Clause 85.0 The Apprentices Act 1961 49
Table of Appendices
ANNEXURE - A
The Special Conditions of Contract are amendments and additions to the General Conditions of Contract (Section II) mentioned in para 1 above. Clauses in these sections having clause numbers up to 72 are amendments of the General Conditions of Contract (Section III) and carry the numbers of the Clauses which they amend. Clauses, having numbers 73 or more, are additional clauses to the General Conditions of Contract (Section III)
The following Clauses in Section III have been amended and the amendments are given in Section IV
1, 2, 4, 5, 6, 8, 10, 11, 14, 15, 17, 18, 19, 20, 21, 23, 24, 29, 30, 34, 35, 36, 37 41, 46,48, 52, 54, 58, 60, 63, 65, 67, 68, 69, 70 & 72.
The following are additional clauses to the Section III and are given in Section IV.
73, 74, 75, 76, 77, 78, 79, 80, 81, 82, 83, 84, 85 and 86
The paragraph ‘Reference to Part II’ appearing at the bottom of page 38 of Section III has been deleted.
The Form of Tender and the Form of Agreement appearing at the end of Section III have been deleted.
Whenever there is a conflict or inconsistency between the “Special Conditions of Contract” and the “General Conditions of Contract”, the provisions stipulated in the Special Conditions (Section IV) shall prevail over and supersede those appearing in the General Conditions of Contract (Section III)
The successful tenderer has to work as nominated subcontractor to the main contractor, M/s Hyundai – HCC JV and Special Conditions of Contract of Subcontract will be in line with the Contract Agreement between Employer and main contractor with exceptions as may be mentioned elsewhere in this document. The Special Condition of Contract for the agreement between Employer and main contractor is enclosed.
The Clause numbers mentioned hereinafter refer to the corresponding Clauses of the General Conditions of Contract (Section III) to which a Particular Special Condition relates.
Under sub-clause (a) (i) and (a) (iv) add the following:
(i) “EMPLOYER” means (name to be inserted by the Ministry)
(iv) “ENGINEER” means (name to be inserted by the Ministry)
Substitute the sub-clause g(iv) by the following:
(g)(iv) ‘writing’ means any hand-written, type-written or printed communication including telex, cable, facsimile transmission or E-mail.
Add the following as sub-clause (h) after sub-clause (g) of General Conditions Clause 1.1
(h) Month and year and all dates shall be calculated according to the Gregorian calendar. Time referred to shall be the Indian Standard Time (IST)
The Engineer shall obtain the specific approval of the Employer before
taking any of the following actions specified in Section - III
a) Issuing any variation order with financial implications expect in an emergency situation as reasonably determined by the Engineer.
b) Issuing variation in the work quantities which attracts Clause 52.2 for refixsation of rates.
c) Sanctioning of additional items, costs and variation of rates and prices.
d) Approving the subletting of any parts of the works.
e) Approving of any extensions of Contractual time limits.
In line 1, the words “the whole” shall be substituted by the words “more than fifty per cent of the Contract amount”.
Substitute Clause 5.1 by the following:
a) The Contract Documents shall be drawn up in the English Language and all correspondence, drawings and documents and any written matter relating to the Contract shall be in English only.
b) This Contract shall be governed and construed in accordance with the laws of India
Substitute Clause 5.2 by the following:
If the Contractor discovers any ambiguities, omissions, errors, faults and other defects in the Drawings or in other Contract Documents, he shall immediately notify the same in writing to the Engineer, who will resolve the ambiguity or correct the error and will notify the Contractor of the interpretation to be adopted.
Subject to the foregoing provisions and unless otherwise provided in the Contract, the priority of the documents forming the Contract shall be as follows.
1. Contract Agreement;
2. The Letter of Acceptance;
3. The said Tender;
4. Notice Inviting Tender & Instruction to Tenderer (Section I and II)
5. The General Conditions of Contract, (Section III) read, with the Special Conditions of Contract (Section IV)
6. The Priced Bill of Quantities
7. The Drawings (Volume IV of the Tender Documents)
8. The Technical Specifications (Section Vof the Tender Documents)
9. Schedules and Annexure (Section VIII & IX of Tender Documents)
10. Documents furnished by the Tenderer (Section VIII of the Tendered Documents)
Add the following as clauses 6.6 and 6.7
The design calculations and fabrication drawings for Temporary Works (such as form-work, staging, centring, scaffolding, specialised constructional, handling and launching equipment and the like) as well as bar bending and cutting schedules for reinforcement, material lists for structural fabrication as well as detailed drawings for templates, and anchorage and temporary support details for prestressing cables, etc., shall be prepared by the Contractor at his own cost and forwarded in triplicate to the Engineer at least six weeks in advance of actual constructional requirements. The Engineer will check and return one copy of the same for the Contractor’s use with amendments, if any noted in red ink. Such approval shall not relieve the Contractor of any of his responsibilities in connection with temporary works. The Contractor will supply four copies of the approved drawings for the Engineer’s use. The cost of preparing all such items of work shall be deemed to have been included in the respective rates/prices quoted by the Contractor in the Bill of Quantities.”
On completion of the Works, the Contractor shall arrange to furnish the Employer with two (2) bound sets of all “As constructed” drawings for every component of the Works at his own cost, all such copies being on Polyester film of quality to be approved by the Engineer or his Representative. The Taking - over Certificate of the Works, as per the provisions of Clause 48.1 herein, shall not be issued by the Engineer in the event of the Contractor’s failure to furnish the aforesaid “As constructed” drawings for the entire works
Add the following as Sub-clause 8.3 below sub-clause 8.2.
“The Contractor shall promptly inform the Employer and the Engineer of any error, omission, fault, or any other defect in the designs, drawings or specifications for the works which are discovered when reviewing the Contract Documents or in the process of execution of the Work.”
Substitute Clause 10.1 by the following:
The Contractor shall provide security for his performance of the Contract to the Employer within 28 days after the receipt of Letter of Acceptance. The Performance Security shall be a bank guarantee equivalent to 10% (ten percent) of the Contract Price from any nationalised bank in India or foreign bank which has been determined by the successful Tenderer to be acceptable by the Employer, or a bond equivalent to 30% of the Contract Price issued by an insurance company or bonding company which has been determined by the successful Tenderer to be acceptable to the Employer. The same shall be furnished to the Employer in a performa in Section of X of the Tender Documents. In cases where the tender of the successful tenderer is seriously unbalanced or front-loaded, the Employer may require that the amount of the performance security set forth above, be increased at the expense of the successful Tenderer to a level sufficient to protect the Employer against financial loss in the event of default of the successful tenderer under the Contract.
Without limitation to the provisions of preceding paragraphs, whenever the Employer determines an addition to the Contract Price as a result of any change in cost and/or legislation or as a result of a variation amounting to more than 25 per cent of the Contract Price, the Contractor at the Engineer’s written request shall promptly increase the value of the performance security by an equal percentage.”
In Sub-Clause 10.2 in the 4th line add a full stop (.) after “62.1” and delete the word “and such .................. Liability Certificate” and add the following.
The Performance Security shall be returned by the Employer to the Contractor not less than 28 (twenty eight) days following the date of issuing the Defects Liability Certificate. However, in the case of Foreign Contractors or Joint Ventures with Foreign Contractors, or in case of materials or equipment imported for incorporation into the Work, the Performance Security shall not be released until the documentary evidence stating that such materials or equipment were following certificate has been issued by the respective statutory authorities as evidence for payment of all taxes and other duties.
“Documentary proof from the Customs Department of the Government of India in respect of the contractor having removed all duty-exempt equipment materials and plant from India, or alternatively in respect of equipment, materials and plant which has been sold in India or incorporated in the Works that duty thereon has been duly paid by the Purchaser/Contractor, as the case may be”.
The employer shall make claims under performance security without having to notify the contractor. “The cost of complying with the requirements of this Clause shall be borne by the Contractor.”
Add new Clause 11.2 as follows:
“Data made available by the Employer in accordance with Clause 11.1 shall be deemed to include data mentioned elsewhere in the Contract, which are open for inspection before tendering at the Office of National Highway Authority of India, 1 Eastern Avenue, Maharani Bagh, New Delhi. 110 065”
Substitute the clause by the following:
The Contractor shall within 30 (thirty) days after the date of receipt of the Letter of Acceptance, submit to the Engineer for his consent six copies of a Programme, prescribed for the execution of the work.
Unless otherwise agreed, the programme shall be generally based on the programme submitted with the Tender and shall include:
i) A CPM analysis of various activities from commencement of work to completion.
ii) Bar chart showing proposed execution of quantities of principal items of work every month, which shall not be unbalanced. The programme shall be related to the capability of equipment proposed to be deployed and site conditions.
iii) Proposed deployment of principal items of equipment, materials and labour, every month.
iv) Proposal for purchase/hire of equipment, every month, along with programme for their procurement.
v) A general description of the arrangements and methods which the Contractor proposes to adopt for the execution of works, giving programme of tests to be carried out before, during and after execution of each item of work.
If the work programme submitted by the Contractor is deemed incomplete/improper by the Engineer, the Contractor shall be given 15 days to resubmit it to the Engineer’s satisfaction. Until full compliance is achieved, the Contractor’s obligation “to commence the Works at site” (Clause 41.1) shall be deemed unfulfilled
In the first line the words “The time stated in Part II of these conditions” shall be substituted by the words “60 (sixty) days.”
The contractor shall depute at least his project manager or senior site representative to attend all the periodic review meetings which shall be notified by the Engineer.
Clause 17 Add the following below clause 17.1
The Contractor shall give to the Engineer not less than 72 (seventy two) hours notice of his intention to set out or give levels for any part of the Works so that timely arrangement may be made for checking or issuing instructions. He shall indicate therein by which date the information, if any is required by him.
In line 2 of the Clause, insert the words “in excess of the requirements specified elsewhere in the contract” between “to make bore-holes or to carry out exploratory excavations” and “such requirement shall”.
Add the following sub-clause19.1 (d)
d) All lights provided by the Contractor shall be screened so as not to interfere with any signal light on the railways or with any traffic or signal lights of any local or other authority.”
The Employer’s risks are
a) Insofar as they directly affect the execution of the works in the country where the permanent works are to be executed:
i) War and hostilities ( whether war be declared or not), invasion, act of foreign enemies;
ii) Rebellion, revolution, insurrection or military or usurped power, or civil war;
iii) Ionising radiations, or contamination by radioactivity from any nuclear fuel, or from any nuclear waste from the combustion of nuclear fuel, radioactive toxic explosive or other hazardous properties of any explosive nuclear assembly or nuclear component thereof;
iv) Pressure waves caused by aircraft or other aerial devices travelling at sonic or supersonic speeds; and
v) Riot, commotion or disorder, unless solely restricted to the employees of the Contractor or of his subcontractors and arising from the conduct of the works.
b) Loss or damage due to the use or occupation by the Employer of any section or part of the permanent works, except as may be provided for in the Contract;
c) Loss or damage to the extent that it is due to the design of the works, other than any part of the design provided by the Contractor or for which the Contractor is responsible; and
d) any operation of the forces of nature against which an experienced Contractor could not reasonably have been expected to take precautions.
Add the following words at the end of Sub-Clause (a) and (b)
“It being understood that such insurance shall provide for compensation to be payable in the types and proportions of currencies required to rectify the loss or damage incurred’”
Add the following Sub-Clause (d) below sub-clause (c) of this Clause:
d) The insurance policy shall be issued by an insurance company acceptable to the employer.”
In line 2 and 3 substitute the words” from the start of work at the site” by” from the first working day after the Commencement Date”
Add the following as sub-clause (c) below sub-clause 21.2 (b)
“c) It shall be the responsibility of the Contractor to notify the Insurance Company of any change in the nature and extent of the works and to ensure the adequacy of the Insurance cover at all times during the Period of Contract.”
“There shall be no obligation for the insurance in Sub-Clause 21.1 to include loss or damage caused by those mentioned in Sub-Clause 20.4 (a)(i) to (v).”
Add the following as clause 21.5 below clause 21.4
“If the Contractor receives instruction from the Employer to insure against War risk, such insurance if normally available shall be effected, at the cost of the Employer, with Insurance Company acceptable to the Employer and shall be in the Joint names of the Contractor and the Employer.”
Add the following at the end of clause 23.1
The insurance shall be effected with an insurance company acceptable to the Employer.
Add the following at the end of clause 24.2
The insurance referred to in this clause shall be effected with an insurance company acceptable to the Employer.
Add the following as clause 29.2 and 29.3 below clause 29.1
“In case any operation connected with traffic necessitate diversion, obstruction or closure of any road, railway or any other right of way, the approval of the Engineer or Engineer’s Representative and the concerned authorities shall be obtained well in advance by the Contractor”
“If any plant (floating or otherwise) belonging to or hired by the Contractor or any sub-contractor or any person employed by the Contractor or by any sub Contractor or any materials or things therein or there from sink from any cause whatsoever, it shall immediately be reported by the Contractor to the competent authorities and the Engineer’s representative, and the Contractor shall forthwith and with dispatch raise and remove any such plant, materials or things or otherwise deal with the same as the Engineer/Engineer’s Representative or the competent authorities may direct.
The fact that such sunken plant, materials or things are insured or have been declared a total loss or do not represent any further value shall not absolve the Contractor from his obligations under this Clause to raise and remove the same.
Until such sunken plant or materials or things have been raised and removed, the Contractor shall set such buoys and display at night such lights and do all such things for the safety as may be required by the competent authorities or by the Engineer’s Representative.
In the event of the Contractor not carrying out the obligations imposed on him by this Clause, the Employer may cause to set buoys and display at night lights on such plant and raise and remove the same without prejudice to the right of the Employer to hold the contractor liable and all expenses and consequences thereon and incidental thereto shall be borne by the Contractor and shall be recoverable from him as a debt by the Employer or may be deducted by the Employer from any moneys due or which may become due to the Contractor.
Add the following proviso below Clause 30.2
“If it is found necessary for the Contractor to move one or more loads of heavy constructional plant and equipment, materials or pre-constructed units or parts of units of work over roads, highways, and bridges on which such oversized and overweight items are not normally allowed to be moved, the Contractor shall obtain prior permission from the concerned authorities. Payments for complying with the requirements, if any, for protection of or strengthening of the roads, highways or bridges shall be made by the Contractor and such expenses shall be deemed to be included in his contract price.”
Add the following as Clause 34.2 and 34.3 below Clause 34.1
a) The Contractor shall, at all times during the continuance of the Contract, comply fully with existing Acts, regulations and by- laws including all statutory amendments and re-enactments of State and Central Government and other local authorities and any other enactments, notifications and acts that may be passed in future either by the State or the Central Government or local authority, including Indian Workmen’s Compensation Act, Contract Labour (Regulation and Abolition) Act 1970 and Equal Remuneration Act 1976, Factories Act, Minimum Wages Act, Provident Fund Regulations, Employees Provident Fund Act, Schemes made under the same Act and also Labour Regulations mentioned in Annexure A to Section III, Health and Sanitary Arrangement for Workmen, insurance and other benefits and shall keep the Employer indemnified in case any action is commenced by competent authorities for contravention by the Contractor. If the Employer is caused to pay or reimburse, such amounts as may be necessary to cause or observe, or for non-observance of the provisions stipulated henceforth on the part of the Contractor, the Engineer shall have the right to deduct from any moneys due to the Contractor, his amount of Performance Security or recover from the Contractor personally any sum required or estimated to be required for making good the loss or damage suffered by the Employer. Provided, however, the Employer shall have no other responsibility in connection with the employees of the Contractor, who shall, in no case, be treated as the employees of the Employer at any time.
b) The Contractor shall pay the labourers engaged by him on the works not less than a fair wage, which expression shall mean, whether for time or piece work, the respective rates of wages fixed by the Public Works Department as fair wages for the area payable to the different categories of labourers or those notified under the Minimum Wages Act for corresponding employees of the Employer, whichever may be higher.
c) The Contractor shall, notwithstanding the provisions of a contract to the contrary, cause to be paid a fair wage to labourers indirectly engaged on the Works, including any labour engaged by Sub-Contractors in connection with the said Works as if the labourer had been directly employed by him.
d) The Contractor shall, before he commences the work, display, and correctly maintain, in a clean and legible condition at a conspicuous place on the Site, notices in English and in a language spoken by the majority of the workers, stating therein the rates of wages which have been fixed as fair wages and the hours of work for which such wages are earned and send a copy of such notices to the Engineer.
e) Wage Records
The Contractor shall maintain records of wages and other remuneration paid to his employees in such form as may be convenient and as per the requirements of the Employer/Engineer and the Conciliation Officer (Central), Ministry of Labour Government of India, or such other authorised person appointed by the Central or State Government and the same shall include the following particulars of each worker:
i) Name, Worker’s number and grade;
ii) Rate of daily or monthly wage;
iii) Nature of work on which employed;
iv) Total number of days worked during each wage period
v) Total amount payable for the work during each wage period.
vi) All deductions made from the wage with details in each case of the grounds for which the deduction is made;
vii) Wages actually paid for each wage period.
f) The Contractor shall provide a Wage Slip for each worker employed on the Works.
g) The Wage records and Wage Slips shall be preserved for at least 12 months after the last entry.
Inspection of Wage Records
h) The Contractor shall allow inspection of the aforesaid Wage Records and Wage Slips by the Engineer and by any of his employees or by his agent at a convenient time and place after due notice is received, or by the Employer or any other person authorised by him on his behalf.
i) The Employer, the Engineer or any other person authorised by them on their behalf shall have power to make inquiries with a view to ascertaining and enforcing due and proper observance of the fair Wages Clause. He shall also have the power to investigate any complaint regarding any default made by the Contractor or sub-contractor in regard to such provision.
j) The Employer shall have the right to deduct from the amount due to the Contractor any sum required or estimated to be required for making good the loss suffered by a worker or workers by reason of non-payment of the aforesaid fair wage, except on account of any deductions that may be permissible under any law for the time being in force.
k) (i) A workman shall be entitled to be represented in any investigation or inquiry under this Clause by:
a) An officer of a registered Trade Union of which he is a member
b) An officer of a federation of Trade Unions to which the Trade Union referred to in the previous Sub-Clause is affiliated.
c) Where the worker is not a member of any registered Trade Union, by an officer of a registered Trade Union connected with or by any other workmen employed in the industry in which the worker is employed.
ii) The Contractor or Sub-Contractor shall be entitled to be represented in any investigation or inquiry under this Clause by an officer of an Association of Employers of which he is member.
iii) No party shall be represented by a legal practitioner in any investigation or inquiry under this Clause, unless all parties agree otherwise.
1) Safety Provisions
The Contractor shall comply with all the precautions as required for the safety of the workmen by the I.L.O convention NO.62 as far as they are applicable to the Contract. The Contractor shall provide all necessary safety appliances such as safety goggles, helmets, masks, shoes etc., to the workmen and the staff.
i) Suitable scaffolds shall be provided for workmen for all work that cannot safely be done from the ground, or from solid construction except for such short period work as can be done safely from ladders. When a ladder is used, an extra labourer shall be engaged for holding the ladder and if the ladder is used for carrying materials as well, suitable foot-holds and hand-holds shall be provided on the ladder, which shall be given an inclination not steeper than 1/4 to 1 (1/4 horizontal in 1 vertical)
ii) Scaffolding or staging more than 3.25 metre above the ground or floor, swung or suspended from an overhead support or erected with stationary support, shall have a guard-rail properly attached, bolted, braced and otherwise secured at least 1 metre high above the floor or platform of such scaffolding or staging and extending along the entire length of the outside and ends thereof with only such openings as may be necessary for the delivery of materials. Such scaffolding or staging shall be so fastened as to prevent it from swaying from the support or structure.
iii) Working platforms, gangways and stairways shall be so constructed that they do not sag unduly or unequally, and if the height of any platform or gangway or stairway is more than 3.25 metre above ground level or floor level, it shall have closely spaced boards, have adequate width and be suitably provided with guard-rails as described in (ii) above.
iv) Every opening in the floor of a structure or in a working platform shall be provided with suitable means to prevent fall of persons or materials by providing suitable fencing or railing with a minimum height of one metre.
v) Safe means of access and ingress shall be provided to all working platforms and other working places. Every ladder shall be securely fixed. No portable single ladder shall be over 9 metre in length. The width between side rails in a rung ladder shall in no case be less than 30 cm for ladders up to and including 3 metre in length. For longer ladders, the width shall be increased at least 6 mm for each additional 30 cm of length. Spacing of steps shall be uniform and shall not exceed 30 cm.
Adequate precautions shall be taken to prevent danger from electrical equipment. No materials on any of the sites shall be stacked or placed as to cause danger or inconvenience to any person or the public. The Contractor shall provide all necessary fencing and lights to protect the public from accidents and shall be bound to bear the expenses of defending every suit, action or other proceedings at law that may be brought by any person for injury sustained owing to neglect of the above precautions and to pay any damages and costs which may be awarded in any such suit, action or proceedings to any such person or which may with the consent of the Contractor be paid to compromise any claim by any such person.
vi) Excavation and Trenching: All trenches, 1.5 metre or more in depth, shall at all times be supplied with at least one ladder for each 20 metre in length or fraction thereof. Ladders shall be extended from the bottom of the trench to at least 1 metre above the surface of the ground. The sides of a trench which is 1.5 metre or more in depth shall be stepped back to provide a suitable slope, or securely held by timber bracing so as to avoid the danger collapsing the sides. Excavated material shall not be placed within 1.5 metre of the edge of any trench or half the depth of the trench, whichever is more. Cutting shall be made from the top to the bottom. Under no circumstances shall undermining or undercutting shall be done.
vii) Demolition: Before any demolition work is commenced and also during the process of the work:
a) All roads and open areas adjacent to the work site shall either be closed or suitably protected.
b) No electric cable or apparatus which is liable to be a source of danger over a cable or apparatus used by operators, shall remain electrically charged.
c) All practical steps shall be taken to prevent danger to persons employed by the Employer, from risk of fire or explosion, or flooding. No floor, roof or other part of a building shall be so overloaded with debris or materials as to render it unsafe.
viii) All necessary personal safety equipment as considered adequate by the Engineer shall be available for use of persons employed on the Site and maintained in a condition suitable for immediate use; and the Contractor shall take adequate steps to ensure proper use of such equipment by those concerned.
a) Workers employed on mixing asphalt materials, cement, lime mortars concrete etc., and shall be provided with protective footwear and protective goggles.
b) Those engaged in handling any material which is injurious to the eyes shall be provided with protective goggles.
c) Those engaged in welding works shall be provided with welder’s protective eye-shield.
d) Stone breakers shall be provided with protective goggles and protective clothing and seated at sufficiently safe intervals.
e) When workers are employed in sewers and manholes, which are in use, the Contractor shall ensure that manhole covers are open and manholes are ventilated at least for an hour before workers are allowed to go into them. Manholes so open shall be cordoned off with suitable railing and warning signals or boards to prevent accidents to the public shall be provided.
The Contractor shall not employ men below the age of 18 years and women, on the work of painting with products containing lead in any form. Whenever men above the age of 18 years are employed on the work of lead painting, the following precautions shall be taken:
No paint containing lead or lead products shall be used except in the form of paste or ready made paint.
Suitable face masks shall be supplied for use by workers when paint is applied in the form of spray or a surface having lead paint dry rubbed and scraped.
Overalls shall be supplied by the Contractor to workmen and adequate facilities shall be provided to enable workers to wash during and at the close of day’s work.
ix) When work is done near any place where there is risk of drowning, all necessary equipment shall be provided and kept ready for use and all necessary steps taken for prompt first aid treatment of all injuries likely to be sustained during the course of the work.
x) Use of hoisting machines and tackle including their attachments, anchorages and supports shall conform to the following:
A) i) These shall be of good mechanical construction, sound material and adequate strength and free from patent defects and shall be kept in good working order and regularly inspected and properly maintained.
ii) Every rope used in hoisting or lowering materials or as a means of suspension shall be of durable quality and adequate strength and free from defects.
B) Every crane driver or hoisting appliance operator shall be properly qualified and no person under the age of 21 shall be in charge of any hoisting machine including scaffold.
C) In case of every hoisting machine and every chain hook, shackle, swivel and pulley block used in hoisting, lowering or as means of suspension, safe working load shall be ascertained by adequate means. Every hoisting machine and all gear referred to above shall be plainly marked with safe working load. In case of a hoisting machine having a variable safe working load, each safe working load and conditions under which it is applicable shall be clearly indicated. No part of any machine or any gear referred to above in the paragraph shall be loaded beyond safe working load except for the purpose of testing.
D) In case of the Employer’s machine, safe working load shall be notified by the Engineer or his Representative. As regards Contractor’s machines, the Contractor shall notify safe working load of each machine to the Engineer or his Representative whenever he brings it to the site of work and get it verified by him.
xi) Motors, gearing, transmission, electric wiring and other dangerous parts of hoisting appliances shall be provided with efficient safeguards; hoisting appliances shall be provided with such means as will reduce the risk of accident during descent of load to the minimum. Adequate precautions shall be taken to reduce to the minimum risk of any part of a suspended load becoming accidentally displaced. When workers are employed on electrical installations which are already energised, insulating mats, working apparel such as gloves, sleeves and boots, as may be necessary, shall be provided. Workers shall not wear any rings, watches and carry keys or other material which are good conductors of electricity.
xii) All scaffolds, ladders and other safety devices mentioned or described herein shall be maintained in a safe condition and no scaffold, ladder or equipment shall be altered or removed while it is in use. Adequate washing facilities shall be provided at or near places of work.
xiii) These safety provisions shall be brought to the notice of all concerned by display on a notice board at a prominent place at the work location. Persons responsible for ensuring compliance with the Safety Code shall be named therein by the Contractor.
xiv) To ensure effective enforcement of the rules and regulations relating to safety precautions, arrangements made by the Contractor shall be open to inspection by the Engineer or his Representative and the Inspecting Officer as defined in the Contractor’s labour Regulation mentioned hereafter in these Documents as Annexure A of Section III.
xv) Notwithstanding anything contained in condition (i) to (xiv) above, the Contractor shall remain liable to comply with the provisions of all acts, rules, regulations and by laws for the time being in force in India and applicable in this matter.
m) The Contractor shall be responsible for observance, by his sub-contractors, of the foregoing provisions.
n) For work carried out in the vicinity of any wharf or quay, the Contractor shall abide by all the provisions of the Dock Workers (Safety, Health and Welfare) Scheme, 1961.
o) The Contractor shall at his own expense provide footwear for all labour engaged on concrete mixing work and all other types of working involving the use of tar, cement, etc., to the satisfaction of the Engineer or his Representative, and on his failure to do so, the Employer shall be entitled to provide the same and recover the cost from the Contractor.
p) The Contractor is encouraged as far as possible to employ, in the execution of the Contract, qualified Indian citizens as workmen. Employment of expatriate personnel is subject to appropriate Indian laws and regulations. In case the Contractor wishes to employ expatriate personnel in any particular trade or skill required to execute the Contract, the Employer will assist the Contractor in obtaining permission for which the Contractor shall submit requisite data.
Model Rules for Labour Welfare
q) i) Definitions
A) Workplace means a place at which, on an average, twenty or more workers are employed
B) Large workplace means a site at which, on an average, 250 or more workers are employed.
ii) First Aid
At every workplace, there shall be maintained in readily accessible place first aid appliances including an adequate supply of sterilised dressings and sterilised cotton wool as prescribed in the Factory Rules of the State in which the work is carried on. The appliances shall be kept in good order and, in large work places, they shall be placed under the charge of a responsible person who shall be readily available during working hours.
At large workplace, where hospital facilities are not available with easy distance of the Works, First Aid Posts shall be established and be run by a trained compounded.
Where large workplaces are remotely situated and far away from regular hospitals, an indoor ward shall be provided with one bed for every 250 employees.
Where large workplaces are situated in cities, towns or in their suburbs and no beds are considered necessary owing to proximity of city or town hospitals, suitable transport shall be provided to facilitate removal of urgent cases to these hospitals. At other workplaces, some conveyance facilities shall be kept readily available to take an injured person or persons suddenly taken seriously ill, to the nearest hospital. At large workplaces, there shall be provided and maintained an ambulance room containing the prescribed equipment and in the charge of such medical and nursing staff as may be prescribed. For this purpose, the relevant provisions of the Factory Rules of the State Government of the area, where the work is carried on, may be taken as the prescribed standard.
iii) Accommodation for Labour
The Contractor shall during the progress of the work provide, erect and maintain necessary temporary living accommodation and ancillary facilities for labour at his own expense to standards and scales approved by the Engineer.
vi) Drinking Water
In every workplace, there shall be provided and maintained at suitable places easily accessible to labour, a sufficient supply of cold water fit for drinking.
Where drinking water is obtained from an intermittent public water supply, each workplace shall be provided with storage tanks where drinking water shall be stored.
Every water supply storage shall be at a distance of not less than 15 metre from any latrine, drain or other source of pollution. Where water has to be drawn from an existing well, which is within such proximity of any latrine, drain or any other source of pollution, the well shall be property chlorinated before water is drawn from if for drinking. All such wells shall be entirely closed in and be provided with a trap door which shall be dust proof and water proof.
A reliable pump shall be fitted to each covered well. The trap door shall be kept locked and opened only for cleaning or inspection which shall be done at least once a month.
v) Washing and Bathing Places
Adequate washing and bathing places shall be provided separately for men and women. Such places shall be kept in clean and drained condition.
vi) Scale of Accommodation in Latrines and Urinals
There shall be provided within the precincts of every workplace, latrines and urinals in an accessible place, and the accommodation, separately for each for these, shall not be less than at the following scale:
a) Where number of persons does not exceed 50 ................................ 2
b) Where number of persons exceeds 50 but does not exceed 100 ..... 3
c) For additional persons per 100 or part ............................................. 3
In particular cases, the Engineer shall have the power to increase the requirement, wherever necessary.
vii) Latrines and Urinals
Except in workplaces provided with water-flushed latrines connected with a water borne sewage system, all latrines shall be cleaned at least four times daily and at least twice during working hours and kept in a strictly sanitary condition. Receptacles shall be tarred inside and outside at least once a year.
If women are employed, separate latrines and urinals, screened from those for men and marked in the vernacular in conspicuous letters “ For women only” shall be provided on the scale laid down in rule (vi). Those for men shall be similarly marked “For men only”. A poster showing the figure of a man and women shall also be exhibited at the entrance to latrines for each sex. There shall be adequate supply of water, close to latrines and urinals.
viii) Construction of Latrines
Inside walls shall be constructed of masonry or other non absorbent material and shall be cement -washed inside and outside at least once a year. The dates of cement washing shall be noted in a register maintained for the purpose and kept available for inspection. Latrines shall have at least a thatched roof.
ix) Disposal of Excreta
Unless otherwise arranged for by the local sanitary authority, arrangement for proper disposal of excreta by incineration at the workplace shall be made by means of a suitable incinerator approved by the local medical health and municipal or cantonment authorities. Alternatively, excreta may be disposed off by putting a layer of night soils at the bottom of a pucca tank prepared for the purpose and covering it with a 15cm layer of waste or refuse and then covering it with a layer of earth for a fortnight (when it will turn into manure.)
x) Provisions of shelters during rest
At every workplace, there shall be provided, free of cost, four suitable sheds, two for meals and two others for rest, separately for use of men and women labour. The height of each shelter shall not be less than 3 metres from floor level to lowest part of roof. Sheds shall be kept clean and the space provided shall be on the basis of at least 0.5 sqm. per head.
At a place at which 20 or more women are ordinarily employed, there shall be provided at least one hut for use of children under the age of 6 years belonging to such women. Huts shall not be constructed to a standard lower than that of thatched roof, mud floor and wall with wooden planks spread over mud floor and covered with matting.
Huts shall be provided with suitable and sufficient openings, for light and ventilation. There shall be adequate provision of sweepers to keep the places clean. There shall be two maidservants in attendance. Sanitary utensils shall be provided to the satisfaction of local medical, health and municipal or cantonment authorities. Use of huts shall be restricted to children, their attendants and mothers of children.
Where the number of women workers is more than 25 but less than 50, the Contractor shall provide at least one hut and one maid servant to look after the children of women workers.
Size of crèche(s) shall vary according to the number of women workers employed.
Creche(s) shall be properly maintained and necessary equipment like toys, etc. Provided.
A cooked food canteen on a moderate scale shall be provided for the benefit of workers wherever it is considered necessary.
xiii) Planning, sitting and erection of the above mentioned structures shall be approved by the Engineer or his representative and the whole of such temporary accommodation shall at all times during the progress of the works be kept tidy and in a clean and sanitary condition to the satisfaction of the Engineer or his representative and at the Contractor’s expense. The Contractor shall conform generally to sanitary requirements of local medical, health and municipal or cantonment authorities and at all times adopt such precautions as may be necessary to prevent soil pollution of the site.
On completion of the works, the whole of such temporary structures shall be cleared away, all rubbish burnt, excreta or other disposal pits or trenches filled in and effectively sealed off and the whole of the site left clean and tidy, at the Contractor’s expense, to the entire satisfaction of the Engineer.
xiv) Anti-malarial precautions
The Contractor shall, at his own expense, conform to all antimalarial instructions given to him by the Engineer, including filling up any borrow pits which may have been dug by him.
Inspecting officer mentioned in the Contractor’s labour regulations or any other officer nominated on his behalf by the Engineer shall report to the Engineer all cases of failure on the part of the Contractor and/or his sub-contractor to comply with the provisions of these rules either wholly or in part and the Engineer shall impose such fines and other penalties as are prescribed in the conditions of contract.
xvi) Interpretations, etc.
On any questions as to the application, interpretation or effect of these rules, the decision of the Chief Labour Commissioner or Deputy Chief Labour Commissioner (Central) shall be final and binding.
The Employer may, from time to time, add to or amend these rules and issue such directions as it may be considered necessary for the proper implementation of these rules or for the purpose of removing any difficulty which may arise in the administration thereof.
The Contractor shall be responsible for observance by his subcontractors of the provisions in sub-clause 34.2
Add the following at the end of Clause 35.1
For Contractor’s Labour Regulation, see Annexure A to Section IV.
36.6 Unless otherwise directed or specified, at least 14 days in advance of his programmed commencement of each item of work, the Contractor shall furnish for Engineer’s consent, the methodology he intends to adopt for execution of the item giving full details of the method of working, equipment to be deployed and measures to be adopted for ensuring quality of construction and safety. The Contractor is encouraged to the extent practicable and reasonable to use Plant and materials from sources with in India.
Substitute the clause by the following:
The Employer and the Engineer and any other person authorised by them shall at all times have access to the Works and to all workshops and places where work in being prepared or from where materials, manufactured articles or machinery are being obtained for the Works and the Contractor shall afford every facility for and every assistance in or in obtaining the right to such access. The Contractor shall be responsible for all costs incurred by authorised inspection personnel when required to conduct the inspection under this clause.
Substitute the clause by the following:
“The Contractor shall commence the works on site within the period stated in the Appendix to the Tender after receipt by him of an order to this effect from the Engineer, which order shall be issued within 28 days after the receipt of the performance security in accordance with Clause 10.1 hereof. Thereafter the Contractor shall proceed with the works with due expedition and without delay.
The requirement to ‘commence the works at site’ shall be fulfilled if:-
a) A programme has been submitted in accordance with Clause 14.1
b) Residence Engineer/Site in-Charge and Site Engineer(s) with supporting staff are in position at site:
c) Equipment, material and labour for the work programmed for execution in the first 2 months, have been mobilised to the site.”
“The Contractor shall submit in quadruplicate a monthly progress report to the Engineer before the second day of every month. The format of the report shall be decided in consultation with the Engineer, to meet the work schedule requirement.
Substitute Clause 48.2 (b) by the following:
48.2 (b) Any substantial part of the permanent works, provided the continuous stretch is not less than 5 km, which has been both completed to the satisfaction of the Engineer and otherwise as provided for in the contract, occupied or used by the Employer, or.
Add the following provision at the end of first paragraph of this Clause:
Provided that no change in the unit rates or prices quoted shall be considered for items included in the priced Bill of Quantities, unless such items individually account for an amount of more than 5 (five) percent of the Contract Price and the actual quantity of work executed under the item exceeds or falls short of the quantity set out in the bill of quantities by more than 25 per cent.
The words “All Contractor’s Equipment ...... for the execution of the “Works” in the first three lines of this clause shall be substituted by the following:
“All Contractor’s equipment, temporary works and materials provided by the Contractor at the site of the works shall be of the capacity and quality approved by the Engineer and shall be deemed to be exclusively intended for the execution of the works. All these shall be operated/used and maintained in a manner acceptable to the Engineer.”
Clause 54.3 Customs Clearance
Delete the Clause in Section III and substitute the following:
54.3 Subject to the provisions contained herein the Employer will assist the Contractor, when required by furnishing letters of recommendation for obtaining expeditions clearance through customs of constructional plants, material and other things required for the works and then for re-export, if any. Ministry of Surface Transport will issue the essentiality certificate to the Contractor within two months of their fully detailed request.
The following publications may be referred to by the Contractor for guidance about Custom regulations etc. However, the responsibility for obtaining accurate and up to date information in this regard will be that of the Contractor and the Employer shall not be held liable on that account.
i) Import & Export Policy, together with amendments, if any, published by Govt. of India. Ministry of Commerce.
ii) Hand Book of Procedures, together with amendments, if any, Volume I and II published by Ministry of Commerce.
iii) Customs Tariff, together with amendments, if any, published by Central Customs.
The Contractor shall pay, and the Contract Price and/or rates named by him in his Tender for the work shall include, all customs or other import duties, harbour dues, port rates, tolls, pilotage, landing charges, warfare and local imposts and dues in respect of any materials required for the permanent or temporary works imported to India in connection with the works either in the name of the Contractor or of the Employer.
Delete the Clause in Section III and substitute the following:
The Contractor shall obtain all the relevant information regarding procedure for the import and subsequent re-export of his Equipment and materials from the Chief Controller of Imports and Exports, and the Ministry of Surface Transport, New Delhi, and shall inform himself and keep himself informed on the details of customs charges and drawback regulations as applicable to the items of constructional plant. The Contractor shall provide the necessary guarantee/bonds where these are required by the Customs notwithstanding that import licenses may be granted in the name of the Employer.
Add the following after the last sentence of the Clause:
The Contractor shall in respect of any item of Equipment held by him under any agreement for hire or hire purchase thereof notify to the Engineer in writing the name and address of the owner thereof or the name and address of the vendor named in the agreement for hire purchase thereof. A certified copy of the agreement shall be supplied to the Engineer, when required.
Add the following at the end of this Clause:
“The Contractor shall when required by the Engineer obtain and produce quotations, invoices, vouchers and accounts or receipt, from approved sub-contractors or suppliers for the execution of works under a Provisional Sum or the supply of goods or materials under Prime Cost Sum. The Contractor shall submit these to the Engineer together with such other information as the Engineer may require and upon receiving advice from the Engineer, he shall place his order for the execution of the work or the supply of such goods or materials with the Sub Contractor or supplier”
Delete Clause 60.1 to 60.10 of the General Conditions of Contract and substitute the following:
a) The Contractor shall submit an application by the 7th day of every month duly signed by the Contractor’s authorised representative approved by the Engineer in accordance with clause 15.1, for interim payment in quadruplicate to the Engineer in respect of works carried out in the previous month. The application shall include the following items, as applicable, giving all detailed calculation required for the scrutiny of the application which shall be in the sequence listed below:
i) The estimated Contract value of the permanent works executed up to the end of the month in question, at base rates and prices quoted in the Bill of Quantities and in local currency.
ii) The actual value certified for payment of the permanent works executed up to the end of the previous month, at base rates and prices quoted in the Bill of Quantities and in local currency;
iii) The estimated contract value of the permanent works at base rates and prices for the month in question, in local currency, obtained by deducting (ii) from (i)
iv) The equivalent of the amount set forth in (iii), above expressed in various currencies in which the contract price is payable and calculated by applying the proportions and the exchange rates set forth in Volume III and clause 2.12.2 section I of Volume I of the Contract.
v) The value of any variations executed up to the end of the month in question, less the amount certified in the previous interim payment certificate, expressed in the relevant amounts of foreign and local currencies, pursuant to clause 52.
vi) Amounts approved in respect of day work executed up to the end of the month in question, less amounts for daywork certified in the previous interim payment certificate expressed in the relevant amounts of foreign and local currencies.
vii) An amount reflecting any increase or decrease in cost pursuant to clause 70.1 and 70.2, expressed in the relevant amounts of foreign and local currencies.
viii) Any credit and/or debit for the month in question in respect of materials for the permanent works, in the relevant amounts; in foreign and local currencies and under the conditions set forth in sub-clause 60.2.
ix) Any amount to be withheld under the retention provisions of clause 60.3.1 determined by applying the percentage set forth in to the sum amounts under sub-paragraphs (iv), (v), (vi) and (vii) of this clause.
x) Any amounts to be deducted as repayment of the advance under the provisions set forth Clause 60.7.
xi) Any other sum, expressed in foreign and local currencies, to which the Contractor may be entitled under the contract.
xii) An amount to be deducted for all taxes in accordance with clause 78 hereof
xiii) Net amount of application which will be expressed in currencies in which the payments are to be made.”
b) Within twenty-one (21) days of receipt of the said application for interim payment, it shall be approved or amended such that in the Engineer’s opinion, the certificate reflects the amount due to the Contractor in accordance with the Contract. The amendment to the certificate should also include, if required, any amount to be deducted which may have become payable by the Contractor to the Employer including that on account of liquidated damages in accordance with Clause 47 hereof. In cases, where there is a difference of opinion as to the value of any item, the Engineer’s view shall be final and binding. When the Engineer has determined the amount due to the Contractor, he shall issue to the Employer, with a copy to the Contractor, a certificate hereinafter called “Interim Payment Certificate” certifying the amount due to the Contractor; and
c) In case no application is presented by the Contractor by the date mentioned in Sub-Clause (a) above, the estimated value of permanent work for the month as per para (iii) of Sub-Clause (a) above, will be taken as ‘Nil’ and a (negative) certificate will be issued by the Engineer incorporating any deductions, if any.
The Contractor shall be entitled to such sum as the Engineer may consider proper in respect of materials intended for but not yet incorporated in the Permanent Works provided that:
a) The materials are in accordance with the Specification for Permanent Works;
b) Such materials have been delivered to the Site, and are properly stored and protected against loss, damage or deterioration, to the entire satisfaction of the Engineer;
c) The Contractor’s records of the requirements, orders, receipts and use of materials are kept in a form approved by the Engineer, and such records are available for inspection by the Engineer;
d) The Contractor shall submit with his monthly statement the estimated value of the materials on Site together with such documents as may be required by the Engineer for the purpose of valuation of the materials. He shall also provide evidence of ownership and payment therefore;
e) Ownership of such materials shall be deemed to vest in the Employer; and
f) The sum payable for such materials on Site shall not exceed seventy five (75) percent of the related.
i) CIF price of imported materials or
ii) ex-factory/ex-warehouse price of locally manufactured materials or
iii) stockpile value of locally produced materials such as coarse aggregates and crushed stone.
a) A retention amounting to 10 (ten) percent of the amounts included in any monthly Interim Payment Certificate pursuant to sub-clause 60.1 due to the Contractor on account of items (iv), (v), (vi) & (vii) of clause 60.1 (a) shall be made by the Engineer in the first and following Certificates until the amount so retained reaches a limit of Retention Money as stated in the Appendix to Tender.
b) Upon the issue of the taking over certificate with respect to the whole of the works, one half of the Retention Money, or upon the issue of the Taking Over Certificate with respect to a Section or part of the Permanent Works only such proportion thereof as the Engineer determines having regard to the relative value of such section or part of the permanent works, shall be certified by the Engineer for payment to the Contractor.
c) Upon the expiration of the Defects Liability Period for the Works, the other half of the Retention Money shall be certified by the Engineer for payment to the Contractor. Provided that, in the event of different Defects Liability Periods having become applicable to different Sections or parts of the Permanent Works pursuant to Clause 48, the expression “expiration of the Defects Liability Period” shall, for the purposes of this Sub-clause, be deemed to mean the expiration of the latest of such periods. Provided also that if at such time, there shall remain to be executed by the Contractor any work ordered, pursuant to clauses 49 and 50, in respect of the works, the Engineer shall be entitled to withhold certification until completion of such work of so much of the balance of the retention money as shall, in the opinion of the Engineer, represent the cost of the work remaining to be executed”.
Clause 60.4.1 Place of Payment
Payment to the Contractor by the Employer shall be made in the currencies in which the contract price is payable into a bank account or accounts nominated by the Contractor, or by cheque at Contractor’s option
Clause 60.4.2 Time of Payment
Payment to the Contractor of the amount due under each of the Interim Payment Certificate issued by the Engineer shall be made by the Employer, within 30 (thirty) days of such certificate being delivered to the Employer, subject to the condition that the Employer is empowered to check any measurements. In cases of difference in measurements, if any, which can not be settled in the field, the employer shall pay 80% of the disputed amount along with the interim payment in the disputed amount. In the event of non-payment within the said period, interest shall accrue to the Contractor on a daily basis at a rate of 1/30(one by thirty) of one percent compounded per day of delay after expiry of 30 days mentioned above. however, no interest will be payable on the deduction of 20% of the disputed amount in case of difference in measurements as mentioned above.
The Engineer may make any corrections or modifications in any previous Interim Payment Certificate (other than one purporting to be a Final Payment Certificate) which might have been issued by him, and shall have power to modify or withhold any Interim Payment Certificate if the works or any part thereof are not being carried out to his entire satisfaction.
a) Within 84 days of the receipt of the letter of acceptance, the Contractor may apply to the Employer for grant of a Mobilisation advance. The Employer will make an interest - free advance to the Contractor for the costs of Mobilisation in respect of the Works in a lump sum amount equivalent to 10 (ten) per cent of the contract price named in the letter of acceptance, in types and proportionate amounts of currencies, as agreed to in the contract. Payment of the advance will be due under separate certification by the Engineer after(i) execution of the form of agreement by the parties thereto (ii) provision by the Contractor of the performance security in accordance with clause 10.1 and (iii) provision by the Contractor of a unconditional bank guarantee by a bank acceptable to the Employer in an amount equal to the Mobilisation advance. The bank guarantee shall remain effective until the advance loan has been completely repaid by the contractor out of current earnings under the contract according by the Engineer. A form of bank guarantee acceptable to the Employer is indicated in Volume III of the Tender Documents. The advance shall be used by the Contractor exclusively for Mobilisation expenditures, including the acquisition of construction plant in connection with the works. Should the Contractor misappropriate any portion of the advance, it shall become due and repayable immediately. The advance or the balance amount of the advance, as the case may be, shall also become due and payable immediately after the termination of the employment of the Contractor in accordance with Clause 63.1 hereof;
b) In addition to the advance mentioned in sub para (a) above, the Employer will pay another interest-free advance against key plant and machinery required for the work and brought to site, if so requested by the Contractor. The maximum of such advance shall be 5 (five) percent of the contract amount. In the case of new plant and equipment, the advance shall be limited to ninety percent of the price of such new plant and equipment, by the Contractor shall produce satisfactory evidence. In the case of used plant and equipment as declared, the amount of such advance for which the contractor shall be limited to ninety percent of the depreciated value of plant and equipment as may be determined by the Engineer. This advance shall be further subject to the condition that
i) such plant and equipment are considered by the Engineer to be necessary for the works,
ii) such plant and equipment are in working order, and
iii) the Contractor provides the bank guarantee by a bank acceptable to the Employer in an amount equal to the advance. Such bank guarantee to remain effective until the advance has been completely repaid by the Contractor out of current earnings under the Contract and certified accordingly by the Engineer No advance shall be granted on any piece of plant or equipment with a value of less than Rs. 50,000.00. No advance for plant and equipment shall be granted after eight months from the date of commencements, which period may be extended, if consider reasonable by the Engineer.
c) The Contractor at his option may split the bank guarantee in parts each not less than 2.5 % (two and one half percent) of the contract price aggregating separately to the amount stipulated in Clause 60.6(a) and 60.6(b). Each part shall remain effective for the period determined pursuant to Clause 60.6 (a) and 60.6(b). Such part guarantee shall be returned to the Contractor by the Engineer on recovery under the contract of the full amount covered by the part guarantee within 30 (thirty) days of the said recovery.
The total advance mentioned in sub clauses (a) and (b) of Clause 60.6 above shall be repaid as percentage deductions from the Interim Payment certified by the Engineer. Deductions shall commence in the next Interim Payment certificate following that in which the total of all such Payments [corresponding to Clause 60.1(a) (iv)] to the contractor has reached 20% (twenty) percent of the Contract Price less provisional sums, and shall be made at the rate of 20% (twenty) percent of the amount of all Interim Payment Certificates [corresponding to cl. 60.1 (a) (iii)] in the type and proportionate amounts of currencies in which the advances were made, until such time as the advances have been repaid, always provided that the advance shall be completely repaid when 90% of the contract price of the work has been paid corresponding to clause 60.1(a) (i) also further provided that irrespective of the total contract payment made to the Contractor, the repayment of the advances shall commence from the time of the Interim Payment Certificate subsequent to completion of 40 (forty) percent of the period of completion (including any extension of time as per Clause 44) after the commencement of the works pursuant clause 41.1 hereof and shall be completely recovered before the expiry of the period of completion (including any extension of time and any extension of time as per clause 44).
a) Not later than 90 (ninety) days after the issue of the Defects Liability Certificate pursuant to Clause 62.1 the Contractor shall submit a draft final statement of final account and supporting documentation to the Engineer showing in detail the value of the work done in accordance with the contract together with all further sums which the Contractor considers to be due to him or recoverable from him under the Contract upon the date of the Defects Liability Certificate (hereinafter called the “Contractor’s Draft Final Account”)
b) Within 90 (ninety) days after receipt of the Contractor’s Draft Final Account and of all information reasonably required for its verification, the Engineer shall determine the value of all matters to which the Contractor is entitled under the Contract. The Engineer shall then issue to the Employer and the Contractor a statement (hereinafter) called the “Engineer’s Draft Final Account”) showing the final amount to which the Contractor is entitled under the Contract. The Employer and Contractor shall sign the Engineer’s Draft Final Account as an acknowledgment of the full and final value of the Work performed under the Contract and shall promptly submit a signed copy (hereinafter called the “Final Account”) to the Engineer.
c) On receipt of the Final Account, the Engineer shall, within 30 (thirty) days, issue to the Employer and the Contractor a Final Payment Certificate, certifying any further monies due to the Contractor in respect of the Contract. In the event of non-payment within 60 (sixty) days of such certificates delivered to the Employer, interest shall accrue to the Contractor on a daily basis at a rate of 1/30 (one by thirty) of one percent compounded per day of delay after expiry of 60 (sixty) days mentioned above.
After completion of work and prior to final payment, the Contractor shall furnish to the Employer, a release on stamp paper for claims against the Employer arising out of the contract, other than claims specifically identified, evaluated and excepted from the operation of the release by the Contractor.”
The Employer shall not be liable to the Contractor for any matter or thing arising out of or in connection with the contract or execution of the works, unless the Contractor shall have included a claim in respect thereof in his final Account.
“The following amendments shall be incorporated in this Sub-Clause.
1. Insert the following words in parenthesis after word “reconstruction” in 4th line “with the prior permission of the Employer”.
2. Substitute sub-clause (b) (i) as under:
To commence the works within 30 days of the date of commencement in accordance with Sub-Clause 41.1, or
3. Insert the following as sub-clause (e) and the sub para starting with ‘then the Employer may, after giving 14 days’ notice to the Contractor ............ he or they may think proper’.
f) has substantially suspended the works for a period of fourteen days without authority from the Engineer and has failed to proceed with the works within 28 days of receipt of a Notice to proceed from the Engineer ; or”
g) has failed to supply sufficient or suitable constructional plant, temporary works, labour, materials as proposed in the programme for the execution of work furnished under Sub para 14.1; or
h) has failed to comply with the requirements regarding Joint Ventures and Technical Assistance as mentioned in para 2.4.4. and Technical Assistance agreement mentioned in clause 2.4.5 of Section II.
Insert the words “or progress” in the 4th line between the words ‘ Safety’ and ‘of.’
Substitute the words “shall be finally ...... related to the dispute” in the 6th to 10th line by the following:
shall be referred to the adjudication of a Committee of three arbitrators. The Committee shall be composed of one arbitrator to be nominated by the Employer, one to be nominated by the Contractor. The third who will act as the Chairman of the Committee but not as umpire, will be chosen jointly by the two nominees from a panel of five candidates, none of whom would be in regular employment of the Central and/or State Government, supplied by the Executive Committee of the Indian Roads Congress. If either of the parties fail to appoint his arbitrator or fail to agree on third nominee within sixty days after receipt of notice for the appointment of such Arbitrator, the Chairman of the Executive Committee of the Indian Roads Congress shall appoint upon request from either party and from such panel or otherwise, such Arbitrator(s) for the matter in dispute.
The decision of the majority of arbitrators shall be final and binding on the parties. All awards shall be in writing and such awards shall state the reasons for the amount awarded. Save as aforesaid and/or otherwise provided in the Contract the arbitration shall be conducted in accordance with the provisions of Indian Arbitration and Conciliation Act, 199.. when has been passed in the Parliament or any statutory modification or enactment thereof and shall be held at such place and time in India as the Committee of Arbitrators may determine.
For the purposes of this Sub-Clause the respective addresses are:
a) The Employer: To be inserted by the Ministry
b) The Engineer : To be inserted by the Ministry
69.1(a) Substitute the words ‘90 days’ in place of ‘28 days’ in the second line.
Delete sub-clause (d)
Substitute the words ‘90 days’ in place of ‘28 days’ in 4th line.
Substitute the word ‘following’ in place of the words “Part II of these conditions” at the end of the Clause. Add the following below Clause 70.1:
a) The amount payable to the Contractor and valued at base rates and prices in the Interim Payment Certificate issued by the Engineer pursuant to Clause 60.1 hereof shall be adjusted in respect of the rise or fall in the indexed costs for labour, materials and other inputs to the works, by the application of suitable price adjustments as determined by the formulae prescribed in this Clause.
b) To the extent that full compensation for any rise or fall in the costs to the Contractor is not covered by the provisions of this or other clauses in the contract, the unit rates and prices included in the contract shall be deemed to include amounts to cover the contingency of such other rise or fall in costs.
a) Variation of Price - Local Labour
The contract price will be subjected to adjustment on account of variations in the cost of labour. The adjustment will be made according to the formula given below:-
RI x (C - Co) x L
V1 = ------------------ ; where
i) V1 = Variation in price on account of local labour during the period under consideration
ii) Co = Base Cost Index related to the General Consumer Price Index for Industrial workers on an all India Basis (Base 1982 = 100 ) released by the Labour Bureau, Ministry of Labour, Government of India at the time specified in Clause 70.1(2)(f) hereinafter.
iii) C = Current cost index related to the general consumer price index for industrial workers on all India basis during the period under consideration (Base 1982 = 100 ) released by the above mentioned agency at the time specified in Clause 70.1(2)(f) hereinafter.
iv) L = A Factor of 0.2 (zero point two) representing component of all local labour costs in the Contract Price including overheads, benefits, amenities etc.
v) RI = Value of the work done during the period under consideration and payable in non-convertible Indian Rupee Currency at the base rates and prices as applicable under the contract.”
b) Variation of Price - General Materials
The contract price will be subjected to adjustment on account of general variation of prices of all materials other than specifically provided in Sub-Clause 70.1(4) hereinafter. The adjustment will be made according to the formula given below:-
RI x (I - Io) x G
V2 = ---------------------- ;
i) V2 = Variation in price on account of general variation of prices of all materials other than specifically provided in Sub-Clause 70.1(4) hereinafter.
ii) Io = Base Cost Index corresponding to the Wholesale Price in India (for all commodities) (Base 1981-82 = 100) released by the Economic Adviser, Ministry of Industry, Government of India at the time specified in Clause 70.1(2)(f) hereinafter.
iii) I = Current Cost Index corresponding to the Wholesale Price in India ( for all commodities) for the period under consideration (Base 1981-82 = 100) released by the same agency at the time specified in Clause 70.1(2)(f) hereinafter.
iv) G = Factor of 0.15 (zero point one five) representing component of all materials other than specifically provided elsewhere in the Contract.
v) RI = Value of the work done during the period under consideration and payable in non-convertible Indian Rupee Currency at the base rates and prices as applicable under the Contract.
c) Variation of Price - Petrol, Oil, Lubricants (POL)
The Contract Price will be subject to adjustment on account of variation of prices of POL. The adjustment will be made according to the formula given below:-
RI x (P - Po) x Q
V3 = ---------------------- ;
i) V3= Variation in price on account of POL during the period under consideration.
ii) Po = Base price of High Speed Diesel (HSD) at the fuel depot nearest to the site of the works, at the time specified in Clause 70.1 (2)(f).
iii) P= Current price of HSD for the period under consideration at the fuel depot nearest to the site of the works, at the time specified in Clause 70.1 (2)(f).
iv) Q = Factor of 0.05 (zero point zero five) representing the component of POL in the contract price.
v) RI = Value of the work done during the period under consideration and payable in non-convertible Indian Rupee Currency, at the base rates and prices as applicable under the Contract.
d) Price Adjustment for Plant and Equipment
Price adjustment for increase or decrease in the cost of constructional plant shall be paid in accordance with the following formula:
RI x (m - mo) x E
V4 = ---------------------- ;
i) V4 = Increase or decrease in the cost of work price of usage or due to changes in rates of construction at plant during the quarter under consideration.
ii) mo = Base cost index for machinery and machine tools in wholesale price in India (Base 1981-82 = 100) released by the Economic Adviser, Ministry of Industry, Government of India, at the time specified in Clause 70.1 (2)(f).
iii) m = Current Cost Index numbers of Wholesale Price in India for machinery and machine tools in wholesale price in India (Base 1981-82 = 100) released by the Economic Adviser, Ministry of Industry, Government of India, at the time specified in Clause 70.1 (2)(f).
iv) E = Factor of 0.05 (zero point zero five) representing the aspect of equipment usage in the contract price.
v) RI = Value of the work done during the period under consideration and payable in non-convertible Indian Rupee Currency at the base rates and prices as applicable under the contract.
e) Variation of Price -Foreign Inputs, if Any
The Contract price will be subjected to adjustment on account of general variation in prices due to all foreign inputs, if any, to be provided for by the Contractor in accordance with the details furnished by him in Schedule XIII in (Volume III) of the Contract in accordance with the formula give below:-
0.85 RF x ( F - Fo)
V5 = ---------------------- ;
i) V5 = Variation of price in Indian Rupees on account of foreign inputs, if any, during the period under consideration.
ii) Fo = Base Index as applicable to foreign inputs like cost of technical personnel, constructional plant, etc., on construction projects in the Contractor’s country, or failing which an appropriate proxy index reflecting the cost at periodic intervals, of providing an appropriate mix of expatriate personnel, imported constructional plant, etc., as the case may be, at the time specified in Clause 70.1 (2) (f) hereinafter. The relevant index to be applied for this purpose shall be indicated by the tenderer in the Appendix to the Tender.
iii) F = The official current index corresponding to Fo at the time specified in Clause 70.1 (2) (f) hereinafter. The relevant index to be applied for this purpose shall be indicated by the tenderer in the Appendix to the Tender.
iv) RF = The value of work done in Indian Rupee Currency during the period under consideration which is worked out as percentage of the total value of work done during the period under consideration and payable in convertible Indian rupee currency at base rates and prices as applicable under the contract, the percentage being as given in Schedule XIII of Section VIII, Volume VB.
All official/proxy indices to be used in the prescribed Price Adjustment Formula in this connection shall be subject to approval by the Engineer. Indices shall be appropriate for their purpose and shall relate to the Contractor’s proposed source of supply of inputs on the basis of which his Contract Price and expected foreign currency requirements shall have been computed. As the proposed basis for price adjustment, the Contractor shall have submitted along with his tender, official publication showing the values of the proposed indices as available during the 12 months preceding the closing date for submission of Tenders. The indices shall be well established and nationally recognised in the country of manufacture or origin. Preferably only government indices shall be used. The Tender shall furnish authenticated copies of the relevant published Indices as and when requested by the Employer/Engineer.
f) Base, Current and Provisional Indices
The base cost indices or prices shall be those ruling on the date 28 days prior to the closing date for the submission of Tenders. Current indices or prices shall be those ruling on the date 28 (twenty eight) days prior to the last day of the period to which a particular Interim Payment Certificate is related. In respect of selected materials specified in Clause 70.1 (4), the base price shall be assumed to be that given in schedule XV of section VIII (Volume III) of the Tender Documents (and tenderers are advised to price the tenders accordingly). If, at any time the current officially published or relevant proxy indices are not available, provisional indices as determined by the Engineer will be used, subject to subsequent correction of the amounts paid to the Contractor when the current indices become available.
g) Price Adjustment
The Price Adjustment shall be evaluated for the relevant date of each Interim Payment Certificate submitted by the Contractor pursuant to Sub-Clause 60.1 using the weighting prescribed in this Sub-Clause 70.1(2) hereof and the related current and base cost indices, subject to any changes or corrections made in accordance with sub-clause 70.1 (2) of this Clause.
h) The Adjustment Amount
The adjustable amount of each Interim Payment Certificate shall be the difference between (i) the amount which, in the opinion of the Engineer, shall be due to the Contractor pursuant to Sub-Clause 60.1 (before deducting retentions) including the amount at base rates and prices of the scheduled work carried out and Dayworks (unless otherwise adjusted) but excluding the value of materials on site, and (ii) the amounts calculated in (i) above and included in the last preceding Interim Payment Certificate issued by the Engineer. The adjustable amount shall exclude payments to nominated sub-contractors and any other amounts based upon actual cost or current prices.
I) The Adjusted Amount
The adjusted amount of each Payment Certificate shall be determined by applying the price adjustment to the adjustable amount, and shall become payable to the Contractor in accordance with the provisions of clause 60 subject to any deductions there from for retention money, liquidated damages and any other monies due to the Employer from the Contractor including the recovery of advance Mobilisation, if any.
J) Adjustment after Completion
If the Contractor shall fail to complete the works within the time for completion under Clause 43.1 adjustment of prices thereafter until the actual date of completion of the works shall be made using either the indices or prices relating to the prescribed time for completion, or the current indices or prices, whichever is more favourable to the Employer, provided that if an extension of time is granted pursuant to clause 44.1 the above provision shall apply only to adjustments made after the expiry of such extension of time.
If the Contractor shall change the country or origin of the source of supply of any input to the works, he shall immediately notify the Engineer who shall modify the price adjustment provisions subsequent to such change to reflect the relevant cost index from the actual country of origin of the input. If the currencies in which the Contract Price is expressed are different from the currencies of the sources of the relevant indices, the Engineer shall determine the correction to be applied in calculating the Price Adjustment factor in order to avoid distortions in the amount of price adjustment. Such correction shall be applied to the increment of price fluctuation in the base cost of the respective inputs and shall correspond to the ratio of the exchange rates between the respective currencies on the date of the base indices and the date of current indices as defined in Sub-Clause 70.1(2) hereof.
i) Increase or decrease of price of specified materials will be adjusted by either an addition to or a deduction from the contract price. For the purpose of this Sub-Clause :
“Specified materials” means the materials stated in Schedule XV of Section VIII (Volume III) of the Tender Documents and required on the site for the execution and completion of the permanent works.
“Basic Price” means the price for “Specified materials” indicated in Schedule XV of Section VIII in (Volume III) of the Tender Documents.
ii) a) Adjustment to the Contract Price for Bitumen
“Current Price” means the ex-refinery price for bitumen, from the nearest refinery, prevailing on the relevant date applicable for adjustment to the Contract Price, as per Clause 70.1 (2)(f).
The adjustment to the Contract Price under this Sub-Clause shall be calculated by applying the difference between the Basic and Current Prices to the quantity of bitumen (including bitumen content in cutback bitumen and/or in bituminous emulsion) which is delivered to the site for use in the permanent works as per Clause 60.2 hereof or is incorporated in permanent works.
b) Adjustments to the Contract Price for Cement
The Contract Price will be subject to adjustment on account of variations in cost of cement which is delivered to the site for use in the permanent works as per Clause 60.2 hereof or is incorporated in permanent works, according to the formula given below:
C x ( M - Mc) x Tc
Vc = ----------------------
Vc = Adjustment to the Contract Price on account of increase or decrease of cost indices of cement, as applicable.
C = Basic Price for cement, as applicable, and indicated in Schedule XV of section VIII of Volume III of the Tender Document
Mc = Base cost index for cement which shall be the index for cement as shown in ‘Index Numbers of wholesale Prices in India- By Groups and Sub-Group (Month end/year end data)’ (Base 1981- 82 = 100), released by the office of the Economic Adviser, Ministry of Industry, Government of India, prevailing at the time specified in Clause 70.1 (2)(f).
M = Current cost index for cement which shall be the index for cement and as shown in ‘Index Numbers of wholesale Prices in India - By Groups and Sub-Group (Month end/year end data )’ (Base 1981-82 = 100), released by the office of the Economic Adviser, Ministry of Industry, Government of India, relevant to the period in which cement is delivered to the site for use in permanent works as per Clause 60.2 hereof, or is incorporated in permanent works.
T = The actual quantity of Cement, which is delivered to the site for use in permanent works as for Clause 60.2 or is incorporated in permanent works.
c) Adjustments to the Contract Price for Steel
The Contract Price will be subject to adjustment on account of variations in cost of steel which is delivered to the site for use in the permanent works as per Clause 60.2 hereof or is incorporated in permanent works, according to the formula given below:
S x ( M - Ms ) x T
Vs = ----------------------
Vs = Adjustment to the Contract Price on account of increase or decrease of cost indices of steel, as applicable.
S = Basic price for steel, as applicable, and indicated in Schedule XV of Section VII of Volume III of the Tender Document.
Ms= Base cost index for steel which shall be the index for iron and steel, as shown in ‘Index Numbers of wholesale Prices in India- By Groups and Sub-Group (Month end/year end data)’ (Base 1981- 82 = 100), released by the office of the Economic Adviser, Ministry of Industry, Government of India, prevailing at the time specified in Clause 70.1(2)(f).
M= Current cost index for steel which shall be the index for iron and steel as shown in ‘Index Numbers of wholesale Prices in India- By Groups and Sub-Group (Month end/year end data)’ (Base 1981-82 = 100), released by the office of the Economic Adviser, Ministry of Industry, Government of India, relevant to the period in which steel is delivered to the site for use in permanent works as per Sub-Clause 60.2 hereof, or is incorporated in permanent works.
T = The actual quantity of Steel, which is delivered to the site for use in permanent works as for Clause 60.2 or is incorporated in permanent works.
iii) The Contractor shall use due diligence to ensure that excessive wastage of the Specified Materials shall not occur. Any Specified Materials removed from the site shall be clearly identified in the records required under paragraph (vii) of this Sub-Clause.
iv) The Contractor shall at all times have regard to suitable markets and shall, whenever buying materials, a variation in the cost of which would give rise to an adjustment of the Contract Price under this sub-clause, be diligent to buy or procure the same at the most economical prices as are consistent with the due performance by the Contractor of his obligation under the contract.
If at any time there shall have been any lack of diligence, default or negligence on the part of the Contractor, whether in observing the above requirements or otherwise, then for the purpose of adjusting the Contract Price pursuant hereto, no account shall be taken of any increase in cost which may be attributable to such lack of diligence, default or negligence and the amount by which any cost would have been decreased but for such lack of diligence, default or negligence shall be deducted from the Contract Price.
v) No other adjustment to the Contract Price on account of fluctuation in the cost of materials shall be made.
vi) In determining the amount of any adjustment to the contract price pursuant to this Sub-Clause no account shall be taken of any overheads or profits.
vii) Notice and Records
The Contractor shall forthwith, upon the happening of any event which may or may be likely to give rise to adjustment of the Contract Price pursuant to this sub-clause, give notice thereof to the Engineer and the Contractor shall keep such, books, accounts and other documents and records as are necessary to enable adjustment under this Sub-Clause to be made and shall, at the request of the Engineer, furnish any invoices, accounts, documents or records so kept and such other information as the Engineer may require.
viii) Adjustment after Date of Completion
Adjustment to the contract price, after the due date of completion of the whole of the works pursuant to Clause 43, shall be in accordance with provision of Clause 70.1(2)(j).
ix) Determination of Adjustment to Contract Price
The amount of any adjustment to the Contract Price pursuant to this sub-clause shall be determined by the Engineer in accordance with the foregoing.
Provided that, in determining all such price adjustment in accordance with the aforesaid Sub-Clauses:
a) No account will be taken of any amount by which any cost incurred by the Contractor has been increased by default or negligence of the Contractor.
b) If the Contractor shall fail to complete the work within time for completion under clause 43.1, increase or decrease of cost of specified materials shall be made using either the indices or prices relating to prescribed time for completion, or the current indices or prices, whichever is more favourable to the Employer, provided that if an extension of time is granted pursuant to Clause 44.1, the above position shall apply to the adjustments made after expiry of such extension of time.
c) On Completion of the Works and before final payment, the Contractor shall give a certificate that he has made full and complete disclosure to the Engineer of every increase or decrease in price obtained by him on all items affected by this Clause.
The following items shall not be included in the price adjustment calculation:
a) Liquidated damages
b) Retention withheld and released
c) Advance payments in the form of loans and their repayments.
d) The value of any additional or varied work valued at current price.
e) Payment to “Nominated” Sub-contractors included as “Provisional Sums” or Prime Cost items in the general cost.
Substitute by the following; “the rates of exchange to be used for currency conversion shall be the BC selling market exchange rates for similar currency transactions published by the State Bank of India on the date 28 (twenty-eight) days prior to the last date for the submission of tender. If the exchange rates are not so published for certain currencies, the tenderer shall state the rates used and the sources. For the purpose of payments, the exchange rates used for the tender shall apply for the duration of the contract, so that no currency exchange risk is borne by the tenderer.”
Substitute by the following:
Since the tender is to be expressed in a single currency but with payment to be made in more than one currency, the Contractor shall state in the Appendix to the Tender the name(s) of the currency (ies) and the percentage thereof in which he requires the payment to be made, the rate or rates of exchange applicable for calculating the payment of such proportion shall be in accordance with Clause 72.1. During the progress of the works the foreign and local currency proportions of the balance of the contract price shall be amended by mutual agreement between the Employer and the Contractor to reflect any substantial changes in the expected foreign and local currency requirements of the Contractor during the execution of the works provided that:
a) The Contractor shall inform the Employer and the Engineer whenever any such substantial change may occur; or
b) The Engineer may recommend a review of such requirements if in his judgment there is evidence of a change in the country of origin of materials, plan or services to be provided under the contract which should result in any substantial change of such expected requirements.
The Contractor shall forthwith and with despatch at his cost, raise and remove any crafts or plant (floating or otherwise) belonging to him or to any sub-contractor employed by him (including also any plant which is held by the Contractor or a sub-contractor under agreement for hire or hire purchase) which may be sunk in the course of the construction, completion or maintenance of the works or otherwise deals with the same as the Engineer may direct or until the same shall be raised and removed. The Contractor shall set all such buoys and displays at night such lights and do all such things for the safety or navigation as may be required by the Engineer. In the event of the Contractor not carrying out his obligation imposed upon him by this Clause, the Employer may buoy and light such sunken craft or plant and raise and remove the same (without prejudice to the right of the Employer to hold the Contractor liable under Clause 20 and 22 hereof) and the Contractor shall refund to the Employer all costs incurred in connection therewith.
Should the Contractor for the purpose of the contract desire to provide temporary mooring for his Craft and floating plant, he will be allowed to do so in positions and manners approved by the Engineer. The Contractor shall not lay such moorings so as to interfere with traffic in the waterways and such moorings shall be removed if and when required by the Engineer.
The Contractor shall provide and maintain upon the works sufficient, proper and efficient life-saving appliance and first-aid equipment to the approval of the Engineer and in accordance with the requirements of ILO Convention No. 62. The appliances and equipment shall be available for use at all times.
Any bribe/commission, gift or advantage given promised or offered by or on behalf of the Contractor or his partner, agent or servant or any one, on his or their behalf to any officer, servant, representative or agent of the Employer/the Engineer or to any person on his behalf in relation to the obtaining or to the execution of this or any other Contract with the Employer shall, in addition to any criminal liability which he may incur, subject the Contractor to the cancellation, of this and all other contracts with the Employer and also to the payment of any loss or damage resulting from any such cancellation. The Employer shall be entitled to deduct the amounts so payable from any money otherwise due to the Contractor under this or any other contract. Any question or dispute as to the commission of any offends under the present Clause shall be settled in accordance with the law for the time being in force and applicable in India.
The Contractor shall not disclose details of drawings furnished to him and works on which he is engaged without the prior approval of the Engineer in writing. No photograph of the works or any part thereof or plant employed thereon shall be taken or permitted by the Contractor to be taken by any of his employees or any employees of his subcontractors without the prior approval of the Engineer in writing and no such photographs shall be published or otherwise circulated without the approval of the Engineer in writing.
The Contractor and his staff shall pay all taxes, duties, levies etc., to the authorities established by or in India, as per laws applicable in relation thereto.
Advance deduction of taxes shall be made from each Interim payment Certificate as per the relevant provisions of the relevant Acts/Regulations.
Nothing in the Contract shall relieve the Contractor from his responsibility to pay any tax that may be levied in the Employer’s country in respect of such of their salaries and wages as are chargeable under the laws and regulations for the time being in force, and the Contractor should perform such duties in regard to such deductions thereof as may be imposed on him under such laws and regulations.
Except as may be provided in the contract or ordered or authorised by the Engineer, the Contractor shall not use explosives. Where the use of explosive is so provided or ordered or authorised, the Contractor shall comply with the requirements of the following Sub-Clause of this clause besides the law of the land as applicable:
The Contractor shall at all times take every possible precaution and shall comply with appropriate laws and regulations relating to the importation, handling, transportation, storage and use of explosives and shall at all times when engaged in blasting operations, post sufficient warning flagmen, to the full satisfaction of the Engineer.
The Contractor shall at all times make full liaison with and inform well in advance and obtain such permission as is required from all Government Authorities, public bodies and private parties whatsoever concerned or affected or likely to be concerned or affected by blasting operations.
The Contractor shall pay all license fees and charges which may be required for storage of explosives or in respect of any other matter whatsoever.
All works shall be carried out without unreasonable noise and disturbance. The Contractor shall indemnify and keep indemnified the Employer from and against any liability for damages on account of noise or other disturbance created while or in carrying out the works and from and against all claims, demands, proceedings, damages, costs, charges and expenses whatsoever in regard or in relation to such liability.
Subject and without prejudice to any other provision of the contract and the law of the land and its obligations as applicable, the Contractor shall take all reasonable precautions.
a) In connection with rivers, streams, waterways, drains, water courses, lakes, reservoirs and the like to prevent;
ii) Erosion of their beds or banks
iii) Pollution of the water so as to affect adversely the quality or appearance thereof or cause injury or death to animal and plant life.
b) In connection with underground water resources (including percolating water) to prevent.
i) Any interference with the supply to or obstruction from such sources.
ii) Pollution of the water so as to affect adversely the quality thereof.
The Contractor shall comply with all regulations for the time being imposed by the customs and Port Security Authorities in respect of the passage of plant, vehicles, materials, personnel through customs barriers.
This contract shall be governed by and construed in accordance with the Law of India and no suit or other proceeding relating to the contract shall be filed or taken by the Contractor in any Court of Law except in the High Court which has jurisdiction over the area in which the works lie, to hear and determine all actions and proceedings in connection with and arising out of the contract, and the Contractor shall submit to the jurisdiction of the aforesaid court of law for the purpose of any such action and proceedings.
i) The Employer shall be entitled to terminate this contract at any time for the Employer’s convenience after giving 60 days prior notice to the Contractor.
ii) In the event of such termination, the Contractor
a) Shall proceed as provided in Sub-Clause 65.7; and
b) Shall be paid by the Employer as provided in Sub-Clause 65.8
If the Contractor is a Joint Venture of two or more partners/companies, all partners of the Joint Venture shall be jointly and severally bound to the Employer for the execution of the entire contract in accordance with its terms and conditions and shall designate one of such partners to act as partner-in-charge with authority to bind the Joint Venture evidenced by a power of Attorney signed by legally authorised signatories of all partners. The partner in-charge shall be authorised to incur liabilities and to receive instructions for and on behalf of the partners of the Joint Venture, whether jointly or severally, and the entire execution of the contract (including payment) shall be carried out exclusively through the partner in-charge. The composition or the constitution of the Joint Venture shall not be altered without prior approval of the Employer.
In the event of default by any partner in the execution of his part of the contract, the Employer shall be so notified within 30 days by the partner-in-charge, or in the case of the partner -in-charge being the defaulter, by the partner nominated as the partner in-charge of the remaining joint venture. The partner-in-charge shall, within 60 days of the said notice, assign the work of the defaulting partner to any other equally competent party acceptable to the Employer to ensure the execution of that part of the contract, as envisaged at the time of Tender. Failure to comply with the above provisions will make the Contractor liable for action by the Employer under Clause 63.1 of the conditions of contract (Sections III & IV).
Notwithstanding the permission to assignment of the work of the defaulting partner to any other equally competent party acceptable to the Employer as mentioned above, all the partners of the Joint Venture will retain full and undivided responsibility for the performance of their obligations under the contract and /or for satisfactory completion of the works.
The Contractor shall duly comply with the provisions of the Apprentices Act 1961 (III of 1961 ) the rules made there under and any order that may be issued from time to time under the said Act and the said Rules and on his failure or neglect to do so he shall be subject to all liabilities and penalties provided by the said Act and the said Rules.
(Reference Clause 35.1)
CONTRACTOR’S LABOUR REGULATIONS
Regulation 1 Definition
In these regulations, unless otherwise expressed or indicated, the following words and expressions shall have the meaning hereby assigned to them:
a) “Labour” means a worker employed by a contractor directly, or indirectly, through a sub-contractor, or by an agent on his behalf on a payment not exceeding Rs. 1,600/- per month.
b) “Wages” means wages, which shall include wages for a weekly day of rest and other allowances, whether for time or piece work, after taking into consideration prevailing market rates for similar employment in the neighbour hood but shall not be less than the minimum rates of wages fixed under the payment of the Minimum Wages Act.
c) “Contractor” for the purpose of these regulations shall include an agent or sub contractor employing labour on the work taken on contract.
d) “Inspecting Officer” means any Labour Enforcement Officer, or Assistant Labour Commissioner of the Chief Labour Commissioner’s Organisation.
e) “Form “ means a form appended to these Regulations
Regulation 2 Notice of Commencement
The Contractor shall, within SEVEN days of commencement of the Works furnish in writing to the Inspecting Officer of the area concerned the following information.
a) Name and situation of the work
b) Contractor’s name and address
c) Particulars of the Department for which the work is undertaken
d) Name and address of sub-contractors as and when they are appointed
e) Commencement and probable duration of the work
f) Number of workers employed and likely to be employed
g) Fair wages for different categories of workers
Regulation 3 Hours of Work and Weekly day of Rest
i) Number of hours of work which shall constitute normal working day; the number of hours which shall constitute a normal working day for an adult shall be NINE hours. The working day of an adult worker shall be so arranged that, inclusive of intervals, if any, for rest, if shall not spread over more than twelve hours in one day. When an adult worker is made to work for more than nine hours on any day or for more than FORTY - EIGHT hours in a week, he shall, in respect of overtime work, be paid wages at double the ordinary rate of wages.
ii) Weekly day of rest : Every worker shall be given a weekly day of rest which shall be fixed and notified at least TEN days in advance. A worker shall not be required or allowed to work on the weekly rest day unless he has or will have a substituted rest day on one of the five days immediately before or after the rest day. Provided no substitution shall be made which will result in the worker working for more than ten days consecutively without a rest day for a whole day.
NOTE : The expression “ordinary rate of wages” means the fair wage the worker is entitled to.
Regulation 4 Display of Notice Regarding Wages, Weekly Day of Rest, etc.
The Contractor shall, before he commences his works on contract, display and correctly maintain and continue to display and correctly maintain in a clean and legible condition in conspicuous places on the works, notices in English and in the local language, spoken by the majority of workers, stating the rate of fair wages, the hours of work for which such wages are payable, the weekly rest days workers are entitled to and name and address of the Inspecting Officer. The Contractor shall send a copy each of such notice to the Inspecting Officer.
Regulation 5 Fixation of Wage Periods
The Contractor shall fix wages periods in respect of which wages shall be payable. No wage period shall normally exceed one week.
Regulation 6 Payment of Wages
i) wages due to every worker shall be paid to him direct. All wages should be paid in current coins or currency or in both.
ii) wages of every worker employed on the Contract shall be paid where the wage period is one week; within THREE days from the end of the wage period; and in any other case before the expiry of 7th day or 10th day from the end of the wage period depending on whether the number of workers does not exceed 1,000 or exceeds 1,000.
iii) when employment of any worker is terminated by or on behalf of the Contractor, the wages earned by him shall be paid before expiry of the day succeeding the one on which his employment is terminated.
iv) payment of wages shall be made at the work site on a working day except when the work is completed before expiry of the wage period in which case final payment shall be made at the work site with 48 hours of the last working day and during normal time.
NOTE l: The term “Working Day” means a day on which the work on which the labour is employed is in progress.
Regulation 7 Register of Workmen and Women
A register of workmen and women shall be maintained in the Form appended to the regulations and kept at the work site or as near to it as possible, and relevant particulars of every worker shall be entered therein within THREE days of his employment.
Regulation 8 Employment Card
The Contractor shall issue an employment card in the Form appended to these regulations to each worker on the day of work or entry into his employment. If a worker already has any such card with him issued by a previous employer, the Contractor shall merely endorse that employment Card with relevant entries. On termination of employment, the Employment card shall again be endorsed by the Contractor and returned to the worker.
Regulation 9 Register of Wages, etc.
i) A Register of Wages-cum-Master Roll in the Form appended to these regulations shall be maintained and kept at the Work Site or as near to it as possible.
ii) A wage slip in the form appended to these regulations shall be issued to every worker employed by the Contractor at least a day prior to disbursement of wages.
Regulation 10 Fines and Deduction which may be made from Wages
i) Wages of a worker shall be paid to him without any deductions of any kind except the following:
b) Deductions for absence from duty; i.e., from the place of his employment where he is required to work. The amount of deduction shall be in proportion to the period for which he was absent;
c) Deduction for damage to or loss of goods expressly entrusted to the employed person for custody, or for loss of money which is required to be accounted for, where such damage or loss is directly attributable to his neglect or default ; and
d) Deduction for recovery of advances or for adjustment of overpayment of wages advance granted, being entered in a register; and
e) Any other deductions which the Employer may from time to time allow.
ii) No fines shall be imposed on any worker save in respect of such acts and omissions on his part which have been approved by the Chief Labour Commissioner.
iii) No fine shall be imposed on a worker and no deductions for damage or loss shall be made from his wages until the worker has been given an opportunity of showing cause against such fines or deductions.
iv) The total amount of fines which may be imposed in any one wage period of a worker shall not exceed an amount equal to 0.3% of the wages payable to him in respect of that wage period.
v) No fine imposed on a worker shall be recovered from him by instalments, or after expiry of sixty days from the date on which it was imposed. Every fine shall be deemed to have been imposed on the day of the act or omission in respect of which it was imposed.
vi) The Contractor shall maintain both in English and the local language a list, approved by the Chief Labour Commissioner, clearly stating the acts and omissions for which penalty or fine may be imposed on a worker and display it in good condition in a conspicuous place on the work site.
vii) The Contractor shall maintain a register of fines and the register of deduction for damage or loss in the forms appended to these regulations which should be kept at the place of work.
Regulation 11 Register of Accidents
The Contractor shall maintain a register of accidents in such form as may be convenient at the work place but the same shall include the following particulars;
a) Full particulars of any labourers who met with accident.
b) Rate of Wages
e) Nature of accident and cause of accident
f) Time and date of accident
g) Date and Time when admitted to hospital
h) Date of Discharge from the hospital
i) Percentage of loss of earning capacity and disability as assessed by the medical officer.
j) Claim required to be paid under Workman’s Compensation Act.
k) Date of payment of compensation
l) Amount paid with details of the person to whom the compensation was paid
m) Authority by whom the compensation was assessed
Regulation 12 Preservation of Register
The Register of workers and the Register of Wages-cum-Muster Roll required to be maintained under these regulations shall be preserved for 3 years after the date on which the last entry is made therein.
Regulation 13 Enforcement
The Inspecting Officer shall either on his own volition or on a complaint received by him carry out investigation, and send a report to the Engineer specifying the amounts representing Worker’s Dues and amount of penalty to be imposed on the Contractor for breach of these regulations, that have to be recovered from the Contractor, indicating full details of the recoveries proposed and the reason therefore. It shall be obligatory on the part of the Engineer on receipt of such a report to deduct such amounts from payments due to the Contractor.
Regulation 14 Disposal of Amounts Recovered from the Contractor
The Engineer shall arrange payment to workers concerned within FORTY FIVE days receipt of a report from the Inspecting Officer except in cases where the Contractor had made an appeal under Regulation 16 of these regulations. In cases where there is an appeal, payment of workers dues shall be arranged by the Engineer wherever such payments arise, within THIRTY days from the date of receipt of the decision of the Regional Labour Commissioner (RLC).
Regulation 15 Welfare Fund
All moneys that are recovered by the Engineer by way of worker’s dues which could not be disbursed to workers within the time limit prescribed above, due to reasons such as whereabouts of workers not being known, death of workers, etc. and also amounts recovered as penalty, shall be credited to a fund to be kept under the custody of the Employer for such benefit and welfare of workers employed by the Contractor as the Engineer may deem fit.
Regulation 16 Appeal against decision of Inspecting Officer
Any person aggrieved by a decision of the Inspecting Officer may appeal against such decision of the Regional Labour Commissioner concerned within THIRTY days from the date of the decision, forwarding simultaneously a copy of this appeal to the Engineer. The decision of the Regional Labour Commissioner shall be final and binding upon the Contractor and the workmen.
Regulation 17 Representation of Parties
i) A worker shall be entitled to be represented in any investigation of inquiry under these regulations by an officer of a registered trade union of which he is a member or by an officer of a Federation of Trade Unions to which the said trade union is affiliated or where the workman is not a member of any registered trade union by an officer of a registered trade union. connected with, or by any other workmen employed in the industry in which the worker is employed.
ii) A contractor shall be entitled to be represented in any investigation or inquiry under these regulations by an officer of an association of contractors of which he is a member or by an officer of a Federation or association of contractors to which the said association is affiliated or by an officer of an association of employers connected with, or by any other employer engaged in the industry in which the contractor is engaged.
iii) No party shall be entitled to be represented by a legal practitioner in any investigation or inquiry under these regulations unless all parties agree otherwise.
Regulation 18 Inspecting of Books and other Documents
The Contractor shall allow inspection of the registers and other documents prescribed under these regulations by Inspecting Officers and the Engineer or his authorised Representative at any time and by the worker or his agent on receipt of due notice at a convenient time.
Regulation 19 Interpretation etc.
On any question as to the application, interpretation or effect of these regulations, the decision of the Chief Labour Commissioner or Deputy Chief Labour Commissioner (Central) as the case may be, shall be final and binding.
Regulation 20 Amendments
The Employer may from time to time, add to or amend these regulations and issue such directions as he may consider necessary for the purpose of removing any difficulty which may arise in the administration thereof.
FORMAT OF WAGE SLIP
Name of Contractor:
Name of the Worker with father/husband’s name
Nature of Employment
Rate of Wages Payable
Total attendance/Unit of work done
Date(s) on which overtime worked
Gross Wages Payable
(including nature of deductions)
Net Wages Payable
Signature/Thumb Impression of Contractor
Signature/Thumb Impression of employee
National Highways Authority of India
Structural Monitoring System, Yamuna Bridge at Allahabad/Naini
Tender Document Section V
Table of Contents
1 Introduction 3
1.1 General description of the project 3
1.2 Location of the project 3
1.3 Summary: WASHMS 4
2 General Provisions 5
2.1 General 5
2.2 Licences and Permits 6
2.3 Health, Safety and Environment 6
2.4 Work Site 6
2.5 Surveying 7
2.6 Communications and Records 7
2.7 Quality Assurance Plan and Equipment 9
3 WASHMS 10
3.1 Scope of work 10
3.2 Project limits 10
4 WASHMS detailed design and implementation 12
4.1 Parameters for monitoring wind 14
4.2 Parameters for monitoring metrology 18
4.3 Parameters for monitoring Traffic 23
4.4 Bridge Response Monitoring 25
4.5 Dynamic Characteristics 32
4.6 Data Acquisition network 32
4.7 PDAS 34
4.8 OSIS/PDAS Hardware platform 37
4.9 CSOC 38
5 WASHMS Construction phase 40
5.1 Staff 40
6 WASHMS Verification 41
6.1 System test 41
7 WASHMS Maintenance 42
7.1 Final report 42
8 Items specified by the Sub-Contractor 43
Table of Appendices
ANNEXURE - A
App A: Time Schedule
The purpose of the project is building a cable stay concrete bridge across the Yamuna River at Allahabad/Naini. The entire construction period inclusive establishment of connection roads to the bridge is 12/10-2000 to 11/2 2004. Maintenance is until 11/2 2005.
This document concerns the detailed design, implementation and first year operation of a Wind and Structural Health Monitoring System (WASHMS) for the Yamuna Bridge at Allahabad/Naini
The project is located in Allahabad in the northern part of India, Uttar Pradesh at the intersection of the Yamuna and Ganges rivers, approximately 650 kilometres South-East of New Delhi. The location in India is shown on the map.
On the map the position of the bridge in Allahabad is also shown.
This contract, concerns the independent Wind and Structural Health Monitoring System (WASHMS) for Yamuna Bridge at Allahabad/Naini.
This WAHSMS will compose of two parts, i.e. the monitoring part and the evaluation part. The monitoring part refers to the real time monitoring of lead-effects, environmental effects and bridge responses through the usage of an On-Structure Instrumentation System (OSIS) and a Portable Data Acquisition System (PDAS) for use in the construction and operation period.
The evaluation part refers to the evaluation of the current load and health conditions of the bridge based on measured and analysed results through the usage of a Computer System for Operation and Control (CSOC).
This section covers matters related to the construction work as a whole.
Matters covered by the General Conditions of Contract are not repeated in this section, except where necessary in order to provide more detailed information.
The Conditions of Contract, the Drawings and other Contract Documents shall be read in conjunction with this Specification, and matters referred to shown or described in any of the former are not necessarily repeated in the latter.
Notwithstanding the sub-division of the Specification under different headings, every part of it shall be deemed supplementary to and complementary of every other part and shall be read with it or into it so far as it may be practicable to do so.
Where the certification of the Engineer and the approval of the contracting Authority are required under these Specifications, such approval shall not relieve the Sub-Contractor of his duties or responsibilities under the Contract.
A Sub-Contractor’s Supervisor (or a more senior employee of the Sub-Contractor), who is certified, shall manage the works on Site and keep the Site Diary. When this certified person is not present on Site during the works, a competent staff member appointed by the certified person shall be present instead of him and manage the works in accordance with the Contract and keep the Site Diary.
All workmanship, goods and materials shall be to a standard as specified in these Specifications. Where no description has been made in these Specifications, all workmanship, goods and material shall be in accordance with best practice for such workmanship and material, and to a standard not less than specified in the appropriate current standard of India.
All goods and materials to be incorporated in the Works shall be new, unused, of the most recent or current models, and incorporate all recent improvements in design and materials unless provided otherwise in the Contract.
All types of tools and equipment shall be to a standard as specified in these Specifications. Where no description has been made in these Specifications, all tools and equipment shall be to a best standard related to task, design and maintenance.
All tools and equipment have to be used in proper accordance to, by authorities and supplier approved, users manual.
The Sub-Contractor shall take all relevant precautions related to safety and health of personnel as included in the TOR. The measures shall be described in a programme for health and safety prepared by the Sub-Contractor and approved by the Engineer.
All waste shall be collected as described in the TOR.
This section covers all Works and Costs involved in establishment, operation, maintenance and removal of the Sub-Contractor's organisation, camps and equipment on the Site, onshore and offshore, and the final reestablishment of the site areas. It also concerns the cost not recovered elsewhere of general obligations, liabilities and risks.
The Sub-Contractors work site can be established at the same location as the work site where the other contractors also are hosted.
The Sub-Contractor may make his own arrangements for the temporary use of any other area outside the Work Area. The Employer will not accept any responsibility or liability in connection with such other areas.
The Work Area will be handed over to the Sub-Contractor by the Employer.
At the site a connection to electric power will be provided for offices. Power consumption will be charged at prevail rates. Power connection and usage of power on site will be provided FOC by Main Contractor.
The Sub-Contractor shall maintain the Site clean and in good order during the whole construction period.
The entire Site shall be delivered upon completion of the Works, in a clean, neat and presentable condition.
Access to site onshore shall be by the existing roads supplemented with the necessary temporary roads on site.
Access to site offshore shall be by those temporary quays and piers constructed by the main Contractor Hyundai-HCC JV including the temporary roads on site.
All necessary surveying will be carried out by the Main Contractor.
The Sub-Contractor shall submit his Working Programme for the Engineers approval.
The Sub-Contractor shall submit a phased program as described in the TOR.
The Sub-Contractor shall submit detailed drawings and description 28 days before he shall commence work on site for the certification of the Engineer and the approval of the contracting Authority.
The Sub-Contractor shall submit detailed plans, 28 days before he shall commence work on site, for the Certification of the Engineer and the approval of the contracting Authority.
The Sub-Contractor shall submit detailed description of installation methods, material, equipment and staff, 28 days before he shall commence work on site, for the Certification of the Engineer and the approval of the contracting Authority.
No operation, which shall be approved by the Engineer, must start before such Approval is given.
During any kind of works on the Site, the Sub-Contractor’s nominated representative shall keep a Site as agreed by the Engineer.
The Sub-Contractor shall, when required, furnish such returns (i.e. lists and charts) of plant, labour and progress as the Engineer may direct.
The Sub-Contractor shall arrange to have record photographs of the Works. These photographs shall cover such extent of the Works as the Engineer shall direct, and shall comprise 2 sets of 200 prints taken prior to commencement of the Works, including of Site and other work areas, and then at 7 days intervals thereafter until completion.
All prints shall be marked on the reverse side with the date of exposure, name and address of the photographers, identification reference number and brief description of the work including location and direction of view.
The copyrights of all photographs shall be revert the Employer and the negatives and prints shall be delivered to the Engineer within 7 days of exposure. The photographs shall not be used for any purpose whatsoever without the Engineer’s approval.
The Sub-Contractor shall attend all meetings requested by the Engineer and the Sub-Contractor shall submit information in relation to the agenda of such meetings.
The Sub-Contractor shall submit detailed monthly progress reports. The reports shall show clearly and accurately the position of all activities associated with design, procurement, QA activities, shipping, mobilisation, site erection and installation, testing and commissioning, etc. with regard to the agreed Contractual Programme for implementation of the Project.
The progress reports shall be forwarded within the first week of the following month so that on receipt the information contained therein is not out of date.
As a minimum, the monthly progress report must include text, tabulations, charts, graphs and photographs as applicable thus providing appropriate information, both cumulative and for the past month.
A Quality Assurance System (QAS) covering all aspects of the Contract and the Works must be implemented, documented and maintained by the Sub-Contractor during the period of the Contract. The QAS shall be based on the requirements of EN ISO 9002 and EN ISO 9003. The QAS shall as a minimum consist of:
The QAS for the Company showing the overall Quality Assurance Organisation and the lines of overall responsibility, monitoring and action.
Further the overall principles and procedures for establishing of Quality Assurance Plans, Control Plans, QAS Organisation, etc. for specific Projects and Contracts, Sub-Contractors and Suppliers shall be given.
(i) Quality Assurance Plan (QAP), and
(ii) Control Plan (CP)
As a minimum the Sub-Contractor shall as part of his Tender submit the QAS for the Company, and QAP for the Works comprised by this Contract for the certification of the Engineer and the approval of the contracting Authority prior to award of Contract.
The WASHMS for Naini Bridge is a monitoring system for monitoring the structural health and performance of the bridge.
The WASHMS works will be divided into 4 parts:
The scope of work comprises as follows:
• Work site, see chapter 2.4
WASHMS detailed design and implementation, see chapter 4
WASHMS Construction phase, see chapter 5
WASHMS verification, see section 6
WASHMS maintenance, see section 7
Before start of work the Sub-Contractor shall prepare - for certifying by the Engineer and approving by the Contracting Authority - as follows:
• Work site information etc. and quality assurance system.
• Licences and permits.
• Programmes for health and safety, environment protection and explosive works.
• Delivery of instrumentation hardware.
• Detailed work program.
• Method statement for all works including detailed description of implementation method, equipment and staff.
The project limits are defined as module 1 in the Main Contractors contract.
The project limits at the abutments are defined as module 1 in the Main Contractors contract.
The WASHMS shall be designed and implemented according to the technical specifications in this section.
The Sub-Contractor shall submit detailed design and detailed description of installation methods, materiel, equipment and staff, 28 days before he shall commence work on site, for the Certification of the Engineer and the approval of the contracting Authority.
The design shall include drawings of all sensor locations, data acquisition units, control hardware and communication equipment with wire diagrams.
The software shall be properly documented and contain a manual.
For the hardware specifications other suppliers than those specified will be accepted only for sensors when the technical specifications are at least as good as those shown for example.
For the instrumentation hardware, all sensors, data acquisition units, cables, PCs, etc. being a part of the wind and structural health monitoring system shall be delivered and kept on work site at latest when work site has been established and approved by the Engineer.
The Engineer will inspect the delivery at work site. Works will not start before the Engineer has approved the delivery.
The system is divided into three components, namely the On-Structure Instrumentation System (OSIS), the Portable Data Acquisition System (PDAS) and the Computer System for Operation and Control (CSOC).
The OSIS system monitors the following parameters:
• Environmental effects
• Bridge response
Stresses and strains
The PDAS is only used for monitoring dynamic characteristics for cables.
The WAHMS will be based on a common data acquisition network for the OSIS part of the system acting as interface to the CSOC system. The OSIS hardware will be the same as the PDAS hardware, just contained in a safe cabinet and connected to the permanent sensors.
The OSIS is employed to monitor the load effects, environmental effects and response of the bridge and is composed of the following components:
Sensor system Sensors for monitoring load effects, environmental effects and response of the bridge by anemometers, temperature sensors, accelerometers, strain gauges, displacement transducers and GPS.
Distributed I/O Open industrial networks for moving data acquisition and control functions into the field will b used. By using robust networking technology to position intelligent, distributed data acquisition I/O devices closer to the sensors, significant cost savings and improved performance can be obtained. The OSIS will be based on the National Instruments distributed I/O systems that work with the following networks:
• Ethernet TCP/IP
• RS-232 and RS-485
• FOUNDATION Fieldbus H1
Distributed I/O systems include special capabilities to improve reliability, onboard diagnostics, and maintenance to maximize system uptime. Intelligent distributed systems can help implement embedded, deterministic control systems. The system can at a low cost be added further data acquisition points after installation if required.
Network System The network contains of hubs and repeaters from bridge to controlling computer, which is also placed at bridge. At bridge distributed I/O points will connect by standard Ethernet LAN cables.
Controling PC The controlling computer is responsible for carrying out the execution and control of OSIS. Overall data acquisition will be managed by National Instruments Labview software. An easy-to-use Web-enabled human machine interface (HMI) and supervisory control and data acquisition (SCADA) software system for process and supervision control applications. The software will also carry out post-processing, when not performed local by the distributed I/OI point, and archiving in MatLab format.
Load effects as follows are monitored
• Wind measurements
• Temperature measurements
• Traffic measurements
In the following sections each effect is described by measuring techniques. Locations and hardware for each type of sensor is described. The sensor types shown are those assessed to be marked leading. Other sensors suppliers will be accepted if the have the same specifications as those shown in the following.
For each sensor the data to be recorded and required post processing of the data is shown. These requirements shall be build into the controlling software.
It shall be noticed, that where cable ducts and cable tubes must be placed into the concrete, they must be able to resist temperatures up 100 ºC.
Parameters as follows will be monitored
• Wind measurements
wind turbulent intensities
Cup anemometers and wind wanes will be used to measure all wind parameters.
Wind response will be measured by Real Time Kinematic (RTK) GPS and servo accelerometers.
4.1.1 Subsystem: OSIS: Wind speeds
Parameters for monitoring
Wind speeds and wind direction. Locations as follows:
Pylon top: Level 160 m
3 Anemometers and wind vanes:
Specifications as follows:
Cup anemometer and wind vane. Range 0 - 60 m/s.
2 shielded wire pairs from sensor to signal conditioning unit. 5 V power supply for each sensor
50 Hz noise rejection and anti aliasing filters
Post processing/ Statistics
10 minutes gust and 10 minutes mead
15 m/s. Save 10 minutes time series
4.1.2 Subsystem: OSIS: GPS
Parameters for monitoring
Wind and bridge responses. Deflections for
3 RTK GPS receivers: Leica MC500.
Specifications as follows:
Update rate (10 Hz), accuracy (1 cm) and
latency (< 50 msec).
RS232 twisted pair, 220 V power supply
Sample rate 0.001 Hz (every 15 minutes)
Saving all data every 15 minutes.
15 m/s wind speed. Save time series in burst
4.1.3 Subsystem: OSIS: Accelerometers
Parameters for monitoring
Wind responses. Deflections for deck and
10 servo accelerometers: Kistler 8390A triaxial.
Specifications as follows:
Dynamic range 0 – 20 m/s².
3 twisted pair, 18 V power supply
Sample rate 20 Hz
For 10 minutes blocks
15 m/s wind speed. Save time series in 10
minutes blocks or
For the use of accelerometers in the construction phase, 50 m of cable and line drives to the accelerometers shall also be provided. There shall be developed a cable attachment device for each cable diameter used on the bridge for mounting accelerometers on the cables.
Parameters as follows will be monitored.
• Temperature measurements
Temperatures will be measure above deck, inside deck and beneath deck. Air temperature will be measured by combined sensors also measuring the relative humidity. For material temperatures both effective bridge temperature and differential bridge temperature will be measured.
Material temperature sensors will be installed and monitored in the construction period when required by the Engineer. The Engineer will instructed were and when to install and monitor sensors.
4.2.1 Subsystem: OSIS: Air temperature and relative humidity
Parameters for monitoring
Air temperature and relative humidity.:
3 Air Temperature sensors: Model HMP45C Campbell Scientific.
Specifications as follows:
PRT for temperature measurement; capacitive RH chip for RH
Accuracy ±2% over 10-90% RH; ±3% over 90-100% RH
Radiation shield recommended when exposed to sunlight
5 shielded wires to data acquisition unit.
Every 10 minutes
Saving all data every 10 minutes.
Stores all data.
4.2.2 Subsystem: OSIS: Barometric pressure
Parameters for monitoring
1 Barometric pressure sensor: Visla PTB100B Campbell Scientific.
Specifications as follows:
Measures barometric pressure over 600 to 1060 mb range
Accuracy is ±0.5 mb @ +20ºC.
6 shielded wires to data acquisition unit.
Every 10 minutes
Saving all data every 10 minutes.
Stores all data.
4.2.3 Subsystem: OSIS: Rainfall
Parameters for monitoring
Tips at 0.1 mm increments (0.004")
Orifice diameter is 24.5 cm (9.66")
Accuracy is ±1% at rates up to 1" hr-1
2-conductor shielded cable
1 reading pr. hour.
Rain intensity pr hour and day.
Saves data when it is raining.
4.2.4 Subsystem: OSIS: Air quality
Parameters for monitoring
Air temperature and relative humidity.:
1 Ai quality sensor: Campbell Scientific.
Specifications as follows:
CO2 and H2O open-path analyzer
6 shielded wires to data acquisition unit.
Every 10 minutes
Saving all data every 10 minutes.
Stores all data.
Parameters as follows will be monitored
• Axle loads and axel numbers
Statistical data on axle numbers and axle
loads are monitored by strain gauge areas placed under each separate lane
inside the deck. The statistical data is to be vehicular classified according
to the Indian Road Congress (IRC) code classification system.
4.3.1 Subsystem: OSIS: Axle loads and axle number
Parameters for monitoring
Axle loads and axle number:
Individual traffic lanes on bridge
Load effects: Parallel to bridge alignment.
4 Vibrating Wire Strain gauge sensors: Gage Technique International Ltd: TES/5.5/T
Strain Gauge Characteristics
Gauge Length: 5.5 inches.
Strain gage complete with 3 m of stranded wire
Sample rate 50 Hz
Save statistical data on vehicular classification (according to Indian Road Congress (IRC) code classification system).
Stores all statistical data.
Bridge response monitoring refers to monitoring of:
Displacement by GPS for pylon tops and dynamic characteristics for deck, cables and towers are all for practical reasons identical with the part of wind response system depending on GPS and accelerometers.
Movements at expansion joints between high bridge and approach deck sections will all be measured by traditional displacement transducers
Stresses and strains will all be monitored by strain gauges. The positions shown are only indicative. The exact position shall be decided by the detailed design. This also concerns decisions on whether to measure with ¼, ½ or full measuring bridges. The no of strain gauges shown are base