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1
NATIONAL INSTITUTE OF CONSTRUCTION
MANAGEMENT AND RESEARCH
SUMMER TRAINING REPORT
1. The Name of the Company:
Hindustan Construction Company_________
2. Name of the Project (if Applicable): Munirka Elevated Corridor Project______
Place of Work: _Vasant Kunj (New Delhi)_____
3. Department (if allocated): _______Contracts__________
4. Name of Student: ___Aritra Dhua______
5. Reg. No. __AP14005_ Batch No. 28th
Batch
6. Mailing Address:
Company Personal
Hincon House Bungalow - 1
11th
Floor Vijaya Gardens
LalBahadurShastriMarg Baridih
Vikhroli (West) Jamshedpur
Mumbai – 4000 083 Pin: 831 017
Phone No._____________ Phone No.9766735101
Email id ________________ Email id aritradhua@gmail.com
2
Contents
CHAPTER 1 ....................................................................................................................5
1. Company Profile.......................................................................................................5
CHAPTER 2 ....................................................................................................................8
2. Basic Information about the Project .......................................................................8
3. Location Plan .................................................................................................. 11
4. Layout Plan of RTR Flyover.............................................................................. 12
5. Layout Plan of Inner Ring Road Underpass ...................................................... 13
6. Elevation Plan of Skywalk................................................................................ 14
7. Site Photographs............................................................................................. 15
8. Settlement of Dispute and Arbitration ............................................................ 17
9. Completion Certificate Criteria........................................................................ 18
CHAPTER 3............................................................................................................19
10. Contract Appreciation Document................................................................... 19
11. Newspaper Clipping....................................................................................... 83
12. Conclusion..................................................................................................... 84
3
DECLARATION
I declare that the summer training report is the bonafide work carried out by Mr. Aritra Dhua,
under the guidance of Mr.Kiran Galande (Manager – Planning and Control). Further I declare
that this has not been previously formed the basis of award of any degree, summer internship,
associate-ship or other similar degrees or diplomas or summer internships, and has not been
submitted anywhere else.
Date: 13/06/2015 Aritra Dhua
Roll No. AP14005
PGP ACM-28
NICMAR-Pune
Guided By
Kiran Galande
Manager – Planning
MECP, New Delhi
Hindustan Construction Company
4
ACKNOWLEDGEMENT
I take the opportunity of submitting this dissertation to express my deep regards towards
those who have offered their invaluable assistance and guidance in the hour of need. It is
indeed with great pleasure and pride that I put forth my acknowledgement to people who
have been instrumental in the successful completion of my summer training at MECP, HCC
Ltd.
I am very thankful to our Dean PGP NICMAR Dr. Anil Agarwal, Head – ACM Pune
Prof. Smitha Yadav and our Head Placements, Pune Dr. V. Lele for facilitating me to join
HCC Ltd. as an intern, where I got not only valuable experience during my training period
but also it will really helpful to enhance my knowledge for future career growth.
I sincerely acknowledge with deep sense of gratitude and show inductance to
Mr. Verender Singh (PM). I specially thank Mr. Kiran Galande (Manager-Planning and
Control) and Mr. Raj Lanka (Manager – Contracts) for guiding and explaining various
works of Contracts department in this prestigious project of the esteemed company.
I am also grateful to other staff and site engineers for their invaluable guidance and helping
me with their expertise.
5
CHAPTER 1
1. COMPANY PROFILE
1.1. Introduction
As a pre-eminent Indian infrastructure company, established over eight decades ago, HCC
has, over the years, strongly anchored itself to India's development effort. Today it is
acknowledged as a company that continues to empower India, enabling the nation to surge
ahead in different core sectors. At the heart of all its development efforts is the attempt to
touch and improve the quality of life of people across the length and breadth of the country.
In fact, HCC, as an industry leader in engineering construction, currently nurtures projects
that span across such diverse segments as transportation, power, marine projects, oil and gas
pipeline constructions, irrigation and water supply, utilities and urban infrastructure, all of
which impact the nation and the progress of its people. HCC is bringing to bear its wealth of
engineering and construction expertise to develop infrastructure aimed at further propelling
the nation forward, into the 21st century and beyond.
HCC has remained at the forefront of India's engineering construction industry with global
management practices, which include acquiring international ISO certifications for
management systems in Quality, Occupational Health & Safety and Environment. In fact,
Environment Management is a key focus area for the Company and it is implementing
various initiatives through the government recognized Centre for Research and Development
and Innovation (CRDI), such as use of fly ash in concrete that helps reduce carbon emissions
and innovative techniques in pipeline joint testing.
Having established robust Corporate Governance norms, the Company has also set global
benchmarks in the construction industry with the fastest implementation of SAP-ERP
coupled with high levels of complexity across 28 diverse project locations. The complex
implementation of ERP at HCC's hydroelectric projects under construction at altitudes of
more than 11,000 feet in Leh, Jammu and Kashmir, remains the highest location of SAP-ERP
operations in the world.
HCC is dedicated to sustainable development. Every project and endeavour that they
undertake adheres to stringent corporate stewardship standards, ensuring that everything that
they do has a positive impact on the environment and the world around them.
6
HCC is specialized in large-scale civil constructions by leveraging new age construction
technologies. For over eight decades, HCC has been a part of prestigious projects across a
multitude of verticals, creating everything from roads and bridges to dams and barrages,
nuclear power generators and tunnels and metros. HCC has introduced many new
construction innovations in India such as concrete cooling methods, which are greatly
benefiting the industry.
The Company strongly believes in corporate stewardship. The Corporate Social
Responsibility (CSR) team works closely with key communities in which the Company
operates, undertaking initiatives that support and strengthen the communities in the areas of
HIV/AIDS, Disaster Response, Education and Water. HCC is the only Indian signatory
member of the United Nations' CEO Water Mandate which involves water management
projects at grass root levels.
1.2. HCC Group
As a group, HCC is growing at a phenomenal rate, creating value for the nation with
innovation and technology, across sectors. The results are there for all to see, in almost every
corner of the country. Their efforts continue to bring a smile on the face of Indians across the
land, whether they are farmers, executives, housewives or even children attending school.
The HCC Group today comprises of HCC, HCC Infrastructure, HCC Real Estate and Lavasa
Corporation all working in tandem to improve the life of every Indian.
The Group has gained a reputation for specializing in technically complex, new-age
construction in infrastructure projects, as well as EPC, BOT, Integrated projects.
HCC group comprises of following subsidiaries

HCC (Engineering & Construction)



HCC Infrastructure Ltd.



HCC Real Estate Ltd. (HREL)



LAVASA Corporation


HCC Concession
7
Following are the major Business Units at HCC

Hydro Business Unit



Nuclear Power and Special Projects Unit



EPC Business Unit



Water Solution Business Unit



Transportation & Marine Business Unit


1.3 About Transportation Unit
HCC has built some of the most remarkable transportation projects in India. Whether it was
India's first sea link or the redevelopment of the historic Mughal Road, HCC’s technical
knowledge and project management experience has guaranteed the successful execution of
futuristic and technologically advanced construction methodologies.
The company believes that effective project planning and coordination expertise ensures
smooth implementation. Over the last five decades, HCC have delivered some of the best
mass rapid transport systems, bridges and highways. With their legacy and knowledge
backing them, HCC has won and executed a number of projects awarded under the
prestigious National Highways Development Program. These projects have significantly
contributed to the country's development by enhancing connectivity of people and the flow of
trade nationwide.
8
CHAPTER 2
2. BASIC INFORMATION ABOUT THE PROJECT
2.1. General Description of the Project
HCC has been awarded Rs 278-crore contract by the Public Works Department (PWD) of
New Delhi. The PWD contract involve building a flyover parallel to the existing single-
carriageway on Rao Tula Ram Marg, a key south Delhi link to the airport, along with
construction of an underpass at Benito Juarez Marg and a skywalk. This improvement is
expected to decongest the stretch from IIT to the New Delhi airport. The new three-lane
flyover will commence from the existing Munirka flyover and run parallel to the RTR flyover
before descending near Niryat Bhawan. The length of the flyover will be 2.3 km.
As per Delhi MPD 2021 goals, movement on Outer Ring Road is to be made smooth and
signal free to the extent possible. This project pertains to construction of the following to
decongest the Corridor improvement of Outer Ring Road from IIT to NH-8 & its influence
areas:
Construction of
(1) Flyover on portal Structure Linking Existing Munirka Flyover in the East to the point
beyond Army RR Hospital in the West on the Outer Ring Road and
(2) Underpass at junction of BJ Marg and Inner Ring Road.
The scope of work includes:
 Construction of one parallel Flyover of Composite Steel-Concrete Structure with “U”
Shaped Steel Plate-Girders and Cast-in-Situ RCC deck Slab
 Construction of Underpass of Box shaped structure
 Construction of Skywalk in steel structure approx. 710 m long and 4 m wide with
descent/approach arms & tensile fabric roofing and structures to support lifts on both
sides of the road.
 Road widening has to be provided on both sides with flexible pavement.
 Construction of RCC drains under footpaths.
 Construction of 2.00m wide footpath with CC paver blocks finish.
 Electrification on portal flyover, the underpass, skywalk, ramps and at-grade corridor.
 Signage boards.
 The outer pre-cast surface of the crash barrier and reinforced earth wall will have
texture finish with the use of form liner.
The project is to be completed in 24 months.
9
2.2 Basic Details of the Project
Client M/s Central Public Works Department (M/s CPWD)
Package Name Munirka Elevated Corridor Project (MECP)
Project
General
Description
The scope of work includes Corridor improvement of Outer Ring Road
From IIT to NH-8 & its influence areas: Construction of
(1) Flyover on portal Structure Linking Existing Munirka Flyover In
the East to the point beyond Army RR Hospital in the West on the
Outer Ring Road and
(2) Underpass at junction of BJ Marg and Inner Ring Road. SH:- C/o
Elevated road, Underpass, Ramps, Skywalk, RCC drain, Footpath,
Cycle track, widening/straightening of road, rain water harvesting
scheme, electrical works and other allied works.
Tender No. 04/CE/F-1/PWD/GNCTD/2014-15
Commencement
of Work 27th
November 2014
Letter of
Acceptance 54(42)/EE/F-112/PWD/2014-15/415, DATED 05-11-2014
Completion 24 Months (Completion Date: 26th November 2016)
Time
Estimated cost Rs. 275.782 Crores
by Client
Work Order Rs. 278.078 Crores (Contract value is 2.05% above the Estimated cost
value Rs. 272,48,17,047/-)
10
Earnest Money Rs. 5,51,56,400/-
Date for
Submission of 15.09.2014 (Final submission specified vide letter)
Bid
Contract Type Item Rate Contract
Contract Form CPWD Model Conditions
Time limit of Within 15 days of issuance of Work Order
PBG
Defect liability
Period 12 months (From 27.11.2016 to 26.11.2017)
Security
Deposits
2.5% of the Tendered cost will be deducted from running bill @ 2.5%
of gross amount of bill separately from bills of Civil work & Electrical
work.
11
Location Plan
12
13
Plan of Inner Ring Road
Underpass
14
15
16
17
18
19
CONTRACT APPRECIATION DOCUMENT
Post Award Review
PROJECT: Corridor improvement o Outer Ring Road From IIT to NH-8 & its
influence areas: Construction of
(1) Flyover on portal Structure Linking Existing Munirka Flyover
In the East to the point beyond Army RR Hospital in the West
on the Outer Ring Road and
(2) Underpass at junction of BJ Marg and Inner Ring Road.
SH:- C/o Elevated road, Underpass, Ramps, Skywalk, RCC
drain, Footpath, Cycle track, widening/straightening of road,
rain water harvesting scheme, electrical works and other allied
works.
CONTRACT AGREEMENT NO.: Agreement No: 04/EE/F-112/PWD/2014-15executed on
05.11.2014
CLIENT:
Public Works Department, Flyover Project Division, F-112
Rao Tula Marg
Opp: KendriyaVidyalaya
CONTRACTOR:
Hindustan Construction Company Ltd.
Hincon House, LBS Marg, Vikhroli (West),
Mumbai, Maharashtra 400 083
CONTRACT TYPE: Item Rate Contract
CONTRACT FORM: CPWD Model Conditions
CONTRACTS PROJECT I.D. NO.: 083
20
CONTRACT APPRECIATION DOCUMENT
Post-Award Review
Corridor improvement of Outer Ring Road from IIT to NH-8 & its influence areas: Construction of
(1) Flyover on portal Structure Linking Existing Munirka Flyover in the East to the point beyond Army
RR Hospital in the West on the Outer Ring Road and
(2) Underpass at junction of BJ Marg and Inner Ring Road. SH:- C/o Elevated road, Underpass,
Ramps, Skywalk, RCC drain, Footpath, Cycle track, widening/straightening of road, rain water
harvesting scheme, electrical works and other allied works.
LIST OF CONTENTS:
Sr. Description
Pg.
No
1 Cover Page 20
2 List of content 21
3 Narrative of overall description of Project / observations. 22
4 Abbreviations 23
5 List of Project KEY / Salient Contract Stipulations 24
6 Schedule No. 1
Requirements / Salient points & „Time Bound‟ stipulations to be
complied with prior to Project commencement / to enable
Commencement.
31
7 Schedule No. 2 Commencement of Work 34
8 Schedule No. 3 QHSE requirements 35
9 Schedule No. 4 Payment & recoveries 36
10 Schedule No. 5 Site handing over 38
11 Schedule No. 6 Drawings & Specifications 39
12 Schedule No. 7 Variation 40
21
13 Schedule No. 8 Extension of Time 42
14 Schedule No. 9 Taxes & Levies 44
15 Schedule No. 10 Insurances 45
16 Schedule No. 11 Claim Procedure & Dispute Resolution 46
17 Schedule No. 12 Defect liability Period and Completion certificate 48
18 Schedule No. 13 Final Bill 50
19 Schedule No. 14 Force Majeure/ Subsequent Legislation 51
20 Schedule No. 15 Suspension/Termination/Foreclosure/Cancellation 52
21 Schedule No. 16 Documentation of Progress of Work 58
22 Schedule No. 17 Materials/ Plant & Machinery 60
23 Schedule No. 18 Advances 62
24 Schedule No. 19 Price variation/ Escalation 65
25 Schedule No. 20 Damages & Incentives provided in the Contract 70
26 Schedule No. 21 Contractor‟s/Contractor‟s Obligations or Compliances 72
27 Schedule No. 22 Miscellaneous Clauses 75
28 Schedule No. 23 Levy of Compensation 77
22
CONTRACT APPRECIATION DOCUMENT
Post-Award Review
Corridor improvement of Outer Ring Road from IIT to NH-8 & its influence areas: Construction of
(1) Flyover on portal Structure Linking Existing Munirka Flyover in the East to the point beyond Army RR Hospital in the West on the Outer Ring Road
and
(2) Underpass at junction of BJ Marg and Inner Ring Road. SH:- C/o Elevated road, Underpass, Ramps, Skywalk, RCC drain, Footpath, Cycle track,
widening/straightening of road, rain water harvesting scheme, electrical works and other allied works.
NARRATIVE / GENERAL
OBSERVATIONS OF CONTRACT DOCUMENT REVIEW:
The Contract is based on the General Conditions of Contract by Central Public Works Department. It is an Item Rate Contract with Special Conditions;
along with specification for Road and Bridge Works (Fourth Edition) M.O.R.T.H. and as per approved drawings and latest BSR Schedules/CPWD
Specifications.
GENERAL DESCRIPTION OF THE PROJECT
The works include Corridor improvement of Outer Ring Road from IIT to NH-8 & its influence areas: Construction of
(1) Flyover on portal Structure Linking Existing Munirka Flyover in the East to the point beyond Army RR Hospital in the West on the Outer Ring Road
and
(2) Underpass at junction of BJ Marg and Inner Ring Road. SH:- C/o Elevated road, Underpass, Ramps, Skywalk, RCC drain, Footpath, Cycle track,
widening/straightening of road, rain water harvesting scheme, electrical works and other allied works.
NICMAR Pune
23
.CONTRACT APPRECIATION DOCUMENT
Post-Award Review
ABBREVIATIONS
GCC : General Conditions of Contracts
MOSRTH : Ministry of Shipping, Road Transport&Highways
CPWD : Central Public Works Department
WBM : Water Bound Macadam
WMM : Wet Mix Macadam
CA : Contract Agreement
CD : Contract Document
PG : Performance Guarantee
SCC : Special Conditions of Contract
LOA : Letter of Acceptance
BoQ : Bill of Quantities
FOT : Form of Tender
NIT : Notice Inviting Tender
EIC : Engineer In Charge
NICMAR Pune
24
CONTRACT APPRECIATION DOCUMENT
Post-Award Review
Corridor improvement of Outer Ring Road from IIT to NH-8 & its influence areas: Construction of
(1) Flyover on portal Structure Linking Existing Munirka Flyover in the East to the point beyond Army RR Hospital in the West on the Outer Ring Road
and
(2) Underpass at junction of BJ Marg and Inner Ring Road. SH:- C/o Elevated road, Underpass, Ramps, Skywalk, RCC drain, Footpath, Cycle track,
widening/straightening of road, rain water harvesting scheme, electrical works and other allied works.
1. List of Key Salient Points
Volume, Clause,
& Page No.
2. Employer
Public Works Department Flyover Project Division F-112, Rao Tula Marg
Opp: Kendriya Vidyalaya, New Delhi - 110021
Schedule F, GCC
(p 51)
3. Engineer In Charge Executive Engineer, Flyover Project Division F-112,PWD, Delhi or Successor thereof
Schedule F, GCC
(p 51)
4. Contract Agreement Agreement No: 04/EE/F-112/PWD/2014-15 executed on 05.11.2014
Agreement deed(p
852)
5. Contract Price INR 278,07,80,954 (Based on the estimated quantities) LOA (p 852)
6. Currency Of Payments
Indian Rupees (INR)
NICMAR Pune
25
7. Commencement Of Work 27th
November 2014
PWD Letter No
54(42)/EE/F-
112/PWD/2014-
15/415 (p 852)
read with
Construction
programme, Sch F
(p 52)
8. Security Deposit
I. 2.5% of the gross amount of monthly RA Bills shall be deducted as Security Deposit
till 2.5% of Tendered value is reached.
II. Accumulated SD can be releasedagainst BG, min of Rs.5 lakh.
III. PBG initially valid up to the stipulated date of completion plus 60 days beyond that.
IV. If no complaint is pending, on record till after till after 3 months after completion of the
work and/or no communication is received from the Labour Officer to this effect till six
months after the date of completion, it will be deemed to have received the clearance
certificate and the Security Deposit will be released if otherwise due.
V. 5% PBG along with 2.5% SD will form 4.5%
Clause 1A (p 497),
45 (p 587),
Amendment Office
Memorandum No:
DG/CON/272 dt.
21.08.2013 (p 706)
of GCC
9. Defect Liability Period 12 (Twelve) Months
Cl. 17 (p 547) of
GCC
10.
Operation & Maintenance
Period
Not Applicable
11. Time For Completion 24 Months
Agreement Copy (p
852), Schedule F
(p 52)
12.
Deviations/Extent of
Variation (Time)/ Extra
Item Pricing
I. The EIC can alter, omit, add or substitute for the original specifications, drawings,
designs and instructions
II. Omit a part of the works in case of non-availability of the work front or for any other
reasons
Cl.12 (p 537),
Amendment Office
Memorandum No:
DG/CON/272 dt.
21.08.2013 (p
NICMAR Pune
26
III. The time for completion of the works shall be extend
1. In the proportion which the additional cost of the altered, additional or substituted
work, bears to the original item Rate Offered value plus.
2. 25% of the time calculated in (1) above
IV. The Contractor within fifteen days of receipt of order or occurrence of the item claim
rates, supported by proper analysis
V. EIC shall within prescribed time limit of the receipt of the claims determine the
ratesthe basis of the market rates.
VI. The Contractor shall be paid accordingly.
VII. In case of contract items, substituted items, contract cum substituted items, which
exceed the limits laid down in Schedule F (30% for Bridge & Road work, 100% for
Foundation & 100% for items in Earthwork or related items), the Contractor may
within fifteen days of receipt of order or occurrence of the excess, claim revision of
the rates, supported by proper analysis.
VIII. EIC shall within prescribed time limit of the receipt of the claims determine the rates
on the basis of the market rates.
IX. The prescribed time limits are as under:
i) If the tendered value of the work is up to 45lac: 30 days
ii) If the tendered value of work is more than 45
and up to Rs. 2.5 Crore: 45 days
iii) If the tendered value of work exceeds Rs.2.5Crore: 50 days
X. The provisions shall apply to the decrease in rates of items for the works in excess
of the limits laid down in Schedule F. The EIC shall within one month and taking into
consideration any reply within 15 days of receipt, revise the rates within 1 month of
the said period of 15 days having regard to market rates.
XI. The Contractor shall send to the EIC once every three months an up to date account
giving complete details of all claims preceding quarter failing which the Contractor
shall be deemed to have waived his right.
709), DG/CON/263
dt. 21.08.2013 (p
688), DG/CON/273
dt. 01.10.2013 (p
712) of GCC,
Schedule F (p 52)
NICMAR Pune
27
13. Advance Payment
1) Secured Advance
I. The contractor, on signing an indenture, shall be entitled to be paid up to 90% of the
assessed value of any materials which are non-perishable, non-fragile and non-
combustible and are in accordance with the contract and which have been brought
on the site in connection therewith and are adequately stored and/or protected
against damage by weather or other causes but which have not at the time of
advance been incorporated in the works.
II. When materials on account of which an advance has been made are incorporatedin
the work, the amount of such advance shall be recovered/deducted from the next
payment.
III. Such secured advance shall also be payable on other items of perishable nature,
fragileand combustible with the approval of the EIC provided the contractorprovides
a comprehensive insurance cover for the full cost of such materials.
IV. No secured advance, shall however, be paid on high-risk materials such as ordinary
glass,sand, petrol, diesel etc.
2) Mobilization Advance
Not Applicable
3) Advance Against Plant & Machinery
I.An advance for plant, machinery & shuttering may be given if requested by the
contractor in writing within onemonth of bringing such plant and machinery to site.
II.The amount of advance shall be restricted to 5% of the Tender value.
III. In the case of new plant and equipment advance shall be restricted to 90% of the
price of such new plant and equipment.
IV. In the case of second hand and used plants and equipment, advance shall be limited
to 50% of the depreciated value.
CLAUSE 10B (p
521), Amendment
Office
Memorandum No:
DG/CON/256 dt.
11.01.2012 (p
674) of GCC
NICMAR Pune
28
V. 75% of such amount of advance shall be paid after the plant & equipment is brought
to site and balance 25% on successfully commissioning
VI.No such advance shall be paid on any plant and equipment of perishable nature and on
any plant and equipment of a value less than Rs. 50,000/-
VII. The mobilization advance and plant and machinery advance bear simple interest at
the rate of 10 per cent per annum.
VIII. Recovery is from the Contractor`s bills commencing after first 10% of the gross value
of the work is executed and paid on pro-rata percentage basis to the gross value of
the work billed beyond 10% in such a way that the entire advance is recovered by
the time 80% of the gross value of the contract is executed and paid, together with
the interest.
14. Liquidated Damage
LD shall be deducted @ 1.5 % per Month of delay in the completion of the Project to be
computed on per day basis
The maximum limit of LD shall be 10% of Tendered Value of work.
Cl. 2 (p 499) of
GCC
15.
Incentive for Early
Completion
I. Incentive shall be paid @ 1 % of the tendered value per month computed on
perday basis.
II. The maximum limit of Incentive shall be 5% of the Tendered Value.
III. No Bonus payable if work completed after stipulated date of completion even if
the EOT is granted without levy of compensation.
Cl. 2A (p 501)
Amendment -Office
Memorandum No:
DG/CON/266 dt.
02.05.2013 of
GCC (697),
Schedule F (p 52)
NICMAR Pune
29
16.
Rate of Progress
(Milestones)/ LD on delay
in achieving Milestone
Sl.
No
.
Time
Allowed in
months
(from date
of start)
Financial
Progress
Time allowed
(from date of start)
1.
6
25 Crores Work
done
Underpass: Road Widening – 1.5Kms,
0.5km Drain on each side of BJ Marg,
20m Base Slab & Retaining Wall
Parallel Flyover (Army R&R Hospital
End): Road Widening 1km, 0.50km
Drain, 40Piles, 6 Pile Caps, 4 Piers
complete, Fab of 1 span Steel U Girder
complete and reached site
Parallel Flyover (Munirka End): Road
Widening 800m, 40Piles, 6 Pile Caps, 4
Piers complete, Fab of 1 span Steel U
Girder complete and reached site
2.
11
80 Crores Work
done
Underpass: Road Widening & Total
Drains on each side of BJ Marg
complete, Underpass of 100m Length,
Another 100m Base Slab & Retaining
Wall. Ramps: 150m Complete
Parallel Flyover: Road Widening &
Drains Complete, 240Piles, 50 Pile
Caps, 40 Piers, 20 Portal Frames, Fab
of 25 spans Steel U Girder complete
and reached site. Deck Slab of 15
Spans of flyover, 50% RE Wall panels
casting, Crash Barrier panel for 10
Spans Complete
Cl. 5 of GCC
Schedule F –
Annexure: 2 (p 61),
Minutes of Pre-Bid
Meeting: 22.07.14
(p 388)
NICMAR Pune
30
I. In event of non-achieving the necessary progress, 1% of the tendered value of work
will be withheld for failure of each mile stone.
3.
16
150 Crores Work
done
Underpass: Road Widening & Total
Drains for BJM & San Martin Marg
complete, Underpass on Ring Road
complete. Ramps: 400m Complete,
Skywalk: 200m Structural Work
complete
Parallel Flyover: All Piles, 120 Pile
Caps, 80 Piers, 45 Portal Frames, Fab
of 60 spans Steel U Girder complete
and reached site. Deck Slab of 40
Spans of flyover, RE Wall panels
casting & 75% erection complete, Crash
Barrier panel for 50 Spans & fixing for
20 Spans Complete.
4.
20
225 Crores Work
done
Underpass: Road Widening for BJM &
San Martin Marg complete, All Ramps
Complete, Skywalk: 500m Structural
Work complete
Parallel Flyover: All Pile Caps, 80 Piers,
Portal Frames, Fab of all spans Steel U
Girder complete and reached site. Deck
Slab of 70 Spans of flyover, RE Wall
panels casting & 75% erection
complete, Crash Barrier panel for 50
Spans & fixing for 30 Spans Complete.
5. 24 Full Full
NICMAR Pune
31
Schedule No. 1, Requirements / Salient points to be complied prior to commencement / to enable Commencement
Sr. Clause
Page
No.
Volume Clause Description Clause Observations / Pertinent Point
1.
Cl. 1 (p 427),
GCC read with
Schedule F
Performance Guarantee
1. PG shall be submitted within 15 days from the date of issue of letter of
acceptance(Read with Schedule F)
2. Maximum allowable Extension with late fee @0.1% per day of PG
amount beyond the period provided above is 7 Days (Read with
Schedule F)
3. PG of 5% of the Contract Price to be submitted
4. Bank Guarantee against PG shall be valid upto60 days beyond
stipulated date of completion. (To be extended with the extension of
time)
5. PWD can encash PG if Contractor fails to:
 Validate the PG during extended period
 Pay any dues to President of India within 30days of service of
notice.
2.
Cl. 5.1 (p
505)Amendment
-Office
Memorandum
No:
DG/CON/271 (p
704) of GCC,
Construction Programme
1) Contractor to submit the Time and Progress chart for each
milestone and get it approved by the Dept as soon as the contract
is signed.
2) For works costing more than 20 Crore, Project Management shall
be done using Primavera Software.
3) The Contractor shall prepare an integrated programme chart
showing all activities with details of manpower, equipment&
machinery required for completion within stipulated time and submit
to EIC within 10 days of award of Contract.
4) A recovery @ Rs.5000 shall be made on per day basis in case of
delay in submission of the programme.
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32
5) The programme must include:
a) Descriptive Note explaining sequence of various activities.
b) Network (PERT/CPM/Bar Chart).
c) Programme for procurement of materials and
machinery/equipment, shuttering schedule.
6) If EIC feels actual progress doesn‟t conform to the approved
programme then contractor must submit revised programme within
7 days
a) A recovery @ Rs.5000 shall be made on per day basis in case
of delay in submission of the programme.
7) The Contractor must submit the progress report of previous month
using Primavera with Baseline to EIC on or before 5th
of each
month.
8) A recovery @ Rs.5000 shall be made on per day basis in case of
delay in submission of the monthly progress report.
3.
Clause 3.25 (p
83)of SCC
Submission of Insurance
Contractor shall provide insurance covers in the joint names of EIC and
Contractor from the start date to end of DLP:
a. Contractor‟s all risk and third party cover.
b. Liability under the workman‟s compensation act 1923, Minimum
wages act 1923, Minimum wages act 1948 & contract labour Act
1970.
c. Accident to staff, Engineers, Supervisors & others who are not
governed by Workman‟s compensation act of the contractor &
department
d. Damage to material, machinery & works due to fire, theft, flood
etc.
If Contractor fails to take such insurance cover, PWD shall voluntarily
take such insurance policies and premium thereof shall be recovered
from the Contractor‟s due or security deposit.
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33
The contractor shall provide coverage Against:
a) Loss of life or injury involving public, employee of the contractor or
that of the department, labour etc.
b) Loss or damages to the finished works / WIP
c) Loss or damage to the works or property belonging to public, Govt
bodies, local authorities, utility organizations, contractors,
employers or others.
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34
Schedule No. 2: Commencement of Work
Sr. Clause
Page
No.
Volume Clause Description Clause Observations / Pertinent Point
4. NIT 34 Handing over of Site
Full site of work is available, but because of the necessity of keeping
traffic flowing on both Inner Ring Road & Outer Ring Road, the site for
the work will be made available in parts. Around 90% of site will be made
available at the time of award of work.
Balance 10% (approx) site shall be made available within 12 months
after date of start of work.
There are a few underground services which may require shifting during
construction. If required, PWD will make arrangements for shifting of
these services within six months of request made by the agency.
Necessary hindrance will be allowed only if any service is not shifted
within this period.
5.
LOA dt:
24.11.2014 , Cl
5.1 of Sch F
(p.52)
854 Commencement of
Works
22 days after issue of this letter
6.
LOA dt:
24.11.2014 , Cl
5.1 of Sch F
(p.52)
854 Start Date 22 days after issue of this letter
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35
Schedule No. 3: QHSE Requirements
Sr. Clause
Page
No.
Volume Clause Description Clause Observations / Pertinent Point
7.
CPWD Safety
Code (P 589)
Safety, Security and
protection of the
Environment.
Please read the entire Clause.
8.
Material
Specifications
6.1.2 (p 113)
Cost of Samples Please read the entire Clause.
9.
Material
Specifications
6.1.2 (p 113)
Costs of Tests Please read the entire Clause.
10.
Material
Specifications
6.1.2 (p 113)
Costs of tests not provided
for
Please read the entire Clause.
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36
Schedule No. 4: Payment & Recoveries
Sr. Clause
Page
No.
Volume Clause Description Clause Observations / Pertinent Point
Clause 1A (p
427), 45 (p
587),
Amendment
Office
Memorandum
No:
DG/CON/272
dt. 21.08.2013
(p 706) of GCC
Security Deposit
I. 2.5% of the gross amount of monthly RA Bills shall be deducted as
Security Deposit till 2.5% of Tendered value is reached.
II. Accumulated SD can be releasedagainst BG, min of Rs.5 lakh.
III. PBG initially valid up to the stipulated date of completion plus 60
days beyond that.
IV. If no complaint is pending, on record till after till after 3 months after
completion of the work and/or no communication is received from
the Labour Officer to this effect till six months after the date of
completion, it will be deemed to have received the clearance
certificate and the Security Deposit will be released if otherwise
due.
5% PBG along with 2.5% SD will form 4.5%
Cl. 6 (p 507) of
GCC, Schedule
F (p 52) Measurement of Work done
I. EIC shall ascertain by measurement of items, the value except as
otherwise provided.
II. Measurements shall be taken jointly byEIC or his authorized
representatives and the Contractorfrom time to time and signed
and dated by EIC and Contractor or their representatives.
III. If the contractor or his rep is not available and the work of
recording measurements is suspended by the EIC or his rep, the
EIC & Dept will not entertain any claim for any loss of damage by
the contractor.
IV. If the Contractor or his rep is not present after getting a notice 3
days In advance or fails to countersign or record objection within a
week from the date of the measurement, then such
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37
measurements recorded in his absence by the EIC or his rep shall
be deemed to be accepted by the contractor.
V. Contractor shall give not less than 7 days to EIC to measurethe
works before going the same is covered and placed beyond the
reach of measurement.
Cl. 18A (p 549) Recovery of Compensation
paid to Workman
Govt. shall recover from the Contractor the amount so paid to the
Workman as per Section 2 of the Workman Compensation Act 1923.
Please read the entire Clause.
Cl. 18B (p 551) Ensuring payment and
amenities to Workers if
Contractor fails
If the Contractor fails to pay wages to the workman employed, provide
welfare and health amenities as per the Act, then Govt. shall recover such
amounts from the Security Deposit or from any sum due to Contractor.
Please read the entire Clause.
Clause 1A (p
427), 45 (p
587),
Amendment
Office
Memorandum
No:
DG/CON/272
dt. 21.08.2013
(p 706) of GCC
Release of Security
Deposit
If no complaint is pending, on record till after till after 3 months after
completion of the work and/or no communication is received from the
Labour Officer to this effect till six months after the date of completion,
it will be deemed to have received the clearance certificate and the
Security Deposit will be released if otherwise due.
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38
Schedule No. 5: Site Handing Over
Sr. Clause
Page
No.
Volume Clause Description Clause Observations / Pertinent Point
Site
Conditions
5.2 (p 109) Utility shifting
 Contractor shall be responsible for identifying existing services by
coordinating with local authorities or making trial pits for shifting of
Telephone lines/ cables of MTNL, Power Cables of
NDPL/BSES/NDMC, sewer & water supply lines of
DJB/MCD/NDMC,transmission lines of Delhi Transco Ltd/ BSES,
gas lines of GAIL & IGL, Bus Q-shelters of DTC etc. PWD will take
necessary steps to relocate these services in consultation with the
concerned departments.
 No claim for payment/any damages on account of any hindrances
due to relocation of services shall be entertained.
 If any delay occurs on this account, then PWD will consider the
case for suitable extension of time for the actual delay.
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39
Schedule No. 6: Drawings and Specifications
Sr. Clause
Page
No.
Volume Clause Description Clause Observations / Pertinent Point
Cl. 4.1.2 of
General Scope
of Work (p
106), Cl. 3.34 of
SCC (p 88)
Specifications, drawings,
orders etc
Contractor shall conform exactly to the design & drawings finalized by
PWD. For some items like Reinforced Earth Wall, Bearings, Expansion
Joints and Temporary Works etc, the contractor shall submit
design/drawing of specialized Contractor for approval & acceptance by
PWD before execution.
(Please read the entire Clause).
Tender drawings are indicative. Contractor shall work as per the GFC
drawings issued at site and nothing extra shall be paid on this account.
Cl. 28 of GCC
(p 567) Action where no
specifications are specified
In case of works/items where no specification have been referred,
Contractor shall carry out the works as per:
1. Bureau of Indian Standards
In case there are no specifications in BIS, works should be carried out as
per:
a. Manufacturer‟s specifications.
b. District Specificationsor
c. As per the instructions and requirements of EIC
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40
Schedule No. 7: Variations/Deviations
Sr. Clause
Page
No.
Volu
me
Clause Description Clause Observations / Pertinent Point
Cl. 12 (p 537),
Amendment Office
Memorandum No:
DG/CON/263 dt.
20.12.2013 (p 688)
of GCC
Deviation/Variation Extent
and Pricing
The EIC can,
 Alter, omit, add or make substitutions to the original
specifications, drawings, designs and instructions during the
Project execution.
 Omit a part of the works in case of non-availability of the work
front (EIC to convey the same in writing)
The time for completion of the works shall be extended as
 Pro rata of the additional cost to the original Tendered value plus.
 25% of the time calculated above or such further additional time
as maybe considered reasonable by the EIC.
Cl. 12.2 (p 537)
Amendment Office
Memorandum No:
DG/CON/272 dt.
21.08.2013 (P 709)
of GCC
Deviation, Extra Items and
Pricing
In case of extra items;
 Contractor shall claim rates for the occurrence of such extra item
within 15 days of receipt of such order, supported with rate
analysis.
 EIC after approval from Competent Authority shall within
prescribed time limit determine the rate based on the market
rates.
Cl. 12.2 (p 539),
Amendment Office
Memorandum No:
DG/CON/272 (p
709), 263 (p 689),
Deviation, Substituted
Items, pricing
 If the market rate of the substituted item is higher than the market
rate of the agreement item being substituted, then the rate
payable to the Contractor for the substituted item shall be the rate
for the agreement item (to be substituted) so increased to the
extent of the difference between the market rates of substituted
NICMAR Pune
41
273 (p 714) of GCC item and the agreement item (to be substituted).
 If the market rate of the substituted item is lower than the market
rate of the agreement item being substituted, then the rate
payable to the Contractor for the substituted item shall be the rate
for the agreement item (to be substituted) so decreased to the
extent of the difference between the market rates of substituted
item and the agreement item (to be substituted).
Cl. 12.2 (p 539)
Amendment Office
Memorandum No:
DG/CON/272, (p
709), 263 (p 689),
273 (p 714) of GCC
Deviation, Deviated
Quantities, pricing
 In case of contract items, substituted items which exceed the
limits laid down in Schedule F, then Contractor shall within 15
days of receipt of such orders or occurrence of the excess, claim
revision of rates with proper supported documents. If the rates so
derived are higher that the contract rate, the EIC within 1 month
after receiving such claims supported by analysis, shall determine
the rates based on the market rates.
Cl. 12.3A (p 539)
Amendment Office
Memorandum No:
DG/CON/272, (p
709), 263 (p 689),
273 (p 714) of GCC
 EIC may also decrease such rates of the exceeded item after
notifying the Contractor within 1 month of such occurrence and
after considering the reply from Contractor in this regard
(Contractor to reply within 15 days).
Cl. 12.4 of GCC (p
539)
 Once every 3 months, Contractor shall give the EIC an up-to-
date statement showing all claims for additional payments and all
additional work ordered by the EIC (after approval from the
Competent Authority) and which has been executed during the
preceding quarter.
 Contractor is deemed to waive off its rights to claim such
payments if it fails to furnish such report once in 3 months.
 Superintending Engineer is authorized to consider such cases
based on merits of the claim.
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42
Schedule No. 8: Extension of Time
Sr. Clause
Page
No.
Volume Clause Description Clause Observations / Pertinent Point
Cl. 5 (p
505),
Amendme
nt Office
Memorand
um No:
DG/CON/2
71 (p 704),
272 (p
707) of
GCC,
Schedule
F (p 52)
Time and Extension for delay
I. Contractor shall commence the works from such day as mentioned
in Schedule F or from the date of handing over of the site
whichever is later
II. Contractor to submit the Time and Progress chart for each
milestone and get it approved by the Dept as soon as the
contract is signed.
III. For works costing more than 20 Crore, Project Management shall
be done using Primavera Software.
IV. The Contractor shall prepare an integrated programme chart
showing all activities with details of manpower, equipment &
machinery required for completion within stipulated time and
submit to EIC within 10 days of award of Contract
V. A recovery @ Rs.5000 shall be made on per day basis in case of
delay in submission of the programme.
VI. The programme must include:
a. Descriptive Note explaining sequence of various activities.
b. Network (PERT/CPM/Bar Chart).
c. Programme for procurement of materials and
machinery/equipment, shuttering schedule.
VII. If EIC feels actual progress doesn‟t conform to the approved
programme then contractor must submit revised programme
within 7 days
a. A recovery @ Rs.5000 shall be made on per day basis in
case of delay in submission of the programme.
VIII. The Contractor must submit the progress report of previous
month using Primavera with Baseline to EIC on or before 5th
of
each month.
IX. A recovery @ Rs.5000 shall be made on per day basis in case of
NICMAR Pune
43
delay in submission of the monthly progress report.
X. If works are delayed due to:
a) Force majeure, or
b) Abnormally bad weather, or
c) Serious loss or damage by fire, or
d) Civil commotion, local commotion of workmen, strike or
lockout affecting any of the trades employed on the work, or
e) Delay on the part of other contractors engaged by EIC,
f) Non availability of stores, which are the responsibility of
Govt to supply, or
g) Non availability or breakdown of tools and plants supplied
by Govt or,
h) Any other cause which, in the absolute discretion of the EIC
is beyond the Contractor‟s control
I. Request for the rescheduling of Milestones and extension of time,
be made by the Contractor in writing within 14 days of the
happening of such event causing delay in prescribed form.
II. Extension shall be communicated to the Contractor by the EIC in
writing, within 3 months or 4 weeks of the date of receipt of such
request resp.
III. Non application by the Contractor for extension of time/
rescheduling of Milestones shall not be a bar for giving a fair and
reasonable extension/ rescheduling of milestones by the authority
(EOT: Executive Engg, Rescheduling of Milestones: Project
Manager) and this shall be binding on the Contractor.
NICMAR Pune
44
Schedule No. 9: Taxes & levies
Sr. Clause
Page
No.
Volume Clause Description Clause Observations / Pertinent Point
Cl. 37 of
GCC (p
581)
Levy/Taxes payable by the
Contractor
Contractor shall pay:
a. Sales tax/VAT, BOCW or any other tax or cess wrt this contract
b. Service Tax to be paid by Contractor to the concerned Dept on
demand and reimbursed to him by EIC.
c. Royalty and obtain necessary permits for supply of red bajri, stone,
kankar etc from local authorities
d. Any taxes or cess payable by Govt of India and not by Contractor,
then the amount shall be recovered from the duesof the Contractor.
Cl. 38 of
GCC (p
581)
Conditions for reimbursement
of Levy/Taxes if levied after
receipt of tenders
Contractor shall be reimbursed all taxes applicable after last date of
submission of bid (Including all extensions)
However, Contractor shall keep necessary book of accounts and other
relevant documents for quantification and shall notify EIC within 30 days of
such imposition of taxes in writing with proof.
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45
Schedule No. 10: Insurances
Sr. Clause
Page
No.
Volume Clause Description Clause Observations / Pertinent Point
Cl. 3.25 of
SCC (p
83) Insurance
Contractor shall provide insurance covers in the joint names of EIC and
Contractor from the start date to end of DLP against:
a) Loss of life or injury involving public, employee of the contractor or
that of the department, labour etc.
b) Loss or damages to the finished works / WIP
c) Loss or damage to the works or property belonging to public, Govt
bodies, local authorities, utility organizations, contractors,
employers or others.
If Contractor fails to take such insurance cover, employer shall voluntarily
take such insurance policies and premium thereof shall be recovered from
the Contractor‟s due or security deposit.
NICMAR Pune
46
Schedule No. 11: Claim Procedures & Dispute Resolution
Sr. Clause
Page
No.
Volume Clause Description Clause Observations / Pertinent Point
Cl. 25 (p 563),
Amendment
Office
Memorandum
No:
DG/CON/255 (p
666) of GCC,
Schedule F (p
55)
Settlement of Dispute and
Arbitration
In case of any dispute related to the contract:
I. If the Contractor is of the opinion that any piece of work to be
considered out of the Contract and the same has been rejected by
EIC then,
II. Contractor within 15 days request Superintending Engineer in
writing for decision. Thereupon, Superintending Engineer shall give
his decision within 1 month from the date of receipt of such request
III. If the decision given by Superintending Engineer is not acceptable
to the Contractor, then the Contractor may within 15 days from the
date of receipt of such written decision appeal to the Chief
Engineer. Chief Engineer shall convey his decision within 30 days
from the date of receipt of such appeal.
IV. If the decision given by Chief Engineer is not acceptable to the
Contractor, then the Contractor may within 15 days from the date of
receipt of such written decision appeal to the Dispute Redressal
Committee (DRC). The DRC shall convey his decision within 90
days from the date of receipt of such appeal.
V. Constitution of the DRC:
a. Chairman
b. Member
c. Member
VI. If the decision given by the DRC is not acceptable to the
Contractor, then the Contractor may within 30 days from the date of
receipt of such written decision give a notice to the Chief Engineer
for appointment of Arbitrator for adjudication failing which the
decision shall be binding and cannot be referred to adjudication by
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47
Arbitrator. Refer Appendix XV for Dispute resolution mechanism.
VII. Arbitrator shall be appointed by the Chief Engineer of CPWD.
VIII. Party invoking Arbitration shall give a list of dispute accompanied
by the amounts claimed along with the notice for appointment of
Arbitrator and giving reference to the rejection by the Chief
Engineer of the appeal.
IX. No person other than the person appointed by the Chief Engg
CPWD or Add. Director General or Director General shall act as an
Arbitrator. If it is not possible then the matter shall not be referred to
Arbitration at all.
X. Also, if the Contractor does not make a demand for appointment of
Arbitrator within 120 days of receiving the intimation from EIC that
the Final bill is ready for payment, the claims shall be deemed to be
waived off by the Contractor.
XI. The arbitration shall be conducted as per Arbitration & Conciliation
Act, 1996 (26 of 1996) or any statutory modifications or re-
enactments thereof.
XII. The Arbitrator shall adjudicate only on such disputes as are
referred to him by appointing authority & give separate reward
against each dispute and claim. If total amount of claims by a party
exceeds 1,00,000/- the arbitrator shall give reasons for the award.
XIII. If any fees are payable to the arbitrator, these shall be paid equally
by both the parties.
XIV. The arbitrator shall be deemed to have entered on the
reference on the date he issues notices to parties to submit
their statements of claims and counter claims. Venue to be
fixed by arbitrator at his sole discretion. The cost of the
reference of the award (including fees of the arbitrator) shall
be in the discretion of the arbitrator who may direct to any by
whom and in what manner, such costs or any part thereof
shall be paid and fix or settle the amount of costs to be paid.
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48
Schedule No. 12: Defect Liability Period/ Completion Certificate
Sr. Clause
Page
No.
Volume Clause Description Clause Observations / Pertinent Point
Cl 17 of GCC
Defect Liability Period
12 Months
Cl. 8 (p
513),8A,8B (p
515),
Amendment
Office
Memorandum
No:
DG/CON/272 (p
708) of GCC
Completion Certificate and
Completion Plan
I. Within 10 days of the completion of the work, the Contractor shall
give notice to the EIC of such completion.
II. Within 30 days of the receipt of such notice the EIC shall inspect
the work.
III. If there are no such defects found in the works, the EIC may issue
a final certificate of completion to the Contractor.
IV. Or, a Provisional certificate of physical completion may be issued
indicating the defects to be rectified by the Contractor for which
payment will be made at reduced rates.
V. Final completion certificate shall not be issued until the contractor
shall remove all scaffolding, surplus material, rubbish and all huts
and sanitary arrangements reqd for their work people on site and
cleaned off the dirt from all wood work, doors, windows, walls,
floor or other parts of the building required for execution.
VI. If the contractor shall fail to complyas to removal of scaffolding,
surplus materials and rubbish and all huts and sanitary
arrangements as aforesaid and cleaning off dirt on or before the
date fixed for the completion of work, the Engineer-in-Chargemay
at the expense of the contractor remove such scaffolding, surplus
materials and rubbish etc., and dispose of the same as he thinks
fit and clean off such dirt as aforesaid, and the contractorshall
have no claim in respect of scaffolding or surplus materialsas
aforesaid except for any sum actuallyrealized by the sale thereof.
VII. The Contractor shall submit completion plan as required vide
General Specifications for Electrical Works (Part I internal) 2005 &
(Part II External) 1994 within 30 days of the completion of the
work.
VIII. If Contractor fails to submit the completion plan before 30 days of
NICMAR Pune
49
completion of the Project, then an amount of 2.5% of value of the
work subject to the ceiling of Rs. 15000 shall be recovered.
IX. The Contractor shall submit completion plan for water, sewerage
and drainage line plan within thirty days of completion of the work.
X. In case the contractor fails to submit the plan, the dept will get it
done through other agency at his cost and actual expenses
incurred plus Rs. 15,000/- for the same shall be recovered from
the contractor.
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50
Schedule No. 13: Final Bill
Sr. Clause
Page
No.
Volume Clause Description Clause Observations / Pertinent Point
Cl. 9 (p 515),
Amendment
Office
Memorandum
No:
DG/CON/272
(p 708), 273
(p 713) of
GCC,
Payment of Final Bill
I. Final bill shall be submitted within three months of physical
completion of the work or within one month of the date of the final
certificate of completion issued by the EIC whichever is earlier.
II. No further claims after submission of final bill shall be entertained.
III. Payments on account of undisputed items and of items in dispute
for quantities and rates as approved by EIC shall be made as far
as possible within the period specified hereunder (Period being
reckoned from the date of receipt of bill by EIC or his authorized
Assistant. Engineer, complete with account of materials issued by
the Dept& dismantled materials.
a. If the Tendered value of work is up to Rs. 45 lac: 2 Months
b. If the Tendered value of work is more than 45 lac and up to
Rs. 2.5 Crore: 3 Months
c. If the Tendered value of work exceeds Rs. 2.5 Crore: 6
Months
IV. In case of delay in payment of final bills after prescribed time
limit, a simple interest @ 7.5%pa shall be paid to the
contractor from the date of expiry of prescribed time limit
which will be compounded on yearly basis, provided the final
bill submitted by the contractor found to be in order.
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51
Schedule No. 14: Force Majeure / Subsequent legislation
Sr. Clause
Page
No.
Volume Clause Description Clause Observations / Pertinent Point
Cl. 7 of
Chapt 11:
GCC (P
333)
Natural Calamity
 No payment will be made to the contractor for any damage caused
by theft, rain, snowfall, floods, dampness, fire, sun or any other
natural cause whatsoever during the execution of work.
 The damage to the works for these reasons, shall be made good
by the contractor at his own cost and no claim will be entertained.
 In case of delay in making good the damage, the same shall be got
done by the Dept. at the risk and cost of the contractor.
 The Contractor will be responsible for watch and ward and safety of
electrical installation and materials till the same are handed over to
the maintenance Dept.
 Pumping and bailing out water in suitable manner at no extra cost.
 Unless otherwise provided in the SOR, it shall be all inclusive of all
heights, depths, leads and lifts.
Cl. 38 of
GCC (p
581)
Conditions for reimbursement
of Levy/Taxes if levied after
receipt of tenders
Contractor shall be reimbursed all taxes applicable after last date of
submission of bid (Including all extensions)
However, Contractor shall keep necessary book of accounts and other
relevant documents for quantification and shall notify EIC within 30 days of
such imposition of taxes in writing with proof.
NICMAR Pune
52
Schedule No. 15: Suspension/Termination/Foreclosure/Cancellation
Sr. Clause
Page
No.
Volume Clause Description Clause Observations / Pertinent Point
Cl. 3 (p
501),3A (p
505),
Amendment
Office
Memorandum
No:
DG/CON/255
(p 666), 272
(p 707), 273
(p 713) of
GCC
When Contract can be
determined
EICmaydetermine the Contract if:
a. Contractor fails to rectify, reconstruct or replace any defects
notified by EIC in writing within 7 days from the date of such
notice.
b. Contractor suspends the works unreasonably or fails to work with
due diligence and continues to do so even after a notice of 7 days
from EIC.
c. Contractor fails to complete the works within the stipulated date or
items of work with individual date of completion or within the period
as notified by EIC.
d. Contractor persistently neglects to carry out its obligations as per
the terms and fails to take any remedial actions even after being
notified by EIC within 7 days.
e. Contractor offers or gives to any person in Govt. service any gift or
consideration as an inducement or reward for doing or forebearing
to do any relation to obtaining or execution of this or any other
Govt. contract.
f. Contractor enters into a contract with Govt. in connection with
which commission has been paid or agreed to be paid by him
unless disclosed in writing to the EIC.
g. Contractor has secured the contract by wrong tendering or
other non-bonafide methods of competitive tendering or
NICMAR Pune
53
commits breach of Integrity Agreement.
h. Contractor has been adjudged insolvent or has a receiving
order or order for administration of his estate made against
him or shall take any proceedings for liquidation or
composition under any Insolvency Act.
i. Agency is winded up or appoints any receiver or manager on
behalf of the Creditor.
j. Contractor suffers execution bring levied on his goods and
allows it continue for 21 days.
k. Contractor assigns, transfers, sublets entire works or any
portion thereof without prior written approval of the EIC.
If EICdetermines the Contract based on any of the cases above, then:
a) The EMD, SD and already recovered Performance Guarantee
shall be forfeited.
b) Take balance or part of the un-executed work out of his hands and
give it to another contractor to complete. Contractor shall not be
allowed to participate in the tendering process for the balance
works left unexecuted by the Contractor.
In case the works cannot be started within 1/8th
of the stipulated time for
completion or one month whichever is higher, due to no fault of the
contractor, then, either party may close the contract. In that case, PG shall
be refunded within following time limits:
1. If tendered value is up to Rs. 45 lac: 1 Days
2. If tendered value is more than 45 and up to Rs 2.5Cr: 21Days
3. If tendered value exceeds Rs. 2.5 Cr: 30 Days
If PG is not released within prescribed time limit, then a simple interest @
0.25% per month shall be payable on PG amount to the contractor from
the date of expiry of prescribed time limit.
A compensation for such eventuality on account of damages etc. shall be
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payable @ 0.25% of tendered amt subject to a max limit of Rs. 10 lacs.
Cl. 4 of GCC
(p 505)
Contract liable to pay
compensation even if not
taken under Clause 3
EIC has rights over and above those mentioned in Clause 3 above to
recover any compensation from the Contractor by taking its tools, plants,
materials and stores in custody and even sell them by way of auction.
Any other incidental cost shall be borne by the Contractor.
Cl. 13 of
GCC (p 541),
Amendment
Office
Memorandum
No:
DG/CON/266
(p 697), 272
(p 710)
Foreclosure of Contract due
to Abandonment or
Reduction in Scope of Work.
 EIC may decide to abandon or reduce the scope of work at any
time after its acceptance of the item rate offer.
 EIC shall notify Contractor in this regard and Contractor shall act
accordingly.
 Contractor shall have no right to claim on any account (such as
loss of profit) and Contractor will be paid at contract rate for the
works executed or for items mentioned below which could not be
utilized on the work to the full extent:
i. Expenditure incurred on preliminary site work
ii. Govt. shall take over Contractor‟s materials brought to site
or is legally bound to accept delivery, at rates detailed by
EIC, taking into account purchase price, cost of
transportation and
iii. deterioration or damages caused in the contractor‟s
custody.
iv. Materials supplied by Govt. rendered surplus except
wastage may be returned at rates not exceeding original
issue rates less deterioration or damage caused in the
contractor‟s custody. Cost of transporting from site to Govt
stores shall be paid.
v. Reasonable compensation for transfer of T&P from site to
contractor‟s permanent store or other works whichever is
less only if T&P is transported.
vi. Reasonable compensation for repatriation of contractor‟s
site staff and imported labour.
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The reasonable amount of items on (i), (iv), (v) above shall be
within 2% of the cost of work remaining incomplete on date of
closure.
Compensation for damages shall be payable @0.5% of cost of
work incomplete on date of closure.
Cl. 14 of
GCC (p 543) Carrying out part work at risk
& cost of Contractor
If Contractor:
 fails to proceed with the works with due diligence even after 7 days
of receipt of such notice from EIC
 fails to comply with the terms and conditions of contract and does
not remedy it within 7 days after issue of such notice from EIC
 fails to complete the works within time stipulated or as per the
extended time granted by EIC
In such case of cancellation EIC shall,
 Take possession of site, materials, plant and machineries etc.
 Complete the balance works by deploying other contractor at the
cost and risk of the Contractor.
EIC shall determine the amount recoverable for incomplete work and
execute at the risk & cost of the contractor, liability of contractor for loss or
damage suffered by Govt. shall not exceed 10% of tendered value of work
Credit shall be given to the contractor at same manner & rate as if it
had been carried out by original contractor.
Any excess expenditure incurred by the Govt. in completing the
incomplete work shall be recovered from any due to the contractor,
and if such money is insufficient, the contractor shall be called upon
in writing and shall be liable to pay the same in 30 days.
If the contractor fails to pay the required sum within 30 days, then
EIC shall have the right to sell any or all of contractors‟ unused
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materials, constructional plant, implements, temporary bldg at site
etc.
In event of the above course, contractor shall have no claim to
compensation of any loss sustained by him by purchase or
procurement of materials or any advances on any account.
Cl. 15 (p
545), 15A,
Amendment
Office
Memorandum
No:
DG/CON/272
(p 710) of
GCC
Suspensionof Works
Contractor shall suspend the progress of works upon a written order from
EIC in order to avoid injury or damages for the following reasons:
a. Default on part of Contractor
b. Other than default of Contractor
c. For safety of works.
If such suspension is because of reasons (b) & (c), then Contractor shall
be granted equal extension in time PLUS 25% of granted extension in
addition.
If total period of suspension of item has a separate period of completion in
the contract exceeds thirty days, contractor shall be entitled to salaries
and/or wages paid by contractor to his employees &labour at site
remaining idle during suspension period, adding 2% to cover indirect
expenses, provided the contractor submits the claim supported by details
to the EIC within 15 days of the expiry of period of 30 days.
If work is suspended on orders of EIC for more than three months except
(a) above, contractor may serve a written notice on EIC requiring
permission within 15 days of receipt of notice by EIC to proceed with the
suspended work and if such permission is not granted, then he shall give
written notice to EIC within 10 days of expiry of the above 15 days
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regarding suspension of work. No claim to payment of any compensation
which he may have derived from execution of the work but could not due
to abandonment. However, contractor shall be entitled to salaries and/or
wages paid by contractor to his employees & labour at site remaining idle
during suspension period, adding 2% to cover indirect expenses, provided
the contractor submits the claim supported by details to the EIC within 15
days of the expiry of period of 30 days.
Contractor shall not be entitled to claim any compensation from Govt. for
the loss suffered due to delay by the Govt. in the supply of materials in
schedule „B‟ where such delay is covered by the difficulties due to supply
of wagons, force majeure or any other reasonable cause beyond control
of the Govt. This clause will not be applicable for works where no material
is stipulated.
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Schedule No. 16: Documentation of Progress of Work
Sr. Clause
Page
No.
Volume Clause Description Clause Observations / Pertinent Point
Cl. 3.16 of
SCC Documentation of Work
Progress
The contractor shall submit 6 (Hard and Soft) Copies of progress report of
work done during the previous month on the 7th
day of next month. The
report shall include:
I. Actual quantum of the work done wrt the targets of the previous
month
II. Shortfall and proposal to make up for the shortfall.
III. Target of each item of work proposed to be executed during the
month.
IV. Important material consumed and requirement for next month.
V. Materials at site at the beginning of previous month, procured and
consumed during the month and balance at site at end of the
month.
VI. Manpower and T&P deployed during previous month and
requirement for the coming month.
VII. Updated Completion Programme in MSP or CPM output as
decided by EIC
VIII. Min. 15 coloured photographs in 6 copies (5”x7”) and also in digital
format of the bridge and other works including contractor‟s yard etc.
depicting the progress of work at site during the month
IX. 5 to 10 minutes duration video film (2 copies) which will include
suitable animations/graphs/ digital graphs/ digital maps etc. as
directed by EIC, depicting the methodology, sequence and
progress of work on CD duly edited and with voice commentary
given by Expert Human Voice-over professional.
X. Documentation will include all drawings, machinery and labour
deployed, service details, pre casting/ batching plant yard details,
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electrical lighting fixtures and construction schedule etc.
In case of failure in submission of progress report on 7th
, a
compensation @ Rs. 10,000/- per day with maximum amt limited to
Rs. 1,00,000/- for single default will be levied.
Cl 3.17: As built drawings and compiled video / photographs after
completion of work to be submitted within one month of date of
completion (Read entire Clause)
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Schedule No. 17: Issuance of Material and Plant & Machinery
Sr. Clause
Page
No.
Volume Clause Description Clause Observations / Pertinent Point
Cl. 10 (p
517) of
GCC,
Schedule
B (p 50)
Materials supplied by
Government
PWD shall not supply any materials
Cl. 10A (p
519) of
GCC, Cl.
3.57 (p
101), of
SCC
Materials to be provided by
Contractor
I. Contractor shall provide all construction materials at his own cost
and as per the specifications stipulated by Govt.
II. EIC shall within 30 days after receipt of samples of materials shall
convey its approval or disapproval in writing.
SCC 3.57: Cement must be from ISO certified company of OPC Grade
43/53 and steel should be Fe 500D from TISCO/SAIL/Rashtriya Ispat
Nigam Ltd/IISCO/JSW/JSPL
All Materials to be arranged by the Contractor
Contractor shall submit samples of all materials to EIC for approval.
Materials used in aesthetics of the works shall be also approved by EIC.
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Bulk materials shall be taken up only upon obtaining approval from
EIC/Architecture. Any delay in getting the samples approved shall be
Contractor‟s responsibility.
Cl. 18 of
GCC (p
549)
Contractor to supply tools
and Plants
Please read the entire Clause.
Cl. 31 of
GCC (p
571), Cl.
5.4 of Site
Conditions
(p 110)
Unfiltered water supply
Contractor to make its own arrangement of water required for construction
works and shall not pay any cost on this account.
1. The water should be fit for construction purpose as per EIC
2. If EIC finds it unsatisfactory, he shall arrange alternative
arrangements a the risk and cost of the contractor
Cl. 5.4 of Site Conditions: Contractor to make their own
arrangements of electricity and water for construction as well as
drinking
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62
Schedule No. 18: Advances /RA Bills
Sr. Clause
Page
No.
Volume Clause Description Clause Observations / Pertinent Point
Cl. 7 (p 511),
Amendment
Office
Memorandum
No:
DG/CON/272
(p 708), 273
(p 713) of
GCC,
Schedule “F”
(p 52-53)
R. A. Bills
1. Contractor shall submit the monthly bill for the work done in the
preceding month.
2. Gross work to be done together with net payment / adjustment of
advances for material collected, if any, since the last such payment
for being eligible to interim payment is Rs.1000 Lacs.
3. Such payment shall be made within 10 days from the date of
submission of bill by the contractor.
4. In case the Contractor fails to submit the monthly bill for the work
done in the preceding month, then the EIC shall prepare such bill
and no claims whatsoever due to delay of payment or interest shall
be payable.
5. Works outside the headquarters of the EIC the period will be
extended to 15 working days.
6. In case of delay in payment after 45 days of submission of
bill, provided the bill is found to be in order, a simple interest
@ 7.5% p.a. shall be paid from the date of expiry of
prescribed time limit which will be compounded on yearly
basis.
7. All such payments shall be regarded as advance payment as
against the final payment.
Cl. 10B i) of
GCC (p 521) Secured Advance on Non
Perishable materials
I. Contractor on signing an indenture shall be paid 90% of the
assessed value of any materials during the progress of works and
which are brought to site and adequately stored/protected against
weather or other causes but not incorporated in the works as yet.
II. Materials shall be non-perishable, non-fragile and non-
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63
combustible.
III. When materials for which advance has been paid, is
incorporated in the work, the amount of such advance shall
be recovered/deducted from the next payment.
IV. Such advances shall also be payable on other items of
perishable nature, fragile and combustible with approval of
EIC provided contractor has comprehensive insurance cover
for full cost of materials.
Cl. 10B ii),
Sch F of
GCC (p 53) Mobilization Advance NA
Cl. 10B iii) -
v) of GCC (P
521)
Plant and Machinery and
Shuttering material Advance
I. 5% of tender value shall be given as plant and machinery advance
if requested by the Contractor within 1 month of bringing such
plant and machinery to site.
II. Such advance shall be granted if EIC feels that the equipment
to be deployed will expedite the construction works.
III. In the case of new plant and equipment advance shall be
restricted to 90% of the price of such new plant and equipment.
IV. In the case of second hand and used plants and equipment,
advance shall be limited to 50% of the depreciated value.
V. 75% of such amount of advance shall be paid after the plant &
equipment is brought to site and balance 25% on successfully
commissioning
VI. Leasing of equipment shall be considered as purchase of
equipment and shall be covered by a tripartite agreement
between:
a) Contractor
b) Leasing company
c) And EIC
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64
VII. In case of advance against leased equipment:
a) EIC should feel the necessity of the equipment
b) Equipment should be maintained properly and in
working condition
c) Should be hypothecated to the Govt.
VIII. The mobilization advance and plant and machinery advance bear
simple interest at the rate of 10 per cent per annum.
IX. Advance with interest shall be recovered from Contractor`s
running account bills starting after first 10% of the gross value of
the work is executed and paid on pro-rata percentage basis of the
gross value of the work billed beyond 10% in such a way that the
entire advance is recovered by the time 80% of the gross value of
the contract is executed and paid
X. Recovery of advance can be extended on a written request from
Contractor and at the discretion of Chief Engineer.
XI. BG shall be renewed till the total sum of advance with interest is
recovered.
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Schedule No. 19: Price variation/Escalation
Sr. Clause
Page
No.
Volume
Clause
Description
Clause Observations / Pertinent Point
Cl. 10CC of
GCC (p 525),
Schedule F (p
53),
Amendment
Office
Memorandum
No:
DG/CON/280
(p 724)
Payment due
to increase /
Decrease in
Prices / Wages
after receipt of
tender
Price adjustment on account of escalation under various heads with respective
percentages are as below:
a) Labour as % of total value of work(Y) – 10%
b) Fuel, Oil & Lubricant expressed as % of total value of work(Z)– 5%
c) Civil component of Other Materials (Xm) – 35%
Formula is:
V = P x Q x Cl –Clo
Clo
Where,
V = Variation in material cost i.e. increase or decrease in the amount of rupees to be
paid or recovered.
P = Base Price of material as issued under authority of DG, CPWD or concerned Zonal
Chief Engineer and as indicated in Schedule “F”
Q = Quantity of material brought at site for bonafide use in the works since previous bill
excluding any such quantity consumed in the deviated quantity of items beyond
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deviation limit and extra / substituted item, paid/to be paid at rates derived on the basis
of market rate under clause 12.2
Clo = Price index for cement, steel reinforcement bars structural steel and POL as
issued by the DG, CPWD and corresponding to the time of base price of respective
material indicated in Schedule „F‟. For other items, if any, provided in Schedule „F‟, All
India Wholesale Price Index for the material as published by the Economic Advisor to
Government of India, Ministry of Industry and Commerce and corresponding to the
time of base price of respective material indicated in Schedule „F‟.
Cl = Price index for cement, steel reinforcement bars, structural steel and POL as
issued under the authority of DG, CPWD for period underconsideration. For other
items, if any, provided in Schedule „F‟, AllIndia Wholesale Price Index for the material
for period underconsideration as published by Economic Advisor to Government
ofIndia, Ministry of Industry and Commerce.
Cl. 10CC of
GCC (p 529),
Amendment
Office
Memorandum
No:
DG/CON/280
(p 724)
a. For other materials Component:
Vm = W x Xm x (Ml– Ml0)
100 Ml0
Vm- Variation in material cost i.e. increase or decrease in the amount in rupees to be
paid or recovered.
Ml0 - All India Wholesale Price Index for civil component/electrical component*of
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construction material as worked out on the basis of All India WholesalePrice Index for
Individual Commodities/Group Items valid on the laststipulated date of receipt of tender
including extension, if any, as publishedby the Economic Advisor to Govt. of India,
Ministry of Industry & Commerce and applying weightages to the Individual
Commodities/Group items.
Ml- All India Wholesale Price Index for civil component/electrical component*of
construction material as worked out on the basis of All India Wholesale Price Index for
Individual Commodities/ Group Items for the period underconsideration as published
by Economic Advisor to Govt. of India, Ministry of Industry & Commerce and applying
weightages to the Individual Commodities/Group Items. (In respect of the justified
period extended under the provisions of clause 5 of the contract without any action
under clause 2, the index prevailing at the time of updated stipulated date of
completion considering the effect of extra work (extra time to be calculated on pro-rata
basis only as cost of extra work x stipulated period/tendered cost.)
W – Cost of Work done worked out as indicated in sub-para (ii) of Cl 10CC.
Xm =Component of „materials‟ (except cement, structural steel, reinforcementbars POL
and other materials covered under clause10CA) expressed as percent of the total
value of work.
*Note: relevant component only will be applicable.
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68
Amendment
Office
Memorandum
No:
DG/CON/280
(p 726)
b. For POL:
Not Applicable
Cl. 10CC of
GCC (p 533),
Amendment
Office
Memorandum
No:
DG/CON/280
(p 726)
c. For Labour Component:
VL = W x Y x (LI– LI0)
100 LI0
VL : Variation in labour cost i.e. amount of increase or decrease in rupees to be paid or
recovered.
W : Value of work done, worked out as indicated in sub-para (ii).
Y : Component of labour expressed as a percentage of the total value of the
work.
LI : Minimum wage in rupees of an unskilled adult male mazdoor, fixed under any law,
statutory rule or order as applicable on the last date of the quarter previous to the one
under consideration. (In respect of the justified period extended under the provisions of
clause 5 of the contract without any action under clause 2, the minimum wage
NICMAR Pune
69
prevailing on the last date of quarter previous to the quarter pertaining to updated
stipulated date of completion considering the effect of extra work (extra time to be
calculated on pro rata basis only as cost of extra work x stipulated period/tendered
cost.)
Llo : Minimum daily wage in rupees of an unskilled adult male mazdoor, fixed under
any law, statutory rule or order as on the last stipulateddate of receipt of tender
including extension, if any.
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70
Schedule No. 20: Damages & Incentives provided in Contract
Sr. Clause
Page
No.
Volume Clause Description Clause Observations / Pertinent Point
Cl. 2 (P 499),
Schedule F
(Electrical Works
Vol- III) (P 301),
Compensation for
Delay(Liquidated
Damage)/ LD on delay in
achieving Milestone
LD shall be deducted @ 1.5 % per Month of delay in completion of
Project to be computed on per day basis. The maximum limit of LD shall
be 10% of the Tendered Value.
I. In event of non-achieving the necessary progress, 1% of the
tendered value shall be withheld for failure of each mile stone.
II. In case the next milestone is achieved, the amount withheld for
previous milestone can be released. However, if levy of
compensation is imposed the amount so withheld shall be
adjustable against compensation to the extent is available as above.
Sl.
No.
Financial Progress
Time allowed
(from date of start)
1. 1/8TH
(of whole work) 1/4TH
(of whole work)
2. 3/8TH
(of whole work) 1/2TH
(of whole work)
3. 3/4TH
(of whole work) 3/4TH
(of whole work)
4. Full Full
Cl. 2A of GCC
(P 501),
Amendment
Office
Memorandum
No:DG/CON/266
(p 697),
Schedule F (P
52)
Incentive for early
completion
A bonus @ 1% of the TenderedValue per month computed on per day
basis shall be paid to the Contractor, subject to a maximum limit of 5% of
the agreement value. Incentive if payable shall be paid along with the
final bill.
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71
Cl. 16 of GCC (P
547) , Schedule
F (P 54)
Action in case work not
done as per
Specifications
Please read the entire Clause.
Cl. 17 of GCC (P
547) Contractor liable for
damages and defects
Contractor shall make good all the defects in the works till completion of
the defect liability period. In case Contractor fails to do so, EIC shall get
the work corrected by other Contractor and cost for the same shall be
deducted from any dues payable to the Contractor.
The Security Deposit of the Contractor shall not be refunded before the
expiry of DLP, after the issue of the certificate final or otherwise, of
completion of works, or till the final bill has been prepared and passed
whichever is later.
In case of O & M works of Electrical and Mechanical services, SD shall be
refunded within 1 month from the date of:
a. Final payment or,
b. Completion of the maintenance contract
Whichever is earlier.
Cl. 22 of GCC (P
563) Compensation
All sums payable by way of compensation, shall be considered as
reasonable compensation to be applied to the use of Govt without
reference to the actual loss or damage sustained and whether or not any
damage shall have been sustained.
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72
Schedule No. 21: Contractor’s/Contractor’s Compliances
Sr. Clause
Page
No.
Volume Clause Description Clause Observations / Pertinent Point
Cl. 19 of
GCC (P 551) Labour Laws to be complied
by Contractor
The Contractor shall abide by the rules as per:
a. Contract Labour (Regulation and Abolition) Act 1970
b. Contract Labour (Regulation and Abolition) Central Rules 1971
c. Child Labour (Prohibition and Regulation) Act 1986
d. Building and Construction workers (regulation of Employment &
Conditions of Service) Act 1996
e. Construction Workers welfare Cess Act, 1996
Cl. 19B of
GCC (P 551) Payment of Wages
Please read the entire Clause.
Cl. 19C of
GCC (P 553)
Contractor to provide safety provisions as per the safety code framed at
his own expenses. If failed, penalty of Rs. 200/- for each default will be
imposed and EIC shall make arrangements & provide facilities and
recover the costs incurred on behalf of the contractor.
Cl. 20 of
GCC (P 561) Minimum wages Act
Contractor shall comply with all the provisions of Minimum wages Act,
1948and Contract Labour (Regulation & Abolition) Act, 1970, amended
from time to time and rules framed thereunder and other labour laws
affecting contract labour brought into force from time to time.
Cl. 21 of
GCC (P 563) Work not to be sublet. Action
in case of Insolvency
Contractor shall not sublet any part of works without written approval of
the EIC. In case Contractor sublets any part of work without notifying EIC
or is declared insolvent or bribed Govt officials, then EIC shall take
recourse of Clause 3 above (Termination).
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73
Cl. 24 of
GCC (P 563) Approval of EIC
All works to be executed under the direction and subject to approval in all
respect of EIC.
Cl. 3.35.1 of
SCC (P 89) Facilities to be provided to
PWD by Contractor
Please read the entire Clause.
Cl. 2.21.2 of
Additional
Conditions (P
67)
Minimum Plant and
Machinery requirement
Minimum requirement of equipment
1. Porclain (excavator) 60cum/hr – 4 nos
2. Dozer 160hp – 2 nos
3. Motor Graders –2 nos
4. Concrete Batching Plant 30cum/hr –2 nos
5. Vibratory Rollers (Front Drum- 8-10T) –3 nos
6. Integrated Piling Rig (Hydraulic Op
Rotary type for broad cast-in-situ piles –4 nos
7. Concrete Pumps (1 stationery &
1 Boom Placer – 30Cum/hr) –2 nos
8. Transit Mixers (6 Cum) –3 nos
9. Tippers/dumpers –12 nos
10.Direct Mud Circulation Rigs for Piling -2nos
11.JCB -4nos
12.Cranes 100T -2nos
13.Cranes 60T -2nos
14.Cranes 40T -2nos
15.Cranes 25T -3nos
16.Trailer 80T -1no
17.Dewatering Pumps(15&20hp) -4nos
18.Water Tanker with Sprinkler(5000L) -4nos
19.Bar bending & cutting m/c -6nos
20.Core cutting m/c -1no
21.Welding m/c -6nos
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74
22.Grader -3nos
23.Hydra -3nos
Cl. 36 (i) (P
579),
Amendment
Office
Memorandum
No:
DG/CON/265
(p 693), Sch
F of GCC (P
56)
Minimum Technical Staff and
employees to be deployed
Key personnel‟s
1. Project manager- 1 no (Graduate Engg)
2. Deputy Project manager – 2 no (Graduate Engg)
3. Project/ Site Engg- 2 no (Graduate Engg)
4. Project/ Site Engg- 2 no (Diploma Engg)
5. Struct Design Coordinator- 1 no (Graduate Engg)
6. Project Planning/ Billing Engg- 2 no (Graduate Engg)
7. Quality Engineer- 2 no (Graduate Engg)
8. Surveyor- 2 no. (Min Diploma Engg)
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75
Schedule No. 22: Miscellaneous Clauses
Sr. Clause
Page
No.
Volume Clause Description Clause Observations / Pertinent Point
Cl 2.12 (P 65),
2.10 (P 65), 2.11
(P 65)of Add
Cond. &Cl 3.4 0.2
(P 92) of SCC
Price inclusions
Cl. 2.12 of Add Conditions: Rates for the items are inclusive of all
labour, materials, T&P, incidental charges, octroi, taxes, contractors
profit and overheads etc. unless, otherwise, specified.
Cl. 2.10 of Add Conditions: Unless otherwise specified in the schedule
of quantities, the rates tendered by the contractor shall be all inclusive
and shall apply to all lifts & all heights, leads and depths and nothing
extra shall be payable on this account.
Cl. 2.11 of Add Conditions, 3.28 of SCC: Unless otherwise specified in
the schedule of quantities, the rates for all items shall be inclusive of
pumping/ bailing out water, wherever necessary for which no extra
payment shall be made. The area shall be kept dry when the work is in
progress even below water table. Nothing extra to be paid for slush /
sludge removal.
Cl. 3.40.2 of SCC: Contractor to make arrangements for traffic diversion
and alternate route selection and road widening to accommodate extra
traffic before commencement of work. Contractor to get the “Traffic
Management Plan” approved from the Traffic Police before construction
activity on road.
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76
Cl. 23 of GCC (P
563)
Change in Firms
Constitution to be
intimated
Not Applicable
Cl. 26 of GCC (P
567)
Contractor to indemnify
Govt against Patent
Rights
Please read the entire Clause.
Cl. 27 of GCC (P
567) Lump sum provisions in
Tender
N.A.
Cl. 29 of GCC (P
567)
Withholding and lien in
respect of sums due from
Contractor
Please read the entire Clause.
Cl. 29A of GCC (P
569) Lien in respect of claims
in other contracts
Please read the entire Clause.
Cl. 39 of GCC (P
583) Termination of Contract
on Death of Contractor
N.A.
Cl. 40 of GCC (P
583)
If relative working in
CPWD then the
Contractor not allowed to
tender.
Please read the entire Clause.
Cl. 41 of GCC (P
583)
No Gazetted Engineer to
work as Contractor
within 1 years of
retirement
Please read the entire Clause.
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77
Schedule No. 23: Levy of Compensation
Sr. Clause
Page
No.
Volume Clause Description Clause Observations / Pertinent Point
Cl 2.22 of
Additional
Conditions (P
68)
Activity wise slippage
and levy of compensation
Please read the entire Clause.
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78
Sl
No
Name of activity
Target for
Completing activity
Due Date
Levy of Compensation in case of failure
(Rs.)
1 2 3 4 5
=(start date +
targeted days)
i Lab establishment as perAnnexure-D of tender Within 60 days from
date of start
26-Jan-15 Rs 10000/- per day after 90 days
ii Mobilization of Barricading
material (of size and specification
as per drawing)
a) First 1000 m Within 30 days from
date of start
27-Dec-14 Rs. 10000/- per meter per week after due
date.
b) Another 1000m Within 60 days from
date of start
26-Jan-15 Rs. 10000/- per meter per week after due
date.
c) Additional quantity beyond2000m as directed
byEngineer-in-Charge.
Within time limit as
directed by Engineer-
in-Charge.
If required Rs. 10000/- per meter per week after due
date.
d) Cleaning/repainting/proper maintaining of
Barricading boards, as mentioned above and as
directed by Engineer-in-Charge.
(i) Cleaning every15
days and
1st & 16th date
of each month
Rs. 5000/- per meter
per week after the due date.(ii) Repainting every
six months or as
intimated by
Engineer-in-Charge.
26-May-15
26-Nov-15
26-May-16
26-Nov-16
NICMAR Pune
79
iii
T&P mobilization
a) Piling rig Within 30 Days 27-Dec-14 Rs. 10000/- per day after 30 days
b) Bar bending and cutting machine Within 30 days 27-Dec-14 Rs. 5000/- per day after 30 days
c) Crane (100 Tonnes) Within 120 Days 27-Mar-15 Rs. 5000/- per day after 120 days
d) Crane (60 Tonnes) Within 60 days 26-Jan-15 Rs. 5000/- per day after 60 days
e) Trailer (80 Tonnes) Within 60 Days 26-Jan-15 Rs. 5000/- per day after 60 days
iv Batching plants and concrete pump installation by
contractor
Within 90 days from
date of start
25-Feb-15 Rs 15000/- per day after 90 days
v Testing and approval ofmaterials
a) Cement, aggregates,admixture etc.
Within 15 days 12-Dec-14 Rs 10,000/- per day after 15 days
vi Mobilisation of shuttering as per specifications All from date of start
a. Shuttering for piers with all accessories including
form liner (6 separate sets for 6 piers)
within 45 days 11-Jan-15 Rs 10,000/- per day per
set of pier after 45 days
b. Superstructure
i. For crash barrier within 180 days 26-May-15 Rs 5000/- per day after 180 days
NICMAR Pune
80
ii. For facia panel of RE
wall
within 180 days 26-May-15 Rs 5000/- per day after 180 days
vii Mock ups for approval as per specifications All from date of start
a) For piers Within 60 days 26-Jan-15 Rs 10,000/- per day after 60 days
b) Facia panel for RE wall Within 210 days 25-Jun-15 Rs 5000/- per day after 210 days
c) Precast panel of crash barrier Within 210 days 25-Jun-15 Rs 5000/- per day after 210 days
viii Safety equipment Within 30 days from
date of start
27-Dec-14 .
ix Submission of Programme Chart as per Clause 3.15 Within 14 days from
date of award of
contract
11-Dec-14 Rs. 10,000/- per day after 14 days of date of
award with maximum amount limited to Rs.
1,00,000/-.
x Submission of Monthly progress report and as built
drawing etc.
a) Monthly progress report by 7th of next month
including Video Film shot by an Expert Professional
Agency
By 7th day of each
month
7th day of
each month
Rs. 10,000/- per day after 7 days of next
month with maximum
amount limited to Rs. 1,00,000/- for single
default.
b) As built drawings after completion of project Within one month of
completion of project
26-Dec-16 Rs. 10,000/- per day after one month of
completion of project
with maximum amount limited to Rs.
15,00,000/-.
NICMAR Pune
81
c) Complete video film andcompiled
photographsdepicting complete progressof work from
start to completion after completionof project.
Within one month of
completion of project
26-Dec-16 Rs. 10,000/- per day after one month of
completion of project
with maximum amount limited to Rs.
15,00,000/-.
xi Cleaning of road and traffic management and non-
compliance of provisions of clause (Refer clause 3.40 &
3.35)
Within one month of
completion of project
26-Dec-16 Rs.20,000/- per single violation compounded
to a maximum of Rs.5,00,000/- at any single
instance.
xii Non-compliance of safetyprovisions related to proper
lighting of site of work / launching of precast segments/
steel girder erection and placement as per provisions of
clause 3.39, 3.27 and other clausesof agreement
violation if any At violation if
any
Rs.20,000/- for first violation and
Rs.40,000/- for subsequent violations
xiii Provision of site office Within 3 months from
date of start
26-Feb-15 Rs.1,00,000/- per month after 3 months
xiv Non-compliance of clause3.38 related proper house
keeping
Non-compliance if any At non-
compliance if
any
Rs.10,000/- per single violation/ non-
compliance compounded to a maximum of
Rs.1,00,000/- at any single instance
xv Not keeping two complete sets of the drawings as
approved by the department at the site out of which one
set shall be lined with cloth at all time available for
inspection as per Clause 3.18
Within 14 Days ofDate
of Start
After GFC
Drawings
issued by
PWD
Rs. 5,000/- per day after14 days of date of
start with maximum amount limited to Rs.
50,000/-.
xvi Not making arrangements for tow away van/ truck /
crane, to tow away any breakdown vehicle in thetraffic
flow without losing any time.
Whenever directed by
Engineer-in-charge
At non-
compliance if
any
Rs. 10,000/- per single violation/ non
compliance
NICMAR Pune
82
xvii Not submitting a site layoutplan indicating the locations
of various site facilities likeContractor‟s site office,
stores etc. to be created by him as per clause5.4
Within 14 days from
date of start or
whenever directed by
the Engineer-in-
Charge
11-Dec-14 Rs. 5,000/- per day after 14 days of date of
start or whenever directed by the Engineer-
in-Charge with maximum amount
limited to Rs. 50,000/-.
xvii
i
Not indicating in writing thesource of materials to the
Engineer-in-Charge as per Clause 6.1.1
Within 30 Days of
award of work or
whenever directed by
the Engineer-in-
Charge
26-Dec-14 Rs. 5,000/- per day after 14 days of date of
award or whenever
directed by the Engineer-in-Charge with
maximum amount
limited to Rs. 50,000/- at any single instance
xix Not bringing Samples ofmaterials proposed to be used
in the permanent works and submitting to
the Engineer-in-Charge forapproval as perClause 6.12
Within 30 days before
actual materials are
brought to the site for
construction/execution
or Whenever directed
by the Engineer-in-
Charge
26-Dec-14 Rs. 5,000/- per day counted from 30 days
before actual materials are brought to site
with maximum amount limited to Rs. 50,000/-
. at any single instance
xx Not submitting detailed Quality Assurance Plan (QAP) /
Quality Assurance Manual (QAM) with detailed method
statements/detailed Proforma as per Chapter 8
Within 14 Days of
award of work
11-Dec-14 Rs. 10,000/- per day after 14 days of date of
award with maximum amount limited to Rs.
1,00,000/-.
NICMAR Pune
83
NICMAR Pune
84
CONCLUSION
The summer internship at MECP, HCC Ltd. was a great experience in learning the works of various
departments.
The main work included preparation of the Contract Appreciation Document which provided me with
practical information and knowledge about the contracts department. It aided me with the firsthand
information about the project and helped in understanding the various constraints to the project at site.
It was an educative experience and helped me in learning the various works of the construction
industry.
A few drawbacks of Contract’s terms and conditions which are affecting work progress at site are as
follows:
• There is no provision for Mobilization Advance as per the contract. Hence the initial
investment of the company is huge for setting up offices and other temporary structures at site,
mobilizing of manpower and various equipments and machinery at site etc.
• The minimum Billing value for submission of bills is Rs.1000 Lacs. Another reason why the
initial investment of the company in the project is very high as the investment on the actual
works must exceed Rs. 1000 Lacs for presenting of Bill.
• Too many monetary compensations/ fines are applicable in the contract.
• Delay in shifting of Utilities & provision of Work Front by PWD is a major cause of time
overrun. This has also lead in traffic congestion and inconvenience to the local residents and
has also been published in a leading daily newspaper (clipping attached).
• Delay in providing approved design drawings by PWD has also been a cause for slow progress
of work at site.

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Aritra Final Report Declaration

  • 1. 1 NATIONAL INSTITUTE OF CONSTRUCTION MANAGEMENT AND RESEARCH SUMMER TRAINING REPORT 1. The Name of the Company: Hindustan Construction Company_________ 2. Name of the Project (if Applicable): Munirka Elevated Corridor Project______ Place of Work: _Vasant Kunj (New Delhi)_____ 3. Department (if allocated): _______Contracts__________ 4. Name of Student: ___Aritra Dhua______ 5. Reg. No. __AP14005_ Batch No. 28th Batch 6. Mailing Address: Company Personal Hincon House Bungalow - 1 11th Floor Vijaya Gardens LalBahadurShastriMarg Baridih Vikhroli (West) Jamshedpur Mumbai – 4000 083 Pin: 831 017 Phone No._____________ Phone No.9766735101 Email id ________________ Email id aritradhua@gmail.com
  • 2. 2 Contents CHAPTER 1 ....................................................................................................................5 1. Company Profile.......................................................................................................5 CHAPTER 2 ....................................................................................................................8 2. Basic Information about the Project .......................................................................8 3. Location Plan .................................................................................................. 11 4. Layout Plan of RTR Flyover.............................................................................. 12 5. Layout Plan of Inner Ring Road Underpass ...................................................... 13 6. Elevation Plan of Skywalk................................................................................ 14 7. Site Photographs............................................................................................. 15 8. Settlement of Dispute and Arbitration ............................................................ 17 9. Completion Certificate Criteria........................................................................ 18 CHAPTER 3............................................................................................................19 10. Contract Appreciation Document................................................................... 19 11. Newspaper Clipping....................................................................................... 83 12. Conclusion..................................................................................................... 84
  • 3. 3 DECLARATION I declare that the summer training report is the bonafide work carried out by Mr. Aritra Dhua, under the guidance of Mr.Kiran Galande (Manager – Planning and Control). Further I declare that this has not been previously formed the basis of award of any degree, summer internship, associate-ship or other similar degrees or diplomas or summer internships, and has not been submitted anywhere else. Date: 13/06/2015 Aritra Dhua Roll No. AP14005 PGP ACM-28 NICMAR-Pune Guided By Kiran Galande Manager – Planning MECP, New Delhi Hindustan Construction Company
  • 4. 4 ACKNOWLEDGEMENT I take the opportunity of submitting this dissertation to express my deep regards towards those who have offered their invaluable assistance and guidance in the hour of need. It is indeed with great pleasure and pride that I put forth my acknowledgement to people who have been instrumental in the successful completion of my summer training at MECP, HCC Ltd. I am very thankful to our Dean PGP NICMAR Dr. Anil Agarwal, Head – ACM Pune Prof. Smitha Yadav and our Head Placements, Pune Dr. V. Lele for facilitating me to join HCC Ltd. as an intern, where I got not only valuable experience during my training period but also it will really helpful to enhance my knowledge for future career growth. I sincerely acknowledge with deep sense of gratitude and show inductance to Mr. Verender Singh (PM). I specially thank Mr. Kiran Galande (Manager-Planning and Control) and Mr. Raj Lanka (Manager – Contracts) for guiding and explaining various works of Contracts department in this prestigious project of the esteemed company. I am also grateful to other staff and site engineers for their invaluable guidance and helping me with their expertise.
  • 5. 5 CHAPTER 1 1. COMPANY PROFILE 1.1. Introduction As a pre-eminent Indian infrastructure company, established over eight decades ago, HCC has, over the years, strongly anchored itself to India's development effort. Today it is acknowledged as a company that continues to empower India, enabling the nation to surge ahead in different core sectors. At the heart of all its development efforts is the attempt to touch and improve the quality of life of people across the length and breadth of the country. In fact, HCC, as an industry leader in engineering construction, currently nurtures projects that span across such diverse segments as transportation, power, marine projects, oil and gas pipeline constructions, irrigation and water supply, utilities and urban infrastructure, all of which impact the nation and the progress of its people. HCC is bringing to bear its wealth of engineering and construction expertise to develop infrastructure aimed at further propelling the nation forward, into the 21st century and beyond. HCC has remained at the forefront of India's engineering construction industry with global management practices, which include acquiring international ISO certifications for management systems in Quality, Occupational Health & Safety and Environment. In fact, Environment Management is a key focus area for the Company and it is implementing various initiatives through the government recognized Centre for Research and Development and Innovation (CRDI), such as use of fly ash in concrete that helps reduce carbon emissions and innovative techniques in pipeline joint testing. Having established robust Corporate Governance norms, the Company has also set global benchmarks in the construction industry with the fastest implementation of SAP-ERP coupled with high levels of complexity across 28 diverse project locations. The complex implementation of ERP at HCC's hydroelectric projects under construction at altitudes of more than 11,000 feet in Leh, Jammu and Kashmir, remains the highest location of SAP-ERP operations in the world. HCC is dedicated to sustainable development. Every project and endeavour that they undertake adheres to stringent corporate stewardship standards, ensuring that everything that they do has a positive impact on the environment and the world around them.
  • 6. 6 HCC is specialized in large-scale civil constructions by leveraging new age construction technologies. For over eight decades, HCC has been a part of prestigious projects across a multitude of verticals, creating everything from roads and bridges to dams and barrages, nuclear power generators and tunnels and metros. HCC has introduced many new construction innovations in India such as concrete cooling methods, which are greatly benefiting the industry. The Company strongly believes in corporate stewardship. The Corporate Social Responsibility (CSR) team works closely with key communities in which the Company operates, undertaking initiatives that support and strengthen the communities in the areas of HIV/AIDS, Disaster Response, Education and Water. HCC is the only Indian signatory member of the United Nations' CEO Water Mandate which involves water management projects at grass root levels. 1.2. HCC Group As a group, HCC is growing at a phenomenal rate, creating value for the nation with innovation and technology, across sectors. The results are there for all to see, in almost every corner of the country. Their efforts continue to bring a smile on the face of Indians across the land, whether they are farmers, executives, housewives or even children attending school. The HCC Group today comprises of HCC, HCC Infrastructure, HCC Real Estate and Lavasa Corporation all working in tandem to improve the life of every Indian. The Group has gained a reputation for specializing in technically complex, new-age construction in infrastructure projects, as well as EPC, BOT, Integrated projects. HCC group comprises of following subsidiaries  HCC (Engineering & Construction)    HCC Infrastructure Ltd.    HCC Real Estate Ltd. (HREL)    LAVASA Corporation   HCC Concession
  • 7. 7 Following are the major Business Units at HCC  Hydro Business Unit    Nuclear Power and Special Projects Unit    EPC Business Unit    Water Solution Business Unit    Transportation & Marine Business Unit   1.3 About Transportation Unit HCC has built some of the most remarkable transportation projects in India. Whether it was India's first sea link or the redevelopment of the historic Mughal Road, HCC’s technical knowledge and project management experience has guaranteed the successful execution of futuristic and technologically advanced construction methodologies. The company believes that effective project planning and coordination expertise ensures smooth implementation. Over the last five decades, HCC have delivered some of the best mass rapid transport systems, bridges and highways. With their legacy and knowledge backing them, HCC has won and executed a number of projects awarded under the prestigious National Highways Development Program. These projects have significantly contributed to the country's development by enhancing connectivity of people and the flow of trade nationwide.
  • 8. 8 CHAPTER 2 2. BASIC INFORMATION ABOUT THE PROJECT 2.1. General Description of the Project HCC has been awarded Rs 278-crore contract by the Public Works Department (PWD) of New Delhi. The PWD contract involve building a flyover parallel to the existing single- carriageway on Rao Tula Ram Marg, a key south Delhi link to the airport, along with construction of an underpass at Benito Juarez Marg and a skywalk. This improvement is expected to decongest the stretch from IIT to the New Delhi airport. The new three-lane flyover will commence from the existing Munirka flyover and run parallel to the RTR flyover before descending near Niryat Bhawan. The length of the flyover will be 2.3 km. As per Delhi MPD 2021 goals, movement on Outer Ring Road is to be made smooth and signal free to the extent possible. This project pertains to construction of the following to decongest the Corridor improvement of Outer Ring Road from IIT to NH-8 & its influence areas: Construction of (1) Flyover on portal Structure Linking Existing Munirka Flyover in the East to the point beyond Army RR Hospital in the West on the Outer Ring Road and (2) Underpass at junction of BJ Marg and Inner Ring Road. The scope of work includes:  Construction of one parallel Flyover of Composite Steel-Concrete Structure with “U” Shaped Steel Plate-Girders and Cast-in-Situ RCC deck Slab  Construction of Underpass of Box shaped structure  Construction of Skywalk in steel structure approx. 710 m long and 4 m wide with descent/approach arms & tensile fabric roofing and structures to support lifts on both sides of the road.  Road widening has to be provided on both sides with flexible pavement.  Construction of RCC drains under footpaths.  Construction of 2.00m wide footpath with CC paver blocks finish.  Electrification on portal flyover, the underpass, skywalk, ramps and at-grade corridor.  Signage boards.  The outer pre-cast surface of the crash barrier and reinforced earth wall will have texture finish with the use of form liner. The project is to be completed in 24 months.
  • 9. 9 2.2 Basic Details of the Project Client M/s Central Public Works Department (M/s CPWD) Package Name Munirka Elevated Corridor Project (MECP) Project General Description The scope of work includes Corridor improvement of Outer Ring Road From IIT to NH-8 & its influence areas: Construction of (1) Flyover on portal Structure Linking Existing Munirka Flyover In the East to the point beyond Army RR Hospital in the West on the Outer Ring Road and (2) Underpass at junction of BJ Marg and Inner Ring Road. SH:- C/o Elevated road, Underpass, Ramps, Skywalk, RCC drain, Footpath, Cycle track, widening/straightening of road, rain water harvesting scheme, electrical works and other allied works. Tender No. 04/CE/F-1/PWD/GNCTD/2014-15 Commencement of Work 27th November 2014 Letter of Acceptance 54(42)/EE/F-112/PWD/2014-15/415, DATED 05-11-2014 Completion 24 Months (Completion Date: 26th November 2016) Time Estimated cost Rs. 275.782 Crores by Client Work Order Rs. 278.078 Crores (Contract value is 2.05% above the Estimated cost value Rs. 272,48,17,047/-)
  • 10. 10 Earnest Money Rs. 5,51,56,400/- Date for Submission of 15.09.2014 (Final submission specified vide letter) Bid Contract Type Item Rate Contract Contract Form CPWD Model Conditions Time limit of Within 15 days of issuance of Work Order PBG Defect liability Period 12 months (From 27.11.2016 to 26.11.2017) Security Deposits 2.5% of the Tendered cost will be deducted from running bill @ 2.5% of gross amount of bill separately from bills of Civil work & Electrical work.
  • 12. 12
  • 13. 13 Plan of Inner Ring Road Underpass
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  • 19. 19 CONTRACT APPRECIATION DOCUMENT Post Award Review PROJECT: Corridor improvement o Outer Ring Road From IIT to NH-8 & its influence areas: Construction of (1) Flyover on portal Structure Linking Existing Munirka Flyover In the East to the point beyond Army RR Hospital in the West on the Outer Ring Road and (2) Underpass at junction of BJ Marg and Inner Ring Road. SH:- C/o Elevated road, Underpass, Ramps, Skywalk, RCC drain, Footpath, Cycle track, widening/straightening of road, rain water harvesting scheme, electrical works and other allied works. CONTRACT AGREEMENT NO.: Agreement No: 04/EE/F-112/PWD/2014-15executed on 05.11.2014 CLIENT: Public Works Department, Flyover Project Division, F-112 Rao Tula Marg Opp: KendriyaVidyalaya CONTRACTOR: Hindustan Construction Company Ltd. Hincon House, LBS Marg, Vikhroli (West), Mumbai, Maharashtra 400 083 CONTRACT TYPE: Item Rate Contract CONTRACT FORM: CPWD Model Conditions CONTRACTS PROJECT I.D. NO.: 083
  • 20. 20 CONTRACT APPRECIATION DOCUMENT Post-Award Review Corridor improvement of Outer Ring Road from IIT to NH-8 & its influence areas: Construction of (1) Flyover on portal Structure Linking Existing Munirka Flyover in the East to the point beyond Army RR Hospital in the West on the Outer Ring Road and (2) Underpass at junction of BJ Marg and Inner Ring Road. SH:- C/o Elevated road, Underpass, Ramps, Skywalk, RCC drain, Footpath, Cycle track, widening/straightening of road, rain water harvesting scheme, electrical works and other allied works. LIST OF CONTENTS: Sr. Description Pg. No 1 Cover Page 20 2 List of content 21 3 Narrative of overall description of Project / observations. 22 4 Abbreviations 23 5 List of Project KEY / Salient Contract Stipulations 24 6 Schedule No. 1 Requirements / Salient points & „Time Bound‟ stipulations to be complied with prior to Project commencement / to enable Commencement. 31 7 Schedule No. 2 Commencement of Work 34 8 Schedule No. 3 QHSE requirements 35 9 Schedule No. 4 Payment & recoveries 36 10 Schedule No. 5 Site handing over 38 11 Schedule No. 6 Drawings & Specifications 39 12 Schedule No. 7 Variation 40
  • 21. 21 13 Schedule No. 8 Extension of Time 42 14 Schedule No. 9 Taxes & Levies 44 15 Schedule No. 10 Insurances 45 16 Schedule No. 11 Claim Procedure & Dispute Resolution 46 17 Schedule No. 12 Defect liability Period and Completion certificate 48 18 Schedule No. 13 Final Bill 50 19 Schedule No. 14 Force Majeure/ Subsequent Legislation 51 20 Schedule No. 15 Suspension/Termination/Foreclosure/Cancellation 52 21 Schedule No. 16 Documentation of Progress of Work 58 22 Schedule No. 17 Materials/ Plant & Machinery 60 23 Schedule No. 18 Advances 62 24 Schedule No. 19 Price variation/ Escalation 65 25 Schedule No. 20 Damages & Incentives provided in the Contract 70 26 Schedule No. 21 Contractor‟s/Contractor‟s Obligations or Compliances 72 27 Schedule No. 22 Miscellaneous Clauses 75 28 Schedule No. 23 Levy of Compensation 77
  • 22. 22 CONTRACT APPRECIATION DOCUMENT Post-Award Review Corridor improvement of Outer Ring Road from IIT to NH-8 & its influence areas: Construction of (1) Flyover on portal Structure Linking Existing Munirka Flyover in the East to the point beyond Army RR Hospital in the West on the Outer Ring Road and (2) Underpass at junction of BJ Marg and Inner Ring Road. SH:- C/o Elevated road, Underpass, Ramps, Skywalk, RCC drain, Footpath, Cycle track, widening/straightening of road, rain water harvesting scheme, electrical works and other allied works. NARRATIVE / GENERAL OBSERVATIONS OF CONTRACT DOCUMENT REVIEW: The Contract is based on the General Conditions of Contract by Central Public Works Department. It is an Item Rate Contract with Special Conditions; along with specification for Road and Bridge Works (Fourth Edition) M.O.R.T.H. and as per approved drawings and latest BSR Schedules/CPWD Specifications. GENERAL DESCRIPTION OF THE PROJECT The works include Corridor improvement of Outer Ring Road from IIT to NH-8 & its influence areas: Construction of (1) Flyover on portal Structure Linking Existing Munirka Flyover in the East to the point beyond Army RR Hospital in the West on the Outer Ring Road and (2) Underpass at junction of BJ Marg and Inner Ring Road. SH:- C/o Elevated road, Underpass, Ramps, Skywalk, RCC drain, Footpath, Cycle track, widening/straightening of road, rain water harvesting scheme, electrical works and other allied works.
  • 23. NICMAR Pune 23 .CONTRACT APPRECIATION DOCUMENT Post-Award Review ABBREVIATIONS GCC : General Conditions of Contracts MOSRTH : Ministry of Shipping, Road Transport&Highways CPWD : Central Public Works Department WBM : Water Bound Macadam WMM : Wet Mix Macadam CA : Contract Agreement CD : Contract Document PG : Performance Guarantee SCC : Special Conditions of Contract LOA : Letter of Acceptance BoQ : Bill of Quantities FOT : Form of Tender NIT : Notice Inviting Tender EIC : Engineer In Charge
  • 24. NICMAR Pune 24 CONTRACT APPRECIATION DOCUMENT Post-Award Review Corridor improvement of Outer Ring Road from IIT to NH-8 & its influence areas: Construction of (1) Flyover on portal Structure Linking Existing Munirka Flyover in the East to the point beyond Army RR Hospital in the West on the Outer Ring Road and (2) Underpass at junction of BJ Marg and Inner Ring Road. SH:- C/o Elevated road, Underpass, Ramps, Skywalk, RCC drain, Footpath, Cycle track, widening/straightening of road, rain water harvesting scheme, electrical works and other allied works. 1. List of Key Salient Points Volume, Clause, & Page No. 2. Employer Public Works Department Flyover Project Division F-112, Rao Tula Marg Opp: Kendriya Vidyalaya, New Delhi - 110021 Schedule F, GCC (p 51) 3. Engineer In Charge Executive Engineer, Flyover Project Division F-112,PWD, Delhi or Successor thereof Schedule F, GCC (p 51) 4. Contract Agreement Agreement No: 04/EE/F-112/PWD/2014-15 executed on 05.11.2014 Agreement deed(p 852) 5. Contract Price INR 278,07,80,954 (Based on the estimated quantities) LOA (p 852) 6. Currency Of Payments Indian Rupees (INR)
  • 25. NICMAR Pune 25 7. Commencement Of Work 27th November 2014 PWD Letter No 54(42)/EE/F- 112/PWD/2014- 15/415 (p 852) read with Construction programme, Sch F (p 52) 8. Security Deposit I. 2.5% of the gross amount of monthly RA Bills shall be deducted as Security Deposit till 2.5% of Tendered value is reached. II. Accumulated SD can be releasedagainst BG, min of Rs.5 lakh. III. PBG initially valid up to the stipulated date of completion plus 60 days beyond that. IV. If no complaint is pending, on record till after till after 3 months after completion of the work and/or no communication is received from the Labour Officer to this effect till six months after the date of completion, it will be deemed to have received the clearance certificate and the Security Deposit will be released if otherwise due. V. 5% PBG along with 2.5% SD will form 4.5% Clause 1A (p 497), 45 (p 587), Amendment Office Memorandum No: DG/CON/272 dt. 21.08.2013 (p 706) of GCC 9. Defect Liability Period 12 (Twelve) Months Cl. 17 (p 547) of GCC 10. Operation & Maintenance Period Not Applicable 11. Time For Completion 24 Months Agreement Copy (p 852), Schedule F (p 52) 12. Deviations/Extent of Variation (Time)/ Extra Item Pricing I. The EIC can alter, omit, add or substitute for the original specifications, drawings, designs and instructions II. Omit a part of the works in case of non-availability of the work front or for any other reasons Cl.12 (p 537), Amendment Office Memorandum No: DG/CON/272 dt. 21.08.2013 (p
  • 26. NICMAR Pune 26 III. The time for completion of the works shall be extend 1. In the proportion which the additional cost of the altered, additional or substituted work, bears to the original item Rate Offered value plus. 2. 25% of the time calculated in (1) above IV. The Contractor within fifteen days of receipt of order or occurrence of the item claim rates, supported by proper analysis V. EIC shall within prescribed time limit of the receipt of the claims determine the ratesthe basis of the market rates. VI. The Contractor shall be paid accordingly. VII. In case of contract items, substituted items, contract cum substituted items, which exceed the limits laid down in Schedule F (30% for Bridge & Road work, 100% for Foundation & 100% for items in Earthwork or related items), the Contractor may within fifteen days of receipt of order or occurrence of the excess, claim revision of the rates, supported by proper analysis. VIII. EIC shall within prescribed time limit of the receipt of the claims determine the rates on the basis of the market rates. IX. The prescribed time limits are as under: i) If the tendered value of the work is up to 45lac: 30 days ii) If the tendered value of work is more than 45 and up to Rs. 2.5 Crore: 45 days iii) If the tendered value of work exceeds Rs.2.5Crore: 50 days X. The provisions shall apply to the decrease in rates of items for the works in excess of the limits laid down in Schedule F. The EIC shall within one month and taking into consideration any reply within 15 days of receipt, revise the rates within 1 month of the said period of 15 days having regard to market rates. XI. The Contractor shall send to the EIC once every three months an up to date account giving complete details of all claims preceding quarter failing which the Contractor shall be deemed to have waived his right. 709), DG/CON/263 dt. 21.08.2013 (p 688), DG/CON/273 dt. 01.10.2013 (p 712) of GCC, Schedule F (p 52)
  • 27. NICMAR Pune 27 13. Advance Payment 1) Secured Advance I. The contractor, on signing an indenture, shall be entitled to be paid up to 90% of the assessed value of any materials which are non-perishable, non-fragile and non- combustible and are in accordance with the contract and which have been brought on the site in connection therewith and are adequately stored and/or protected against damage by weather or other causes but which have not at the time of advance been incorporated in the works. II. When materials on account of which an advance has been made are incorporatedin the work, the amount of such advance shall be recovered/deducted from the next payment. III. Such secured advance shall also be payable on other items of perishable nature, fragileand combustible with the approval of the EIC provided the contractorprovides a comprehensive insurance cover for the full cost of such materials. IV. No secured advance, shall however, be paid on high-risk materials such as ordinary glass,sand, petrol, diesel etc. 2) Mobilization Advance Not Applicable 3) Advance Against Plant & Machinery I.An advance for plant, machinery & shuttering may be given if requested by the contractor in writing within onemonth of bringing such plant and machinery to site. II.The amount of advance shall be restricted to 5% of the Tender value. III. In the case of new plant and equipment advance shall be restricted to 90% of the price of such new plant and equipment. IV. In the case of second hand and used plants and equipment, advance shall be limited to 50% of the depreciated value. CLAUSE 10B (p 521), Amendment Office Memorandum No: DG/CON/256 dt. 11.01.2012 (p 674) of GCC
  • 28. NICMAR Pune 28 V. 75% of such amount of advance shall be paid after the plant & equipment is brought to site and balance 25% on successfully commissioning VI.No such advance shall be paid on any plant and equipment of perishable nature and on any plant and equipment of a value less than Rs. 50,000/- VII. The mobilization advance and plant and machinery advance bear simple interest at the rate of 10 per cent per annum. VIII. Recovery is from the Contractor`s bills commencing after first 10% of the gross value of the work is executed and paid on pro-rata percentage basis to the gross value of the work billed beyond 10% in such a way that the entire advance is recovered by the time 80% of the gross value of the contract is executed and paid, together with the interest. 14. Liquidated Damage LD shall be deducted @ 1.5 % per Month of delay in the completion of the Project to be computed on per day basis The maximum limit of LD shall be 10% of Tendered Value of work. Cl. 2 (p 499) of GCC 15. Incentive for Early Completion I. Incentive shall be paid @ 1 % of the tendered value per month computed on perday basis. II. The maximum limit of Incentive shall be 5% of the Tendered Value. III. No Bonus payable if work completed after stipulated date of completion even if the EOT is granted without levy of compensation. Cl. 2A (p 501) Amendment -Office Memorandum No: DG/CON/266 dt. 02.05.2013 of GCC (697), Schedule F (p 52)
  • 29. NICMAR Pune 29 16. Rate of Progress (Milestones)/ LD on delay in achieving Milestone Sl. No . Time Allowed in months (from date of start) Financial Progress Time allowed (from date of start) 1. 6 25 Crores Work done Underpass: Road Widening – 1.5Kms, 0.5km Drain on each side of BJ Marg, 20m Base Slab & Retaining Wall Parallel Flyover (Army R&R Hospital End): Road Widening 1km, 0.50km Drain, 40Piles, 6 Pile Caps, 4 Piers complete, Fab of 1 span Steel U Girder complete and reached site Parallel Flyover (Munirka End): Road Widening 800m, 40Piles, 6 Pile Caps, 4 Piers complete, Fab of 1 span Steel U Girder complete and reached site 2. 11 80 Crores Work done Underpass: Road Widening & Total Drains on each side of BJ Marg complete, Underpass of 100m Length, Another 100m Base Slab & Retaining Wall. Ramps: 150m Complete Parallel Flyover: Road Widening & Drains Complete, 240Piles, 50 Pile Caps, 40 Piers, 20 Portal Frames, Fab of 25 spans Steel U Girder complete and reached site. Deck Slab of 15 Spans of flyover, 50% RE Wall panels casting, Crash Barrier panel for 10 Spans Complete Cl. 5 of GCC Schedule F – Annexure: 2 (p 61), Minutes of Pre-Bid Meeting: 22.07.14 (p 388)
  • 30. NICMAR Pune 30 I. In event of non-achieving the necessary progress, 1% of the tendered value of work will be withheld for failure of each mile stone. 3. 16 150 Crores Work done Underpass: Road Widening & Total Drains for BJM & San Martin Marg complete, Underpass on Ring Road complete. Ramps: 400m Complete, Skywalk: 200m Structural Work complete Parallel Flyover: All Piles, 120 Pile Caps, 80 Piers, 45 Portal Frames, Fab of 60 spans Steel U Girder complete and reached site. Deck Slab of 40 Spans of flyover, RE Wall panels casting & 75% erection complete, Crash Barrier panel for 50 Spans & fixing for 20 Spans Complete. 4. 20 225 Crores Work done Underpass: Road Widening for BJM & San Martin Marg complete, All Ramps Complete, Skywalk: 500m Structural Work complete Parallel Flyover: All Pile Caps, 80 Piers, Portal Frames, Fab of all spans Steel U Girder complete and reached site. Deck Slab of 70 Spans of flyover, RE Wall panels casting & 75% erection complete, Crash Barrier panel for 50 Spans & fixing for 30 Spans Complete. 5. 24 Full Full
  • 31. NICMAR Pune 31 Schedule No. 1, Requirements / Salient points to be complied prior to commencement / to enable Commencement Sr. Clause Page No. Volume Clause Description Clause Observations / Pertinent Point 1. Cl. 1 (p 427), GCC read with Schedule F Performance Guarantee 1. PG shall be submitted within 15 days from the date of issue of letter of acceptance(Read with Schedule F) 2. Maximum allowable Extension with late fee @0.1% per day of PG amount beyond the period provided above is 7 Days (Read with Schedule F) 3. PG of 5% of the Contract Price to be submitted 4. Bank Guarantee against PG shall be valid upto60 days beyond stipulated date of completion. (To be extended with the extension of time) 5. PWD can encash PG if Contractor fails to:  Validate the PG during extended period  Pay any dues to President of India within 30days of service of notice. 2. Cl. 5.1 (p 505)Amendment -Office Memorandum No: DG/CON/271 (p 704) of GCC, Construction Programme 1) Contractor to submit the Time and Progress chart for each milestone and get it approved by the Dept as soon as the contract is signed. 2) For works costing more than 20 Crore, Project Management shall be done using Primavera Software. 3) The Contractor shall prepare an integrated programme chart showing all activities with details of manpower, equipment& machinery required for completion within stipulated time and submit to EIC within 10 days of award of Contract. 4) A recovery @ Rs.5000 shall be made on per day basis in case of delay in submission of the programme.
  • 32. NICMAR Pune 32 5) The programme must include: a) Descriptive Note explaining sequence of various activities. b) Network (PERT/CPM/Bar Chart). c) Programme for procurement of materials and machinery/equipment, shuttering schedule. 6) If EIC feels actual progress doesn‟t conform to the approved programme then contractor must submit revised programme within 7 days a) A recovery @ Rs.5000 shall be made on per day basis in case of delay in submission of the programme. 7) The Contractor must submit the progress report of previous month using Primavera with Baseline to EIC on or before 5th of each month. 8) A recovery @ Rs.5000 shall be made on per day basis in case of delay in submission of the monthly progress report. 3. Clause 3.25 (p 83)of SCC Submission of Insurance Contractor shall provide insurance covers in the joint names of EIC and Contractor from the start date to end of DLP: a. Contractor‟s all risk and third party cover. b. Liability under the workman‟s compensation act 1923, Minimum wages act 1923, Minimum wages act 1948 & contract labour Act 1970. c. Accident to staff, Engineers, Supervisors & others who are not governed by Workman‟s compensation act of the contractor & department d. Damage to material, machinery & works due to fire, theft, flood etc. If Contractor fails to take such insurance cover, PWD shall voluntarily take such insurance policies and premium thereof shall be recovered from the Contractor‟s due or security deposit.
  • 33. NICMAR Pune 33 The contractor shall provide coverage Against: a) Loss of life or injury involving public, employee of the contractor or that of the department, labour etc. b) Loss or damages to the finished works / WIP c) Loss or damage to the works or property belonging to public, Govt bodies, local authorities, utility organizations, contractors, employers or others.
  • 34. NICMAR Pune 34 Schedule No. 2: Commencement of Work Sr. Clause Page No. Volume Clause Description Clause Observations / Pertinent Point 4. NIT 34 Handing over of Site Full site of work is available, but because of the necessity of keeping traffic flowing on both Inner Ring Road & Outer Ring Road, the site for the work will be made available in parts. Around 90% of site will be made available at the time of award of work. Balance 10% (approx) site shall be made available within 12 months after date of start of work. There are a few underground services which may require shifting during construction. If required, PWD will make arrangements for shifting of these services within six months of request made by the agency. Necessary hindrance will be allowed only if any service is not shifted within this period. 5. LOA dt: 24.11.2014 , Cl 5.1 of Sch F (p.52) 854 Commencement of Works 22 days after issue of this letter 6. LOA dt: 24.11.2014 , Cl 5.1 of Sch F (p.52) 854 Start Date 22 days after issue of this letter
  • 35. NICMAR Pune 35 Schedule No. 3: QHSE Requirements Sr. Clause Page No. Volume Clause Description Clause Observations / Pertinent Point 7. CPWD Safety Code (P 589) Safety, Security and protection of the Environment. Please read the entire Clause. 8. Material Specifications 6.1.2 (p 113) Cost of Samples Please read the entire Clause. 9. Material Specifications 6.1.2 (p 113) Costs of Tests Please read the entire Clause. 10. Material Specifications 6.1.2 (p 113) Costs of tests not provided for Please read the entire Clause.
  • 36. NICMAR Pune 36 Schedule No. 4: Payment & Recoveries Sr. Clause Page No. Volume Clause Description Clause Observations / Pertinent Point Clause 1A (p 427), 45 (p 587), Amendment Office Memorandum No: DG/CON/272 dt. 21.08.2013 (p 706) of GCC Security Deposit I. 2.5% of the gross amount of monthly RA Bills shall be deducted as Security Deposit till 2.5% of Tendered value is reached. II. Accumulated SD can be releasedagainst BG, min of Rs.5 lakh. III. PBG initially valid up to the stipulated date of completion plus 60 days beyond that. IV. If no complaint is pending, on record till after till after 3 months after completion of the work and/or no communication is received from the Labour Officer to this effect till six months after the date of completion, it will be deemed to have received the clearance certificate and the Security Deposit will be released if otherwise due. 5% PBG along with 2.5% SD will form 4.5% Cl. 6 (p 507) of GCC, Schedule F (p 52) Measurement of Work done I. EIC shall ascertain by measurement of items, the value except as otherwise provided. II. Measurements shall be taken jointly byEIC or his authorized representatives and the Contractorfrom time to time and signed and dated by EIC and Contractor or their representatives. III. If the contractor or his rep is not available and the work of recording measurements is suspended by the EIC or his rep, the EIC & Dept will not entertain any claim for any loss of damage by the contractor. IV. If the Contractor or his rep is not present after getting a notice 3 days In advance or fails to countersign or record objection within a week from the date of the measurement, then such
  • 37. NICMAR Pune 37 measurements recorded in his absence by the EIC or his rep shall be deemed to be accepted by the contractor. V. Contractor shall give not less than 7 days to EIC to measurethe works before going the same is covered and placed beyond the reach of measurement. Cl. 18A (p 549) Recovery of Compensation paid to Workman Govt. shall recover from the Contractor the amount so paid to the Workman as per Section 2 of the Workman Compensation Act 1923. Please read the entire Clause. Cl. 18B (p 551) Ensuring payment and amenities to Workers if Contractor fails If the Contractor fails to pay wages to the workman employed, provide welfare and health amenities as per the Act, then Govt. shall recover such amounts from the Security Deposit or from any sum due to Contractor. Please read the entire Clause. Clause 1A (p 427), 45 (p 587), Amendment Office Memorandum No: DG/CON/272 dt. 21.08.2013 (p 706) of GCC Release of Security Deposit If no complaint is pending, on record till after till after 3 months after completion of the work and/or no communication is received from the Labour Officer to this effect till six months after the date of completion, it will be deemed to have received the clearance certificate and the Security Deposit will be released if otherwise due.
  • 38. NICMAR Pune 38 Schedule No. 5: Site Handing Over Sr. Clause Page No. Volume Clause Description Clause Observations / Pertinent Point Site Conditions 5.2 (p 109) Utility shifting  Contractor shall be responsible for identifying existing services by coordinating with local authorities or making trial pits for shifting of Telephone lines/ cables of MTNL, Power Cables of NDPL/BSES/NDMC, sewer & water supply lines of DJB/MCD/NDMC,transmission lines of Delhi Transco Ltd/ BSES, gas lines of GAIL & IGL, Bus Q-shelters of DTC etc. PWD will take necessary steps to relocate these services in consultation with the concerned departments.  No claim for payment/any damages on account of any hindrances due to relocation of services shall be entertained.  If any delay occurs on this account, then PWD will consider the case for suitable extension of time for the actual delay.
  • 39. NICMAR Pune 39 Schedule No. 6: Drawings and Specifications Sr. Clause Page No. Volume Clause Description Clause Observations / Pertinent Point Cl. 4.1.2 of General Scope of Work (p 106), Cl. 3.34 of SCC (p 88) Specifications, drawings, orders etc Contractor shall conform exactly to the design & drawings finalized by PWD. For some items like Reinforced Earth Wall, Bearings, Expansion Joints and Temporary Works etc, the contractor shall submit design/drawing of specialized Contractor for approval & acceptance by PWD before execution. (Please read the entire Clause). Tender drawings are indicative. Contractor shall work as per the GFC drawings issued at site and nothing extra shall be paid on this account. Cl. 28 of GCC (p 567) Action where no specifications are specified In case of works/items where no specification have been referred, Contractor shall carry out the works as per: 1. Bureau of Indian Standards In case there are no specifications in BIS, works should be carried out as per: a. Manufacturer‟s specifications. b. District Specificationsor c. As per the instructions and requirements of EIC
  • 40. NICMAR Pune 40 Schedule No. 7: Variations/Deviations Sr. Clause Page No. Volu me Clause Description Clause Observations / Pertinent Point Cl. 12 (p 537), Amendment Office Memorandum No: DG/CON/263 dt. 20.12.2013 (p 688) of GCC Deviation/Variation Extent and Pricing The EIC can,  Alter, omit, add or make substitutions to the original specifications, drawings, designs and instructions during the Project execution.  Omit a part of the works in case of non-availability of the work front (EIC to convey the same in writing) The time for completion of the works shall be extended as  Pro rata of the additional cost to the original Tendered value plus.  25% of the time calculated above or such further additional time as maybe considered reasonable by the EIC. Cl. 12.2 (p 537) Amendment Office Memorandum No: DG/CON/272 dt. 21.08.2013 (P 709) of GCC Deviation, Extra Items and Pricing In case of extra items;  Contractor shall claim rates for the occurrence of such extra item within 15 days of receipt of such order, supported with rate analysis.  EIC after approval from Competent Authority shall within prescribed time limit determine the rate based on the market rates. Cl. 12.2 (p 539), Amendment Office Memorandum No: DG/CON/272 (p 709), 263 (p 689), Deviation, Substituted Items, pricing  If the market rate of the substituted item is higher than the market rate of the agreement item being substituted, then the rate payable to the Contractor for the substituted item shall be the rate for the agreement item (to be substituted) so increased to the extent of the difference between the market rates of substituted
  • 41. NICMAR Pune 41 273 (p 714) of GCC item and the agreement item (to be substituted).  If the market rate of the substituted item is lower than the market rate of the agreement item being substituted, then the rate payable to the Contractor for the substituted item shall be the rate for the agreement item (to be substituted) so decreased to the extent of the difference between the market rates of substituted item and the agreement item (to be substituted). Cl. 12.2 (p 539) Amendment Office Memorandum No: DG/CON/272, (p 709), 263 (p 689), 273 (p 714) of GCC Deviation, Deviated Quantities, pricing  In case of contract items, substituted items which exceed the limits laid down in Schedule F, then Contractor shall within 15 days of receipt of such orders or occurrence of the excess, claim revision of rates with proper supported documents. If the rates so derived are higher that the contract rate, the EIC within 1 month after receiving such claims supported by analysis, shall determine the rates based on the market rates. Cl. 12.3A (p 539) Amendment Office Memorandum No: DG/CON/272, (p 709), 263 (p 689), 273 (p 714) of GCC  EIC may also decrease such rates of the exceeded item after notifying the Contractor within 1 month of such occurrence and after considering the reply from Contractor in this regard (Contractor to reply within 15 days). Cl. 12.4 of GCC (p 539)  Once every 3 months, Contractor shall give the EIC an up-to- date statement showing all claims for additional payments and all additional work ordered by the EIC (after approval from the Competent Authority) and which has been executed during the preceding quarter.  Contractor is deemed to waive off its rights to claim such payments if it fails to furnish such report once in 3 months.  Superintending Engineer is authorized to consider such cases based on merits of the claim.
  • 42. NICMAR Pune 42 Schedule No. 8: Extension of Time Sr. Clause Page No. Volume Clause Description Clause Observations / Pertinent Point Cl. 5 (p 505), Amendme nt Office Memorand um No: DG/CON/2 71 (p 704), 272 (p 707) of GCC, Schedule F (p 52) Time and Extension for delay I. Contractor shall commence the works from such day as mentioned in Schedule F or from the date of handing over of the site whichever is later II. Contractor to submit the Time and Progress chart for each milestone and get it approved by the Dept as soon as the contract is signed. III. For works costing more than 20 Crore, Project Management shall be done using Primavera Software. IV. The Contractor shall prepare an integrated programme chart showing all activities with details of manpower, equipment & machinery required for completion within stipulated time and submit to EIC within 10 days of award of Contract V. A recovery @ Rs.5000 shall be made on per day basis in case of delay in submission of the programme. VI. The programme must include: a. Descriptive Note explaining sequence of various activities. b. Network (PERT/CPM/Bar Chart). c. Programme for procurement of materials and machinery/equipment, shuttering schedule. VII. If EIC feels actual progress doesn‟t conform to the approved programme then contractor must submit revised programme within 7 days a. A recovery @ Rs.5000 shall be made on per day basis in case of delay in submission of the programme. VIII. The Contractor must submit the progress report of previous month using Primavera with Baseline to EIC on or before 5th of each month. IX. A recovery @ Rs.5000 shall be made on per day basis in case of
  • 43. NICMAR Pune 43 delay in submission of the monthly progress report. X. If works are delayed due to: a) Force majeure, or b) Abnormally bad weather, or c) Serious loss or damage by fire, or d) Civil commotion, local commotion of workmen, strike or lockout affecting any of the trades employed on the work, or e) Delay on the part of other contractors engaged by EIC, f) Non availability of stores, which are the responsibility of Govt to supply, or g) Non availability or breakdown of tools and plants supplied by Govt or, h) Any other cause which, in the absolute discretion of the EIC is beyond the Contractor‟s control I. Request for the rescheduling of Milestones and extension of time, be made by the Contractor in writing within 14 days of the happening of such event causing delay in prescribed form. II. Extension shall be communicated to the Contractor by the EIC in writing, within 3 months or 4 weeks of the date of receipt of such request resp. III. Non application by the Contractor for extension of time/ rescheduling of Milestones shall not be a bar for giving a fair and reasonable extension/ rescheduling of milestones by the authority (EOT: Executive Engg, Rescheduling of Milestones: Project Manager) and this shall be binding on the Contractor.
  • 44. NICMAR Pune 44 Schedule No. 9: Taxes & levies Sr. Clause Page No. Volume Clause Description Clause Observations / Pertinent Point Cl. 37 of GCC (p 581) Levy/Taxes payable by the Contractor Contractor shall pay: a. Sales tax/VAT, BOCW or any other tax or cess wrt this contract b. Service Tax to be paid by Contractor to the concerned Dept on demand and reimbursed to him by EIC. c. Royalty and obtain necessary permits for supply of red bajri, stone, kankar etc from local authorities d. Any taxes or cess payable by Govt of India and not by Contractor, then the amount shall be recovered from the duesof the Contractor. Cl. 38 of GCC (p 581) Conditions for reimbursement of Levy/Taxes if levied after receipt of tenders Contractor shall be reimbursed all taxes applicable after last date of submission of bid (Including all extensions) However, Contractor shall keep necessary book of accounts and other relevant documents for quantification and shall notify EIC within 30 days of such imposition of taxes in writing with proof.
  • 45. NICMAR Pune 45 Schedule No. 10: Insurances Sr. Clause Page No. Volume Clause Description Clause Observations / Pertinent Point Cl. 3.25 of SCC (p 83) Insurance Contractor shall provide insurance covers in the joint names of EIC and Contractor from the start date to end of DLP against: a) Loss of life or injury involving public, employee of the contractor or that of the department, labour etc. b) Loss or damages to the finished works / WIP c) Loss or damage to the works or property belonging to public, Govt bodies, local authorities, utility organizations, contractors, employers or others. If Contractor fails to take such insurance cover, employer shall voluntarily take such insurance policies and premium thereof shall be recovered from the Contractor‟s due or security deposit.
  • 46. NICMAR Pune 46 Schedule No. 11: Claim Procedures & Dispute Resolution Sr. Clause Page No. Volume Clause Description Clause Observations / Pertinent Point Cl. 25 (p 563), Amendment Office Memorandum No: DG/CON/255 (p 666) of GCC, Schedule F (p 55) Settlement of Dispute and Arbitration In case of any dispute related to the contract: I. If the Contractor is of the opinion that any piece of work to be considered out of the Contract and the same has been rejected by EIC then, II. Contractor within 15 days request Superintending Engineer in writing for decision. Thereupon, Superintending Engineer shall give his decision within 1 month from the date of receipt of such request III. If the decision given by Superintending Engineer is not acceptable to the Contractor, then the Contractor may within 15 days from the date of receipt of such written decision appeal to the Chief Engineer. Chief Engineer shall convey his decision within 30 days from the date of receipt of such appeal. IV. If the decision given by Chief Engineer is not acceptable to the Contractor, then the Contractor may within 15 days from the date of receipt of such written decision appeal to the Dispute Redressal Committee (DRC). The DRC shall convey his decision within 90 days from the date of receipt of such appeal. V. Constitution of the DRC: a. Chairman b. Member c. Member VI. If the decision given by the DRC is not acceptable to the Contractor, then the Contractor may within 30 days from the date of receipt of such written decision give a notice to the Chief Engineer for appointment of Arbitrator for adjudication failing which the decision shall be binding and cannot be referred to adjudication by
  • 47. NICMAR Pune 47 Arbitrator. Refer Appendix XV for Dispute resolution mechanism. VII. Arbitrator shall be appointed by the Chief Engineer of CPWD. VIII. Party invoking Arbitration shall give a list of dispute accompanied by the amounts claimed along with the notice for appointment of Arbitrator and giving reference to the rejection by the Chief Engineer of the appeal. IX. No person other than the person appointed by the Chief Engg CPWD or Add. Director General or Director General shall act as an Arbitrator. If it is not possible then the matter shall not be referred to Arbitration at all. X. Also, if the Contractor does not make a demand for appointment of Arbitrator within 120 days of receiving the intimation from EIC that the Final bill is ready for payment, the claims shall be deemed to be waived off by the Contractor. XI. The arbitration shall be conducted as per Arbitration & Conciliation Act, 1996 (26 of 1996) or any statutory modifications or re- enactments thereof. XII. The Arbitrator shall adjudicate only on such disputes as are referred to him by appointing authority & give separate reward against each dispute and claim. If total amount of claims by a party exceeds 1,00,000/- the arbitrator shall give reasons for the award. XIII. If any fees are payable to the arbitrator, these shall be paid equally by both the parties. XIV. The arbitrator shall be deemed to have entered on the reference on the date he issues notices to parties to submit their statements of claims and counter claims. Venue to be fixed by arbitrator at his sole discretion. The cost of the reference of the award (including fees of the arbitrator) shall be in the discretion of the arbitrator who may direct to any by whom and in what manner, such costs or any part thereof shall be paid and fix or settle the amount of costs to be paid.
  • 48. NICMAR Pune 48 Schedule No. 12: Defect Liability Period/ Completion Certificate Sr. Clause Page No. Volume Clause Description Clause Observations / Pertinent Point Cl 17 of GCC Defect Liability Period 12 Months Cl. 8 (p 513),8A,8B (p 515), Amendment Office Memorandum No: DG/CON/272 (p 708) of GCC Completion Certificate and Completion Plan I. Within 10 days of the completion of the work, the Contractor shall give notice to the EIC of such completion. II. Within 30 days of the receipt of such notice the EIC shall inspect the work. III. If there are no such defects found in the works, the EIC may issue a final certificate of completion to the Contractor. IV. Or, a Provisional certificate of physical completion may be issued indicating the defects to be rectified by the Contractor for which payment will be made at reduced rates. V. Final completion certificate shall not be issued until the contractor shall remove all scaffolding, surplus material, rubbish and all huts and sanitary arrangements reqd for their work people on site and cleaned off the dirt from all wood work, doors, windows, walls, floor or other parts of the building required for execution. VI. If the contractor shall fail to complyas to removal of scaffolding, surplus materials and rubbish and all huts and sanitary arrangements as aforesaid and cleaning off dirt on or before the date fixed for the completion of work, the Engineer-in-Chargemay at the expense of the contractor remove such scaffolding, surplus materials and rubbish etc., and dispose of the same as he thinks fit and clean off such dirt as aforesaid, and the contractorshall have no claim in respect of scaffolding or surplus materialsas aforesaid except for any sum actuallyrealized by the sale thereof. VII. The Contractor shall submit completion plan as required vide General Specifications for Electrical Works (Part I internal) 2005 & (Part II External) 1994 within 30 days of the completion of the work. VIII. If Contractor fails to submit the completion plan before 30 days of
  • 49. NICMAR Pune 49 completion of the Project, then an amount of 2.5% of value of the work subject to the ceiling of Rs. 15000 shall be recovered. IX. The Contractor shall submit completion plan for water, sewerage and drainage line plan within thirty days of completion of the work. X. In case the contractor fails to submit the plan, the dept will get it done through other agency at his cost and actual expenses incurred plus Rs. 15,000/- for the same shall be recovered from the contractor.
  • 50. NICMAR Pune 50 Schedule No. 13: Final Bill Sr. Clause Page No. Volume Clause Description Clause Observations / Pertinent Point Cl. 9 (p 515), Amendment Office Memorandum No: DG/CON/272 (p 708), 273 (p 713) of GCC, Payment of Final Bill I. Final bill shall be submitted within three months of physical completion of the work or within one month of the date of the final certificate of completion issued by the EIC whichever is earlier. II. No further claims after submission of final bill shall be entertained. III. Payments on account of undisputed items and of items in dispute for quantities and rates as approved by EIC shall be made as far as possible within the period specified hereunder (Period being reckoned from the date of receipt of bill by EIC or his authorized Assistant. Engineer, complete with account of materials issued by the Dept& dismantled materials. a. If the Tendered value of work is up to Rs. 45 lac: 2 Months b. If the Tendered value of work is more than 45 lac and up to Rs. 2.5 Crore: 3 Months c. If the Tendered value of work exceeds Rs. 2.5 Crore: 6 Months IV. In case of delay in payment of final bills after prescribed time limit, a simple interest @ 7.5%pa shall be paid to the contractor from the date of expiry of prescribed time limit which will be compounded on yearly basis, provided the final bill submitted by the contractor found to be in order.
  • 51. NICMAR Pune 51 Schedule No. 14: Force Majeure / Subsequent legislation Sr. Clause Page No. Volume Clause Description Clause Observations / Pertinent Point Cl. 7 of Chapt 11: GCC (P 333) Natural Calamity  No payment will be made to the contractor for any damage caused by theft, rain, snowfall, floods, dampness, fire, sun or any other natural cause whatsoever during the execution of work.  The damage to the works for these reasons, shall be made good by the contractor at his own cost and no claim will be entertained.  In case of delay in making good the damage, the same shall be got done by the Dept. at the risk and cost of the contractor.  The Contractor will be responsible for watch and ward and safety of electrical installation and materials till the same are handed over to the maintenance Dept.  Pumping and bailing out water in suitable manner at no extra cost.  Unless otherwise provided in the SOR, it shall be all inclusive of all heights, depths, leads and lifts. Cl. 38 of GCC (p 581) Conditions for reimbursement of Levy/Taxes if levied after receipt of tenders Contractor shall be reimbursed all taxes applicable after last date of submission of bid (Including all extensions) However, Contractor shall keep necessary book of accounts and other relevant documents for quantification and shall notify EIC within 30 days of such imposition of taxes in writing with proof.
  • 52. NICMAR Pune 52 Schedule No. 15: Suspension/Termination/Foreclosure/Cancellation Sr. Clause Page No. Volume Clause Description Clause Observations / Pertinent Point Cl. 3 (p 501),3A (p 505), Amendment Office Memorandum No: DG/CON/255 (p 666), 272 (p 707), 273 (p 713) of GCC When Contract can be determined EICmaydetermine the Contract if: a. Contractor fails to rectify, reconstruct or replace any defects notified by EIC in writing within 7 days from the date of such notice. b. Contractor suspends the works unreasonably or fails to work with due diligence and continues to do so even after a notice of 7 days from EIC. c. Contractor fails to complete the works within the stipulated date or items of work with individual date of completion or within the period as notified by EIC. d. Contractor persistently neglects to carry out its obligations as per the terms and fails to take any remedial actions even after being notified by EIC within 7 days. e. Contractor offers or gives to any person in Govt. service any gift or consideration as an inducement or reward for doing or forebearing to do any relation to obtaining or execution of this or any other Govt. contract. f. Contractor enters into a contract with Govt. in connection with which commission has been paid or agreed to be paid by him unless disclosed in writing to the EIC. g. Contractor has secured the contract by wrong tendering or other non-bonafide methods of competitive tendering or
  • 53. NICMAR Pune 53 commits breach of Integrity Agreement. h. Contractor has been adjudged insolvent or has a receiving order or order for administration of his estate made against him or shall take any proceedings for liquidation or composition under any Insolvency Act. i. Agency is winded up or appoints any receiver or manager on behalf of the Creditor. j. Contractor suffers execution bring levied on his goods and allows it continue for 21 days. k. Contractor assigns, transfers, sublets entire works or any portion thereof without prior written approval of the EIC. If EICdetermines the Contract based on any of the cases above, then: a) The EMD, SD and already recovered Performance Guarantee shall be forfeited. b) Take balance or part of the un-executed work out of his hands and give it to another contractor to complete. Contractor shall not be allowed to participate in the tendering process for the balance works left unexecuted by the Contractor. In case the works cannot be started within 1/8th of the stipulated time for completion or one month whichever is higher, due to no fault of the contractor, then, either party may close the contract. In that case, PG shall be refunded within following time limits: 1. If tendered value is up to Rs. 45 lac: 1 Days 2. If tendered value is more than 45 and up to Rs 2.5Cr: 21Days 3. If tendered value exceeds Rs. 2.5 Cr: 30 Days If PG is not released within prescribed time limit, then a simple interest @ 0.25% per month shall be payable on PG amount to the contractor from the date of expiry of prescribed time limit. A compensation for such eventuality on account of damages etc. shall be
  • 54. NICMAR Pune 54 payable @ 0.25% of tendered amt subject to a max limit of Rs. 10 lacs. Cl. 4 of GCC (p 505) Contract liable to pay compensation even if not taken under Clause 3 EIC has rights over and above those mentioned in Clause 3 above to recover any compensation from the Contractor by taking its tools, plants, materials and stores in custody and even sell them by way of auction. Any other incidental cost shall be borne by the Contractor. Cl. 13 of GCC (p 541), Amendment Office Memorandum No: DG/CON/266 (p 697), 272 (p 710) Foreclosure of Contract due to Abandonment or Reduction in Scope of Work.  EIC may decide to abandon or reduce the scope of work at any time after its acceptance of the item rate offer.  EIC shall notify Contractor in this regard and Contractor shall act accordingly.  Contractor shall have no right to claim on any account (such as loss of profit) and Contractor will be paid at contract rate for the works executed or for items mentioned below which could not be utilized on the work to the full extent: i. Expenditure incurred on preliminary site work ii. Govt. shall take over Contractor‟s materials brought to site or is legally bound to accept delivery, at rates detailed by EIC, taking into account purchase price, cost of transportation and iii. deterioration or damages caused in the contractor‟s custody. iv. Materials supplied by Govt. rendered surplus except wastage may be returned at rates not exceeding original issue rates less deterioration or damage caused in the contractor‟s custody. Cost of transporting from site to Govt stores shall be paid. v. Reasonable compensation for transfer of T&P from site to contractor‟s permanent store or other works whichever is less only if T&P is transported. vi. Reasonable compensation for repatriation of contractor‟s site staff and imported labour.
  • 55. NICMAR Pune 55 The reasonable amount of items on (i), (iv), (v) above shall be within 2% of the cost of work remaining incomplete on date of closure. Compensation for damages shall be payable @0.5% of cost of work incomplete on date of closure. Cl. 14 of GCC (p 543) Carrying out part work at risk & cost of Contractor If Contractor:  fails to proceed with the works with due diligence even after 7 days of receipt of such notice from EIC  fails to comply with the terms and conditions of contract and does not remedy it within 7 days after issue of such notice from EIC  fails to complete the works within time stipulated or as per the extended time granted by EIC In such case of cancellation EIC shall,  Take possession of site, materials, plant and machineries etc.  Complete the balance works by deploying other contractor at the cost and risk of the Contractor. EIC shall determine the amount recoverable for incomplete work and execute at the risk & cost of the contractor, liability of contractor for loss or damage suffered by Govt. shall not exceed 10% of tendered value of work Credit shall be given to the contractor at same manner & rate as if it had been carried out by original contractor. Any excess expenditure incurred by the Govt. in completing the incomplete work shall be recovered from any due to the contractor, and if such money is insufficient, the contractor shall be called upon in writing and shall be liable to pay the same in 30 days. If the contractor fails to pay the required sum within 30 days, then EIC shall have the right to sell any or all of contractors‟ unused
  • 56. NICMAR Pune 56 materials, constructional plant, implements, temporary bldg at site etc. In event of the above course, contractor shall have no claim to compensation of any loss sustained by him by purchase or procurement of materials or any advances on any account. Cl. 15 (p 545), 15A, Amendment Office Memorandum No: DG/CON/272 (p 710) of GCC Suspensionof Works Contractor shall suspend the progress of works upon a written order from EIC in order to avoid injury or damages for the following reasons: a. Default on part of Contractor b. Other than default of Contractor c. For safety of works. If such suspension is because of reasons (b) & (c), then Contractor shall be granted equal extension in time PLUS 25% of granted extension in addition. If total period of suspension of item has a separate period of completion in the contract exceeds thirty days, contractor shall be entitled to salaries and/or wages paid by contractor to his employees &labour at site remaining idle during suspension period, adding 2% to cover indirect expenses, provided the contractor submits the claim supported by details to the EIC within 15 days of the expiry of period of 30 days. If work is suspended on orders of EIC for more than three months except (a) above, contractor may serve a written notice on EIC requiring permission within 15 days of receipt of notice by EIC to proceed with the suspended work and if such permission is not granted, then he shall give written notice to EIC within 10 days of expiry of the above 15 days
  • 57. NICMAR Pune 57 regarding suspension of work. No claim to payment of any compensation which he may have derived from execution of the work but could not due to abandonment. However, contractor shall be entitled to salaries and/or wages paid by contractor to his employees & labour at site remaining idle during suspension period, adding 2% to cover indirect expenses, provided the contractor submits the claim supported by details to the EIC within 15 days of the expiry of period of 30 days. Contractor shall not be entitled to claim any compensation from Govt. for the loss suffered due to delay by the Govt. in the supply of materials in schedule „B‟ where such delay is covered by the difficulties due to supply of wagons, force majeure or any other reasonable cause beyond control of the Govt. This clause will not be applicable for works where no material is stipulated.
  • 58. NICMAR Pune 58 Schedule No. 16: Documentation of Progress of Work Sr. Clause Page No. Volume Clause Description Clause Observations / Pertinent Point Cl. 3.16 of SCC Documentation of Work Progress The contractor shall submit 6 (Hard and Soft) Copies of progress report of work done during the previous month on the 7th day of next month. The report shall include: I. Actual quantum of the work done wrt the targets of the previous month II. Shortfall and proposal to make up for the shortfall. III. Target of each item of work proposed to be executed during the month. IV. Important material consumed and requirement for next month. V. Materials at site at the beginning of previous month, procured and consumed during the month and balance at site at end of the month. VI. Manpower and T&P deployed during previous month and requirement for the coming month. VII. Updated Completion Programme in MSP or CPM output as decided by EIC VIII. Min. 15 coloured photographs in 6 copies (5”x7”) and also in digital format of the bridge and other works including contractor‟s yard etc. depicting the progress of work at site during the month IX. 5 to 10 minutes duration video film (2 copies) which will include suitable animations/graphs/ digital graphs/ digital maps etc. as directed by EIC, depicting the methodology, sequence and progress of work on CD duly edited and with voice commentary given by Expert Human Voice-over professional. X. Documentation will include all drawings, machinery and labour deployed, service details, pre casting/ batching plant yard details,
  • 59. NICMAR Pune 59 electrical lighting fixtures and construction schedule etc. In case of failure in submission of progress report on 7th , a compensation @ Rs. 10,000/- per day with maximum amt limited to Rs. 1,00,000/- for single default will be levied. Cl 3.17: As built drawings and compiled video / photographs after completion of work to be submitted within one month of date of completion (Read entire Clause)
  • 60. NICMAR Pune 60 Schedule No. 17: Issuance of Material and Plant & Machinery Sr. Clause Page No. Volume Clause Description Clause Observations / Pertinent Point Cl. 10 (p 517) of GCC, Schedule B (p 50) Materials supplied by Government PWD shall not supply any materials Cl. 10A (p 519) of GCC, Cl. 3.57 (p 101), of SCC Materials to be provided by Contractor I. Contractor shall provide all construction materials at his own cost and as per the specifications stipulated by Govt. II. EIC shall within 30 days after receipt of samples of materials shall convey its approval or disapproval in writing. SCC 3.57: Cement must be from ISO certified company of OPC Grade 43/53 and steel should be Fe 500D from TISCO/SAIL/Rashtriya Ispat Nigam Ltd/IISCO/JSW/JSPL All Materials to be arranged by the Contractor Contractor shall submit samples of all materials to EIC for approval. Materials used in aesthetics of the works shall be also approved by EIC.
  • 61. NICMAR Pune 61 Bulk materials shall be taken up only upon obtaining approval from EIC/Architecture. Any delay in getting the samples approved shall be Contractor‟s responsibility. Cl. 18 of GCC (p 549) Contractor to supply tools and Plants Please read the entire Clause. Cl. 31 of GCC (p 571), Cl. 5.4 of Site Conditions (p 110) Unfiltered water supply Contractor to make its own arrangement of water required for construction works and shall not pay any cost on this account. 1. The water should be fit for construction purpose as per EIC 2. If EIC finds it unsatisfactory, he shall arrange alternative arrangements a the risk and cost of the contractor Cl. 5.4 of Site Conditions: Contractor to make their own arrangements of electricity and water for construction as well as drinking
  • 62. NICMAR Pune 62 Schedule No. 18: Advances /RA Bills Sr. Clause Page No. Volume Clause Description Clause Observations / Pertinent Point Cl. 7 (p 511), Amendment Office Memorandum No: DG/CON/272 (p 708), 273 (p 713) of GCC, Schedule “F” (p 52-53) R. A. Bills 1. Contractor shall submit the monthly bill for the work done in the preceding month. 2. Gross work to be done together with net payment / adjustment of advances for material collected, if any, since the last such payment for being eligible to interim payment is Rs.1000 Lacs. 3. Such payment shall be made within 10 days from the date of submission of bill by the contractor. 4. In case the Contractor fails to submit the monthly bill for the work done in the preceding month, then the EIC shall prepare such bill and no claims whatsoever due to delay of payment or interest shall be payable. 5. Works outside the headquarters of the EIC the period will be extended to 15 working days. 6. In case of delay in payment after 45 days of submission of bill, provided the bill is found to be in order, a simple interest @ 7.5% p.a. shall be paid from the date of expiry of prescribed time limit which will be compounded on yearly basis. 7. All such payments shall be regarded as advance payment as against the final payment. Cl. 10B i) of GCC (p 521) Secured Advance on Non Perishable materials I. Contractor on signing an indenture shall be paid 90% of the assessed value of any materials during the progress of works and which are brought to site and adequately stored/protected against weather or other causes but not incorporated in the works as yet. II. Materials shall be non-perishable, non-fragile and non-
  • 63. NICMAR Pune 63 combustible. III. When materials for which advance has been paid, is incorporated in the work, the amount of such advance shall be recovered/deducted from the next payment. IV. Such advances shall also be payable on other items of perishable nature, fragile and combustible with approval of EIC provided contractor has comprehensive insurance cover for full cost of materials. Cl. 10B ii), Sch F of GCC (p 53) Mobilization Advance NA Cl. 10B iii) - v) of GCC (P 521) Plant and Machinery and Shuttering material Advance I. 5% of tender value shall be given as plant and machinery advance if requested by the Contractor within 1 month of bringing such plant and machinery to site. II. Such advance shall be granted if EIC feels that the equipment to be deployed will expedite the construction works. III. In the case of new plant and equipment advance shall be restricted to 90% of the price of such new plant and equipment. IV. In the case of second hand and used plants and equipment, advance shall be limited to 50% of the depreciated value. V. 75% of such amount of advance shall be paid after the plant & equipment is brought to site and balance 25% on successfully commissioning VI. Leasing of equipment shall be considered as purchase of equipment and shall be covered by a tripartite agreement between: a) Contractor b) Leasing company c) And EIC
  • 64. NICMAR Pune 64 VII. In case of advance against leased equipment: a) EIC should feel the necessity of the equipment b) Equipment should be maintained properly and in working condition c) Should be hypothecated to the Govt. VIII. The mobilization advance and plant and machinery advance bear simple interest at the rate of 10 per cent per annum. IX. Advance with interest shall be recovered from Contractor`s running account bills starting after first 10% of the gross value of the work is executed and paid on pro-rata percentage basis of the gross value of the work billed beyond 10% in such a way that the entire advance is recovered by the time 80% of the gross value of the contract is executed and paid X. Recovery of advance can be extended on a written request from Contractor and at the discretion of Chief Engineer. XI. BG shall be renewed till the total sum of advance with interest is recovered.
  • 65. NICMAR Pune 65 Schedule No. 19: Price variation/Escalation Sr. Clause Page No. Volume Clause Description Clause Observations / Pertinent Point Cl. 10CC of GCC (p 525), Schedule F (p 53), Amendment Office Memorandum No: DG/CON/280 (p 724) Payment due to increase / Decrease in Prices / Wages after receipt of tender Price adjustment on account of escalation under various heads with respective percentages are as below: a) Labour as % of total value of work(Y) – 10% b) Fuel, Oil & Lubricant expressed as % of total value of work(Z)– 5% c) Civil component of Other Materials (Xm) – 35% Formula is: V = P x Q x Cl –Clo Clo Where, V = Variation in material cost i.e. increase or decrease in the amount of rupees to be paid or recovered. P = Base Price of material as issued under authority of DG, CPWD or concerned Zonal Chief Engineer and as indicated in Schedule “F” Q = Quantity of material brought at site for bonafide use in the works since previous bill excluding any such quantity consumed in the deviated quantity of items beyond
  • 66. NICMAR Pune 66 deviation limit and extra / substituted item, paid/to be paid at rates derived on the basis of market rate under clause 12.2 Clo = Price index for cement, steel reinforcement bars structural steel and POL as issued by the DG, CPWD and corresponding to the time of base price of respective material indicated in Schedule „F‟. For other items, if any, provided in Schedule „F‟, All India Wholesale Price Index for the material as published by the Economic Advisor to Government of India, Ministry of Industry and Commerce and corresponding to the time of base price of respective material indicated in Schedule „F‟. Cl = Price index for cement, steel reinforcement bars, structural steel and POL as issued under the authority of DG, CPWD for period underconsideration. For other items, if any, provided in Schedule „F‟, AllIndia Wholesale Price Index for the material for period underconsideration as published by Economic Advisor to Government ofIndia, Ministry of Industry and Commerce. Cl. 10CC of GCC (p 529), Amendment Office Memorandum No: DG/CON/280 (p 724) a. For other materials Component: Vm = W x Xm x (Ml– Ml0) 100 Ml0 Vm- Variation in material cost i.e. increase or decrease in the amount in rupees to be paid or recovered. Ml0 - All India Wholesale Price Index for civil component/electrical component*of
  • 67. NICMAR Pune 67 construction material as worked out on the basis of All India WholesalePrice Index for Individual Commodities/Group Items valid on the laststipulated date of receipt of tender including extension, if any, as publishedby the Economic Advisor to Govt. of India, Ministry of Industry & Commerce and applying weightages to the Individual Commodities/Group items. Ml- All India Wholesale Price Index for civil component/electrical component*of construction material as worked out on the basis of All India Wholesale Price Index for Individual Commodities/ Group Items for the period underconsideration as published by Economic Advisor to Govt. of India, Ministry of Industry & Commerce and applying weightages to the Individual Commodities/Group Items. (In respect of the justified period extended under the provisions of clause 5 of the contract without any action under clause 2, the index prevailing at the time of updated stipulated date of completion considering the effect of extra work (extra time to be calculated on pro-rata basis only as cost of extra work x stipulated period/tendered cost.) W – Cost of Work done worked out as indicated in sub-para (ii) of Cl 10CC. Xm =Component of „materials‟ (except cement, structural steel, reinforcementbars POL and other materials covered under clause10CA) expressed as percent of the total value of work. *Note: relevant component only will be applicable.
  • 68. NICMAR Pune 68 Amendment Office Memorandum No: DG/CON/280 (p 726) b. For POL: Not Applicable Cl. 10CC of GCC (p 533), Amendment Office Memorandum No: DG/CON/280 (p 726) c. For Labour Component: VL = W x Y x (LI– LI0) 100 LI0 VL : Variation in labour cost i.e. amount of increase or decrease in rupees to be paid or recovered. W : Value of work done, worked out as indicated in sub-para (ii). Y : Component of labour expressed as a percentage of the total value of the work. LI : Minimum wage in rupees of an unskilled adult male mazdoor, fixed under any law, statutory rule or order as applicable on the last date of the quarter previous to the one under consideration. (In respect of the justified period extended under the provisions of clause 5 of the contract without any action under clause 2, the minimum wage
  • 69. NICMAR Pune 69 prevailing on the last date of quarter previous to the quarter pertaining to updated stipulated date of completion considering the effect of extra work (extra time to be calculated on pro rata basis only as cost of extra work x stipulated period/tendered cost.) Llo : Minimum daily wage in rupees of an unskilled adult male mazdoor, fixed under any law, statutory rule or order as on the last stipulateddate of receipt of tender including extension, if any.
  • 70. NICMAR Pune 70 Schedule No. 20: Damages & Incentives provided in Contract Sr. Clause Page No. Volume Clause Description Clause Observations / Pertinent Point Cl. 2 (P 499), Schedule F (Electrical Works Vol- III) (P 301), Compensation for Delay(Liquidated Damage)/ LD on delay in achieving Milestone LD shall be deducted @ 1.5 % per Month of delay in completion of Project to be computed on per day basis. The maximum limit of LD shall be 10% of the Tendered Value. I. In event of non-achieving the necessary progress, 1% of the tendered value shall be withheld for failure of each mile stone. II. In case the next milestone is achieved, the amount withheld for previous milestone can be released. However, if levy of compensation is imposed the amount so withheld shall be adjustable against compensation to the extent is available as above. Sl. No. Financial Progress Time allowed (from date of start) 1. 1/8TH (of whole work) 1/4TH (of whole work) 2. 3/8TH (of whole work) 1/2TH (of whole work) 3. 3/4TH (of whole work) 3/4TH (of whole work) 4. Full Full Cl. 2A of GCC (P 501), Amendment Office Memorandum No:DG/CON/266 (p 697), Schedule F (P 52) Incentive for early completion A bonus @ 1% of the TenderedValue per month computed on per day basis shall be paid to the Contractor, subject to a maximum limit of 5% of the agreement value. Incentive if payable shall be paid along with the final bill.
  • 71. NICMAR Pune 71 Cl. 16 of GCC (P 547) , Schedule F (P 54) Action in case work not done as per Specifications Please read the entire Clause. Cl. 17 of GCC (P 547) Contractor liable for damages and defects Contractor shall make good all the defects in the works till completion of the defect liability period. In case Contractor fails to do so, EIC shall get the work corrected by other Contractor and cost for the same shall be deducted from any dues payable to the Contractor. The Security Deposit of the Contractor shall not be refunded before the expiry of DLP, after the issue of the certificate final or otherwise, of completion of works, or till the final bill has been prepared and passed whichever is later. In case of O & M works of Electrical and Mechanical services, SD shall be refunded within 1 month from the date of: a. Final payment or, b. Completion of the maintenance contract Whichever is earlier. Cl. 22 of GCC (P 563) Compensation All sums payable by way of compensation, shall be considered as reasonable compensation to be applied to the use of Govt without reference to the actual loss or damage sustained and whether or not any damage shall have been sustained.
  • 72. NICMAR Pune 72 Schedule No. 21: Contractor’s/Contractor’s Compliances Sr. Clause Page No. Volume Clause Description Clause Observations / Pertinent Point Cl. 19 of GCC (P 551) Labour Laws to be complied by Contractor The Contractor shall abide by the rules as per: a. Contract Labour (Regulation and Abolition) Act 1970 b. Contract Labour (Regulation and Abolition) Central Rules 1971 c. Child Labour (Prohibition and Regulation) Act 1986 d. Building and Construction workers (regulation of Employment & Conditions of Service) Act 1996 e. Construction Workers welfare Cess Act, 1996 Cl. 19B of GCC (P 551) Payment of Wages Please read the entire Clause. Cl. 19C of GCC (P 553) Contractor to provide safety provisions as per the safety code framed at his own expenses. If failed, penalty of Rs. 200/- for each default will be imposed and EIC shall make arrangements & provide facilities and recover the costs incurred on behalf of the contractor. Cl. 20 of GCC (P 561) Minimum wages Act Contractor shall comply with all the provisions of Minimum wages Act, 1948and Contract Labour (Regulation & Abolition) Act, 1970, amended from time to time and rules framed thereunder and other labour laws affecting contract labour brought into force from time to time. Cl. 21 of GCC (P 563) Work not to be sublet. Action in case of Insolvency Contractor shall not sublet any part of works without written approval of the EIC. In case Contractor sublets any part of work without notifying EIC or is declared insolvent or bribed Govt officials, then EIC shall take recourse of Clause 3 above (Termination).
  • 73. NICMAR Pune 73 Cl. 24 of GCC (P 563) Approval of EIC All works to be executed under the direction and subject to approval in all respect of EIC. Cl. 3.35.1 of SCC (P 89) Facilities to be provided to PWD by Contractor Please read the entire Clause. Cl. 2.21.2 of Additional Conditions (P 67) Minimum Plant and Machinery requirement Minimum requirement of equipment 1. Porclain (excavator) 60cum/hr – 4 nos 2. Dozer 160hp – 2 nos 3. Motor Graders –2 nos 4. Concrete Batching Plant 30cum/hr –2 nos 5. Vibratory Rollers (Front Drum- 8-10T) –3 nos 6. Integrated Piling Rig (Hydraulic Op Rotary type for broad cast-in-situ piles –4 nos 7. Concrete Pumps (1 stationery & 1 Boom Placer – 30Cum/hr) –2 nos 8. Transit Mixers (6 Cum) –3 nos 9. Tippers/dumpers –12 nos 10.Direct Mud Circulation Rigs for Piling -2nos 11.JCB -4nos 12.Cranes 100T -2nos 13.Cranes 60T -2nos 14.Cranes 40T -2nos 15.Cranes 25T -3nos 16.Trailer 80T -1no 17.Dewatering Pumps(15&20hp) -4nos 18.Water Tanker with Sprinkler(5000L) -4nos 19.Bar bending & cutting m/c -6nos 20.Core cutting m/c -1no 21.Welding m/c -6nos
  • 74. NICMAR Pune 74 22.Grader -3nos 23.Hydra -3nos Cl. 36 (i) (P 579), Amendment Office Memorandum No: DG/CON/265 (p 693), Sch F of GCC (P 56) Minimum Technical Staff and employees to be deployed Key personnel‟s 1. Project manager- 1 no (Graduate Engg) 2. Deputy Project manager – 2 no (Graduate Engg) 3. Project/ Site Engg- 2 no (Graduate Engg) 4. Project/ Site Engg- 2 no (Diploma Engg) 5. Struct Design Coordinator- 1 no (Graduate Engg) 6. Project Planning/ Billing Engg- 2 no (Graduate Engg) 7. Quality Engineer- 2 no (Graduate Engg) 8. Surveyor- 2 no. (Min Diploma Engg)
  • 75. NICMAR Pune 75 Schedule No. 22: Miscellaneous Clauses Sr. Clause Page No. Volume Clause Description Clause Observations / Pertinent Point Cl 2.12 (P 65), 2.10 (P 65), 2.11 (P 65)of Add Cond. &Cl 3.4 0.2 (P 92) of SCC Price inclusions Cl. 2.12 of Add Conditions: Rates for the items are inclusive of all labour, materials, T&P, incidental charges, octroi, taxes, contractors profit and overheads etc. unless, otherwise, specified. Cl. 2.10 of Add Conditions: Unless otherwise specified in the schedule of quantities, the rates tendered by the contractor shall be all inclusive and shall apply to all lifts & all heights, leads and depths and nothing extra shall be payable on this account. Cl. 2.11 of Add Conditions, 3.28 of SCC: Unless otherwise specified in the schedule of quantities, the rates for all items shall be inclusive of pumping/ bailing out water, wherever necessary for which no extra payment shall be made. The area shall be kept dry when the work is in progress even below water table. Nothing extra to be paid for slush / sludge removal. Cl. 3.40.2 of SCC: Contractor to make arrangements for traffic diversion and alternate route selection and road widening to accommodate extra traffic before commencement of work. Contractor to get the “Traffic Management Plan” approved from the Traffic Police before construction activity on road.
  • 76. NICMAR Pune 76 Cl. 23 of GCC (P 563) Change in Firms Constitution to be intimated Not Applicable Cl. 26 of GCC (P 567) Contractor to indemnify Govt against Patent Rights Please read the entire Clause. Cl. 27 of GCC (P 567) Lump sum provisions in Tender N.A. Cl. 29 of GCC (P 567) Withholding and lien in respect of sums due from Contractor Please read the entire Clause. Cl. 29A of GCC (P 569) Lien in respect of claims in other contracts Please read the entire Clause. Cl. 39 of GCC (P 583) Termination of Contract on Death of Contractor N.A. Cl. 40 of GCC (P 583) If relative working in CPWD then the Contractor not allowed to tender. Please read the entire Clause. Cl. 41 of GCC (P 583) No Gazetted Engineer to work as Contractor within 1 years of retirement Please read the entire Clause.
  • 77. NICMAR Pune 77 Schedule No. 23: Levy of Compensation Sr. Clause Page No. Volume Clause Description Clause Observations / Pertinent Point Cl 2.22 of Additional Conditions (P 68) Activity wise slippage and levy of compensation Please read the entire Clause.
  • 78. NICMAR Pune 78 Sl No Name of activity Target for Completing activity Due Date Levy of Compensation in case of failure (Rs.) 1 2 3 4 5 =(start date + targeted days) i Lab establishment as perAnnexure-D of tender Within 60 days from date of start 26-Jan-15 Rs 10000/- per day after 90 days ii Mobilization of Barricading material (of size and specification as per drawing) a) First 1000 m Within 30 days from date of start 27-Dec-14 Rs. 10000/- per meter per week after due date. b) Another 1000m Within 60 days from date of start 26-Jan-15 Rs. 10000/- per meter per week after due date. c) Additional quantity beyond2000m as directed byEngineer-in-Charge. Within time limit as directed by Engineer- in-Charge. If required Rs. 10000/- per meter per week after due date. d) Cleaning/repainting/proper maintaining of Barricading boards, as mentioned above and as directed by Engineer-in-Charge. (i) Cleaning every15 days and 1st & 16th date of each month Rs. 5000/- per meter per week after the due date.(ii) Repainting every six months or as intimated by Engineer-in-Charge. 26-May-15 26-Nov-15 26-May-16 26-Nov-16
  • 79. NICMAR Pune 79 iii T&P mobilization a) Piling rig Within 30 Days 27-Dec-14 Rs. 10000/- per day after 30 days b) Bar bending and cutting machine Within 30 days 27-Dec-14 Rs. 5000/- per day after 30 days c) Crane (100 Tonnes) Within 120 Days 27-Mar-15 Rs. 5000/- per day after 120 days d) Crane (60 Tonnes) Within 60 days 26-Jan-15 Rs. 5000/- per day after 60 days e) Trailer (80 Tonnes) Within 60 Days 26-Jan-15 Rs. 5000/- per day after 60 days iv Batching plants and concrete pump installation by contractor Within 90 days from date of start 25-Feb-15 Rs 15000/- per day after 90 days v Testing and approval ofmaterials a) Cement, aggregates,admixture etc. Within 15 days 12-Dec-14 Rs 10,000/- per day after 15 days vi Mobilisation of shuttering as per specifications All from date of start a. Shuttering for piers with all accessories including form liner (6 separate sets for 6 piers) within 45 days 11-Jan-15 Rs 10,000/- per day per set of pier after 45 days b. Superstructure i. For crash barrier within 180 days 26-May-15 Rs 5000/- per day after 180 days
  • 80. NICMAR Pune 80 ii. For facia panel of RE wall within 180 days 26-May-15 Rs 5000/- per day after 180 days vii Mock ups for approval as per specifications All from date of start a) For piers Within 60 days 26-Jan-15 Rs 10,000/- per day after 60 days b) Facia panel for RE wall Within 210 days 25-Jun-15 Rs 5000/- per day after 210 days c) Precast panel of crash barrier Within 210 days 25-Jun-15 Rs 5000/- per day after 210 days viii Safety equipment Within 30 days from date of start 27-Dec-14 . ix Submission of Programme Chart as per Clause 3.15 Within 14 days from date of award of contract 11-Dec-14 Rs. 10,000/- per day after 14 days of date of award with maximum amount limited to Rs. 1,00,000/-. x Submission of Monthly progress report and as built drawing etc. a) Monthly progress report by 7th of next month including Video Film shot by an Expert Professional Agency By 7th day of each month 7th day of each month Rs. 10,000/- per day after 7 days of next month with maximum amount limited to Rs. 1,00,000/- for single default. b) As built drawings after completion of project Within one month of completion of project 26-Dec-16 Rs. 10,000/- per day after one month of completion of project with maximum amount limited to Rs. 15,00,000/-.
  • 81. NICMAR Pune 81 c) Complete video film andcompiled photographsdepicting complete progressof work from start to completion after completionof project. Within one month of completion of project 26-Dec-16 Rs. 10,000/- per day after one month of completion of project with maximum amount limited to Rs. 15,00,000/-. xi Cleaning of road and traffic management and non- compliance of provisions of clause (Refer clause 3.40 & 3.35) Within one month of completion of project 26-Dec-16 Rs.20,000/- per single violation compounded to a maximum of Rs.5,00,000/- at any single instance. xii Non-compliance of safetyprovisions related to proper lighting of site of work / launching of precast segments/ steel girder erection and placement as per provisions of clause 3.39, 3.27 and other clausesof agreement violation if any At violation if any Rs.20,000/- for first violation and Rs.40,000/- for subsequent violations xiii Provision of site office Within 3 months from date of start 26-Feb-15 Rs.1,00,000/- per month after 3 months xiv Non-compliance of clause3.38 related proper house keeping Non-compliance if any At non- compliance if any Rs.10,000/- per single violation/ non- compliance compounded to a maximum of Rs.1,00,000/- at any single instance xv Not keeping two complete sets of the drawings as approved by the department at the site out of which one set shall be lined with cloth at all time available for inspection as per Clause 3.18 Within 14 Days ofDate of Start After GFC Drawings issued by PWD Rs. 5,000/- per day after14 days of date of start with maximum amount limited to Rs. 50,000/-. xvi Not making arrangements for tow away van/ truck / crane, to tow away any breakdown vehicle in thetraffic flow without losing any time. Whenever directed by Engineer-in-charge At non- compliance if any Rs. 10,000/- per single violation/ non compliance
  • 82. NICMAR Pune 82 xvii Not submitting a site layoutplan indicating the locations of various site facilities likeContractor‟s site office, stores etc. to be created by him as per clause5.4 Within 14 days from date of start or whenever directed by the Engineer-in- Charge 11-Dec-14 Rs. 5,000/- per day after 14 days of date of start or whenever directed by the Engineer- in-Charge with maximum amount limited to Rs. 50,000/-. xvii i Not indicating in writing thesource of materials to the Engineer-in-Charge as per Clause 6.1.1 Within 30 Days of award of work or whenever directed by the Engineer-in- Charge 26-Dec-14 Rs. 5,000/- per day after 14 days of date of award or whenever directed by the Engineer-in-Charge with maximum amount limited to Rs. 50,000/- at any single instance xix Not bringing Samples ofmaterials proposed to be used in the permanent works and submitting to the Engineer-in-Charge forapproval as perClause 6.12 Within 30 days before actual materials are brought to the site for construction/execution or Whenever directed by the Engineer-in- Charge 26-Dec-14 Rs. 5,000/- per day counted from 30 days before actual materials are brought to site with maximum amount limited to Rs. 50,000/- . at any single instance xx Not submitting detailed Quality Assurance Plan (QAP) / Quality Assurance Manual (QAM) with detailed method statements/detailed Proforma as per Chapter 8 Within 14 Days of award of work 11-Dec-14 Rs. 10,000/- per day after 14 days of date of award with maximum amount limited to Rs. 1,00,000/-.
  • 84. NICMAR Pune 84 CONCLUSION The summer internship at MECP, HCC Ltd. was a great experience in learning the works of various departments. The main work included preparation of the Contract Appreciation Document which provided me with practical information and knowledge about the contracts department. It aided me with the firsthand information about the project and helped in understanding the various constraints to the project at site. It was an educative experience and helped me in learning the various works of the construction industry. A few drawbacks of Contract’s terms and conditions which are affecting work progress at site are as follows: • There is no provision for Mobilization Advance as per the contract. Hence the initial investment of the company is huge for setting up offices and other temporary structures at site, mobilizing of manpower and various equipments and machinery at site etc. • The minimum Billing value for submission of bills is Rs.1000 Lacs. Another reason why the initial investment of the company in the project is very high as the investment on the actual works must exceed Rs. 1000 Lacs for presenting of Bill. • Too many monetary compensations/ fines are applicable in the contract. • Delay in shifting of Utilities & provision of Work Front by PWD is a major cause of time overrun. This has also lead in traffic congestion and inconvenience to the local residents and has also been published in a leading daily newspaper (clipping attached). • Delay in providing approved design drawings by PWD has also been a cause for slow progress of work at site.