SPECIAL CONDITION OF
CONTRACT
Signature of Contractor
Page 1 of 9
NBCC (INDIA) LTD
SPECIAL CONDITION OF CONTRACT
The following clauses of Special Conditions of Contract (SCC) shall be applicable for this contract:
1.
GENERAL
1.0.1
These Special Conditions of Contract shall be read in conjunction with General Conditions of
Contract (Volume I), Instructions to Tenderers (ITT), Notice Inviting Tenders (NIT), Bill of
Quantities (BOQ), Tender Drawings, Technical Specifications & Other Tender Documents.
1.0.2
Where any portion of special conditions of contract is repugnant to or at variance with any
provision of the Instructions to Tenderer and General Conditions of contract and/or the other
documents forming part of the contract then unless a different intention appears, the provision
of the Special Conditions of Contract shall be deemed to override the provisions of the General
conditions of contract and / or the other documents forming part of the contract only to the
extent such repugnant/variations in the special conditions of contract as are not possible of
being reconciled with the provision with Instructions to Tenderer or General Conditions of
contract and/or the other documents forming part of the contract.
2
SITE LOCATION
The proposed site for this project is located at following locations:
2.1 DESCRIPTION OF THE PROJECT:
Gosikhurd Irrigation Project is constructed across the river Wainganga, the biggest river of Vidarbha in
Godavari Basin. The Dam is located near village Gosikhurd in Tahsil Pauni Dist. Bhandara about 12 Km.
away from Pauni Town and 55 Km. away from Bhandara Town, 1,90,000 ha of Land will be brought
Under Irrigation in 3 Districts Viz Bhandara, Nagpur and Chandrapur under this project.
Gosikhurd Project Comprises 11.35 Km. long Dam as well as two main canals, L.B.C. & R.B.C.,
augmentation of Asolamendha Tank, Two mini hydro schemes and Concrete spillway in river course.
2.2 STATUS OF THE PROJECT:
The Dam work including spillway is nearly complete. The Right Bank Canal work up to 77 Km. is nearly
complete with some left out work as mentioned in the details attached in annexure “A” The work 78 to 99
Km. is mainly left out. The project also comprises of LIS such as Nerla, Mokhabardi etc. Nerla main canal is
about 44 km work and of which upto 8.5 km is almost complete and rest part is balance. In Mokhabardi
main canal most part of work is complete. Wadala is a branch canal of Mokhabardi LIS which is about 32
km and is incomplete on most part.
2.3 CLIMATIC CONDITIONS:
Climate of the region is dry and great variation in temperature. In the winter the temperature drops as
low as 50C, where as in summer this same shoots up to 450C. The precipitation in catchment is mostly
due to south Monsoon from Jun to Oct. with some occasional post monsoon showers in the November to
December. A few dry spell of a week or fortnight are generally experienced in August to Sept. The
average annual rainfall is about 1320 mm.
Signature of Contractor
Page 2 of 9
NBCC (INDIA) LTD
3.0
Brief SCOPE OF WORK
a. Balance/Left out Excavation work
b. CNS work
c. lining work
d. retaining wall
e. Construction of Remedial measures for failure of side slopes
f.
Construction of Remedial measures for failure of lining work
g. Construction of Remedial measures for failure of retaining wall
h.
Preparation of side slopes at some places
i.
Cleaning of collapsed material, grass, trees etc
j.
Removal of silt from canal.
k. Construction of Service Road and Inspection Path
l.
Construction of side drains, filter drains, porous plugs etc. for improvement of drainage.
m. Removal of overburden portion in the vicinity of the canal.
n.
Miscellaneous other additional works as per requirement of site for commissioning of canal.
i. Above work shall also include appropriate drainage for the canal and demarcation of
boundaries wherever required.
ii. On completion of above, handover the same to VIDC/NBCC in ready to commissioning of canal
for its use. Contractor will render and maintain world class standards with regard to all jobs
of the project as may be entrusted to it.
iii. Work under this contract shall consist of furnishing all labour, materials, equipment and
appliances necessary and required to completely furnish specialized services as described
hereinafter and as specified in GFCD Drawings.
iv. Without restricting to the generally of the foregoing shall include the following:v. The Contractor must get acquainted with the proposed site for the works and study
Specifications and Conditions carefully before Tendering. The work shall be executed as per
programme approved by the Engineer-in- Charge. If part of site is not available for any
reason or there is some unavoidable delay in supply of materials stipulated by the NBCC, the
programme of construction shall be modified accordingly and the Contractor shall have no
claim for any extras or compensation on this account.
vi. Works area shall be the area shown in the drawings.
4. 0 GENERAL
a)
Contractor has to carry out LIDAR survey twice. One at initial stage and the other after
completion of works at his own cost as per direction of Engineer-in-charge.
b. Quoted rate in BOQ
The rates quoted by the contractor shall be inclusive of all leads, lifts, royalty, dewatering,
duties, levies, all taxes etc. and nothing extra shall be payable to the contractor on the
quoted rates.
Signature of Contractor
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NBCC (INDIA) LTD
c.
The contractor shall also make sufficient arrangement of Radio Frequency based communication
for staff at site and shall provide sufficient no. of walkie-talkie sets after obtaining statutory
clearance (if required) from concerned authorities.
d. Existing Clause as per Clause No. 70 of GCC April 2016 Shall be read as under :On acceptance of tender, the contractor at his own cost will preferably construct two no. Preengineered/ Porta cabin’s office each in all three packages (viz. Nerla, RBC, Wadala) suitably
equipped with basic facilities such as, Tables, Chairs, Almirahs, telephone, fax, internet,
photocopier, computers, laser printers along with operators, regular electric and RO treated
drinking water supply and other accessories for smooth running of offices. Two no. of vehicles
each for all three packages (Viz. Nerla, RBC and Wadala sections) for the supervisory
staff/officials along with driver, fuel and maintenance etc. as per the requirement of the project.
Category of the vehicle would be Scorpio/Innova/Tavera or equivalent. The contractor shall
maintain the aforesaid facilities intact/ operational upto completion of defect liability period. All
Operational and maintenance cost of all such materials, equipments / services shall be borne by
the contractor. The area of each site office shall be between 800 to 1000 sqft
e. The quantities shown against the various items of work in the BOQ are only the approximate
quantities which may vary as per the actual requirement of work at site. The rate shall be paid as
per the quoted rates and Nothing extra shall be paid on this account.
f.
(i) The rates entered into BOQ for CSR WRD Nagpur 2016-17 are inclusive of royalty charges,
labour cess @ 1% insurance charges and 10% special package for Nerla works
(ii) The rates entered into BOQ for CSR WRD Nagpur 2016-17 are inclusive of royalty charges,
labour cess @ 1% insurance charges for RBC & Wadala works.
(iii) The rates entered into BOQ for PWD SOR Nagpur 2016-17 are inclusive of @ 1% insurance
charges for Nerla works, RBC & Wadala works.
Note: Also the rates quoted by the contractor shall be inclusive of all Dewatering existing
or that may occur in future due to any reason by suitable methods as approved by the
Engineer- In- Charge wherever required. The contractor shall be deemed to have visited
the work site before quoting. The methods for dewatering proposed by the contractor
shall be such that no loss should occur to the nearby area/ farm land/ natural vegetation/
village etc. the contractor shall also take approval from local authorities for dewatering, if
required. Nothing extra shall be paid on this account.
g.
The information of the Project is being provided only as a preliminary reference document by
way of assistance to the Bidders who are expected to carry out their own surveys, investigations
and other detailed examination of the Project before submitting their Bids. Nothing contained in
the tender document shall be binding neither on the NBCC nor confer any right to the Bidders
and the NBCC shall have no liability whatsoever in relation to or arising out of any or all contents
of the project related information.
h.
SUPPLY OF QUARRY SAMPLES AND FROM BORROW AREAS
Raw and processed samples of the mineral aggregates such as Earth and Murum from the
approved quarry shall be submitted by the Contractor at his cost. In case, if it is to be used in
embankment portion, prior written permission of Engineer- in -Charge is required.
i.
Removal of unsuitable material at embankment/sub-grade foundation and replacement with
suitable material shall be measured in cu.m. only after certification from Engineer- in -Charge.
The Unsuitable Material Shall Normally Be Used In hearting portion and is not supposed to be
Signature of Contractor
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NBCC (INDIA) LTD
removed from the site before written permission of Engineer- in -Charge. The dumping ground
shall be proposed by the contractor & approved by Engineer In charge or as directed by VIDC.
No payment shall be made if above instructions are not complied with.
j.
APPROVAL OF MATERIALS
Approval of all sources of material/quarries for work shall be obtained in writing from the
Engineer- in –Charge before their use on the works.
b.
GCC Section-2 Instruction to Tenderer Clause 26.0 Order of precedence of documents subhead
(vii) shall be read as under: -
a.
b.
c.
d.
e.
f.
g.
h.
i.
Letter of award (along with statement of agreed variations and its enclosures, if any).
Description of Bill of Quantities/Schedule of Quantities.
Additional conditions of contract
Special Conditions of Contract.
Technical specifications (General, Additional and Technical Specifications) as given in
the tender documents.
General Conditions of Contract.
Drawings
WRD/ MORTH/ PWD specifications (as specified in Technical specifications of the
tenders) update with the corrections slips issued upto last date of receipt tenders.
Relevant B.I.S. Codes.
5.0 Existing Clause as per Clause No. 7.0 of GCC April 2016 Shall be replaced as under :The formula for payment of Escalation shall be as per
Escalation:
(A)
If during the operative period of the Contract as defined in condition (i) below, there is any
variation in the Consumer Price Index (New Series) for industrial workers for Nagpur centre as per
the Labour Gazette published by the Commissioner of Labour Government of Maharashtra and/or
in the Whole- sale Price Index for all commodities, prepared by the office of Economic Adviser,
Ministry of Industry, Government of India, or in the price of petrol/oil and lubricants and major
construction materials like bitumen, cement, steel,various types of metal pipes etc., then
subject to the other conditions mentioned below, price adjustment on account of
1)
Labour Component
2)
Material Component
3)
Petrol, Oil and Lubricants Component
4)
Bitumen Component
5)
TMT and Mild Steel Component As per Actual
6)
Cement Component As per Actual
7)
C. I. and D. I. Pipes Component
Calculated as per formula hereinafter appearing, shall be made. Apart from these, No other
adjustments shall be made to the contract price for any reasons whatsoever component
Signature of Contractor
Page 5 of 9
NBCC (INDIA) LTD
percentages as given below are as of the total cost of work put to tender excluding star rate items.
Total of Labour, Material & POL components shall be 100 and other components shall be as per actual.
1)
Labour Component
-
K1 ( 31%)
2)
Material Component
-
K2 ( 58%)
3)
Petrol, Oil and Lubricants Component
-
K3 ( 11 %)
4)
Bitumen Component
-
5)
TMT and Mild Steel Component
-
Actual
6)
Cement Component
-
Actual
7)
C. l. and D. I. Pipes Component
-
Actual
Actual
Basic Star Rate for Materials:1
T.M.T. Steel
Rs. 38266 /-
per MT
(JPC)
2
Cement
Rs. 5500 /-
per MT
(W.R.D.)
Note: - If Cement, Steel, Bitumen C.l. & D.I. Pipes are supplied on Schedule ‘A’, then respective
component shall not be considered. Also if particular component is not relevant same shall be deleted.
1. Formula for Labour ComponentV1 = 0.85 x P x [ K1 / 100] x [L1-L0 / L0]
Where,
V1
= Amount of price variation in Rupees to be allowed for Labour Component.
P = Cost of work done during the quarter under consideration (Excluding royalty of materials)
minus the cost of Cement, T.M.T and Mild Steel, Bitumen, Cl. & Dl. Pipes calculated at the basic star
rates as applicable for the tender, consumed during the quarter under consideration.
K1 = Percentage of Labour Component as indicated above.
L0 = Basic consumer price index for Nagpur centre shall be average consumer price index for the
quarter preceding the month in which the last date prescribed for online receipt of tender falls.
L1 = The average consumer price index for Nagpur centre for the quarter under consideration.
2. Formula for Material ComponentV2 = 0.85 x P x [ K2 / 100] x [M1-M0 / M0]
Where,
V2 = Amount of price variation in Rupees to be allowed for materials component.
P
= Same as worked out for labour component.
K2 = Percentage of Materials Component as indicated above.
M0 = The basic wholesale price index for shall be average wholesale price index for the quarter
preceding the month in which the last date prescribed for online receipt of tender, falls.
M1 = Average wholesale price index during the quarter under consideration.
Signature of Contractor
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NBCC (INDIA) LTD
3. Formula for Petrol, Oil and Lubricant Component
V3 = 0.85 x P [K3 / 100] x [P1 - P0 / P0] Where,
V3 = Amount of price variation in Rupees to be allowed for P.O.L. Component.
P = Same as worked out for labour component.
K3 = Percentage of Petrol, Oil and Lubricant Component.
P0 = Average price of H.S.D. at Nagpur during the preceding the month in which the last date
prescribed for online receipt of tender, falls.
P1 = Average price of H.S.D. at the at Nagpur during the quarter under consideration.
4. Formula for Bitumen Component:
V4 = QB ( B1 – B0 )
Where,
V4 =
Amount of price variation in Rupees to be allowed for Bitumen Component.
QB = Quantity of bitumen (Grade) in metric ton used in the permanent works and approved enabling
works during the quarter under consideration.
B0 = Basic rate of Bitumen in rupees per metric ton as considered for working out value of P or
average ex-refinery price in rupees per metric ton including taxes ( octroi , excise , sales tax ) of Bitumen
for the grade of Bitumen under consideration prevailing quarter preceding the month in which the last
date prescribed for receipt of tender , falls whichever is higher.
B1 =
Current average ex-refinery price per metric ton of Bitumen (Grade) under consideration
including taxes (octroi , excise , sales tax ) during the quarter under consideration.
5.0 Formula for T.M.T. and mild Steel Component: -V4 = S0 (Sl1 - Sl0) / Sl0 x T
V4 = Amount of price variation in Rupees to be allowed for T.M.T. / Mild Steel component.
S0 = Basic rate of T.M.T. / Mild Steel in Rupees per metric ton as considered for working out the
value of P.
Sl1
= Average steel index - as per Economic Advisors Web Site during the quarter under
consideration.
Sl0 = Average steel index - as per Economic Advisors Web Site for the quarter preceding the month in
which the last date prescribed for receipt of tender, falls.
T = Tonnage of steel used in the permanent works for the quarter under consideration.
6.0 Formula for Grey cement component:
V5 = C0 (CI1 – CI0) / CI0 x T
V5 =Amount of price escalation in Rupees to be allowed for cement component.
C0 =Basic rate of cement in Rupees per metric ton as considered for working out the value of P.
CI1 = Average cement index for gray cement published in the Economic Advisors Web Site for the
quarter under consideration.
CI0 = Average of cement index f o r g r a y c e m e n t published in the Economic Advisors Web Site
for the q u a r t e r preceding the month in which the last date prescribed for receipt of tender, falls.
Signature of Contractor
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NBCC (INDIA) LTD
T = Tonnage of cement used in the permanent works for the quarter under consideration.
B) The following conditions shall prevail:
i) The Operative Period of the contract shall mean the period commencing from the date of the work
order issued to the Contractor and ending on the date on which the time allowed for the completion
of the work specified in the Contract for work expires i.e. stipulated date of completion (18 months).
ii) The escalation shall be payable to the contractor during the contract period and even during the
extended period of contract (if any). However, the indices prevailing at the time of scheduled date of
completion shall be frozen and escalation shall be paid on the basis of indices prevailing at the time of
scheduled date of completion for the remaining work executed beyond the stipulated period.
iii) Escalation amount shall only be released after the approval & receipt from the client.
iv) The escalation is also payable for the quantities even beyond BOQ quantities till the final quantities
are achieved for completion of work.
v) Taking into consideration the extension of time, if any, for completion of the work granted by
Engineer-in-charge under the relevant clause of the conditions of contract in cases other than
those where such extension is necessitated on account of default of the contractor. The decision of
the Engineer-in-charge as regards the extended Period of the contract shall be final and binding on the
contractor. Where any compensation for liquidated damages is levied on the contractor on account
of delay in completion or inadequate progress under the relevant contract provisions, the
price
adjustment amount for the balance of work from the date of levy of such compensation shall be
worked out by pegging the indices L1, M1, C1, P1, B1, S/1, and C/1 to the levels corresponding to
the date from which such compensation is levied if compensation is levied before the stipulated
date of completion.
vi)The price variation shall be determined during each quarter as per formula given above in this Clause.
vii) Price Variation under this Clause shall not be payable for the extra items required to be executed
during the completion of work on the basis of market rates.
viii) This clause i.e. operative both ways, i.e. if the price variation as calculated above is on the
plus side, payment on account of the price variation shall be allowed to the Contractor and if it is on
the negative side the Government shall be entitled to recover the same from the contractor and the
amount shall be deductible from any amounts due and payable under the contract.
ix) To the e x te n t t h a t full compensation for any rise or fall in costs to the Contractor is Not
entirely covered by the provision of this or other Clauses in the Contract, the unit rate and prices
included in the Contract shall be deemed to include amounts to cover the contingency of such other
actual rise or fall in costs.
x) Quarter under consideration means a period of three calendar months starting from January i.e
January to March, April to June, July to September and October to December.
6.0 Milestone
The intermittent milestone shall be as follows –
For Sub Package-1: Nerla Works
(i) First milestone: Completion period – 5 months from date of start for chainage 8.5 to 10 km
(complete work including commissioning of the canal)
(ii) Second milestone: Completion period – 9 months from date of start for chainage 10 to 20 km
(complete work including commissioning of the canal)
(iii) Third milestone: Completion period – 12 months from date of start for chainage 20 to 35 km
(complete work including commissioning of the canal)
Signature of Contractor
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NBCC (INDIA) LTD
(iv) Fourth milestone: Completion period – 15 months from date of start for chainage 35 to 43.8 km
(complete work including commissioning of the canal)
(v) Balance work of entire canal – 18 months from date of start for chainage 8.5 to 43.8 km
For Sub Package-2: RBC Works
(i) First milestone: Completion period – 9 months from date of start for chainage 30 to 45km
(complete work including commissioning of the canal).
(ii) Second milestone: Completion period – 12 months from date of start for chainage 45 to 60 km
(complete work including commissioning of the canal)
(iii) Third milestone: Completion period – 15 months from date of start for chainage 60 to 90 km
(complete work including commissioning of the canal)
(iv) Balance misc. work of entire canal – 18 months from date of start for chainage 0 to 90km
For Sub Package-3: Wadala Works
(i) First milestone: Completion period – 5 months from date of start for chainage 0 to 5 km (complete
work including commissioning of the canal)
(ii) Second milestone: Completion period – 9 months from date of start for chainage 5 to 10 km
(complete work including commissioning of the canal)
(iii) Third milestone: Completion period – 12 months from date of start for chainage 10 to 20 km
(complete work including commissioning of the canal)
(iv) Fourth milestone: Completion period – 15 months from date of start for chainage 20 to 32 km
(complete work including commissioning of the canal
(v) Balance misc. work of entire canal – 18 months from date of start for chainage 8.5 to 43.8 km
Note: In case contractor fails to achieve intermittent milestone, 1% of the contract amount shall be
withhold for each default for each package. In case contractor achieves subsequent milestone, the
withheld amount shall be released. In case LD is imposed on the contractor on final completion, the
withheld amount shall be adjusted in the final bill.
7.0 DLP & Release of PG & SD
a)
The Defect liability period of two monsoon season shall start after successful
completion/commissioning of the canal or the date of handing over of site to NBCC/VIDC
whichever is later. The contractor shall be responsible for the rectification of defects in the works
during the defect liability period. Any defects discovered and brought to the notice of the contractor
forthwith shall be attended to and rectified by him at his own cost and expense. In case the contractor
fails to carry out these rectifications, the same may without prejudice to any other right or remedy
available, be got rectified by NBCC at the cost and expense of the contractor. The performance
guarantee shall be released only after expiry of one monsoon season and Security Deposit shall be
released only after expiry of two monsoon seasons.
Signature of Contractor
Page 9 of 9
NBCC (INDIA) LTD