visakhapatnam steel plant 1.0 general 2.0 … · visakhapatnam steel plant special conditions of...

VISAKHAPATNAM STEEL PLANT SPECIAL CONDITIONS OF CONTRACT

I N D E X

1.0 GENERAL

2.0 INTERPRETATION OF CONTRACT DOCUMENTS

3.0 SCOPE OF WORK/COVERAGE OF CONTRACT

4.0 MATERIALS BY EMPLOYER

5.0 MATERIALS BY CONTRACTOR

6.0 WATER

7.0 POWER

8.0 LAND

9.0 TIME FOR COMPLETION/DURATION OF CONTRACT

10.0 TAXES AND DUTIES

11.0 DEDUCTION OF TAXES ETC., AT SOURCE

12.0 PRICE VARIATION

13.0 VARIATION IN QUANTITIES

14.0 BILLS

15.0 SECURITY REGULATIONS

16.0 SITE ORDER BOOK

17.0 LABOUR RETURNS

18.0 MODE OF MEASUREMENT

19.0 CLEARING THE SITE

20.0 GOVERNMENT UNDERTAKINGS

21.0 UNAUTHORISED USE OR MISUSE OF EMPLOYERS/PUBLIC

PROPERTY OR UTILITIES

22.0 EXCEPTED MATTERS

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SPECIAL CONDITIONS OF CONTRACT 1.0 GENERAL: 1.1 These special conditions of contract shall be read in conjunction with the other

contract documents and are complementary to Invitation to Tender, General Conditions of Contract, Specifications, preamble to bill of quantities, bill of quantities, drawings and/or other supplementary documents detailing the work.

2.0 INTERPRETATION OF CONTRACT DOCUMENTS: 2.1. In case any portion of the Contract documents is repugnant to or at variance with

any provisions of the 'Special Conditions of Contract' and ‘General Conditions of Contract' and or with the other documents, the documents that shall prevail over the other shall be as detailed hereunder:

1) Special Conditions of Contract prevail over provisions of General

Conditions of the Contract.

2) Provisions in the Bill/Schedule of quantities including Preamble to Bill of Quantities shall prevail over the provisions of specifications, drawings and special conditions of contract.

3) Between two issues of same document, the document revised or re-issued

as of the later date shall prevail.

4) All specifications, contract drawings and other documents shall be interpreted in conformity with the general conditions of contract as supplemented and/or modified by Special conditions.

5) In case of any conflict of meaning either in the same document or between

other documents (other than the above stipulations), the Engineer's decision will be final, binding and conclusive.

3.0 SCOPE OF WORK/COVERAGE OF CONTRACT: 3.1 The scope of work under this contract will be “ …………………………………”

complete in all respects all as per drawings, specifications and instructions of the Engineer and any other details to be furnished from time to time and as broadly indicated in the bill of quantities.

3.2 The contract for the work is a complete one for all materials, labour and

workmanship with the contractors overhead and profit, including all temporary works and the provisions and use of tools, tackles etc. It will be contractor's responsibility to do all the works and incidentals for quality execution.

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: 3 : 3.3 Except where it is expressly provided that the cost will be borne by the employer,

the various obligations of the contractor under the contract shall be at the cost of the contractor.

4.0 MATERIALS BY EMPLOYER:

No material shall be issued by the Employer for the work except otherwise as specified in the tender. However, if any material which in the opinion of the Engineer is required to be issued by the Employer subject to availability at the rates fixed by the Employer from time to time and on written request of the contractor. The cost of these materials shall be deducted from the bills. It may be understood that such issues will be made purely at the discretion of the Employer.

5.0 MATERIALS BY CONTRACTOR:

5.1 All materials required for the works and under the scope of the contractor's supply shall conform to the relevant specifications and or as per Bureau of Indian Standards and shall be arranged and procured by the Contractor at his own cost. All such materials shall be subject to inspection and approval by the Employer from time to time and the Contractor shall provide all facilities for its inspection free of cost. The Engineer will reject such materials which do not conform to the specifications and no claims for compensation on this account will be entertained.

Non-supply/Delays, if any, in the supply of committed materials by the Employer will not form the basis of any claim whatsoever by the Contractor except for cost of such material on actual basis if procured by the Contractor with the permission of Employer.

. 5.2 INSPECTION OF MATERIALS:

Construction materials brought by the contractor for incorporation in the works shall be inspected and passed by the Engineer from time to time. The contractor shall provide all facilities for such inspection at his own cost.

All rejected materials shall be removed from the site forth-with by the contractor at his own cost.

Materials that could be tested in VSP Laboratory will be tested free of cost. For materials that could not be tested in VSP Laboratory, the same shall be got tested by the contractor at other approved laboratories at his own cost. The test certificates shall be submitted for the necessary approvals.

6.0 WATER: 6.1 Water required for the works will be made available free of cost to the contractor

from Employer's existing water main from a suitable point to be allotted by the Employer. The contractor shall make his own arrangements for drawing water from this point and for further distribution at his own cost with the approval of the Engineer. The contractor shall construct necessary storage vats at his own cost for storing enough water as may be necessary and at least for two days requirements. No claim for compensation for any failure or short supply of water will be admissible. The detailed requirement of water may be indicted by the Contractor for the consideration of the Employer.

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The employer reserves the right to draw water without charge from distribution lines laid by the contractor, if he requires the same for any of his other works executed directly or through other agencies.

6.2 On completion of the work, the contractor at his own cost shall remove all the

above said pipelines unless their retention is permitted by the Employer before the final settlement dues to the contractor are released. The employer reserves the right on completion of the work to take over any or all the pipelines put up by the contractor at prices to be mutually agreed upon which in any case will not be more than the actual cost incurred by the contractor less depreciation at standard rates.

7.0 POWER: 7.1 Electric power at 415/240 Volts, 3 phases/1 phase, 50 cycles in bulk, at the

existing substations or kiosks and as per the discretion and under the control of the employer will be made available to the contractor. Further connections, distribution, installation of the switch board etc, shall be arranged and maintained by the contractor by a licensed supervisor and at his own cost, with prior approval of the Engineer. The distribution system shall conform to the Indian Electricity Act 1910 and the Indian Electricity Rules 1956, with the latest amendments, and all the installations are to be approved by the Electrical Inspector, Government of Andhra Pradesh before power can be supplied by the Employer. All wiring from the switch board shall be removed by the contractor on completion of works. He shall reinstate and make good any work disturbed by the temporary power lines at his own cost to the satisfaction of engineer. No claim for compensation for any failure or short supply of power will be admissible. The contractor may indicate the requirement of electric power including for lighting for the consideration of the Employer.

7.2 The contractor shall intimate in writing soon after the work is awarded, the

requirement for power indicating the phases requirements if any. The contractor shall ensure that the electrical equipment installed by him would be such that the aggregate power factor does not fall below 0.85 at the employer's terminal point.

7.3 Power supply shall be free of cost to the contractor for all the works to be done as

per contract, offices and other site facilities located within the Township for this work.

The contractor shall make his own arrangements at his own cost to draw power for all the works to be done as per contract, offices and other site facilities from the supply point allotted by the employer.

7.4 The Employer shall make all possible efforts to maintain regular power supply but shall not be responsible for any failure of power supply and any consequences arising there from. The contractor shall obtain the permission of the employer for installation of machinery, construction of buildings and electric power supply connection to them. The contractor shall maintain the distribution system and shall be responsible for any defects therein. Any defect pointed out by the Employer/electrical inspector in the distribution system shall be rectified forthwith by the contractor failing which the power supply may be cut by the Employer.

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8.0 LAND: 8.1 The employer will at his discretion and for the duration of the contract make

available land, free of charge, within and/or near the employer's works site for the contractor to put up the stores, site fabrication yard and office as required for the execution of the contract. Any clearing and leveling of ground, services, roads etc. as required shall be done by the contractor at his own cost conforming to the various stipulations of the Employer. The area required for the above purpose may be indicated by the contractor for the consideration of the employer.

8.2 Accommodation for labour and supervisory staff:

The contractor shall make his own arrangements for the accommodation of his labour and supervisory personnel for which no land shall be provided by the Employer.

8.3 On completion of works and/or on termination of contract, field office,

construction stores, fabrication yard and all other temporary works shall be dismantled and removed from the site by the contractor and the site and works shall be left clear and clean of all obstruction at his cost. In the event of contractor's failure to do so, the Employer reserves the right to clear the site in the manner as he may deem necessary and the cost and expenses for all such clearances incurred by the Employer shall be recovered from the contractor's bills or from any money due to the contractor from the Employer without prejudice to any other measures the Employer is empowered to take under the contract. The Employer also reserves the right to take over any or all such temporary structures put up by the contractor on completion of the works at the mutually agreed terms.

9.0 TIME FOR COMPLETION/DURATION OF CONTRACT: 9.1 The completion period/duration of contract for the entire work shall be as

specified elsewhere reckoning from the date of issue of letter of intent or Fax letter of intent whichever is earlier.

A detailed schedule of work is to be prepared and submitted by the Contractor soon after award of the work for approval of the Engineer. Time is essence of the contract. The contractor shall complete the work in phases as per the approved schedule. In the event of non completion of work as indicated in the schedule, action as deemed fit by the Engineer shall be taken in terms of contract.

9.2 The work covered under the contract is to be executed in a well coordinated and

in a sequential manner so as to give fronts for work to other agencies in the area. With this objective, the contractor has to execute the work as per the approved time schedule set by the Engineer and the contractor shall make all necessary arrangements including planning for executing the work in all shifts and also on Sundays and holidays as per the requirement to keep to the time schedules and to maintain commissioning schedules for different shops/units of the work. In some cases, the work may have to be carried out intermittently. No extra payments will be made on these accounts by the employer.

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9.3 The contractor shall furnish detailed monthly and annual programme/schedule in

consultation with the Engineer prior to commencement of work. The contractor shall follow the programme diligently as approved by the Engineer and the approved programme shall be final, binding and conclusive on the contractor.

9.4 PROGRESS REPORTS:

The contractor shall submit to the Engineer in the prescribed form and at regular intervals as required by the Engineer, the details of progress of work executed in addition to all other reports and returns to be submitted as per the statutory obligations and/or as per the other conditions of the contract and or as directed by the Engineer.

9.5 The contractor shall execute the work to the satisfaction of the Engineer and

strictly adhere to the time schedules. Any addition, alteration or modifications in the time schedule or specifications given in writing by the Engineer will be final, binding and conclusive on the contractor.

9.6 If at any time the Employer finds that any particular work/works is/are not

progressing properly according to the approved detailed programme, the Employer will have the right to take over the particular work/works for execution by himself or through any other agency at the risk and cost of the contractor.

9.7 AUTHORISED AGENT:

The contractor shall have a duly authorised agent at site from the commencement to the completion of the work. Such agent shall be authorised to act on behalf of the contractor, to accept notices under the contract and to agree to extra and varied items of works and rates for the same. Such agent shall maintain in his staff, qualified engineers, and such other personnel as may be required for efficient execution of the works. Any notice under the contract shall be deemed to have been served on the contractor if served upon such agent at site or sent by registered letter to the agents address. The agent shall not be changed (unless required by the Engineer) and continued till completion of the contract unless the consent of the engineer has been previously obtained for the change of the Agent.

9.8 The contractor shall send at his own cost a duly authorised competent

representative to meet the Employer at his office at Visakhapatnam or at any other place within the country in connection with his works whenever called upon to do so by the Employer or Engineer and any instructions, directions or explanations given by the Employer or by the Engineer to such representatives shall be deemed to have been given to the contractor for compliance.

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9.9 TOOLS:

The contractor shall make his own arrangements for all tools etc., for all the works covered in the contract.

9.10 All tools once brought by the contractor to the site are not to be removed from the

site without the written permission of the Engineer. 9.11 If in the opinion of the Engineer, the tools brought to site or arranged by the

contractor, are not sufficient or/are inadequate, the Engineer shall have the right to direct the contractor and the contractor shall comply with the directions, and arrange to bring such additional tools, tackles etc., to the site and employ the same for the work at his own cost.

9.12 COOPERATION WITH OTHER CONTRACTORS AND EMPLOYER'S

OPERATION DEPARTMENT:

The contractor shall plan and execute his work in phased manner as directed by the Engineer from time to time and shall fully cooperate with other agencies working at site simultaneously. The decision of the Engineer on any point of dispute between the various contractors shall be final and binding on all the parties concerned.

10.0 TAXES AND DUTIES: Total amount quoted by the tenderer shall be inclusive of all taxes & duties and

service tax. However, Service Tax paid by the successful tenderer shall be released only on submission of invoice detailing the amount of service tax payable on the input services as per the service tax rules. The tenderer has to indicate the amount of CENVAT towards Excise Duty and Service Tax thereon as well as APVAT for which they shall provide relevant duty paying documents as per the provisions of the respective Acts for enabling the employer to avail CENVAT (ED & ST) and ITC on account of APVAT.

The applicable service tax amount will be released to the contractor on submission of relevant documents like copy of Registration Certificate from their Jurisdictional Superintendent of Service Tax that they are registered under the service tax rules and Cenvatable invoice containing the following details: i) Their name, address and the registration number and service tax range. ii) The name and address of the person receiving taxable service (RINL) iii) Description, classification and the value of taxable service provided. iv) Service tax and education cess payable thereon. For the purpose of payment by the Employer the contractor shall ensure that necessary duty/tax paying documents shall be furnished for the total amount of ED/ST/APVAT and ITC specified and as included in the tender value. In case the value of the duty/tax paying documents, duly complying with the procedure and conditions stipulated by the Central Excise/Service Tax/APVAT authorities, submitted by the contractor falls short of the amount specified in the tender, the payment will be restricted to such short amount. For this purpose, the total amount of duty/tax on various items forming part of the contract will be taken as one instead of individual item-wise.

: 8 : In case the value of duty paying documents duly complied with the procedures & rules stipulated by Central Excise / Service Tax and APVAT Authorities is more than the amount specified and incorporated in the price schedule, the payment will be restricted to the agreed value i.e., contract award value irrespective of the Employer may avail the CENVAT & ITC basing on the duty paying documents made available. The contractor shall submit the necessary duty/tax paying documents for all the items of equipment involved in the contract. However, due to variation in Bill of Quantities whether increase or decrease, the taxes & duties shall be adjusted proportionately and the payment shall be considered on actual quantities subject to furnishing all required documents/particulars and complying with procedures/rules etc.

The contractor should have registration under all applicable Statutory Acts. He

should produce documentary evidence to this extent before the work is awarded/started.

10.1 EMPLOYEES PROVIDENT FUND ACT:

The contractor shall ensure strict compliance of provisions of the Employees Provident Fund Act 1952 and the Scheme framed thereunder in so far as they are applicable to their establishments and agencies engaged by them. The contractor is also required to indemnify the Employer against any loss or claims or penalties or damages whatsoever resulting out of non-compliance on the part of the contractor with the provisions of the aforesaid Act and the Schemes framed there under.

11.0 DEDUCTION OF TAXES ETC., AT SOURCE:

11.1 Recovery at source towards Income Tax calculated at the rates prescribed from time to time under the Income Tax Act 1961 and other relevant provisions of the Income Tax Act shall be made from the bill of the contractor and the amount so recovered shall be deposited with the Income Tax Department. Necessary receipt to this effect will be issued to the contractor in the prescribed proforma.

The contractor shall pay all taxes, levies, duties etc. as prescribed from time to time by the State/Central Government directly to the State/Central Government.

The contractor should produce documentary evidence for having paid the seigniorage fee/royalties/dead rent etc., as prescribed from time to time for Minor Minerals to the State Government. In the absence of production of such evidence the normal seigniorage fee/royalties/dead rent etc., together with five times penalty will be recovered from the bills of the contractor and paid to the State Government by the Employer.

11.2 SET-OFF :

Any sum or money due and payable to the contractor under this contract may be appropriated and/or withheld by the employer and set-off against any claim of the employer for payment of a sum or money arising out of or under any other contract or transaction with the contractor by the employer or by the Government (State/ Central) or by any Government Undertaking/Autonomous Body.

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12.0 PRICE VARIATION:

The price variation on accepted rates of the Bill of Quantities will be permissible only to the extent given in Annexure-IV enclosed. No other claim on account of any other variation either statutory or otherwise shall be applicable and the contractor’s rates shall be held to cover any such price fluctuations.

13.0 VARIATION IN QUANTITIES:

13.1 Quantities against individual items shall be subject to wide variation, without any limit. As such the parties are required to quote self-sustaining and reasonable rates against each item. No claim on account of wide variation of the quantities of individual items will be accepted. However, the rates in the agreement shall be valid upto plus or minus 30% of the initial contract value. No change in the unit rates or any claim on account of variation upto plus or minus 30% of the initial contract value will be entertained. Rates for quantity variation beyond this limit shall be mutually agreed to.

14.0 BILLS:

14.1 Payment of all works done by the contractor shall be made on the basis of the measurements recorded in the measurement sheets in the proforma prescribed by the Employer. The contractor shall submit the bills once in a month for the work done, unit wise, in the prescribed proforma with such details as may be required by the employer and based on measurements as accepted by the Engineer or his authorized representative. Such bills after scrutiny, checking and necessary correction will be passed by the Engineer or his representative after making deductions, if any. The payment will be made 15 days after the date of receipt of complete on account bills by the Engineer or his authorised representative from the contractor.

14.2 FINAL BILL:

Final payment for the work shall be released only after certification by the Engineer of satisfactory performance and completion of the contract in all respects and on an absolute no demand certificate in the prescribed form and upon return in good conditions of any documents, drawings, samples, or other property belonging to the Employer returnable as per contract and on compliance of all other clearance or requirement as per this contract.

In order to expedite finalization of contract the contractor will submit pre-final bill with final measurement, materials account, completion drawings etc., for every completed asset within three months of its completion and payments thereof will be made within three months subject to the contractor satisfying all requirements as per contract. In case of minus bill recovery will be effected from other dues.

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14.3 The Engineer or his representatives or any Government Authority with the permission of the Engineer shall reopen the work, examine the work or material and get tested the materials or work at any time and apply any deduction as deemed fit for non-conforming to the requirements as per specifications and other document. Release of any payment earlier will not absolve the right for such action. The contractor shall attend to all such works and rectifications directed by the Engineer without any extra cost. The decision of the Engineer shall be final, binding and conclusive.

15.0 SECURITY REGULATIONS: 15.1 The contractor shall abide by all the security regulations of the Employer in force

and promulgated from time to time and other statutory requirements. 15.2 SAFETY CODE:

The contractor shall abide by the safety regulations of the Employer, or as required by the Engineer, in respect of all labour engaged for the performance of the works and shall provide all the facilities in connection therewith. The contractor shall be responsible for following the provisions of all labour laws and rules made thereunder and other statutory requirements. The contractor shall ensure that necessary safety appliances are being used by his employees and workers working at site, particularly those engaged in erection work, without which the employees and workers shall not be permitted to be engaged on the work.

The contractor shall be responsible for the safety of his men and employees. The contractor shall be responsible for making all safety arrangements in the execution of work and shall employ trained workmen conversant with safety regulations. The contractor shall use only tested equipment and tools and shall periodically conduct tests according to standard procedures laid and such certificates shall be readily available for inspection at the site of work. He shall replace any tools, if so asked by the Engineer. The contractor shall be responsible for following all safety regulations and report all accidents to the concerned authorities and the Engineer. The Employer reserves the right to issue directions regarding safety and such directions shall be immediately implemented by the contractor. The contractor shall be responsible for obtaining work permit for execution of work in the vicinity of operational area at no extra cost. The Contractor's men and employees shall pass through safety induction programmes and as directed by the Engineer at no extra cost.

15.3 IMPLEMENTATION OF CONTRACT LABOUR (REGULATION AND

ABOLITION ACT 1970):

The contractor shall ensure the implementation of all the relevant provisions of the above Act, and shall be deemed to be the principal Employer for the purpose. Accordingly, the contractor shall have registration with the concerned statutory authority as provided under the Act and shall be directly responsible to the authorities thereunder for compliance with the provisions thereof.

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15.4 No child who has not completed his/her 14th year shall be employed or permitted to work in any works of Visakhapatnam Steel Plant and a child who has completed his/her 14th year or a person below the age of 18 years shall not be employed unless a certificate of fitness has been obtained from the authorised Medical Practitioner. For such persons the working hours shall not exceed four and half hours and the period of work shall not be between 10.00 PM to 6.00 AM.

15.5 SPEED CONTROL OF CONTRACTOR'S VEHICLES:

It will be entirely the responsibility of the contractor to ensure that his vehicles are not driven with so high speed, or in so reckless or rash manner as to cause an accident or prove to be a potential threat to the safety of the traffic. Where speed limits have been fixed, the same shall be strictly adhered to by the contractor's drivers. Similarly, if a driver or any staff of the contractor is caught in a theft case or in an unauthorised movement of materials or in any activity which is punishable under Law or in any activity not authorised by the Employer, the contractor shall bear the full responsibility for the loss and other consequences which may result to the Employer due to such illegal/unauthorised acts. In case of accident or injury or damage caused by the contractor's vehicle or by contractor's staff to any person or property the financial responsibility to compensate shall be borne solely by the contractor, and this amount may at the decision of the competent authority of Visakhapatnam Steel Plant be recovered from the bills or deposits of the contractor.

15.6 Suitable safety precautions shall be taken by the contractor for his vehicular

traffic at all level crossings/roads inside the plant/township area. Contractor would be using these roads at his own risk and responsibility without any liability on the part of the Employer.

15.7 SAFETY AND GUARDING OF WORKS:

The contractor shall take adequate safety precautions for prevention of accidents at site. The contractor shall also ensure that his employees observe the statutory safety rules and regulations as also those laid down by the employer from time to time and promptly submit report of accidents and state the measures taken by him to prevent their recurrence and also keep the employer indemnified of all claims arising out of such accidents.

The contractor shall at all time provide sufficient fencing, notice boards, lights, watchmen etc., to protect and warn the public and workmen and guard the works and provide all facilities and observe all the rules mentioned in the General Conditions of Contract and other documents and instructions issued from time to time by the Engineer which shall be final, binding and conclusive.

16.0 SITE ORDER BOOK:

A site order book shall be kept at the site of work under the safe custody of the contractor. Any special order and instructions to be issued to the contractor will be recorded in this book by the Engineer or his representative. Each page of the book will be numbered and initialed by the Engineer or his representative. The book shall always be kept safely at the site of work. The contractor shall sign all orders in token of his having seen and noted the same. The order book will be property of the Employer. The site orders and instructions shall be duly complied by the contractor.

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17.0 LABOUR RETURNS:

Periodical statements of labour employed by the contractor shall be submitted in the proforma prescribed by the Engineer. The statement shall indicate the details of displaced persons, S.C. and S.T engaged.

Displaced persons shall be given preference in the employment in the work. 18.0 MODE OF MEASUREMENT:

The mode of measurement shall be according to IS;1200 (latest version) to the extent not rendered in-applicable by the specific provisions of this contract.

19.0 CLEARING THE SITE:

Unless otherwise specified the contractor shall clear from the site before start of work all trees, rubbish, vegetations and brick bats, stones etc., and dispose them suitably in allotted areas as directed by the Engineer at his own cost. The contractor shall also clear the site and hand over the site on completion of work free from debris and surplus materials / earth etc., at his own cost.

20.0 GOVERNMENT UNDERTAKINGS:

In case the contractor is a Government of India Undertaking, any dispute between the contractor and Employer in respect of this contract shall be settled in accordance with the procedure laid down by the BPE / Government of India from time to time.

Government Undertaking will not be required to submit Security Deposit or Bank Guarantee for advance but however they shall submit Performance Bond in lieu of Security Deposit and Indemnity Bond in lieu of Bank Guarantee for advance in approved formats.

21.0 UNAUTHORISED USE OR MISUSE OF EMPLOYER'S/PUBLIC PROPERTY

OR UTILITIES:

The contractor and his Employees/workmen and the Contractor's Sub-contractor and their Employees/workmen are forbidden to unauthorisedly use or misuse the Employer's/Public property or utility and if any such unauthorised use/misuse occurs, the Employer may take severe action against the contractor including for direct and indirect damages, losses etc., for removal of their workmen concerned and forfeiture of their Gate Passes, in addition to statutory and legal actions on the contractor. Such recurrent action by the contractor will also be considered as persistent negligence on the part of the contractor to carryout his obligations under the contract.

22.0 In the above clauses wherever it is mentioned that the decisions/instructions/

opinions of the Engineer will be final/binding and are conclusive these will also be treated as excepted maters as defined in General Conditions of Contract.

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23.0 The Contractor has to comply with all statutory requirements in respect of labour employed dring the period of contract. The Contractor has to obtain licence from the Dy Commissioner of Labour, Government of Andhra Pradesh, Visakhapatnam and should maintain the documents/registers prescribed under the Contract Labour (R&A) Act, 1970 and follow the rules made thereunder and as amended from time to time.

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25.0 The contractor shall submit the Running Account Bills and the Final Bill in

approved proforma with duly signed measurement sheets to Engineer in quadriplicate for certification. The bills shall be accompanied by quantity calculations in support of the quantities contained in the bill along with the certificates and statements as directed by the Engineer. All Running Account payments shall be regarded as on account payments to be finally adjusted against the final bill payment.

The contractor shall maintain registers in approved proforma for the materials (cement etc) issued by Employer indicating particulars of receipts, particulars of issues and balance at site etc.

At the time of submission of bills the contractor shall submit custody certificate (material-wise) certifying the total quantity of materials collected from Employer, materials consumed in the works and balance materials lying in good condition and safe custody by the contractor at site. In case of any variations, the Engineer shall (whose decision shall be final and binding on the contractor) affect the applicable recoveries for the unaccounted material.

Also the contractor shall submit duly filled and signed along with the RA Bills and Final Bills, the following certificate/documents in approved proforma, failing which the bills shall not be passed for payment.

For RA Bills: Certificate complying statutory obligations of Labour Rules (Proforma enclosed) along with copies of the Labour License and Insurance Policies, detailed measurement sheets along with Bill in Bill form, unstamped acknowledgments for the materials received from Employer, materials issue statements along with copies of stores issue notes, material consumption statements, material issue and recovery statements, Royalty/ Seigniorage charges statements, along with proof of payment of the charges to Mines Department for the minor minerals consumed in the works.

For Final Bill: Check list for final bill (proforma enclosed), final measurement sheets along with the final bill in final bill form, unstamped acknowledgments for the materials received from Employer, materials issue statements along with copies of stores issue notes, material consumption statements, hire charges for the equipments, tools and tackles issued by the Employer, material issue and recovery statements, Material return statements along with original copies of the Stores Return Notes, No claim certificate by the contractor (on letter head of the Contractor), no objection certificate for payment of final bill from the Contract Labour Cell (Personnel Department of Employer), Royalty / Seigniorage charges statements along with proof of payment of the charges to Mines Department for the minor minerals consumed in the works.

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: 15 : 26. The following deductions per workman deployed category-wise shall be made

from the bills/ amounts due to the Contractor as applicable for the work done and such deducted amounts shall be released as mentioned below:

Recovery amount per labour

per every WORKING DAY (in Rs.) (Ro) S.No Component

UN-SKILLED SEMI-SKILLED SKILLED

To be released when

01 Notice pay Rs.10.48ps Rs.13.21ps Rs.15.95ps

02 Retrenchment compensation Rs.5.24ps Rs.6.61ps Rs.7.98ps

03 Leave with wages Rs.6.45ps Rs.8.13ps Rs.9.82ps

After the Contractor makes payment to the workmen in the presence of Engineer I/c and CLC representatives. A certificate to this effect is to be enclosed with pre-final bill. (to be paid with pre-final bill)

Sub-total Rs.22.17ps per every working

day

Rs.27.95ps per every working

day


day

04 Bonus Rs.10.50ps Rs.12.70ps Rs.12.70ps

After the Contractor makes payment to the workmen in the presence of Engineer I/c and CLC representatives. A certificate to this effect is to be enclosed with RA bill / pre-final bill. (to be paid with RA bill / pre-final bill as and when paid by the Contractor)

Grand total Rs.32.67ps per every working

day


day


day

Note:

i) In case of any statutory revision in Minimum Wages payable to Contract Workmen, by the Government of Andhra Pradesh, the above recovery amounts for above components per workman category-wise, are to be revised as per the following formula: Revised wage(X)

Revised recovery amount(R 1) = Original Recovery amount (Ro) x ----------------------

Original wage (Xo)

Where:

R1 = Revised recovery amount per working day per workman category

Ro = Original recovery amount envisaged in Contract per working day per workman category

X = Revised wage per day per category of workman., i.e. for unskilled , Semiskilled, and Skilled categories of workers as notified by Commissioner of Labour, Government of Andhra Pradesh, Hyderabad, published in the A.P. Gazette for the period under consideration.

Xo = Wage per day per category of workman i.e., for unskilled , Semiskilled, and Skilled categories of workers as notified by Commissioner of Labour, Government of Andhra Pradesh, Hyderabad, published in the A.P. Gazette as on the date of opening of Envelope-1 __________ .

ii) Wage per day per workman=(Wage per category per workman per month notified by AP Govt. / 26)

iii) Payment against the above components have to be made to the workmen based on prevailing wages of last month pay.

iv) The above recovery amounts are inclusive of 10% towards profits & overheads. The actual amount payable to each workman shall be arrived at by deducting 10% (towards profits & overheads) from the above recovery amounts

: 16 :

VISAKHAPATNAM STEEL PLANT VISAKHAPATNAM

PROJECTS DIVISION

(TO BE ENCLOSED WITH R.A. BILLS)

Sub: Statutory Obligations of Labour Rules 1. Name of the Contractor : 2. Name of the work : 3. Agreement No. : 4. Job Code No. & Party Code No. : 5. Labour License No. & Validity : 6. No. of workers for which above : labour license is obtained 7. Compliance to the provision : of Employees Provident Fund & Misc. Provisions Act, 1952 8. Validity of Workmen's : Compensation Insurance with

It is verified that no claims of the Workmen engaged by the contractor for this work has been received till date

Certified that we have been complying with the provisions of the statutes.

Signature of the Engineer Signature of Contractor/

or his authorised Power of Attorney Holder with date

Name: Name: Designation: Address: Date:

: 17 :

VISAKHAPATNAM STEEL PLANT VISAKHAPATNAM

CHECK LIST FOR FINAL BILL 1. Name of the work : 2. Name of the Contractor : 3. Contract-Agreement No. & Date : 4. Contract Value : 5. Value of Extra items : 6. Value of Final Deviation : 7 Final contract value : 8 Whether the final bill is in : prescribed format 9. Whether the total value of work certified exceeds

total contract value and if so, whether approval of the Competent Authority exists for the deviation.

:

10. Whether there are any extra items of work executed

by contractor whether such extra items of work was approved.

:

11. Whether the work was completed within the

contract/extend period of contract and whether any LD is levied.

:

12. Whether there is consumption of materials over and

above theoretical consumption plus authorised wastages. If so, whether suitable recoveries are made on quantities used beyond norms. Theoretical consumption statement also be submitted.

:

13. Whether there are free issue of materials. If so,

whether they have been properly accounted for and the surplus materials have been returned by the contractor or recovery as per the contract has been affected from the contractor.

:

14. Whether the empties/containers in case of free issues have been returned. If not so, whether proper recoveries have been made.

:

Contd…

: 18:

15 Whether No Claim Certificate is furnished by the

contractor in proper form duly countersigned by the "Engineer".

:

16 Whether No Demand Certificate of the “Engineer" is provided.

:

17. Whether materials issued on loan basis have been returned. If not, whether proper recoveries are made at the rates approved by the competent authority.

:

18. Whether drawings have been submitted by the Contractor.

:

19. Whether As built drawings have been submitted by the Contractor.

:

20. Whether the Royalty/Seigniorage fee on materials has been cleared and Proof/No Demand Certificate from the appropriate authority produced by the Contractor.

:

21. Whether the site has been cleared by Contractor. :

22. Whether any plant, machinery and equipment has been hired out to the contractor and if so, whether the hire charges have been recovered in full.

:

23. Whether water supply charges are recoverable and recovered.

:

24. Whether power charges are recoverable and recovered.

:

25. Whether all security passes issued have been returned by the contractor.

:

26. Whether there is any court attachment/ demands from Govt. departments. If so, whether recoveries have been made.

:

27. Whether the contractor has fulfilled Statutory obligations under the contract and CLC clearance from Personnel Dept submitted.

:

Signature of Engineer (VSP) Signature of Contractor with Seal Date: Date: Name: Name: Designation: Address:

:19:

ANNEXURE E S C A L A T I O N

The following clause relating to variation in wages shall be applicable. No other claim on account of any other variation either statutory or otherwise shall be applicable. 1. PRICE VARIATION DUE TO CHANGE IN LABOUR WAGES:

Price variation due to change in Labour Wages shall be applicable as per formula given below:

V = 0.70 x W x (X - X0) X0 Where: V = Escalation or de-escalation payable or deductable

W = Gross value of work done on the basis of contract rates for the period for which variation is applicable.

X = Average or revised minimum rates of wages of Skilled, Semi-

skilled and Un-skilled workers applicable for the area of site of work as per minimum rates of wages as notified by Commissioner of Labour, Andhra Pradesh, Hyderabad, published in the Andhra Pradesh Gazette for the period under consideration.

X0 = Average of minimum rates of wages of Skilled, Semi-skilled and

Un-skilled workers on the base date (ie., the date of opening of Envelope-I) applicable for the area of site of work as per minimum rates of wages as notified by Commissioner of Labour, Andhra Pradesh, Hyderabad, published in the Andhra Pradesh Gazette.

CLARIFICATION:

In case of revision of wages with effect from any date in a month, say September, 2004, the work done with effect from the first day of subsequent month (ie., 1st October, 2004) only will qualify for price variation as per the above formula.

: 20 : ANNEXURE

FORMAT FOR e-PAYMENT

BANK ACCOUNT DATA FOR e-PAYMENT

1. Option : EFT/Direct Credit 2. Name & Stype of A/c : (30 characters, alpha Numeric, Space

permitted) 3. Account Number : (15 characters, Alpha Numeric) 4. Account type : (Numeric codes shown below) 10 Savings Bank SB 11 Current Account CA 13 Cash Credit CC 14 Loan Account LA 5. Bank Name : 3-Digit MICR Code: 6. Branch Name : 3-Digit MICR Code: 7. City : 3-Digit MICR Code:

Signature of the Tenderer Name: Desgn:

Seal: ---------------------------------------------------------------------------------------------------

CERTIFICATE

Certified that the above particulars are matching with our records in respect of the above firm.

Sd/-………………… Authorised signatory of the Bank

Bank Seal

Note: Details of EFT/Direct Credit are at overleaf.

: 21 :

DETAILS OF EFT/DIRECT CREDIT

EFT System: Under this system Banks offer their customers money transfer service from account of any bank branch to any other Bank Branch. The EFT system presently covers all the branches of about 77 banks located at 15 centres indicated below, where clearing houses are managed by RBI ie., 1) New Delhi 2) Chandigarh 3) Kanpur 4) Jaipur 5) Ahmedabad 6) Mumbai 7) Nagpur 8) Hyderabad 9) Bangalore 10) Chennai 11) Trivendrum 12) Kolkata 13) Bhubaneswar 14) Guwahati 15) Patna. Direct Credit: Contractors opting for this system may open Bank Accounts with any one of the following banks: a) State Bank of India - Steel Plant Branch b) Canara Bank - Steel Plant Branch c) Bank of Baroda - Steel Plant Branch d) State Bank of Hyderabad - Steel Plant Township Branch e) Andhra Bank - Steel Plant Township Branch f) UCO Bank - Steel Plant Township Branch g) IDBI - Visakhapatnam Branch

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