M AHAVITARAN INFRASTRUCTURE P LAN
SECTION 7: CONDITIONS OF P ARTICULAR APPLICATION
S ECTION 7
PART II: CONDITIONS OF PARTICULAR APPLICATION
Note: This Part II - Particular Conditions of Contract contains only modifications or amendments
made to the Part I - General Conditions of Contract which are specific to this Contract. Clauses that
do not contain any changes are therefore not mentioned herein.
CLAUSE 4
THE CONTRACTOR
Sub-Clause 4.20 Employer Supplied Machinery and Materials
Insert the following paragraph after the first paragraph in Sub-Clause 4.20:
“The Employer will not supply any machinery or materials for this Contract.’”
CLAUSE 7, PLANT, MATERIALS AND WORKMANSHIP
Sub-Clause 7.2 Delivery to Site
Insert the following paragraph after the first paragraph in Sub-Clause 7.2:
“For those items of Plant and Equipment that require inspection at the manufacturer’s plant
before delivery (pre-dispatch inspection), the Contractor shall be responsible to ensure that
the goods are delivered to the Site within 14 days of approval by the Employer’s
Representative or Third Party Inspector, as the case may be. In case the Contractor fails to
deliver the goods to the Site within this time, the said approval will automatically lapse and the
goods will require re-inspection and re-approval before delivery is made. In such case, the
Contractor will bear all costs associated with such re-inspection, and the Employer will be
entitled to recover such costs from any amounts due or to become due to the Contractor.”
CLAUSE 13
CONTRACT PRICE AND PAYMENT
Sub-Clause 13.4 Interim Valuation
Insert the following paragraph after the first paragraph in Sub-Clause 13.4.2:
13.4.2 Progressive Payments for Major Plant and Equipment:
Items which are deemed to be “Major Plant and Equipment” for the purposes of making
payment under this Sub-Clause shall be as listed on Annexure 1 to this Part II, or such other
items as may be mutually agreed by the Employer and the Contractor.
Delete the text of Sub-Clause 13.4.4 and replace it with the following text:
13.4.4 Procedures for Interim Valuations: The above procedures notwithstanding, interim
valuations for the purposes of determining payments to be made to the Contractor by the
Employer will be made on a progressive basis, subject to approval by the Employer’s
Representative and the conditions summarized in the following Table.
The designation “P” means progressive monthly payments up to the limits indicated, based on
progress made by the Contractor. The designation “LS” means that a lump sum payment will
be made upon successful completion of the activity described.
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M AHAVITARAN INFRASTRUCTURE P LAN
SECTION 7: CONDITIONS OF P ARTICULAR APPLICATION
Payment Schedule for Interim Valuations
(Reference to Sub-Clause 13.4.2)
Payment
Type of
Description
(in % of
Major Activity
Payment
(Stage of Work)
Total
Price)
Schedule 2: Designs, Drawings and Documentation
Mobilization of survey teams and subsoil investigation
Site surveys and subsoil
P
10%
crews to the Site and commencement of work
investigations
L.S.
(each
item)
Detailed designs and
construction documents
P
60%
30%
20%
60%
20%
Other documents
LS
100%
(Each
Item)
Schedule 3: Civil Works and Other Services
General civil works (Site
P
60%
clearance, excavation,
backfilling, site grading,
fencing, road works,
20%
drainage structures,
buildings, and other
miscellaneous works as
defined in the Schedule of
15%
Prices)
LS
5%
M AHARASHTRA STATE E LECTRICITY DISTRIBUTION COMPANY LTD.
Completion of field surveys and subsoil investigations
Balance payable on submission of surveys and soils
investigation reports, listing of ROWs, authorities and
quantities, and acceptance by the Employer’s
Representative
Submission of preliminary designs, drawings and other
construction documents.
Completion and submission of the final designs,
drawings and construction documents for all major items
of work, and approval by the Employer’s Representative
Balance payable on submission and approval by the
Employer’s Representative of the final designs and
construction documents for miscellaneous construction
details and working drawings.
Completion, submission and approval by the Employer’s
Representative of all other documents as required under
the Contract.
Progressive payments proportionate to the progress
achieved prior to pre-commissioning, up to 60% of the
contract price for the subject item.
Progressive payments commensurate with the progress
achieved upon completion of pre-commissioning of the
Facility and issue of the Taking-Over Certificate by the
Employer’s Representative.
Progressive payments commensurate with the progress
achieved for successful completion of the Guarantee
Tests and Commissioning of the Section and issue of
the Performance Certificate for that Section by the
Employer’s Representative, subject to satisfactory
cleanup, removal of debris and Contractor’s equipment
and materials, final grading and restoration of the Site(s).
Balance payment upon completion of all the Works
under the Contract and issue of the last Performance
Certificate by the Employer’s Representative.
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M AHAVITARAN INFRASTRUCTURE P LAN
SECTION 7: CONDITIONS OF P ARTICULAR APPLICATION
Payment
Description
(in % of
Major Activity
Total
(Stage of Work)
Price)
Schedule 4 (Part): Supply and Delivery of Plant and Equipment for Incorporation in the Permanent Works
Progressive payments commensurate with the progress
Part 1: Supply and
P
60%
achieved for supply and delivery to the Site, acceptance
delivery of Major Plant
by the Employer’s Representative, and proper storage of
and Equipment, including
accessories and
Major Plant and Equipment, including accessories and
miscellaneous items to be incorporated into the
miscellaneous items
Permanent Works.
Payment shall be made based on the Contract Price for
supply and delivery under the subject Activity.
Progressive payments commensurate with the progress
20%
achieved for completion of erection/ installation and precommissioning of the Facility and issue of the TakingOver Certificate by the Employer’s Representative.
Progressive payments commensurate with the progress
15%
achieved for successful completion of the Guarantee
Tests and Commissioning of the Section and issue of
the Performance Certificate for that Section by the
Employer’s Representative.
Balance payment upon completion of all the Works
LS
5%
under the Contract and issue of the last Performance
Certificate by the Employer’s Representative.
Schedule 4 (Part): Erection, Installation, Testing, Commissioning and Guarantee of Plant and Equipment
Progressive payments commensurate with the progress
Part 2: Erection,
P
80%
achieved for completion of erection/ installation and preinstallation, testing,
commissioning and
commissioning of the Facility and issue of the TakingOver Certificate by the Employer’s Representative.
guarantee of Major Plant
and Equipment, including
Payments will be made based on the Contract Price for
accessories and
erection, installation, testing, commissioning and
miscellaneous items
guarantee under the subject Activity.
Progressive payments commensurate with the progress
15%
achieved for successful completion of the Guarantee
Tests and Commissioning of the Section and issue of
the Performance Certificate for that Section by the
Employer’s Representative.
Balance payment upon completion of all the Works
LS
5%
under the Contract and issue of the last Performance
Certificate by the Employer’s Representative.
Type of
Payment
Insert the following paragraphs after the first paragraph in Sub-Clause 13.17:
Sub-Clause 13.17 Adjustment for Changes in Cost
13. 17.2 Adjustment Formula: The amount to be added to or deducted from the Interim Payment
Certificates for changes in cost (price variation) for the Major Plant and Equipment shall be
determined in accordance with the procedures and formulae set out in Volume III – Price
Variation Formulae. While applying the price adjustment formulas contained therein, the
Employer will consider 80% of the Contract Price for supply and delivery of the major items of
Plant and Equipment that are listed in the Table headed as “List of Items Eligible for Price
Variation” in Volume III as the Base Price for valuing variations.
13. 17.3 Adjustable Amount: The adjustable amount of each Interim Payment Certificate shall be the
difference between (i) the amount which, in the opinion of the Employer’s Representative,
shall be due to the Contractor pursuant to Sub-Clause 13.7, Payment, including the amount at
base rates and prices of the scheduled work carried out, and (ii) the amount as calculated in
(i) above and included in the last preceding Interim Payment Certificate issued by the
Employer’s Representative.
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M AHAVITARAN INFRASTRUCTURE P LAN
SECTION 7: CONDITIONS OF P ARTICULAR APPLICATION
13. 17.4 Adjusted Amount: The adjusted amount of each Interim Payment Certificate shall be
determined by applying the Price Adjustment Factor to the adjustable amount, and shall
become payable to the Contractor in accordance with the provisions of Clause 13.7, subject
to any deductions therefrom for penalties, liquidated damages, or any other monies due to the
Employer from the Contractor.
13. 17.5 Dates for Application of Changes in Cost: Work which is carried out during the first six (6)
months of the Time for Completion will be carried out at the base rates and prices in
accordance with the payment Schedule, and will not be subject to any adjustment for rises or
falls in the cost of labor, equipment, plant, materials or other inputs to the Works. Increases or
decreases in the cost of such inputs shall be adjusted on a monthly basis thereafter. The first
statement of price adjustment will be prepared at the end of the seventh month after the
Commencement Date, and the work done during the seventh month shall be taken into
account for the purpose of calculating any price adjustment for that month in accordance with
the procedures set forth in Volume III, Section 8, Price Variation Formulae. For subsequent
statements, the cost of the work done during every month shall be taken into account. At the
completion of the work, the work done during the last month, or fraction thereof, shall be
taken into account.
13. 17.6 Adjustment due to Shortfall in Progress: In the event the Contractor fails to attain the rate
of progress, as per the approved program and schedule of progress, in the seventh and
subsequent months of the construction period and the shortfall in progress is covered up by
him during subsequent months within the Intended Completion Period then the price
adjustment of such work which was scheduled to be done in the previous month shall be
notionally given based upon the price index which would be applicable for that month in which
such work was required to be done.
13. 17.7 Failure to Complete Within the Time for Completion: If the Contractor fails to complete the
whole of the Works within the Time for Completion, adjustment of prices thereafter until the
date of completion of the Works shall be made using either each index or price applicable on
the date forty nine (49) days prior to the expiry of the Time for Completion, or the current
index or price, whichever is more favorable to the Employer; provided that, if an extension of
time is granted in accordance with Sub-Clause 8.3, the above provision shall apply to the
extended time for completion.
13. 17.8 Submission of Claims: The Contractor will be responsible to submit his claim for Price
Variation of Major Plant and Equipment along with his claims for Interim Payments, duly
calculated as per the applicable formulae and supported by relevant IEEMA circulars.
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M AHAVITARAN INFRASTRUCTURE P LAN
SECTION 7: CONDITIONS OF P ARTICULAR APPLICATION
Annexure 1
LIST OF MAJOR PLANT AND EQUIPMENT ELIGIBLE FOR PROGRESSIVE PAYMENTS
1.
Transformers – Distribution and Power (Aluminum and Copper Wound)
2.
XLPE Cables – HT
3.
XLPE Cables – LT
4.
P.V. Cables – HT
5.
P.V. Cables – LT
6.
RSJ Poles / PSC Poles
7.
Circuit Breakers (Control Relay Panel) / Ring Main Unit
8.
Distribution Boxes
9.
Insulators
10.
Isolators
11.
Batteries
12.
Battery Chargers
13.
Conductors
14.
Capacitors
15.
Energy Meters
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