5 SCC

Download as docx, pdf, or txt
Download as docx, pdf, or txt
You are on page 1of 13

ELHI METRO RAIL CORPORATION LIMITED

CONTRACT NO: OEM-984

Tender Documents

Special condition of Contract (SCC)

CAMC/AMC/ARC

DELHI METRO RAIL CORPORATION LTD.


5th FLOOR, A-WING, METRO BHAWAN,
FIRE BRIGADE LANE, BARAKHAMBA ROAD,
NEW DELHI 11000
Contract: OEM-984 :- Comprehensive Annual Maintenance Contract of VRV AC System (make: LG) Installed at different metro
station / Location of DMRC for 5 years.

Table of Contents
SCC Reference to Description Page No.
Clause GCC Sub-
No. Clause No.
1 1.4 Contract Agreement 3
2 3.2 Duties and authorities of the Engineer 3
3 4.2.1 Performance Security 3
4 4.2.3 Release of Performance Security 4
5 4.4 Facilities for and other co-ordination with others 4
6 4.5 Sub-contractors 4
7 4.10 Sufficiency of accepted contract amount 5
8 4.16 & 6.7 Safety Precautions 5
9 4.17 Protection of Environment 5
10 4.18 Electricity & Water 6
11 4.19 Tools, plants and equipments supplied by the employer 7
12 4.27 Security of the site 7
13 5.3 Construction and/or manufacture documen 7
14 6.0 Staff and Labour
8
15 6.4 Labour laws 8
16 6.7 Health and Safety 8
17 7.0 Quality Control 9
18 10 Defect liability period 10
19 11 .1 Contract Price & Payment & 10
11,1.1. Change in Taxes & Duty
& 11.1.4
20 11.1.3 Adjust in Contract Price 11
21 11.2 Advance Payments 11
22 11.3 Provisional payment against material at site 11
23 11.4 Application for interim payment certificates 11
24 11.6 Payment- Interim & final 11
25 15.0 Insurance 12
26 18.1 Notices and Instructions 12

S Page 1 of
Contract: OEM-984 :- Comprehensive Annual Maintenance Contract of VRV AC System (make: LG) Installed at different metro
station / Location of DMRC for 5 years.

Special Conditions of Contract (SCC)

Reference to GCC Sub


S.No Description
Clause No.
Contract Agreement
1 Sub-Clause 1.4 The Form of Contract Agreement shall be in the format given in
Annexure-6 of ITT.

Duties and authorities of the Engineer


In addition to the duties mentioned in Clause 3.2 of General
Conditions of Contract:
(i) Shall watch and inspect the Works, monitor and examine any
material to be used and workmanship employed by the Contractor
in connection with the Works;
(ii) Shall carry out such duties and exercise such powers vested in
the Engineer in accordance with the provisions of the Contract;
(iii) Shall issue instructions which in his opinion are necessary for
2 Sub-Clause 3.2
the execution of the Works; and
(iv) May issue any other instruction which in his opinion is
desirable in connection with the Works.

In case The Engineer is employee of any agency hired by the


Employer, the Engineer shall take the approval of the Employer
for all technical and financial matters otherwise he shall be
deemed to have taken the approval of the Employer.

Performance Security
Within 30 days from date of issue of the Letter of Acceptance, the
successful Tenderer shall furnish Performance Security, for an
amount of three percent (3%) or as applicable at the time of
signing of agreement of the Contract in types and proportions of
currencies in which the Contract Price is payable either in the
form of a Bank Draft, FDR or in the form of a Bank Guarantee
from a branch in India of a scheduled foreign bank or from a
3 Sub-Clause 4.2.1 scheduled commercial bank in India acceptable to the Employer.
The Performance Security shall be valid up to 6 months beyond
the Completion period or the Defect Liability Period, wherever
applicable.

The scheduled foreign bank or scheduled commercial bank in India


must be on the Structured Financial Messaging System (SFMS)
platform. A separate advice of the BG will invariably
be sent by the issuing bank to the Employer’s Bank through

S Page 2 of
Contract: OEM-984 :- Comprehensive Annual Maintenance Contract of VRV AC System (make: LG) Installed at different
metro station / Location of DMRC for 5 years.

SFMS and only after this, the BG will become operative and
acceptable to the employer. It is, therefore, in the own interest of
the contractor to obtain Employer’s bank IFSC Code, it’s branch
and address and advise these particulars to the BG issuing bank
and request them to send advice of BG through SFMS to the
Employer’s Bank.

All other terms and conditions shall be as per the Clause


4.2.1 of General Conditions of contract.

Release of Performance Security


The following is added to Paragraph (ii) GCC Sub- Clause 4.2.3

The Performance security shall only be released after issuance of


4 Sub-Clause 4.2.3 the performance certificate for the complete scope of work under
the contract. No performance Security shall be released against
part performance certificates issued by the Employer.

Facilities for and other co-ordination with others


The contractor for this package shall plan and execute work in
5 Sub-Clause 4.4
coordination and in co-operation with other contractors working
for adjacent/ other packages.

Sub-contractors
FOR OEM
Replace the GCC Clause 4.5 with the following: Subletting of
work is not permitted in this contract.

For NON OEM


The following is added to Paragraph (b) GCC Sub- Clause 4.5.2
The Sub-contacting shall be limited to 50% of the Contract value.
6 Sub-Clause 4.5 The terms and conditions of the sub-contracts and the payments
that have to be made to the sub-contractors shall be sole
responsibility of the contractor. Payment to be made to such
contractors will be deemed to have been included in the contract
price. However, for major sub-contracts (each costing over Rs. 25
Lakhs) it will be obligatory on the part of the contractor to obtain
consent of the employer. The Employer will give his consent after
assessing and satisfying
himself of the capability, experience and equipment resources

S Page 3 of
Contract: OEM-984 :- Comprehensive Annual Maintenance Contract of VRV AC System (make: LG) Installed at different
metro station / Location of DMRC for 5 years.

of the sub-contractor. In case the Employer intends to withhold his


consent, he should inform the contractor within 15 days to enable
him to make alternative arrangements to
fulfill his programme..

Sufficiency of accepted contract amount


The Tenderer shall be entirely responsible for sufficiency of rates
quoted by him in his tender.
7 Sub-Clause 4.10
The Contractor (Successful Tenderer) shall be paid for only at
quoted/accepted rates for the items of works executed as per BOQ.

Safety Precautions
The Contractor is required to make himself aware of all the
requirements of the Employer’s Safety & Health Manual (O&M-
Electrical) in this regard and comply with them. The Site Safety
Plan shall include detailed policies, procedures and regulations
which, when implemented, will ensure compliance with Sub-
Clauses 4.16 and 6.7 of General Conditions of Contract.
The Contractor shall, from time to time and as necessary or
required by the Engineer, produce supplements to the Site Safety
Plan such that it is at all times a detailed, comprehensive and
contemporaneous statement by the Contractor of his site safety
8 Sub-Clause 4.16 & 6.7 and industrial health obligations, responsibilities, policies and
procedures (under the laws of India) or as stated in the Contract or
elsewhere relating to work on Site
If at any time the Site Safety Plan is, in the opinion of the
Engineer, insufficient or requires revision or modification to
ensure the security of the Works and the safety of all workmen
upon, and visitors to the Site, the Engineer may instruct the
Contractor to revise the Site Safety Plan. The Contractor shall,
within 14 days, submit the revised plan to
the Engineer for review.

Protection of Environment
The Contractor shall maintain ecological balance by preventing
deforestation, water pollution and defacing of natural landscape.
The Contractor shall, so conduct his cleaning operations, as to
9 Sub-Clause 4.17 prevent any avoidable destruction, scarring or defacing of natural
surroundings in the vicinity of work. In respect of ecological
balance, the Contractor shall observe the following instructions

S Page 4 of
Contract: OEM-984 :- Comprehensive Annual Maintenance Contract of VRV AC System (make: LG) Installed at different
metro station / Location of DMRC for 5 years.

(a) Where destruction, scarring, damage or defacing may occur as


a result of operations relating to construction and maintenance
activities, the same shall be repaired, replanted or otherwise
corrected at Contractor’s expense. All work areas shall be
smoothened and graded in a manner to confirm to natural
appearance of the landscape as directed by the Engineer.

(b) All trees and shrubbery, which are not specifically required to be
cleared or removed for cleaning purposes, shall be preserved and
shall be protected from any damage that may be caused by
Contractor’s cleaning operations and equipment. The removal of
trees or shrubs will be permitted only after prior approval by the
Engineer. Trees shall not be used for anchorage. The Contractor
shall be responsible for injuries to trees and shrubs caused by his
operations. The term “injury” shall include, without limitation,
bruising, scarring, tearing and breaking of roots, trunks or
branches. All injured trees and shrubs shall be restored as nearly
as practicable, without delay, to their original condition at
Contractor’s expenses.

(c) The Contractor shall provide all necessary access, assistance


and facilities to enable the Engineer and the Employer to monitor
and conduct tests to verify that the Site Environmental Plan is being
properly and fully implemented.

Electricity & Water


Electricity point and water shall be arranged by the employer.
The contractor shall make his own arrangements to tap the
Electricity from the nominated and existing sockets/ points. The
contractor shall tap the Electricity as per IE Rules & IE Act
(Latest) duly complying all safety precautions and under following
conditions:
10
Sub-Clause 4.18 a) The contractor shall submit full scheme for the requirement of
Electricity & water. If scheme mentions Electricity requirement
which is beyond the capacity of the Employer, in that case the
contractor shall make his own arrangements/ alternative
arrangements.
b) The Contractor should make his own arrangements to
draw the water from the available water point to the working place
without affecting the premises

S Page 5 of
Contract: OEM-984 :- Comprehensive Annual Maintenance Contract of VRV AC System (make: LG) Installed at different
metro station / Location of DMRC for 5 years.

Tools, plants and equipments supplied by the employer


11 Sub-Clause 4.19 The Employer will not provide any machinery or materials under
the Contract.

Security of the site


The Contractor shall take all measures necessary to ensure such
security, including exercising control over all persons and vehicles
which are employed or engaged on the Site or in connection with
the Works or the other works comprising the Project and with the
security arrangements applicable to any other site within the
Project.

The Contractor shall arrange the issue of passes for the admission
of all persons and vehicles to the Site or to any part thereof and
may refuse admission to or remove from the Site any person or
vehicle failing to show an appropriate pass on demand to any duly
authorised person.

If required by the Engineer, the Contractor shall submit a list


identifying all persons to whom passes have been issued together
12 Sub-Clause 4.27 with two photographs of each person and all entities to which a
pass has been issued in respect of any vehicle and shall satisfy the
Engineer of the bonafides of any such person or entity.

The Contractor shall not, without the written permission of the


Engineer or otherwise in accordance with the Contract, allow
access to the Site to any person unless the presence on Site of such
person is necessary in connection with the execution of the Works
or with the discharge of the duties of any relevant authority.

For the purposes of this Clause only, "Site" shall include off- Site
places of manufacture or storage and the Contractor's Work Areas
and shall include, areas provided to the Contractor by others

Construction and/or manufacture document


The Contractor shall submit drawings and documents, as required
13 Sub-Clause 5.3 by the Contract, to the Engineer in accordance with any submittal
schedule agreed with the Engineer. This
submittal shall be made sufficiently before the Works are to

S Page 6 of
Contract: OEM-984 :- Comprehensive Annual Maintenance Contract of VRV AC System (make: LG) Installed at different
metro station / Location of DMRC for 5 years.

be carried out to give the Engineer and the Employer reasonable


time to examine the drawings or other documents, to prepare
comments and for any changes to be accommodated by the
Contractor.
Where the consent of the Engineer is required, the Engineer shall
notify the Contractor in writing of his decision either within such
period as may expressly be stipulated in the Contract or otherwise
within a reasonable time.
The Operation and Maintenance Manuals and drawings submitted
by the Contractor shall, if required, be updated by him during the
Defects Liability Period and re-submitted for
review by the Employer’s Representative

Staff and Labour


Contractor shall provide a training / workshop on Safety & Health
to all its workers/ employees/ sub-contractors of at least 2 weeks
14 Sub-Clause 6.0 (96 hrs) at the time of induction. Before posting any of his
workers/ staff/ employees/ sub-contractors, the contractor shall
give a certificate that the said person had undergone the requisite
SHE training.

Labour laws
(i) The Contractor shall, if required by the Employer, deliver to the
Engineer or to his office; a return in detail, in such form and at
such intervals as the Employer may prescribe, showing the
number of labour employed in different categories by the
Contractor for the entire work.

The contractor must ensure compliance of all the labour laws


including obtaining labour licence and registration of workers with
15 Sub-Clause 6.4
BOCW Board.

(ii) In case of death of staff, the agency is required to deposit Rs.


1,00,000/- in DMRC Labour welfare fund to enable DMRC to
release Rs. 2,00,000/- for heir apparent as immediate relief to his
dependent. Subsequently agency should facilitate compensation
on priority. Violation of these basic provisions shall attract a
penalty of 5% of contract value and repeated
violations shall lead to termination of contract

Health and Safety


Following to be read in conjunction to GCC sub clause 6.7
16 Sub-Clause 6.7

Contractors are required to have tie-up with well equipped

S Page 7 of
Contract: OEM-984 :- Comprehensive Annual Maintenance Contract of VRV AC System (make: LG) Installed at different
metro station / Location of DMRC for 5 years.

reputed hospitals having facilities of MRI, CT Scan, Ultrasound,


Blood Bank, specialist Doctors like neurosurgeon, orthopaedic as
mandatory requirement and fire station located in the
neighborhood for attending to the casualties promptly. Contractors
are also required to have tie-up for emergency vehicle for prompt
availability to attend any
casualty

Quality Control
FOR OEM
Following to be read in conjunction to GCC sub clause 6.7

Upon the Engineer notifying his consent to the Site Quality Plan,
or any supplement thereto, the Contractor shall, adhere to the
principles and procedures contained in such document, except
where the Engineer gives his consent to any amended or varied
version thereof. The

Contractor shall cause any sub-contractors to adhere to this Plan.


The Contractor shall appoint a suitably qualified and experienced
person, not otherwise engaged in the performance of the Contract,
to act as manager of the quality assurance system and shall
provide such other personnel and resources as required to ensure
effective operation of the quality assurance system. The said
manager shall carry out audits of the application of the quality
17 Sub-Clause 7.0 assurance system, and ensure effective quality control and
delivery of quality assurance.
The Contractor shall provide all necessary access, assistance and
facilities to enable the Engineer to carry out surveillance visits
both on and off the Site to verify that the quality assurance system
is being properly and fully implemented. No extra payment shall
be made in this regard and the cost of the Work under this element
shall be deemed to be included in the Contract Price.

For NON OEM

Following to be read in conjunction to GCC sub clause 6.7 No


change

S Page 8 of
Contract: OEM-984 :- Comprehensive Annual Maintenance Contract of VRV AC System (make: LG) Installed at different
metro station / Location of DMRC for 5 years.

Defect liability period


Defect Liability Period is 03 month after the date of issue of
Taking Over Certificate for the Whole of the Works.
After expire of DLP, Guarantee/Warrantee given by OEM of the
18 Sub-Clause 10.0 parts shall also be extended to DMRC and relevant
Guarantee/Warrantee document of such parts shall also be
submitted to DMRC by the contractor before processing of the
final bill.

Contract Price & Payment &


Change in Taxes & Duty
In respect of All Inclusive Contract
The Contract Price, subject to any adjustment thereto in
accordance with the contract conditions, shall be all inclusive
(including all taxes, duties, royalties etc.)

Changes in Taxes/Duty:

(a) Change in Taxes/Duties/Levies” means the occurrence or


coming into force of the following, at any time after the date of
submission of tender.
(i) Any new tax which is imposed and applicable on this work
(ii) Change in the rate of GST applicable to this work, as per GST
Sub-Clause 11 .1 Act
19 11,1.1.
& 11.1.4 (b) The contract price shall be adjusted due to any of the above
two conditions. Adjustment in contract price will be applicable up
to the stipulated date of completion of the work including the
extended period of completion where such extension has been
granted under Sub clause 8.4.1 of GCC or it is specially mentioned
that extension is with adjustment for changes as stated above

(c) If the extension of contract period is on account of contractor’s


fault under sub- clause 8.4.3 of GCC, no compensation shall be
made towards upward revision towards “change in taxes/duty
(taking place during the said extended contract period)” as
mentioned at Sl. No. (a) (i) & (ii) above. Any benefit on account
of downward revision towards “change in Taxes and Duty” as
mentioned at Sl. No. (a) (i) &
(ii) above during the original contract period or extended

S Page 9
Contract: OEM-984 :- Comprehensive Annual Maintenance Contract of VRV AC System (make: LG) Installed at different
metro station / Location of DMRC for 5 years.

contract period shall be on employer’s account.

(d) Any other changes (except on account of Clause (a) (i) &
(ii) above) in existing taxes/new taxes on supply of
materials/services/works etc. will not be considered and its impact
shall be considered covered in the price variation clause provided
in the Contract and in contract where price variation clause is not
provided, the impact on any other change (except on account of
clause a (i) & (ii) above in existing taxes/ new taxes on supply of
materials/services/works etc. will be deemed to be included in the
quoted contract price.

(e) Also the contract price shall not be adjusted on account of


fluctuations in the rates of exchange between the foreign
currencies of the contract and Indian Rupees from the last date of
submission of tender. .

Adjust in Contract Price


For CAMC/AMC/ARC Contracts:
Same as existing

20 Sub-Clause 11.1.3 For contracts in which IEEMA escalation is applicable:


Since it is not possible to predict IEEMA escalation which would
take place in future, actual payments to the contractor for
undertaking CAMC for a particular period of contract would be
made on the basis of actual IEEMA escalation prevalent during
the concerned contract period.

Advance Payments
21 Sub-Clause 11.2
No Advance is admissible in this contract.

Provisional payment against material at site


22 Sub-Clause 11.3
Not admissible in this contract.

Application for interim payment certificates


23 Sub-Clause 11.4
Not admissible in this contract.

Payment- Interim & final


For the purpose of On-account payment, the contractor shall
submit detailed activities carried out as per BOQ recorded in
24 Sub-Clause 11.6 Measurement sheets, Abstract sheets along with recorded bill for the
item actually executed for checking and payment. Payment will
be effected based on unit rates (including all
taxes, duties, royalties etc) as approved in the Bill of

SCC Page 10 of12


Contract: OEM-984 :- Comprehensive Annual Maintenance Contract of VRV AC System (make: LG) Installed at different
metro station / Location of DMRC for 5 years.

Quantities.
The payment against CAMC shall be on basis for Quarterly/Half
yearly or as specified in Employer's Requirement only after
submission of duly filled preventive maintenance reports &
submission of details of breakdown/ spares consumed in the
format specified by DMRC.

Insurance
1. Following to be read in conjunction to GCC sub clause
15.4
All of the contractor’s employees drawing monthly wages up
to Rs.21,000/-or as applicable as per the enhanced limit, shall
have to be covered under ESI. The Contractor shall take
insurance policy as specified in the Employee’s
Compensation Act only for those employees who are not
covered by ESI.

2. Following to be read in conjunction to GCC sub clause


15.3
The contractor shall insure against liability to third parties in
the joint name of the Employer and the contractor for any
loss, damage, death or injury which may occur to any
physical property (except things insured otherwise) or any
25 Sub-Clause 15
person (except person insured by employer, staff of other
contractor working in the premises, contractor’s staff under
sub clause 21.1) which may arise out of the performance of
the contract. The insurance shall be at least for the amount of
Rs. 7,50,000/- for each incident.

3.Following to be read in conjunction to GCC sub clause


15.2
Contractor shall insure for all materials in storage, under
erection/ or erected until such materials are provisionally
handed over to the purchaser. For this purpose the material
shall deemed to have been provisionally handed over when
service report for satisfactory erection of material is signed by
DMRC representative.

4 GCC clause 15.1 is not applicable for this Contract.

Notices and Instructions


26 Sub-Clause 18.1 The Contractor shall furnish to the Employer/Engineer the postal
address of his office at Delhi/ New Delhi. Any notice or

S Page 11
Contract: OEM-984 :- Comprehensive Annual Maintenance Contract of VRV AC System (make: LG) Installed at different metro
station / Location of DMRC for 5 years.

instructions to be given to the Contractor under the terms of the


contract shall be deemed to have been served on him if it has been
delivered to his authorized agent or representative at site or if it
has been sent by registered post to the office, or to the address of
the firm last furnished by the Contractor.
The Contractor shall establish an office in the National Capital
Territory of Delhi in consultation with the in charge for planning,
co-ordination and monitoring the progress of the Work and
intimate the same in writing to in charge. In addition, the
Contractor may set up field offices at convenient and approved
locations for co-ordination and for monitoring
the progress of fieldwork at his own cost.

You might also like