DEVIATIONS/ VARIATIONS IN QUANTITIES. Extent and Pricing: The quantities given in the 'Schedule of Quantities' are provisional and are meant to indicate the extent of the work and to provide a uniform basis for tendering and any variation either by addition or omission shall not vitiate the contract. 5.1. The Company through its Engineer-In-Charge or his representative shall, without radically changing the original scope and nature of the contracted work, have power to make any alterations in or additions to or substitution of the original and instructions that may appear to be necessary or advisable during the progress of the work. The Contractor shall be bound to carry out the works in accordance with the instructions given to him in writing by Engineer- In-Charge or his representative on behalf of the Company. considered as radical change in the original scope and nature of the contracted work, for the purpose of clause 5.1 of CMM and shall be approved by CFD of Subsidiary Company. Such change of site shall not require consent of the Contractor. CFD of the Subsidiary Company may approve change of site in other situations also, depending upon the prevailing local conditions. However, if change of site relates to mine outside the Area but in the same Coalfield due to situations as enumerated above, may be decided by the CFD of the Subsidiary, with the consent of the Contractor. Such altered or additional work, which shall form part of the original contract, shall be carried out by the Contractor on the same conditions in all respects on which they agree to do the main works and at the same rate/rates as are specified in the contract. In case of difficulty in handing over the site indicated in tender document or in continuing the work as per the agreed time and progress chart in allocated site, the Company shall have the right to allocate an alternative and/or supplementary site similar to the original site in terms of geological formations and may be in the same range of leads or otherwise as per available geo-mining conditions in the same mine or nearby mine to achieve the quantity limited to mutually agreed time and progress chart/Scope of Work. Once the adequate hindrance free space at original site is available, the work may be restored in the original site with mutual consent. In such cases no extension of contract with additional quantity shall be done. Further in case of composite contract, (i.e., OB Removal and Coal Extraction) suitable changes shall be done along with change of site in payment clause No. 5 (j) of “SPECIAL NOTES AND ADDITIONAL TERMS & CONDITIONS FOR HIRING CONTRACTS EXCAVATION, REMOVAL OF OVERBURDEN, EXTRACTION OF COAL AND TRANSPORTATION” regarding stripping ratio with the approval of competent authority. 5.2. If the additional or altered work includes any class of work for which no rate/rates is/are specified in the contract, rates for such items shall be determined by the Engineer-In-Charge as follows: a. the rate shall be derived from the rate/rates for similar or near similar class of work as is/are specified in the contract/tender, failing which b. the rates shall be derived from the Company's prescribed Schedule of Rates based on which the estimate for tendering has been prepared plus or minus the percentage by which the tendered amount for the whole work quoted by the Contractor is above or below the estimated amount as per the tender documents, failing which c. the rate shall be derived from Contractor's rate claimed for such class of work supported by analysis of the rate/rates claimed by the Contractor. The rate to be determined by the Engineer-In-Charge as may be considered reasonable taking into account percentage of profit and overhead not exceeding fifteen percent or on the basis of market rates, if any, prevailing at the time when work was done. In the case of composite tenders, where two or more schedule of quantities for similar item description may form part of the contract, the applicable rate shall be taken from the schedule of quantities of that particular part in which the deviation is involved, failing that at the lowest applicable rate for the similar item of work in the other schedule of quantities. However, the Engineer-In-Charge shall be at liberty to cancel the instruction by notice in writing and to arrange to carry out the work in such manner as he /she considers advisable under the circumstances. The Contractor shall under no circumstances suspend the work on the plea of non-settlement of rates. 5.3. Alterations in the quantities shall not be considered as a change in the conditions of the contract nor invalidate any of the provision thereof provided that a Revised Work Order for the item/items involved is issued. Such alterations with consent of the Contractor shall need appropriate approval, as below: a) Additional quantity upto 10% of original awarded value may be awarded in exceptional circumstances with the approval of Tender Approving Authority. b) However, in exceptional circumstances such as non-finalization of subsequent contract, court case etc, additional quantity beyond 10% and upto 30% of original awarded value may be awarded with the approval of Competent Authority. However, TAA shall be in accordance with prevalent DoP of CIL/Subsidiary.” 5.4. The time for completion of the originally contracted work shall be extended by the Company in the proportion that the additional work (in value) bears to the original contracted work (in value) as may be assessed and certified by the Engineer-In- Charge. The validity of the Bank Guarantee, if submitted by the Contractor, in lieu of Performance Security / Security Deposit shall be extended in pursuant to Clause No. 4.3 taking into consideration the period of extension. 5.5. The Company through its Engineer-In-Charge or his representative, on behalf of the Company, shall have power to omit any part of the work for any reason and the Contractor shall be bound to carry out the work in accordance with the instruction given by the Engineer-In-Charge. No claim for extra charges/damages shall be made by the Contractor on these grounds. 5.6. In the event of any deviation being ordered which in the opinion of the Contractor changes radically the original scope and nature of the contract, the Contractor shall under no circumstances suspend the work, either original or altered or substituted, and the dispute/disagreement as to the nature of deviation or the rate/rates to be paid thereof shall be resolved separately with the Company. 5.7. The re-appropriation/re-allocation of the quantities. a) Quantity up to 10% of original awarded value may be awarded in exceptional circumstances with the approval of Tender Approving Authority. b) However, in exceptional circumstances such as non-finalisation of subsequent contract, court case etc, quantity beyond 10% and upto 30% of original awarded value may be done with the approval as per DoP. However, TAA shall be in accordance with prevalent DoP of CIL/Subsidiary. 5.8. In all cases where the Service Provider has been levied a cumulative penalty of 5 percent of the total contract value, extension beyond the initial Contract period shall not be considered. However, this shall not be applicable for extension granted on account of hindrances.
Appears in 3 contracts
Sources: Service Level Agreement, Service Level Agreement, Service Level Agreement
DEVIATIONS/ VARIATIONS IN QUANTITIES. Extent and Pricing: The quantities given in the 'Schedule of Quantities' are provisional and are meant to indicate the extent of the work and to provide a uniform basis for tendering and any variation either by addition or omission shall not vitiate the contract.
5.1. The Company through its Engineer-In-Charge or his representative shall, without radically changing the original scope and nature of the contracted work, have power to make any alterations in or additions to or substitution of the original and instructions that may appear to be necessary or advisable during the progress of the work. The Contractor shall be bound to carry out the works in accordance with the instructions given to him in writing by Engineer- In-Charge or his representative on behalf of the Company. considered as radical change in the original scope and nature of the contracted work, for the purpose of clause 5.1 of CMM and shall be approved by CFD of Subsidiary Company. Such change of site shall not require consent of the Contractor. CFD of the Subsidiary Company may approve change of site in other situations also, depending upon the prevailing local conditions. However, if change of site relates to mine outside the Area but in the same Coalfield due to situations as enumerated above, may be decided by the CFD of the Subsidiary, with the consent of the Contractor. Such altered or additional work, which shall form part of the original contract, shall be carried out by the Contractor on the same conditions in all respects on which they agree to do the main works and at the same rate/rates as are specified in the contract. In case of difficulty in handing over the site indicated in tender document or in continuing the work as per the agreed time and progress chart in allocated site, the Company shall have the right to allocate an alternative and/or supplementary site similar to the original site in terms of geological formations and may be in the same range of leads or otherwise as per available geo-mining conditions in the same mine or nearby mine to achieve the quantity limited to mutually agreed time and progress chart/Scope of Work. Once the adequate hindrance free space at original site is available, the work may be restored in the original site with mutual consent. In such cases no extension of contract with additional quantity shall be done. Further in case of composite contract, (i.e., OB Removal and Coal Extraction) suitable changes shall be done along with change of site in payment clause No. 5 (j) of “SPECIAL NOTES AND ADDITIONAL TERMS & CONDITIONS FOR HIRING CONTRACTS EXCAVATION, REMOVAL OF OVERBURDEN, EXTRACTION OF COAL AND TRANSPORTATION” regarding stripping ratio with the approval of competent authority.
5.2. If the additional or altered work includes any class of work for which no rate/rates is/are specified in the contract, rates for such items shall be determined by the Engineer-In-Charge as follows:
a. the rate shall be derived from the rate/rates for similar or near similar class of work as is/are specified in the contract/tender, failing which
b. the rates shall be derived from the Company's prescribed Schedule of Rates based on which the estimate for tendering has been prepared plus or minus the percentage by which the tendered amount for the whole work quoted by the Contractor is above or below the estimated amount as per the tender documents, failing which
c. the rate shall be derived from Contractor's rate claimed for such class of work supported by analysis of the rate/rates claimed by the Contractor. The rate to be determined by the Engineer-In-Charge as may be considered reasonable taking into account percentage of profit and overhead not exceeding fifteen percent or on the basis of market rates, if any, prevailing at the time when work was done. In the case of composite tenders, where two or more schedule of quantities for similar item description may form part of the contract, the applicable rate shall be taken from the schedule of quantities of that particular part in which the deviation is involved, failing that at the lowest applicable rate for the similar item of work in the other schedule of quantities. However, the Engineer-In-Charge shall be at liberty to cancel the instruction by notice in writing and to arrange to carry out the work in such manner as he /she considers advisable under the circumstances. The Contractor shall under no circumstances suspend the work on the plea of non-settlement of rates.
5.3. Alterations in the quantities shall not be considered as a change in the conditions of the contract nor invalidate any of the provision thereof provided that a Revised Work Order for the item/items involved is issued. Such alterations with consent of the Contractor shall need appropriate approval, as below:
a) Additional quantity upto 10% of original awarded value may be awarded in exceptional circumstances with the approval of Tender Approving Authority.
b) However, in exceptional circumstances such as non-finalization of subsequent contract, court case etc, additional quantity beyond 10% and upto 30% of original awarded value may be awarded with the approval of Competent Authority. However, TAA shall be in accordance with prevalent DoP of CIL/Subsidiary.”
5.4. The time for completion of the originally contracted work shall be extended by the Company in the proportion that the additional work (in value) bears to the original contracted work (in value) as may be assessed and certified by the Engineer-In- Charge. The validity of the Bank Guarantee, if submitted by the Contractor, in lieu of Performance Security / Security Deposit shall be extended in pursuant to Clause No. 4.3 taking into consideration the period of extension.
5.5. The Company through its Engineer-In-Charge or his representative, on behalf of the Company, shall have power to omit any part of the work for any reason and the Contractor shall be bound to carry out the work in accordance with the instruction given by the Engineer-In-Charge. No claim for extra charges/damages shall be made by the Contractor on these grounds.
5.6. In the event of any deviation being ordered which in the opinion of the Contractor changes radically the original scope and nature of the contract, the Contractor shall under no circumstances suspend the work, either original or altered or substituted, and the dispute/disagreement as to the nature of deviation or the rate/rates to be paid thereof shall be resolved separately with the Company.
5.7. The re-appropriation/re-allocation of the quantities.
a) Quantity up to 10% of original awarded value may be awarded in exceptional circumstances with the approval of Tender Approving Authority.
b) However, in exceptional circumstances such as non-finalisation of subsequent contract, court case etc, quantity beyond 10% and upto 30% of original awarded value may be done with the approval as per DoP. However, TAA shall be in accordance with prevalent DoP of CIL/Subsidiary.
5.8. In all cases where the Service Provider has been levied a cumulative penalty of 5 percent of the total contract value, extension beyond the initial Contract period shall not be considered. However, this shall not be applicable for extension granted on account of hindrances.
Appears in 1 contract
Sources: Service Level Agreement
DEVIATIONS/ VARIATIONS IN QUANTITIES. Extent and Pricing: The quantities given in the 'Schedule of Quantities' are provisional and are meant to indicate the extent of the work and to provide a uniform basis for tendering and any variation either by addition or omission shall not vitiate the contract.
5.1. 5.1 The Company company through its Engineer-Inin-Charge charge or his representative shall, without radically changing the original scope and nature of the contracted work, have power to make any alterations in or additions to or substitution of the original and instructions that may appear to be necessary or advisable during the progress of the work. The Contractor contractor shall be bound to carry out the works in accordance with the instructions given to him in writing by Engineer- InEngineer-Charge in-charge or his representative on behalf of the Companycompany. Note: Change of site within the mines of same Area because of geological disturbances, non-shifting of houses, non-availability of FC in time, some EC restrictions etc. shall not be considered as radical change in the original scope and nature of the contracted work, for the purpose of clause 5.1 of CMM and shall be approved by CFD of Subsidiary CompanyMCL. Such change of site shall not require consent of the Contractor. CFD of the Subsidiary Company MCL may approve change of site in other situations also, depending upon the prevailing local conditions. However, if change of site relates to mine outside the Area but in the same Coalfield due to situations as enumerated above, may be decided by the CFD of the SubsidiaryMCL, with the consent of the Contractor. Such altered or additional work, which shall form part of the original contract, shall be carried out by the Contractor on the same conditions in all respects on which they agree to do the main works and at the same rate/rates as are specified in the contract. In case of difficulty in handing over the site indicated in tender document or in continuing the work as per the agreed time and progress chart in allocated site, the Company shall have the right to allocate an alternative and/or supplementary site similar to the original site in terms of geological formations and may be in the same range of leads or otherwise as per available geo-mining conditions in the same mine or nearby mine to achieve the quantity limited to mutually agreed time and progress chart/Scope of WorkNIT. Once No sooner the adequate hindrance free space at original site is available, the work may should be restored in the original site with mutual consentsite. In such cases no extension of contract with additional quantity shall be done. Further in case of composite contract, (i.e., OB Removal and Coal Extraction) suitable changes shall be done along with change of site in payment clause No. 5 (j) of “SPECIAL NOTES AND ADDITIONAL TERMS & CONDITIONS FOR HIRING CONTRACTS EXCAVATION, REMOVAL OF OVERBURDEN, EXTRACTION OF COAL AND TRANSPORTATION” regarding stripping ratio with the approval of competent authority.
5.2. 5.2 If the additional or altered work includes any class of work for which no rate/rates is/are specified in the contract, rates for such items shall be determined by the Engineer-Inin-Charge charge as follows:
a. the rate shall be derived from the rate/rates for similar or near similar class of work as is/are specified in the contract/tender, failing which
b. the rates shall be derived from the Companycompany's prescribed Schedule schedule of Rates rates based on which the estimate for tendering has been prepared plus or minus the percentage by which the tendered amount for the whole work quoted by the Contractor contractor is above or below the estimated amount as per the tender documents, failing which
c. the rate shall be derived from Contractorcontractor's rate claimed for such class of work supported by analysis of the rate/rates claimed by the Contractorcontractor. The rate to be determined by the Engineer-Inin-Charge charge as may be considered reasonable taking into account percentage of profit and overhead not exceeding fifteen ten percent or on the basis of market rates, if any, prevailing at the time when work was done. In the case of composite tenders, where two or more schedule of quantities for similar item description may form part of the contract, the applicable rate shall be taken from the schedule of quantities of that particular part in which the deviation is involved, failing that at the lowest applicable rate for the similar item of work in the other schedule of quantities. However, the Engineer-Inin-Charge charge shall be at liberty to cancel the instruction by notice in writing and to arrange to carry out the work in such manner as he /she considers advisable under the circumstances. The Contractor contractor shall under no circumstances suspend the work on the plea of non-settlement of rates.
5.3. 5.3 Alterations in the quantities shall not be considered as a change in the conditions of the contract nor invalidate any of the provision thereof provided that a Revised Work Order revised work order for the item/items involved is issued. Such alterations with consent of the Contractor contractor shall need appropriate approval, as below:
a) Additional quantity upto 10up to 10 % of original awarded value may be awarded in exceptional circumstances with the approval of Tender Approving Authority.
b) However, in exceptional circumstances such as non-finalization of subsequent contract, court case etc., additional quantity beyond 1010 % and upto 30up to 30 % of original awarded value may be awarded with the approval of Competent Authority. However, TAA shall be in accordance with prevalent DoP of CIL/Subsidiary.”
5.4. 5.4 The time for completion of the originally contracted work shall be extended by the Company company in the proportion that the additional work (in value) bears to the original contracted work (in value) as may be assessed and certified by the Engineer-In- Chargein-charge. The validity of the Bank Guarantee, if submitted by the Contractorcontractor, in lieu of Performance Security performance security / Security Deposit security deposit shall be extended in pursuant to Clause NoNos. 4.3 taking into consideration the period of extension.
5.5. 5.5 The Company company through its Engineer-Inin-Charge charge or his representative, on behalf of the Companycompany, shall have power to omit any part of the work for any reason and the Contractor contractor shall be bound to carry out the work in accordance with the instruction given by the Engineer-Inin-Chargecharge. No claim for extra charges/damages shall be made by the Contractor contractor on these grounds.
5.6. 5.6 In the event of any deviation being ordered which in the opinion of the Contractor contractor changes radically the original scope and nature of the contract, the Contractor contractor shall under no circumstances suspend the work, either original or altered or substituted, and the dispute/disagreement as to the nature of deviation or the rate/rates to be paid thereof shall be resolved separately with the Companycompany.
5.7. 5.7 The re-appropriation/re-allocation of the quantities.
a) Quantity up to 1010 % of original awarded value may be awarded in exceptional circumstances with the approval of Tender Approving Authority.
b) However, in exceptional circumstances such as non-finalisation finalization of subsequent contract, court case etc., quantity beyond 1010 % and upto 30up to 30 % of original awarded value may be done with the approval as per DoP. However, TAA shall be in accordance with prevalent DoP of CIL/Subsidiary.DoP.
5.8. 5.8 In all cases where the Service Provider has been levied a cumulative penalty of 5 percent of the total contract value, extension beyond the initial Contract period shall not be considered. However, this shall not be applicable for extension granted on account of hindranceshindrances 6. TIME FOR COMPLETION OF CONTRACT - EXTENSION THEREOF, DEFAULTS & COMPENSATION FOR DELAY:
6.1 If the contractor, without reasonable cause of valid reason, commits default in commencing the execution of the work within the aforesaid date, the company shall, without prejudice to any other right or remedy, be at liberty, by giving 15 days’ notice in writing to the contractor to commence the work, failing which to forfeit Bid security / Performance Security Deposit and Additional Performance Security, if any deposited by him. Additionally, the company shall debar such defaulting contractor from participating in future tenders in Mahanadi Coalfields Limited for a period of minimum 1 (One) year from the date of issue of such letter. In case of JV/Consortium/Partnership firm, the debarment shall also be applicable to all individual partners of the JV /Consortium/Partnership firm. However, debarment shall be done as per Guidelines on Debarment of firms from Bidding.
6.2 In the event of the contractor’s failure to comply with the required progress in terms of the agreed time and progress chart, he shall without prejudice to any other right or remedy available under the law to the company on account of such breach, shall become liable to pay for penalty as under: If the average daily progress of work during the calendar months is less than the stipulated rate indicated in the detailed tender notice/ agreed work schedule, penalty as detailed below will be levied.
i) If the average daily progress of work executed during the calendar month is 80% and more but less than 100% of the stipulated rate indicated in the detailed tender notice/ agreed work schedule (quantity-wise), penalty equal to 10% of the contract value of the short fall quantity in work shall be deducted at the end of the respective Financial Quarter if the shortfall quantity either in full or part has not been made up within that Financial Quarter.
ii) If the average daily progress of work executed during the calendar month is less than 80% but more than or equal to 70% of the stipulated rate indicated in the detailed tender notice/ agreed work schedule (quantity-wise), penalty equal to 20% of the contract value of the short fall quantity lying in the given range of work shall be deducted at the end of the respective Financial Quarter if the shortfall quantity either in full or part has not been made up within that Financial Quarter.
iii) If the average daily progress of work executed during the calendar month is less than 70% of the stipulated rate indicated in the detailed tender notice/ agreed work schedule (quantity-wise), penalty equal to 20% of contract value of the short fall quantity of that month beyond 30% of the stipulated rate indicated in the detailed tender notice/ agreed work schedule (quantity-wise) shall be deducted in the bill of that calendar month itself and shall not be refunded.
iv) The aggregate of the penalties so levied shall not exceed 10% of the total Contract Value for the entire contracted work. The contractor shall be allowed to make up the shortfall as per (i) & (ii) above within the respective Financial Quarter only. The penalties so deducted shall not be refunded.
Appears in 1 contract
Sources: Service Level Agreement (Sla)