Section 8 Particular Conditions of Contract 8-1 Section 8 - Particular Conditions of Contract The following Particular Conditions of Contract (PCC) shall supplement the General Conditions of Contract (GCC). Whenever there is a conflict, the provisions herein shall prevail over those in the GCC. Part A - Contract Data Employer’s name and 1.1.2.2 The Employer is: Urban Affairs Department, Shillong, address & 1.3 Government of Meghalaya represented by Project Director, State Investment Project Management and Implementation Unit, Urban Affairs Complex, Dhankheti, Shillong - 793001 Engineer’s name & 1.1.2.4 The Project Manager for the work shall be the Solid Waste address & 1.3 Management Specialist State Investment Project Management and Implementation Unit (SIPMIU), Shillong Bank’s name 1.1.2.11 Asian Development Bank (ADB) Borrower’s name 1.1.2.12 India Time for completion 1.1.3.3 Time for completion of whole of the works: 730 days Time for completion of Sections: as per table “Summary of Sections of Works” below Defects Notification 1.1.3.7 365 days Period Sections 1.1.5.6 As per table “Summary of Sections of Works” below Electronic transmission 1.3 facsimile: 0364/2505463; and system e-mail: [email protected]. / [email protected]. Governing Law 1.4 The Laws of India Ruling Language 1.4 English Language of 1.4 English Communication Time for access to the 2.1 As on the commencement date. Site Engineer’s Duties and 3.1(B)(ii) Variation resulting in an increase of the Accepted Contract Authority Amount in excess of 5% shall require approval of the Employer. Performance Security 4.2 The performance security will be in the form of an unconditional bank guarantee in the amount(s) of 10% (ten percent) of the Contract Price. If the institution issuing the Security is located outside India, it shall have a correspondent financial institution located in the territory of India to make it enforceable. Labour laws 6.4 The Contractor shall comply with the existing labour laws of the State of Meghalaya. They shall have to obtain required labour license for non-local labourers from the concerned authorities before engaging them in the works. Normal working hours 6.5 Between 9:00 hrs and 17:00 hrs Construction of Civil Works and Supply, Installation, Testing, Commissioning Contract Package No : and Trial Run of Mechanical Equipment of 170 TPD Compost Plant at Shillong NERCCDIP/TR- 02/SHG/SWM /08 Section 8 Particular Conditions of Contract 8-2 Delay damages for the 8.7 & 0.05% (point zero five percent) of the value of respective Works 14.15(b) sections per day, in the currencies and proportions in which the Contract Price is payable. Maximum amount of 8.7 10% (ten percent) of the Contract Price. delay damages Adjustments for 13.8 The contract price shall be adjustable during contract Changes in Cost; execution only after 18 (Eighteen) months of contract period. Table(s) of Adjustment Increase or decrease in the cost of Labour and material shall Data be calculated quarterly. The first statement of price adjustment shall be prepared at the end of quarter in which the work was awarded and the work done from the date of start to the end of quarter shall be taken into account. For subsequent statement, cost of work done during every quarter shall be taken into account. At the completion of work, the work done during the last quarter or fraction, thereof, shall be taken into account. For the purpose of reckoning the work done during any period, the bills prepared during the period shall be considered. The dates of recording measurements in the Measurement Book by the Engineer’s Representative shall be the guiding factor to decide the bills relevant to any period. Total advance payment 14.2 10% (ten percent) in two equal installments of the Accepted Contract Amount payable in the currencies and proportions in which the Accepted Contract Amount is payable. First installment on receipt of performance security in the form of an unconditional Bank Guarantee and also an unconditional bank guarantee for total advance payment and second installment on mobilization of personnel and equipment at site as detailed in Section-6. Repayment amortization 14.2(b) Deduction shall be made at a rate of 20 % (twenty percent) of advance payment Percentage of Retention 14.3(c) 10 % (ten percent) Limit of Retention Money 14.3(c) 10% (ten percent) of the Accepted Contract Amount Plant and Materials 14.5(b)(i) Not applicable. 14.5(c)(i) Not applicable. Minimum Amount of 14.6 2.0% (two point zero percent) of the Accepted Contract Interim Payment Amount. Certificates Corrupt and Fraudulent 15.6 The following sentence shall apply: Practices [For contracts financed by the Asian Development Bank] For the purposes of this Sub-Clause: ADB’s Anticorruption Policy requires that Borrowers (including beneficiaries of ADB-financed activity), as well as Contractors, Subcontractors, manufacturers, and Consultants under ADB- financed contracts, observe the highest standard of ethics during the procurement and execution of such contracts. In pursuance of this policy, ADB: (a) defines, for the purposes of this provision, the terms set forth below as follows: Construction of Civil Works and Supply, Installation, Testing, Commissioning Contract Package No : and Trial Run of Mechanical Equipment of 170 TPD Compost Plant at Shillong NERCCDIP/TR- 02/SHG/SWM /08 Section 8 Particular Conditions of Contract 8-3 (i) “corrupt practice” means the offering, giving, receiving, or soliciting, directly or indirectly, anything of value to influence improperly the actions of another party; (ii) “fraudulent practice” means any act or omission, including a misrepresentation, that knowingly or recklessly misleads, or attempts to mislead, a party to obtain a financial or other benefit or to avoid an obligation; (iii) “coercive practice” means impairing or harming, or threatening to impair or harm, directly or indirectly, any party or the property of the party to influence improperly the actions of a party; (iv) “collusive practice” means an arrangement between two or more parties designed to achieve an improper purpose, including influencing improperly the actions of another party; (v) “integrity violation” means any act, as defined under ADB’s Integrity Principles and Guidelines, which violates ADB’s Anticorruption Policy including corrupt, fraudulent, coercive, or collusive practice, abuse, and obstructive practice; (vi) “obstructive practice” means (a) deliberately destroying, falsifying, altering or concealing of evidence material to an ADB investigation; (b) making false statements to investigators in order to materially impede an ADB investigation; (c) failing to comply with requests to provide information, documents or records in connection with an OAI investigation; (d) threatening, harassing, or intimidating any party to prevent it from disclosing its knowledge of matters relevant to the investigation or from pursuing the investigation, or (e) materially impeding ADB’s contractual rights of audit or access to information. (b) will reject a proposal for award if it determines that the Bidder recommended for award has, directly or through an agent, engaged in corrupt, fraudulent, collusive, coercive, or obstructive practices or other integrity violations in competing for the Contract; (c) will cancel the portion of the financing allocated to a contract if it determines at any time that representatives of the borrower or of a beneficiary of ADB-financing engaged in corrupt, fraudulent, collusive, coercive, or obstructive practices or other integrity violations during the procurement or the execution of that contract, without the borrower having taken timely and appropriate action satisfactory to ADB to remedy the situation; and (d) will sanction impose remedial actions on a firm or an individual, at any time, in accordance with ADB’s Anticorruption Policy and Integrity Principles and Guidelines (both as amended from time to time), including declaring ineligible, either indefinitely or for a stated period of time, to participate in ADB-financed, or administered or supported activities or to benefit from an ADB-financed, administered or supported contract, financially or otherwise, if it at any time determines that Construction of Civil Works and Supply, Installation, Testing, Commissioning Contract Package No : and Trial Run of Mechanical Equipment of 170 TPD Compost Plant at Shillong NERCCDIP/TR- 02/SHG/SWM /08 Section 8 Particular Conditions of Contract 8-4 the firm or individual has, directly or through an agent, engaged in corrupt, fraudulent, collusive, coercive, or obstructive practices or other integrity violations. Maximum total liability of 17.6 The product of 1.1 times the Accepted Contract Amount, the Contractor to the Employer Periods for submission 18.1 of insurance: a. Evidence of insurance. Fourteen (14) days b. relevant policies Twenty eight (28) days Maximum amount of 18.2(d) Indian Rupees One Million only (INR 1,000,000) deductibles for insurance of the Employer's risks Minimum amount of third 18.3 Indian Rupees Five Million only (INR 5,000,000) per party occurrence with no limit of number of occurrence. insurance Date by which the DAB 20.2 28 days after the Commencement shall be appointed The DAB shall be 20.2 One sole Member comprised of List of potential DB sole 20.2 To be provided later members Appointment (if not 20.3 The Institution of Engineers (India) agreed) to be made by International Arbitration 20.6 (a) In case of foreign contractor, Rules of Singapore International