‘Sub-Clause 70.1—Increase or Decrease in Cost
EXAMPLE
Delete the text of the Sub-Clause and substitute
Adjustments 10 the Contract Price shall be made in respect of vise or fall in the
ost of lacal labour and specified materials as set out inthis Sub-Clause,
(a) Local Workmen
{i) For the purpose of this Sub-Clause
“Local Workmen” means skilled, semi-skilled and unskilled workmen of all
trades engaged by the Contractor on the Site for the purpose of or in
connection with the Contract or engaged full time by the Contractor off the
Site for the purpose of ar in connection with the Contract (by way of
‘lustration bur not tinitarion: workmen engaged ful time in any office, store,
workshop or quarry)
“Basic Rate” means the applicable basic minimum wage rate prevailing on the
dace 28 days prior to the latest date for submission of tenders by reason of any
National or Stare Statute, Ordinance, Decree or other Law or any regulations
co bye-law of any local oF other duly constituted authority, or in order to
Conform with practice amongst good employers generally in the area where the
Works are to be carried out; and
“Current Rare" means the applicable basic minimum wage rate for Local
Workmen prevailing on any date subsequent to the date 28 days prior to the
latess date set for submission of tenders by reason of any National or State
Statute, Ordinance, Decree or ather Law or any regulation or bye-law of any
local or other duly constinted authority, or in order to conform with practice
‘amongst good employers generally inthe area where the worksare to be carried
out.
(ii) The adjustment 10 the Comract Priee under the terms of this Sub-Clause
hall be calculated by multiplying the difference berween the Basic and Current
Rates for Local workmen by
(a) the number of alt hours actually worked, and
(b) i respect of those hows worked at overtime rates, by the product of the
unaber of said hours and the percentage addition required by the law to be
paid by the Contractor for overtime,
Such adjustment may be either an addition to or a deduction from the Contract
Price,
(iti) No orher adjustment of the Coniract Price on account of fluctuation tn the
remuneration of Local Workmen shall be made.
(b) Specified Materials
(i) For the purpose of shis Sub-Clause:
‘Specified Materials” means the materials stated in Appendix (insert
reference) to Tender required om the Site for the execution and completion of
the Works
“Basie Prices” means the current prices for the specified materials prevaiting
on the date 28 days prior to the latest date for submission of tenders: and
“Current Prices” means the current prices for the specified materials prevailing
at any date subsequent 1 the date 28 days prior to the faiest date for submission
of tenders.
(ii) The adjustment to the Contract Price under the terms of this Sub-Clause
shall be calculated by applying the difference between the Basic and Current
Prices (0 the quantity of the appropriate Specified Material which is delivered
to the Site during the period for which the particular Currens Price is effective
Such adjustment may be either an addition r or a deduction fram the Contract
Price.
armc ps 2u(iti) The Contractor shail use due diligence to ensure that excessive wastage of
the Specified Materials shall not occur. Any Specified Materials removed froen
‘the Site shall be clearly idensified in the records required under paragraph (d)
of this Sub-Clause.
{iv) The provisions of shis Sub-Clause shall apply to fuels used in Contractor's
Equipment engaged on the Site for the purposes af executing the Works,
including vehicles owned by the Contractor (or hired by him under long term
arrangements under which the Contactor is obligated fo supply fuel) engaged
in transporting any staff, labour, Contractor's Equipment, Temporary
Works, Plant or materials to and from the Site. Such fuels shall be clearly
identified in the records required under paragraph (d) of this Sub-Clause. The
provisions of this Sub-Clause shall not apply 10 any fuels sold or supplied to
any employee of the Contractor or to any person for use in any morar vehicle
not being used for the purpases of the Contract.
(¥) The Contractor shall at alt times have regard to suitable markets and shal
whenever buying materials a variation in the cost of which would give vise to an
adjustment of the Contract Price under this Sub-Clause, be ditigent to buy or
Procure the same at the most economical prices as are consistent with the due
performance by the Contactor of his obligations under the Contract.
Ifiat any time there shail have been any tack of diligence, default or negligence
tn the part of the Coniractor, whether in observing the above requirements or
‘otherwise, then, for the purposes of adjusting the Contract Price puo'sian
hereto, no account shall be taken of any increase in cost which may be
catiributable to such lack of diligence, default or negligence and the amount by
which any cost would have deen decreased but for such lack of diligence
default or negligence shall be deducted from the Contract Price.
(vi) No other adjustment ‘0 the Contact Price on account of fluctuation in the
‘cast of materials shall be made,
(c) Overheads and Profits Excluded
Indetermining the amount of any adjustment to the Contract Price pursuant to
this Sub-Clause no account shall be taken of any overheads or profits.
(dj Notices and Records
The Contractor shalt forthwith, upon the happening of any event which may or
may be likely to give rise to adjustment af the Consract Price pursuant to this
Sub-Clause, give notice thereof 10 the Engineer and the Coniractor shall keep
such books, accounts and other documentsand records asare necessary to enable
adjustment under this Sub-Clause to be made and shall, at the request of the
Engineer, furnish any invoices, accounts, documents or records so kept and such
ther information as the Engineer may require,
(e) Adjustment after Date of Completion
Adjustment to the Contract Price. after the due date for completion of the whole
af the Works pursuant to Clause 43, or after the date of completion of the whole
of the Works certified pursuant to Clause 48, shall be made in aecordarice with
Current Rates or Current Prices, as applicuble, ruling at the due date for
completion or the date stated in the Taking-Over Certificate, whichever is the
earlier
(P) Determination of Adjustment to Condract Price
The amount ofany adjustment to the Contract Price pursuant to this Sub-Clause
shall be determined by the Engineer in accordance with the foregoing rules.
enorEXAMPLE APPENDIX TO TENDER
for use in conjunction with the second alternative
SPECIFIED MATERIALS
MATERIAL — UNIT PRICE AND TRANSPORT PRICE RAiNARES
‘LOCATION TOSITE DELIVERED
Tose
Bitaanen
Diese!
Perret
Latics
Comm
Reinforcing
‘Slee!
Explosives
NOTES:
1. The Contractor shall provide copies of quotations to substantiate all prices
included in the above table.
2. All subsequent price substantiation shall be from the same source as original
unless otherwise agreed by the Engineer
4. The Contractor shall submit full explanation ond provide substantiating
documentation for the mode of transport to Site he propases, Only te proposed
documented mode of transport shell qualify for price adjustment.
(Note: Materials staed in the Appendix to Tender should be those of which
substantial quantities are involved.)
‘The third alternative is suitable where price adjustment is to be made through the
‘application of indices in a formula:
‘Sub-Clause 70.1 — Increase or Decrease in Cost
EXAMPLE
Delete the text of the Sub-Clause and substitute
(a) Adjustments to the Contract Price in respect of rise and fall in the cost of
abou" and materials and other matters affecting the cost of execution of the
Works shail be calculated for each monsity staiement pursuant to Sub-Clause
60.1, the Statement at Completion pursuant to Sub-Clause 605 and the Pinal
Statement pursuant to Sub-Clause 60.6 in accordance with the provisions of this
Sub-Clause if there shall be any changes in the following Index figures compiled
by (insert details of source of indices) and published by (insert details. of
publication).
(i) the Index of the cost of Labour in (insert name of country),
{ii the Indes of the cost of (insert other factor, as relevant), oF
(ii) the index ofthe cost of (insert other factor, as relevant),
(6) For the purpase of this Sub-Clause:
(i) “Base Index Figure” shatl mean the index figure applicable on the date 28
days prior to the latest date for submission of tenders, and
ii) “Current index Figure” shall mean the indes-figure applicable on the ast
day of the period to which the particular starement relates.
Provided that in respeet of eny work the value of which is inebuded in any such
‘monthty statement (or Statement at Completion or Final Sratement) and whieh
was execated after the due date (or extended date) for completion of the whole
of the Works, pursuant to Clause 43, the Current fhutex: Figure shall be the
index figure applicable on the aforesaid due date (or extended date) for
completion of the whole of the Works.
corioie 7 23(ii) “Effective Value” shalt be the difference between:
a) The amount which is due to the Contractor under the provisions of
Sub-Clauses 60.2, 605 or 608 (before deducting retention and exchuding
‘repayment of the advance payment) fess any amounts for?
work executed under noninated Subcontracts
‘materials and Plant on the Site, as referred rai Sub-Clause 60.1 (e)
dayworks, variations or any other items based on actual cost or current
prices, and bonuses ifany)
adjustments under Clause 70,
and
(b) The amount caleulated in accordance with (b) (ii) (a) of this Sub-Clause
‘and included in the last preceding statement.
(c) The adjustment to the Contract Price shalt be calculated by multiplying the
Effective Value by a Price Fluctuation Ractor which shall be the net sum of the
products obtained by multiplying each of the proportions given in paragraph (dl)
of this Sub-Clause by the following fraction:
Carrent Index Figure ~ Base Index Figure
Base Index Figure
calculated using the relevanu index figures
(a) For the purpose of calculating the Price Fluctuation Factor, the proportions
referred to in paragraph (c) of this Sub-Clanse shall (irrespective of the actual
constituents of the work) be as follows:
0. in respect of labour (and supervision) costs subject 10 adjustment by
reference to the Index referred ton (a) i) of this Sub-Clause;
0. inrespect of bby reference to the Inddex referred
to.in (a) (it) ofthis Sub-Clause;
0. in respect of by reference to the Index referred
to in (a) (ill) ofthis Sub-Clause;
0. imvespect ofall other costs which shall not be subject to any adjustment;
1.00 Tota
(e) Where the value of an Index is not known at the time of calculation, the larest
available vatue shail be used dnd any adjustment necessary shall be made in
subsequent monthly statements
(Note: The number Of indices included under (a) of this Sub-Clause may be varied, if it is
determined that a different number of factors should be separately identified, and in such
ccase (d) of this Sub-Clause must be altered to be consistent.)
Clause 72
‘Sub-Clause 72.2 — Curreney Proportions
Where it is decided that the rate or rates of exchange shall be established (tom a source
other than the Central Bank of the country, the Sub-Clause may be varied.
EXAMPLE
Delete the words from “prevailing... * 1o the end of the sentence and substitute
“stated in the Appendix to Tender
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