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Tender Notice No.CE/02/2014-15

OFFICE OF THE CHIEF ENGINEER

C. L. W / CHITTARANJAN – 713331Tender No.: Engg/02/2014-15 to be opened on

08.05.2014

Date & Time of Closing : 08.05.2014 at

11.00 hours

http://www.clw.indianrailways.gov.in/

Date & Time of Opening : 08.05.2014 at 11.30

hours

Name of the Works :

(i) Repair of roads at officer quarters ofChittaranjan Locomotive Works,Chittaranjan Township.(ii) Repair of colony roads atChittaranjan Locomotive Works,Chittaranjan Township.

Name of Tenderer __________________________________________

Address __________________________________________________

deposited cost of Tender Form as 5,000/- (Rupees Five

thousand) only vide Reference No. _________________________

dated _________.

INSTRUCTION OF TENDERERS

1

.

Tender No. : Engg/02/2014-15

2

.

Approx. Value : 56,81,387.00

3

.

Name of work : (i) Repairs of roads at officer quarters ofChittaranjan Locomotive Works,Chittaranjan township.

(ii) Repair of colony roads atChittaranjan Locomotive Works,

(Signature of the Tenderers /Contractor/s)

Dated: ___________________________

1

Chittaranjan Township.4

.

Place of work : Chittaranjan.

5. The Tender documents consist of the following. All pagesof which should be signed and dated by the Tenderer and all thedocuments submitted together to form one Tender.

1. Regulations for Tenders and Contracts (Part-I)2. Tender Form (First Sheet)3. Tender Form (Second Sheet)4. Tender Form (Third Sheet) Schedule of Rates &

Quantities5. Standard General Conditions of Contract (Part-II)6. Special Specifications and additional Special

Conditions of Contract7. Annexure – “C” documents should be submitted along

with Tender

6. The tender documents are not transferable.

7. The rate should be quoted both in figure and words, whichshall form basis of payment for the works and for any extensionor modification that may be required.

8. The Tender documents duly completed should be put in asealed cover, super scribing thereon the (i) Tender No., (ii)Name of work and (iii) The name of the officer in whose favourthe tender is submitted.

9. The tender should be submitted to the Chief Engineer,Chittaranjan Locomotive Works, Chittaranjan, Dist. Burdwan(W.B.), Pin Code No.713331.

10. The Tenders will be received upto 11.00 hours on08.05.2014 and the tenders so received will be opened and ratesread out to the attending tenderness on the same day i.e.08.05.2014 at 11.30 hours The Tender box placed in the officeof the Chief Engineer/ CLW/ Chittaranjan for dropping theTenders will be closed and sealed at 11.00 hours on 08.05.2014.

Tenders received after closing the Tender Box will not be entertained.


Dated: ___________________________

2

11. The Tenderers may drop their Tenders duly sealed and superscribed in the Tender Box specially allotted for the purposeand placed in the office of the said officer mentioned in Para-10 above or send their tenders by Registered Post to theaddress of the said officer so as to reach his office not laterthan 11.00 hours on 08.05.2014.

12. The Tender must be accompanied by the deposit of a sum ofEarnest Money as mentioned in Column -5 of Tender Form and fullamount of Earnest Money shall constitute as “InitialSecurity” for keeping the offer open for acceptance for aperiod of 90 (ninety) days from the date fixed for receipt andopening of the Tenders.

13. The rates quoted for the job should be strictly as per theprovisions made in the Schedule. Splitting up of the job andquoting of rates therefore may result in the Tender beingcancelled.

14. Should the tenderer find any discrepancy in or omissionfrom the Drawings or any of the Tender Forms should be in doubtas to their meaning be should at once notify to the authorityinviting tenders who may send written instructions to allTenders. It should be understood that every endeavour has beenmade to avoid any error which may materially effect the basisof Tender and the successful Tenderers should taken uponhimself and provide for the risk of any error which maysubsequently be discovered and shall make no claim on accountthereof.

15(a) Cost of the Tender form is 5,000/- (Rupees Fivethousand) only.

15(b) Tender document can also be had by downloading thesame from CLW Web Site No. www.clw.indainrailways .gov.in . Inthat case the tenderer shall send a Demand Draft of 5,000/-towards the cost of Tender document drawn in favour of FA&CAO/CLW/ Chittaranjan along with tender documents.Tenders receivedwithout the cost of Tender Form is liable to be summarilyrejected.

16. MINIMUM ELIGIBILITY CRITERIA FOR OPEN TENDER COSTING ABOVE50 LAKHS


Dated: ___________________________

3

http://www.clw.indainrailways/

(I) Total contract amount received during the last (3) threefinancial years and in the current financial year shouldbe a minimum of 150% of advertised tender value.

(ii) Should have completed in last 3 financial years (i.e.current year and 3 previous financial years) at least onesimilar single work for a minimum vale of 35% ofadvertised tender value.

17. CRITERION

Tenderer must submit the completion certificates insupport of fulfillment of prescribed eligibility criteria.For the purpose of submission of completion certificates,tenderers must adhere to the revised guidelines as reflectedin note below:

Total contract amount received during the last threefinancial years and in the current financial year as perPayment attested certificate from employer or client /audited balance sheet duly certified by the CharteredAccountant for a minimum value of 150% of the approximatevalue of the work.

18. NOTE:

(a) Notwithstanding the eligibility criteria being satisfied,Railway reserves the right to reject / accept the tenderafter considering the various circumstances of theindividual case

(b) Certificates issued by Government / Semi Government /Government undertaking will only be considered.

(c) Onus of producing the acceptable / sufficient documentaryproof lies with the tenderers and it should be enclosedalong with the tender.

(d) Tenderer must submit the completion certificate of theworks claiming in fulfilling the above eligibility. In the


Dated: ___________________________

4

case of composite work involving combination of differentworks, even separate completed works of required valueshould be considered while evaluating the eligibilitycriteria.

(e) In the case of composite works involving combination ofdifferent works, even separate completed works of requiredvalue should be considered while evaluating theeligibility criteria.

(f) Completion Certificate.

(i) Similar nature of work physically completed withinthe qualifying period i.e. the last 3 financial years andcurrent financial year (even though the work might havecommenced before the qualifying period) should only beconsidered in evaluating the eligibility criteria.

(ii) The total value of similar nature of work completedduring the qualifying period and not the payments receivedwithin qualifying period alone should be considered.

(iii) In case, the final bill of similar nature ofwork has not been passed and final measurements have not beenrecorded, the paid amount including statutory deductions is tobe considered. If final measurements have been recorded andwork has been completed with negative variation, then also thepaid amount including statutory deduction is to beconsidered. However, if final measurements have been recordedand work has been completed with positive variation butvariation has not been sanctioned, original agreement value orlast sanctioned agreement value which ever is lower should beconsidered for judging eligibility.

20. Similar nature of works will be considered as follows:-

(i) Construction and maintenance of roadsor

(ii) Repairs and maintenance works of Civil Engineeringassets


Dated: ___________________________

5

21. Tenderer should submit supporting papers as evidence offulfilling the eligibility criteria along with the Tender.

I / We have gone through all the stipulations inPara 1 to 21 at page 1 to 4 of the “INSTRUCTION OFTENDERERS ” and I / we understand that the same arewholly binding on me / us for the purpose of thepresent tender / contract.


Dated: ___________________________

6

PART-I

PART-I

REGULATIONS FOR TENDERS AND CONTRACTS

FOR THE GUIDANCE OF ENGINEERS & CONTRACTORS FOR WORKS CONTRACTS

MEANING OF TERMS

1.1 Interpretation : These Regulations for Tenders andContracts shall be read in conjunction with the GeneralConditions of Contract which are referred to herein and shallbe subject to modifications additions or suppression by specialconditions of contract and/or special specifications, if any,annexed to the Tender Forms.

1.2 Definition : In these Regulations for Tenders andContracts the following terms shall have the meanings assignedhereunder except where the context otherwise requires.


Dated: ___________________________

7

(a) “Railway” shall mean the President of the Republic ofIndia or the Administrative Officers of the SuccessorRailway authorized to deal with any matters, which thesepresents are concerned on his behalf.

(b) “General Manager” shall mean the Officer-in-Charge ofthe general superintendence and control of the ZonalRailway/Production Units and shall also include theGeneral Manager (Construction) and shall mean and includetheir successors, of the Successor Railway.

(c) “Chief Engineer” shall mean the Officer in charge of theEngineering Department of East Central Railway and shallalso include the Chief Engineer (Construction), ChiefElectrical Engineer, Chief Electrical Engineer(Construction), Chief Signal & Telecom Engineer, ChiefSignal & Telecom Engineer (Construction) and shall meanand include their successors of the Successor Railway.

(d) “Divisional Railway Manager” shall mean the Officer incharge of a Division of the Zonal Railway and shall meanand include the Divisional Railway Manager of theSuccessor Railway.

(e) “Engineer” shall mean the Divisional Engineer or theExecutive Engineer, Divisional Signal & TelecommunicationEngineer, Divisional Signal & Telecommunication Engineer(Construction), Divisional Electrical Engineer andDivisional Electrical Engineer (Construction), inexecutive charge of the works and shall include thesuperior officers of the Engineering, Signal &Telecommunication, and Electrical Departments of Railway,i.e. the Senior Divisional Engineer/Deputy ChiefEngineer/Chief Engineer/ChiefEngineer(Construction),Senior Divisional Signal &Telecommunication Engineer / Dy.Chief Signal &Telecommunication Engineer / Dy. Chief Signal &Telecommunication Engineer(Construction), SeniorDivisional Electrical Engineer / Deputy Chief Electrical


Dated: ___________________________

8

Engineer / Dy.Chief Electrical Engineer (Construction) /and shall mean and include the Engineers of the SuccessorsRailway.

(f) “Tenderer” shall mean the person / the firm / co-operativeor company whether incorporated or not who tenders for theworks with a view to execute the works on contract withthe Railway and shall include their personalrepresentatives, successors and permitted assigns.

(g) “Limited Tenders” shall mean tenders invited from all orsome Contractors on the approved or select list ofContractors with the Railway.

(h) “Open Tenders” shall mean the tenders invited in open andpublic manner and with adequate notice.

(i) “Works” shall mean the works contemplated in the drawingsand schedules set forth in the tender forms and requiredto be executed according to the specifications.

(j) “Specifications” shall mean the specifications forMaterials and works of the Railway as specified in Part-III of the Works Hand Book issued under the authority ofthe Chief Engineer or as amplified, added to or supersededby special specifications if any, appended to the TenderForms.

(k) “Schedule of Rates of the Railway” shall mean the Scheduleof Rates issued under the authority of the Chief Engineerfrom time to time.

(l) “Drawings” shall mean the maps, drawings, plans andtracings or prints thereof annexed to the Tender Forms.

1.3 Words importing the singular number shall also include theplural and vice versa where the context requires.

CREDENTIALS OF CONTRACTORS

2. Application For Registration :


Dated: ___________________________

9

2.1 Works of construction and of supply of material shall beentrusted for execution to contractors whose capabilities andfinancial status have been investigated and approved to thesatisfaction of the Railway. For this purpose, list of approvedcontractors shall be maintained in the Railway. The said listbe revised periodically once in a year or so by giving widepublicity through advertisements etc.

A Contractor including a contractor who is already on theapproved list shall apply to the nearest General Manager(Construction), Chief Administrative Officer (Construction),Divisional Railway Manager, Chief Engineer/Chief Engineer(Construction), Chief Signal & Telecommunication Engineer/ChiefSignal & Telecommunication Engineer (Construction) and ChiefElectrical Engineer/Chief Electrical Engineer (Construction),furnishing particulars regarding :

(a) his position as an independent contractor specifyingEngineering organization available with details orPartners / Staff / Engineers employed with qualificationsand experience;

(b) his capacity to undertake and carry out workssatisfactorily as vouched for by a responsible official orfirm, with details about the transport equipments,construction tools and plants etc., required for the workmaintained by him;

(c) his previous experience of works similar to that to becontracted for, in proof of which original certificates ortestimonials may be called for and their genuinenessverified, if needs be, by reference to the signatoriesthereof;

(d) his knowledge from actual personal investigation of theresources of the area/zone or zones in which he offers towork;

(e) his ability to supervise the work personally or bycompetent and duly authorized agent;


Dated: ___________________________

10

(f) his financial position;

(g) Authorized copy of the current income-tax ClearanceCertificate.

2.2 An applicant shall clearly state the categories of worksand the Area / Zone / Division(s) / District(s) in which hedesires registration in the list of approved contractors.

2.3 The selection of contractors for enlistment in theapproved list would be done by a committee for different valueslabs as notified by Railway.

2.4 An annual fee as prescribed by the Railway from time totime would be charged from such approved contractors to coverthe cost of sending notices to them and clerkage for tendersetc.

2.5 The list of approved contractors would be treated asconfidential office record.

TENDERS FOR WORKS

3. Tender Form : Tender Forms shall embody the contents ofthe contract documents either directly or by reference andshall be as per specimen form, Annexure-I. Tender Forms shallbe issued on payment of the prescribed fee to the appropriatecontractors on the list of approved contractors. Contractorsnot on the list of approved contractors, will on payment of theprescribed fees, be furnished with tender forms and they shallbe required to submit evidence regarding their financialstatus, previous experience and ability to execute the works.

4. Omissions & Discrepancies : Should a tenderer finddiscrepancies in or omissions from the drawings or any of theTender Forms or should he be in doubt as to their meaning, heshould at once notify the authority inviting tenders who maysend a written instruction to all tenders. It shall beunderstood that every endeavour has been made to avoid anyerror which can materially affect the basis of tender and


Dated: ___________________________

11

successful tenderer shall take upon himself and provide for therisk of any error which may subsequently be discovered andshall make no subsequent claim on account thereof.

5. Earnest Money :

(1) (a) The tenderer shall be required to deposit earnestmoney with the tender for the due performance with thestipulation to keep the offer open till such date asspecified in the tender, under the conditions of tender.The earnest money shall be as under :

Value Of The Work Earnest Money Deposit (EMD)

A. For works estimatedto cost up to 1crore

2% of the estimated cost ofthe work

B. For works estimatedto cost more than 1 crore

2 lakh plus ½% (halfpercent) of the excess of theestimated cost of work beyond1 crore subject to a maximum

of 1 crore

The earnest money shall be rounded to the nearest Rs.10.This earnest money shall be applicable for all modes oftendering.

(b) It shall be understood that the tender documents havebeen sold/issued to the tenderer and the tenderer ispermitted to tender in consideration of stipulation on hispart, that after submitting his tender he will not resilefrom his offer or modify the terms and conditions thereofin a manner not acceptable to the Engineer. Should thetenderer fail to observe or comply with the saidstipulation, the aforesaid amount shall be liable to beforfeited to the Railway.

(c) If his tender is accepted this earnest moneymentioned in sub clause (a) above will be retained as part


Dated: ___________________________

12

security for the due and faithful fulfillment of thecontract in terms of Clause 16 of the General Conditionsof Contract. The Earnest Money of other Tenderers shall,save as herein before provided, be returned to them, butthe Railway shall not be responsible for any loss ordepreciation that may happen thereto while in theirpossession, nor be liable to pay interest thereon.

(2) (a) The Earnest Money should be in cash or in any of thefollowing forms :

“The Earnest Money should be in cash or in the form ofdeposit receipts, pay orders or demand drafts executed byState Bank of India or any of the Nationalized Banks or bya Scheduled Bank.”

(b) Earnest money may be accepted in the followingforms :

(i) A deposit in cash(ii) Government securities at 5% below the market value(iii) Deposit receipts or demand drafts of the

Nationalized Bank(iv) A deposit in the Post Office Saving Bank(v) National Savings Certificates(vi) Twelve Year National Defence Certificates(vii) Ten Year Defence Deposits(viii) National Defence Bonds(ix) National Savings Certificates,(x) Time Deposit Account which came into force on

16.03.1970 and notified under Ministry of Finance,Notification No.F3 (7) NS/70, dated 28.02.70

(xi) IRFC Bonds

Note: (vi) to (viii) - these Certificates/Bonds may be accepted at their surrender value.

6. Care In Submission Of Tenders:


Dated: ___________________________

13

(a) Before submitting a tender, the tenderer will be deemed tohave satisfied himself by actual inspection of the site andlocality of the works, that all conditions liable to beencountered during the execution of the works are taken intoaccount and that the rates he enters in the tender forms areadequate and all inclusive to accord with the provisions inClause-37 of the General Conditions of Contract for thecompletion of works to the entire satisfaction of the Engineer.

(b) When work is tendered for by a firm or company ofcontractors, the tender shall be signed by the individuallegally authorized to enter into commitments on their behalf.

(c) The Railway will not be bound by any power of attorneygranted by the tenderer or by changes in the composition of thefirm made subsequent to the execution of the contract. It may,however, recognize such power of attorney and changes afterobtaining proper legal advice, the cost of which will bechargeable to the contractor.

CONSIDERATION OF TENDERS

7. Right Of Railway To Deal With Tenders : The Railwayreserves the right of not to invite tenders for any of Railwaywork or works or to invite open or limited tenders and whentenders are called to accept a tender in whole or in part orreject any tender or all tenders without assigning reasons forany such action.

CONTRACT DOCUMENTS

8. Execution of Contract Document : The Tenderer whose tenderis accepted shall be required to appear in person at the officeof General Manager/General Manager (Construction), ChiefAdministrative Officer (Construction), Divisional RailwayManager or concerned Engineer, as the case may be, or if a firmor corporation, a duly authorized representative shall soappear and execute the contract documents within 7 days afternotice that the contract has been awarded to him. Failure to doso shall constitute a breach of the agreement affected by the


Dated: ___________________________

14

acceptance of the tender in which case the full value of theearnest money accompanying the tender shall stand forfeitedwithout prejudice to any other rights or remedies.

In the event of any tenderer whose tender is acceptedshall refuse to execute the contract document as here in beforeprovided, the Railway may determine that such tenderer hasabandoned the contract and there upon his tender and acceptancethereof shall be treated as cancelled and the Railway shall beentitled to forfeit the full amount of the Earnest Money and torecover the damages for such default.

9. Form Of Contract Document : Every contract shall becomplete in respect of the document it shall so constitute.Not less than 2 copies of the contract document shall be signedby the competent authority and the contractor and one copygiven to the contractor.

I / We have gone through all the stipulations in Para 1.1to 9 at page 06 to 12 of the “REGULATIONS FOR TENDERS ANDCONTRACTS ” and I / we understand that the same are whollybinding on me / us for the purpose of the present tender /contract.

Chittaranjan Locomotive WorksCHITTARANJAN

TENDER FORM (First Sheet)

Tender No. Engg/02/2014-15

Name of the work – (i) Repairs of roads at officer quarters ofChittaranjan Locomotive Works,Chittaranjan township.

(ii) Repair of colony roads at ChittaranjanLocomotive Works, Chittaranjan Township.

To

The President of India,Acting through the Chief Engineer, Chittaranjan Locomotive Works,


Dated: ___________________________

15

Chittaranjan.

I/We, __________________________________ have read thevarious conditions to tender attached hereto and agree to abideby the said conditions. I/We also agree to keep this tenderopen for acceptance for a period of 90(ninety) days from the date fixed for opening the same and indefault thereof, I/We will be liable for forfeiture of my / our“Earnest Money” I/We offer to do the works for ChittaranjanLocomotive Works, Chittaranjan, at the rates quoted in theattached schedule and hereby bind myself / ourselves tocomplete the work within a period 05 (Five) months from thedate of issue of the letter of acceptance of the tender.

2. I / We also hereby agree to abide by the Indian RailwaysGeneral Conditions of Contract 2013, with all correction slipsup-to-date and to carry out the work according to the SpecialConditions of Contract and Specifications of materials andworks as laid down by the Railway in the annexed SpecialConditions/Specifications, Schedule of Rates with allcorrection slips up-to-date for thepresent Contract.

3. A sum of 1,13,630/- is herewith forwarded as EarnestMoney. Full value of the Earnest Money shall stand forfeitedwithout prejudice to any other right or remedies in case my/ourTender is accepted and if:

(a) I/We do not execute the contract documents withinseven days after receipt of notice issued by theRailway that such documents are ready; and

(b) I/We do not commence the work within fifteen daysafter receipt of orders to that effect.

(c) I/We produce herewith the Demand Draft / Cashdeposit / Pay Order / Deposit receipt No. ______________ dated_________ for Rs.__________ of the___________________ the deposit or Earnest Money of1,13,630/- My Bank Accounts number is __________-


Dated: ___________________________

16

_____________, PAN ________________& I.F.S. Code No.is ______________ on ________________________ (Nameof the Bank).

4. Until a formal agreement is prepared and executed, theacceptance to this tender shall constitute a binding contractbetween us subject to modifications, as may be mutually agreedto between us and indicated in the letter of acceptance of my /our offer for this work.

(Signature of the Tenderer/Contractor/s)

Dated :__________________________

Signature of witness :

(1) _____________________________

(2) _____________________________

I / We have gone through all the stipulations in Para1 to 4 at page 13 to 14 of the “TENDER FORM (FIRSTSHEET) ” and I / we understand that the same arewholly binding on me / us for the purpose of thepresent tender / contract.

TENDER FORM (Second Sheet)


Dated: ___________________________

17

1. INSTRUCTIONS TO TENDERERS AND CONDITIONS OF TENDER :

The following documents form part of Tender/Contract:

(a) Tender Forms – First Sheet and Second Sheet

(b) Special Conditions/Specifications (enclosed)

(c) Schedule of approximate quantities (enclosed)

(d) General Conditions of Contract and StandardSpecifications for Materials and Works of IndianRailway as amended/corrected upto latest CorrectionSlips, copies of which can be seen in the office ofChief Engineer/CLW/Chittaranjan or obtained fromthe office of the Chief Engineer,CLW/Chittaranjan,on payment of prescribed charges.

(e) Schedule of Rates as amended /corrected upto latestCorrection Slips, copies of which can be seen inthe office of ChiefEngineer/CLW/Chittaranjan or obtained from theoffice of the Chief Engineer,CLW/Chittaranjan, onpayment of prescribed charges.

(f) All general and detailed drawings pertaining tothis work which will be issued by the Engineer orhis representatives (from time to time) with allchanges and modifications.

2. DRAWINGS FOR THE WORK:

The Drawing for the work can be seen in the office ofthe Chief Engineer, CLW/Chittaranjan at any timeduring the office hours. The drawings are only for theguidance of Tenderer(s). Detailed working drawings (ifrequired) based generally on the drawing mentioned above, willbe given by the Engineer or his representative from time totime.

3. The Tenderer(s) shall quote his/their rates as apercentage above or below the Schedule of Rates of EasternRailway as applicable to CLW/Chittaranjan except where he/theyare required to quote item rates and must tender for all the


Dated: ___________________________

18

items shown in the Schedule of approximate quantities attached.The quantities shown in the attached Schedule are given as aguide and are approximate only and are subject to variationaccording to the needs of the Railway. The Railway does notguarantee work under each item of the Schedule.

4. Tenders containing erasures and/or alterations oftender documents are liable to be rejected. Any correction madeby the tender(s) in his/their entries must be attested byhim/them.

5. The works are required to be completed within aperiod of 05 (Five) months from the dateof issue of acceptance letter.

6. EARNEST MONEY:

(a) The tender must be accompanied by a sum of 1,13,630/- as earnest money deposited in cash or inany of the forms as mentioned in “ Regulations forTenders and Contracts” for the guidance of theEngineers and Contractors, failing which the tenderwill not be considered.

(b) The Tenderer(s) shall keep the offer open for aminimum period of 90 days from the date of opening ofthe Tender. It is understood that the tenderdocuments have been sold/issued to the Tenderer(s),is/are permitted to tender in consideration of thestipulation on his/their part that after submittinghis/their tender subject to the period being extendedfurther, if required by mutual agreement from time totime, he will not resile from his offer or modify theterms and conditions thereof in a manner notacceptable to the Chief Engineer/Dy.ChiefEngineer/Divisional Engineer of CLW/Chittaranjan .Should the tenderer fail to observe or comply withthe foregoing stipulation, the amount deposited asEarnest Money for the due performance of the abovestipulation, shall be forfeited to the Railway.

(c) If the tender is accepted, the amount of EarnestMoney will be retained and adjusted as Security


Dated: ___________________________

19

Deposit for the due and faithful fulfillment of thecontract. This amount of Security Deposit shall beforfeited, if the Tenderer(s)/Contractor(s) fail toexecute the Agreement Bond within 07 days afterreceipt of notice issued by Railway that suchdocuments are ready or to commence the work within 15days after receipt of the order to that effect.

(d) Earnest Money of the unsuccessful tenderer(s) will,save as here-in-before provided, bereturned to the unsuccessful tenderer(s) within areasonable time, but the Railway shall not beresponsible for any loss or depreciation that mayhappen to the Security for the due performance of thestipulation to keep the offer open for the periodspecified in the tender documents or to the EarnestMoney while in their possession nor be liable to payinterest thereon.

7. RIGHTS OF THE RAILWAY TO DEAL WITH TENDER:

The authority for the acceptance of the tender willrest with the Railway. It shall not be obligatory on the saidauthority to accept the lowest tender or any other tender andno tenderers(s) shall demand any explanation for the cause ofrejection of his/their tender nor the Railway to assign reasonsfor declining to consider or reject any particular tender ortenders.

8. If the tenderer(s) deliberately gives / give wronginformation in his / their tender or creates / createcircumstances for the acceptance of his / their tender, theRailway reserves the right to reject such tender at any stage.

9. If the tenderer(s) expires after the submission ofhis / their tender or after the acceptance of his their tender,the Railway shall deem such tender cancelled. If a partner of afirm expires after the submission of their tender or after the


Dated: ___________________________

20

acceptance of their tender, the Railway shall deem such tenderas cancelled, unless the firm retains its character.

10. Tender must be enclosed in a sealed cover,superscripted “Tender No. Engg/39/2013-14” and must be sent byregistered post to the address of ChiefEngineer,PO: CHITTARANJAN, DISTRICT:BURDWAN,PIN-713331, WESTBENGAL so as to reach his office not later than 11.00 Hours onthe 08.05.2014 or deposited in the special box allotted for thepurpose in the office of Chief Engineer Railway. This Specialbox will be sealed at 11.00 hours on 08.05.2014. The tenderwill be opened at 11.30 hours on the same day. The tenderpapers will not be sold after 15.30 hours on 06.05.2014.

11. Non-compliance with any of the conditions set forththerein above is liable to result in the tender being rejected.

12. EXECUTION OF CONTRACT DOCUMENTS :

The successful Tenderer(s) shall be required to execute anagreement with the President of India acting through the ChiefEngineer,CLW/Chittaranjan Railway for carrying out the workaccording to General Conditions of Contract, Special Conditions/ Specifications annexed to the tender and Specification forwork and materials of Railway as amended/corrected upto latestCorrection Slips, mentioned in tender form (First Sheet).

13. PARTNERSHIP DEEDS, POWER OF ATTORNEY ETC. :

The tenderer shall clearly specify whether the tender issubmitted on his own or on behalf of a partnership concern. Ifthe tender is submitted on behalf of a partnership concern, heshould submit the certified copy of partnership deed alongwiththe tender and authorization to sign the tender documents onbehalf of partnership firm. If these documents are not enclosedalongwith tender documents, the tender will be treated ashaving been submitted by individual signing the tenderdocuments. The Railway will not be bound by any power ofattorney granted by the tenderer or by changes in thecomposition of the firm made subsequent to the execution of the


Dated: ___________________________

21

contract. It may, however, recognize such power of attorney andchanges after obtaining proper legal advice, the cost of whichwill be chargeable to the contractor.

14. The tenderer whether sole proprietor, a limitedcompany or a partnership firm if they want to act through agentor individual partner(s) should submit along with the tender orat a later stage, a power of attorney duly stamped andauthenticated by a Notary Public or by Magistrate in favour ofthe specific person whether he/they be partner(s) of the firmor any other person specifically authorising him/them to submitthe tender, sign the agreement, receive money, witnessmeasurements, sign measurement books, compromise, settle,relinquish any claim(s) preferred by the firm and sign "NoClaim Certificate" and refer all or any disputes toarbitration.

15. EMPLOYMENT/PARTNERSHIP ETC. OF RETIRED RAILWAYEMPLOYEES :

(a) Should a tenderer be a retired engineer of theGazetted rank or any other Gazetted officer working before hisretirement, whether in the executive or administrative capacityor whether holding a pensionable post or not, in theEngineering or any other department of any of the railwaysowned and administered by the President of India for the timebeing, or should a tenderer being partnership firm have as oneof its partners a retired engineer or retired Gazetted Officeras aforesaid, or should a tenderer being an incorporatedcompany have any such retired engineer or retired officer asone of its Directors or should a tenderer have in hisemployment any retired Engineer or retired Gazetted Officer asaforesaid, the full information as to the date of retirement ofsuch Engineer or Gazetted Officer from the said service and incase where such Engineer or Officer had not retired fromGovernment service at least 2 years prior to the date ofsubmission of the tender as to whether permission for takingsuch contract, or if the contractor be a partnership firm or anincorporated company, to become a partner or Director as thecase may be, or to take the employment under the contractor,has been obtained by the tenderer or the Engineer or Officer,as the case may be from the President of India or any officer,duly authorised by him in this behalf, shall be clearly stated


Dated: ___________________________

22

in writing at the time of submitting the tender. Tenderswithout the information above referred to or a statement to theeffect that no such retired Engineer or retired GazettedOfficer is so associated with the tenderer, as the case may be,shall be rejected.

(b) Should a tenderer or contractor being an individualon the list of approved Contractors, have a relative(s) or inthe case of partnership firm or company of contractors one ormore of his shareholder(s) or a relative(s) of theshareholder(s) employed in gazetted capacity in the Engineeringor any other department of the CLW/Chittaranjan Railway, theauthority inviting tenders shall be informed of the fact at thetime of submission of tender, failing which the tender may bedisqualified/rejected or if such fact subsequently comes tolight, the contract may be rescinded in accordance with theprovision in Clause 62 of the General Conditions of Contract.

(Signature)

(Designation)

CLW/Chittaranjan

Signature of Tenderer(s)

I / We have gone through all the stipulations in Para 1 to 15at page 15 to 19 of the “TENDER FORM (SECOND SHEET) ” and I /we understand that the same are wholly binding on me / us forthe purpose of the present tender / contract.

Indian RailwaysChittaranjan Locomotive WorksChittaranjan, Dist.Burdwan


Dated: ___________________________

23

SCHEDULE OF ITEMS, QUANTITIES & RATES

Name of Work : (i) Repairs of roads at officer quarters ofChittaranjan Locomotive Works,Chittaranjan township.


Basic value : Rs.56,81,387 /-

Estimate No. : Revenue Work

Allocation : 02/057/86

(Rates are to be quoted by the Tenderer/s)

Sl.No.

Description of Work Approx.Basic Value

Ratein

Figure andwords.

SCHEDULE ITEMS:

1. Overall percentage increase /decrease over the rates of EasternRailways Unified Standard Scheduleof Rates (Works and Materials)2011 print against all Chapters.

Rs.56,81,387 /-

______%Above / Below

NOTES:

1) Only one percentage increase or decrease is to be quoted.

2) It will be the Contractor’s responsibility to hand over vacantand unoccupied possession of the completed works to Railwaysauthorized representative.

3) Eastern Railways Unified Standard Schedule of Rates (Works andMaterials) 2011 print. may be inspected and seen in the officeof the Chief Engineer/C.L.W/Chittaranjan during office hours onany working day.

4) Items and approx. quantities of Schedule Item of job have beenshown for work if Sl.No.(i) in Annexure – ‘A’ & Sl.No.(ii) inAnnexure –‘B’


Dated: ___________________________

24

ANNEXURE-‘A’


Name of Work : Repairs of roads at officer quarters ofChittaranjan Locomotive Works, Chittaranjantownship.


Estimate No. : Revenue workAllocation : 02/057/86

Sl.No

ItemNo. Description of Job

Approx.Quantit

yUnit Rate in

figure

1 233010 Providing and applying tack coatusing bitumen emulsion (Rapidsetting) complying with IS: 8887-1995, spraying the bitumen emulsionwith mechanically operated sprayunit, cleaning and preparing theexisting road surface as perspecification.

a) 233012 On bituminous surface @ 0.25kg/ sqm 11000 Sqm 16.66

2 233030 Providing and laying 2.5cm premixcarpet surfacing with 2.25Cum and1.12cum of stone chippings of 13.2mmsize and 11.2mm size respectively and180kg of hot bitumen per 100sqm overa tack coat including consolidationwith road roller of 6 to 8tonnecapacity etc. complete (tack coat tobe paid separately.

a) 233032 With paving asphalt 60/ 70 with nosolvent

11000 Sqm 154.42

3 235010 Providing and laying seal coat ofpremixed fine aggregate (passing

11000 Sqm 67.17


Dated: ___________________________

25

2.36mm and retained on 180micronsieve) with bitumen using 128 kg ofbitumen of grade 80/ 100 bitumen and0.60cum of fine aggregate per 100sqmof road surface including rolling andfinishing with road roller allcomplete. Note - This should not beoperated along with Hot mixcarpeting.

4 238010 Providing and laying Dense Bituminousmacadam on prepared surface withspecified graded crushed stoneaggregate for profile correctivebase/ binding course mixing ofstone aggregate, filler and bitumenin hot mix plant, transporting themixed material and laying with paverfinisher fitted with electronicsensing device to the required leveland grade and rolling by road rolleras per specifications, to achieve thedesired density, but excluding thecost of primer I tack coat.

a) 238014 50mm average compacted thickness withbitumen of 60/70 grade @ 3.5% byweight of total mix.

200 Sqm 325.55

5 181020 Demolishing plain cement concreteincluding disposal of material within50m lead

a) 181022 Mix leaner than 1:2:4 with coarseaggregate larger than 20mm

50 cum 276.32

6 021070 Loading/Unloading ballast, kankar,brickbats, stone-chips, shingle,stone boulders, block kankar,pitching stones , rubble stones,laterite, coal, surkhi, dry mortar,sand , moorum, earth, manure orsludge, ashes, limeetc., includinglead up to 50m and stacking into/from

100 Cum 41.23


Dated: ___________________________

26

trucks,trailors or wagons

7 021090 Leading ballast, kankar, brickbats,stone-chips, shingle, stone boulders,block kankar, pitching stones ,rubble stones, laterite, coal,surkhi, dry mortar, sand , moorum,earth, manure or sludge, ashes, lime,debris, muck, malba, etc.. for leadupto 25 km. Note : Lead under thisitem is payable when the same exceeds500 M.

50 Cum 106

8 042020 Centering and shuttering includingstrutting, propping etc. and removalof form for special shapes

a) 042025 Edges of slabs and beams in floorsand walls under 20 cm wide

100 metre 85.3

9 031023 1:2:4 (1 cement : 2 sand : 4 gradedstone aggregate 20mm nominal size)

50 cum 2325.34

10 047020 Providing and filling in position,blown bitumen in expansion joints.

20 per cmdepth/c

mwidth/100mlength

580.87

11 033060 Supply and using cement at worksite :

a) 033061 OPC 43 grade 16 Tonne 7302.5


Dated: ___________________________

27

ANNEXURE-‘B’


Name of Work : Repairs of roads at officer quarters ofChittaranjan Locomotive Works, Chittaranjantownship.


Estimate No. : Revenue work

Allocation : 02/057/86

Sl.No

ItemNo. Description of Job

Approx.Quantit

yUnit Rate in

figure

1 233010 Providing and applying tack coatusing bitumen emulsion (Rapidsetting) complying with IS: 8887-


Dated: ___________________________

28

1995, spraying the bitumen emulsionwith mechanically operated sprayunit, cleaning and preparing theexisting road surface as perspecification.

a) 233012 On bituminous surface @ 0.25kg/ sqm 8800 Sqm 16.66

2 233030 Providing and laying 2.5cm premixcarpet surfacing with 2.25Cum and1.12cum of stone chippings of 13.2mmsize and 11.2mm size respectivelyand 180kg of hot bitumen per 100sqmover a tack coat includingconsolidation with road roller of 6to 8tonne capacity etc. complete(tack coat to be paid separately.

a) 233032 With paving asphalt 60/ 70 with nosolvent

8600 Sqm 154.42

3 235010 Providing and laying seal coat ofpremixed fine aggregate (passing2.36mm and retained on 180micronsieve) with bitumen using 128 kg ofbitumen of grade 80/ 100 bitumen and0.60cum of fine aggregate per 100sqmof road surface including rollingand finishing with road roller allcomplete. Note - This should not beoperated along with Hot mixcarpeting.

8800 Sqm 67.17

4. 234010 2.5 cm thick bitumastic sheet withhot bitumen of approved qualityusing stone chippings (60% 12.5 mmnominal size and 40% 10 mm nominalsize) @ 1.65 cum per 100 sqm andcoarse sand at 1.65 cum per 100 sqmof road surface and with bitumen @56 kg/cum of stone chippings and @128 kg/cum, of sand over a tack coatwith hot straight run bitumenincluding consolidation with roadroller of 8 to 10 tonne etc.


Dated: ___________________________

29

complete, (tack coat to be paidseparately) :

(a)

234013 With refinery modified bitumen CRMB55 conforming to IRC: SR: 53- 1999

2500 Sqm 254.49

5 238010 Providing and laying DenseBituminous macadam on preparedsurface with specified gradedcrushed stone aggregate for profilecorrective base/ binding coursemixing of stone aggregate, fillerand bitumen in hot mix plant,transporting the mixed material andlaying with paver finisher fittedwith electronic sensing device tothe required level and grade androlling by road roller as perspecifications, to achieve thedesired density, but excluding thecost of primer I tack coat

a) 238012 75mm average compacted thicknesswith bitumen of 60/70 grade @ 3.5%by weight of total mix

15 Sqm 488.44

b) 238014 50mm average compacted thicknesswith bitumen of 60/70 grade @ 3.5%by weight of total mix

30 Sqm 325.55

The quantities shown in above Schedule are approximate andare as a guide to give the tenderer(s) an idea of quantum ofwork involved. The Railway reserves the right to increase/decrease and/or delete or include any of the quantities givenabove and no extra rate will be allowed on this account.


Dated: ___________________________

30

I/We undertake to do the work at __________ % above/belowthe Schedule of Rates of the Eastern Railway as applicable toCLW/Chittaranjan or at the rates quoted above for each item.

Dated ______________

Signature of the Tenderer(s)

I / We have gone through all the stipulations at page20 to 26 of the “SCHEDULE OF RATES ” and I / weunderstand that the same are wholly binding on me / usfor the purpose of the present tender / contract.

DETAILS OF STRETCH OF COLONY ROADS PROPOSED FOR REPAIRS


Dated: ___________________________

31

Sl.No.

Location Approx. Length

UNDER JURISDICTION OF COLONY-I

1. Gate No.1 to Qrs. No.D/1 100m2. Rajan Bus Stand to Mihijam House junction 140m3. Indoor Stadium entrance to Ganapati -17 70m4. Office road St No.6 junction to D.V.Girls 80m5. Petrol Pump surrounding 120m

UNDER JURISDICTION OF COLONY-II

1. Gate No. 3 approach to Street No. 24 junction 490 m

2. Over Street No.24 in between CR.14 to RNPR 195m3. Fatehpur Road – TTC Main Gate to Hostel No.1 back. 235m4. WS-I office to Level Crossing 65m5. Level Crossing to Time Office Gate 40m6. Children park surrounding 40m

NOTE: (i) Any other locations to be carpeted as per direction of Competent Authority.

(ii) Levelling Course approximately 750m2 is required to beexecuted. This quantity to be paid separately against itemNo.233030 quantity for which has already been included in this

item.


Dated: ___________________________

32

DETAILS OF BUNGALOW/QUARTERS WHERE SAID REPAIR WORKS

ARE PROPOSED

Sl.No.

Category of Bungalow Bungalow No. TotalNos.

1. Sr.Bungalow A.A. –4,5,6,7,8,9,14A,14,15,17

12

S.A.- 7& 92. Jr.Bungalow A.A. – 1,2,3,18,19,20,21

S.A-2,3,4,5,6,9A,10,11,12,12A,14,15,16G.A.- 16,17,18,19,20

25

4. Type-IV A.A.-15/1 to 15/7, 15/A, 15/B,15/CM.A- 1

11

5. Type-IV/SPL S.A- 18 to 23M.A- 2 to 8

13

NOTE: (i) Any other locations to be carpeted as per direction of Competent Authority.


Dated: ___________________________

33

PART-II(Signature of the Tenderers /Contractor/s)

Dated: ___________________________

34

PART II

STANDARD GENERAL CONDITIONS OF CONTRACT

FOR USE IN CONNECTION WITH WORKS CONTRACTS

DEFINITIONS AND INTERPRETATION

1. (1) Definitions : In these General Conditions ofContract, the following terms shall have the meaning assignedhereunder except where the context otherwise requires :

(a) "Railway" shall mean the President of the Republic ofIndia or the Administrative Officers of the Railway or ofthe Successor Railway authorised to deal with any matterswhich these presents are concerned on his behalf.

(b) "General Manager" shall mean the Officer in-charge of theGeneral Superintendence and Control of the Railway andshall also include the General Manager (Construction) andshall mean and include their successors, of the successorRailway.

(c) "Chief Engineer" shall mean the Officer in-charge of theEngineering Department of Railway and shall also includeChief Engineer (Construction), Chief Signal &Telecommunication Engineer, Chief Signal &Telecommunication Engineer (Construction), ChiefElectrical Engineer, Chief Electrical Engineer


Dated: ___________________________

35

(Construction) and shall mean & include their successors,of the Successor Railway.

(d) "Divisional Railway Manager" shall mean the Officer in-charge of a Division of the Railway and shall mean andinclude the Divisional Railway Manager of the SuccessorRailway.

(e) "Engineer" shall mean the Divisional Engineer or theExecutive Engineer, Divisional Signal & TelecommunicationEngineer, Divisional Signal & Telecommunications Engineer(Construction), Divisional Electrical Engineer,Divisional Electrical Engineer (Construction), inexecutive charge of the works and shall include thesuperior officers of the Engineering, Signal &Telecommunication, and Electrical Departments of Railway,i.e. the Senior Divisional Engineer/Deputy Chief Engineer/ Chief Engineer / Chief Engineer (Construction), SeniorDivisional Signal & Telecommunication Engineer/DeputyChief Signal & Telecommunication Engineer/Chief Signal &Telecommunication Engineer (Construction)/SeniorDivisional Electrical Engineer/Deputy Chief ElectricalEngineer/Chief Electrical Engineer (Construction) andChief Administrative Officer (Construction) and shallmean & include the Engineer of the Successor Railway.

(f) "Engineer's Representative" shall mean the AssistantEngineer, Assistant Signal & Telecommunication Engineerand Assistant Electrical Engineer in direct charge of theworks and shall include any Sr.Section/Junior Engineer ofCivil Engineering/Signal and TelecommunicationEngineering & Electrical Engineering Departmentsappointed by the Railway and shall mean and include theEngineer's Representative of the Successor Railway.

(g) "Contractor" shall mean the Person/Firm/Co-operativeSociety or Company whether incorporated or not who entersinto the contract with the Railway and shall includetheir executors, administrators, successors and permittedassigns.

(h) "Contract" shall mean and include the Agreement of WorkOrder, the accepted Schedule of Rates or the Schedule orRates of Railway modified by the tender percentage for


Dated: ___________________________

36

items of works quantified, or not quantified, the GeneralConditions of Contract, the Special Conditions ofContracts, if any; the Drawing, the Specifications, theSpecial Specifications, if any and Tender Forms, if any.

(i) "Works" shall mean the works to be executed in accordancewith the contract.

(j) "Specifications" shall mean the Standard Specificationsfor Materials &Works of Railway as specified by Railwayunder the authority of the Chief Engineer or asamplified, added to or superseded by SpecialSpecifications, if any.

(k) "Schedule of Rates of Railway" shall mean the Schedule ofRates issued under the authority of the Chief Engineerfrom time to time.

(l) "Drawing" shall mean the maps, drawings, plans andtracings or prints there of annexed to the contract andshall include any modifications of such drawings andfurther drawings as may be issued by the Engineer fromtime to time.

(m) "Constructional Plant" shall mean all appliances orthings of whatsoever nature required for the execution,completion or maintenance of the works or temporary works(as hereinafter defined) but does not include materialsor other things intended to form or forming part of thepermanent work.

(n) "Temporary Works" shall mean all temporary works of everykind required for the execution completion and/ormaintenance of the works.

(o) "Site" shall mean the lands and other places on, under,in or through which the works are to be carried out andany other lands or places provided by the Railway for thepurpose of the contract.

(p) "Period of Maintenance" shall mean the specified periodof maintenance from the date of completion of the works,as certified by the Engineer.


Dated: ___________________________

37

1.(2) Singular and Plural : Words importing the singular numbershall also include the plural and vice versa where the contextrequires.

1.(3) Headings And Marginal Headings : The headings andmarginal headings in these general conditions are solely forthe purpose of facilitating reference and shall not be deemedto be part thereof or be taken into consideration in theinterpretation or construction thereof or the contract.

GENERAL OBLIGATIONS

2. (1)Execution Co-Relation And Intent Of Contract Documents :The contract documents shall be signed in triplicate by theRailway and the Contractor. The contract documents arecomplementary and what is called for by anyone shall be asbinding as if called for by all, the intention of the documentsis to include all labour and materials, equipments andtransportation necessary for proper execution of work.Materials or works not covered by or properly inferable fromany heading or class of the specifications shall not besupplied by the Railway to the contractors unless distinctlyspecified in the contract documents. Materials or worksdescribed in words which so applied have a well-known technicalor trade meaning shall be held to refer to such recognisedstandards.2.(2) If a work is transferred from the jurisdiction of oneRailway to another Railway or to a Project authority or viceversa while contract is in subsistence, the contract shall bebinding on the Contractor and the Successor Railway/Project inthe same manner & take effect in all respects as if theContractor and the Successor Railway/Project were partiesthereto from the inception and the corresponding officer or theCompetent Authority in the Successor Railway/Project willexercise the same powers and enjoy the same authority asconferred to the Predecessor Railway/Project under the originalcontract/agreement entered into.2.(3) If for administrative or other reasons the contract istransferred to the Successor Railway, the contract shall,notwithstanding any things contained herein contrary there to,


Dated: ___________________________

38

be binding on the Contractor and the Successor Railway in thesame manner and take effect in all respects as if theContractor and the Successor Railway had been parties theretofrom the date of this contract.

3.(1) Law Governing The Contract : The contract shall begoverned by the law for the time being in force in the Republicof India. 3.(2) Compliance To Regulations And Bye-Laws : The Contractorshall conform to the provision of any statute relating to theworks and regulations and bye-laws of any local authority andof any water and lighting companies or undertakings, with whosesystem the work is proposed to be connected and shall beforemaking any variation from the drawings or the specificationsthat may be necessitated by so confirming give to the Engineernotice specifying the variation proposed to be made and thereason for making the variation and shall not carry out suchvariation until he has received instructions from the Engineerin respect thereof. The Contractor shall be bound to give allnotices required by statute, regulations or bye-laws asaforesaid and to pay all fees and taxes payable to anyauthority in respect thereof.

4. Communications To Be In Writing : All notices,communications, reference and complaints made by the Railway orthe Engineer or the Engineer's Representative or the Contractorinterse concerning the works shall be in writing and no notice,communication, reference or complaint not in writing shall berecognized.

5. Service Of Notices On Contractors : The Contractor shallfurnish to the Engineer the name, designation and address ofhis authorized agent and all complaints, notices,communications and references shall be deemed to have been dulygiven to the Contractor, if delivered to the Contractor or hisauthorised agent or left at or posted to the address so givenand shall be deemed to have been so given in the case ofposting on day on which they would have reached such address inthe ordinary course of post or on the day on which they were sodelivered or left. In the case of contract by partners, anychange in the constitution of the firm shall be forthwithnotified by the Contractor to the Engineer.


Dated: ___________________________

39

6. Occupation And Use Of Land : No land belonging to or inthe possession of the Railway shall be occupied by theContractor without the permission of the Railway. TheContractor shall not use, or allow to be used, the site for anypurposes other than that of executing the works. Whenever non-railway bodies/persons are permitted to use railway premiseswith competent authority’s approval, conservancy charges asapplicable from time to time may be levied.

7. Assignment Or Subletting Of Contract : The Contractorshall not assign or sublet the contract or any part thereof orallow any person to become interested therein any mannerwhatsoever without the special permission in writing of theRailway. Any breach of this condition shall entitle the Railwayto rescind the contract under Clause 62 of these Conditions andalso render the contractor liable for payment to the Railway inrespect of any loss or damage arising or ensuing from suchcancellation. Provided always that execution of the details ofthe work by petty contractor under the direct and personalsupervision of the Contractor or his agent shall not be deemedto be sub-letting under this clause. The permitted sublettingof work by the Contractor shall not establish any contractualrelationship between the sub-contractor and the Railway andshall not relieve the Contractor of any responsibility underthe Contract.

8. Assistance By Railway For The Stores To Be Obtained ByThe Contractor : Owing to difficulty in obtaining certainmaterials (including Tools & Plant) in the market, the Railwaymay have agreed without any liability therefore to endeavour toobtain or assist the Contractor in obtaining the requiredquantities of such materials as may be specified in the Tender.In the event of delay or failure in obtaining the requiredquantities of the aforesaid material, the Contractor shall notbe deemed absolved of his own responsibility and shall keep intouch with the day to day position regarding their availabilityand accordingly adjust progress of works including employmentof labour and the Railway shall not in any way be liable forthe supply of materials or for the non-supply thereof for anyreasons whatsoever nor for any loss or damage arising inconsequence of such delay or non-supply.


Dated: ___________________________

40

9. Railway Passes : No free Railway passes shall be issuedby the Railway to the Contractor or any of his employee/worker.

10. Carriage Of Materials : No forwarding orders shall beissued by the Railway for the conveyance of Contractor'smaterials, tools and plant by Rail which may be required foruse in the works and the contractor shall pay full freightcharges at public tariff rates therefor.

11. Use Of Ballast Trains : The Railway may agree to allowthe Contractor use of the ballast or material trains under suchconditions as shall be specially prescribed, provided that theContractor shall pay for the use thereof charges calculated atpublic tariff rates on the marked carrying capacity of eachvehicle subject to specified minimum charge per day or part ofday and provided further that the Contractor shall indemnifythe Railway against any claims or damages arising out of theuse or misuse thereof and against any liabilities under theWorkmen's Compensation Act, 1923 or any statutory amendmentsthereto.

12. Representation On Works : The Contractor shall, when heis not personally present on the site of the works place andkeep a responsible agent at the works during working hours whoshall on receiving reasonable notice, present himself to theEngineer and orders given by the Engineer or the Engineer'srepresentative to the agent shall be deemed to have the sameforce as if they had been given to the Contractor. Beforeabsenting himself, the Contractor shall furnish the name andaddress of his agent for the purpose of this clause and failureon the part of the Contractor to comply with this provision atany time will entitle the Railway to rescind the contract underClause 62 of these Conditions.

13. Relics And Treasures : All gold, silver, oil and otherminerals of any description and all precious stones, coins,treasures relics antiquities and other similar things whichshall be found in or upon the site shall be the property of theRailway and the Contractor shall duly preserve the same to thesatisfaction of the Railway and shall from time to time deliverthe same to such person or persons as the Railway may appointto receive the same.


Dated: ___________________________

41

14. Excavated Material : The Contractor shall not sell orotherwise dispose of or remove except for the purpose of thiscontract, the sand, stone, clay ballast, earth, rock or othersubstances or materials which may be obtained from anyexcavation made for the purpose of the works or any building orproduced upon the site at the time of delivery of thepossession thereof but all the substances, materials, buildingsand produce shall be the property of the Railway provided thatthe Contractor may, with the permission of the Engineer, usethe same for the purpose of the works either free of cost orpay the cost of the same at such rates as may be determined bythe Engineer.

15. Indemnity By Contractors : The Contractor shall indemnifyand save harmless the Railway from and against all actions,suit proceedings losses, costs, damages, charges, claims anddemands of every nature and description brought or recoveredagainst the Railways by reason of any act or omission of theContractor, his agents or employees, in the execution of theworks or in his guarding of the same. All sums payable by wayof compensation under any of these conditions shall beconsidered as reasonable compensation to be applied to theactual loss or damage sustained, and whether or not any damageshall have been sustained.

16.(1) Security Deposit : The Earnest Money deposited by theContractor with his tender will be retained by the Railways aspart of security for the due and faithful fulfillment of thecontract by the contractor. The balance to make up the SecurityDeposit, the rates for which are given below, may be depositedby the Contractor in cash or may be recovered by percentagededuction from the Contractor's "on account" bills. Providedalso that in case of defaulting contractor, the Railway mayretain any amount due for payment to the Contractor on thepending "on account bills" so that the amounts so retained maynot exceed 10% of the total value of the contract.

16.(2)Unless otherwise specified in the Special Conditions, ifany, the Security Deposit/rate of recovery/mode of recoveryshall be as under :(a) Security Deposit for each work should be 5% of the

contract value,


Dated: ___________________________

42

(b) The rate of recovery should be at the rate of 10% of thebill amount till the full Security Deposit is recovered,

(c) Security Deposits will be recovered only from the runningbills of the contract and no other mode of collecting SDsuch as SD in the form of instruments like BG (exceptNote (ii) below); FD etc. shall be accepted towardsSecurity Deposit. Security Deposit shall be returned to the contractor

after the expiry of the maintenance period [ also fulfillmentof the condition as has been mentioned under special conditionnumber-(5-b)] in all the cases other than Note (i) mentionedbelow and after passing the final bill based on No ClaimCertificate with the approval of the Competent Authority. TheCompetent Authority shall normally be the authority who iscompetent to sign the contract. If this Competent Authority isof the rank lower than JA Grade, then a JA Grade Officer(concerned with the work) should issue the certificate. Thecertificate, inter alia, should mention that the work has beencompleted in all respects and that all the contractualobligations have been fulfilled by the contractor and thatthere is no due from the contractor to Railways against thecontract concerned. Before releasing the SD, an unconditionaland unequivocal ‘No Claim Certificate’ from the contractorconcerned should be obtained. Note -(i) After the work is physically completed, Security Deposit

recovered from the running bills of a contractor can bereturned to him, if he so desires, in lieu ofFDR/irrevocable Bank Guarantee for equivalent amount tobe submitted by him.

(ii) In case of contracts of value Rs. 50 crore and above,irrevocable Bank Guarantee can also be accepted as a modeof obtaining security deposit.

16.(3)No interest will be payable upon the Earnest Money andSecurity Deposit or amounts payable to the Contractor under theContract, but Government Securities deposited in terms of Sub-Clause (1) of this clause will be payable with interest accruedthereon.


Dated: ___________________________

43

16.(4)Performance GuaranteeThe procedure for obtaining Performance Guarantee is

outlined below :(a) The successful bidder shall have to submit a Performance

Guarantee (PG) within 30 (thirty) days from the date ofissue of Letter Of Acceptance (LOA). Extension of timefor submission of PG beyond 30 (thirty) days and upto 60days from the date of issue of LOA may be given by theAuthority who is competent to sign the contractagreement. However, a penal interest of 15% per annumshall be charged for the delay beyond 30 (thirty) days,i.e. from 31st day after the date of issue of LOA. Incase the contractor fails to submit the requisite PG evenafter 60 days from the date of issue of LOA, thecontract shall be terminated duly forfeiting EMD andother dues, if any payable against that contract. Thefailed contractor shall be debarred from participating inre-tender for that work.

(b) The successful bidder shall submit the PerformanceGuarantee (PG) in any of the following forms, amountingto 5% of the contract value:

(i) A deposit of Cash;(ii) Irrevocable Bank Guarantee;(iii) Government Securities including State Loan Bonds at

5% below the market value;(iv) Deposit Receipts, Pay Orders, Demand Drafts and

Guarantee Bonds. These forms of Performance Guaranteecould be either of the State Bank of India or of any ofthe Nationalized Banks;

(v) Guarantee Bonds executed or Deposits Receipts tendered byall Scheduled Banks;

(vi) A Deposit in the Post Office Saving Bank;(vii)A Deposit in the National Savings Certificates;(viii)Twelve years National Defence Certificates;(ix) Ten years Defence Deposits;(x) National Defence Bonds and


Dated: ___________________________

44

(xi)Unit Trust Certificates at 5% below market value or atthe face value whichever is less. Also, FDR in favour ofFA&CAO (free from any encumbrance) may be accepted.

Note - The instruments as listed above will also beacceptable for Guarantees in case of MobilizationAdvance.

(c) The Performance Guarantee shall be submitted by thesuccessful bidder after the Letter Of Acceptance (LOA)has been issued, but before signing of the contractagreement. This P.G. shall be initially valid upto thestipulated date of completion plus 60 days beyond that.In case, the time for completion of work gets extended,the contractor shall get the validity of P.G. extended tocover such extended time for completion of work plus 60days.

(d) The value of PG to be submitted by the, contractor willnot change for variation upto 25% (either increase ordecrease). In case during the course of execution, valueof the contract increases by more than 25% of theoriginal contract value, an additional PerformanceGuarantee amounting to 5% (five percent) for the excessvalue over the original contract value shall be depositedby the contractor.

(e) The Performance Guarantee (PG) shall be released afterphysical completion of the work based on 'CompletionCertificate' issued by the competent authority statingthat the contractor has completed the work in allrespects satisfactorily. The Security Deposit shall,however, be released only after expiry of the maintenanceperiod and after passing the final bi II based on 'NoClaim Certificate' from the contractor.

(f) Whenever the contract is rescinded, the Security Depositshall be forfeited and the Performance Guarantee shall beencashed. The balance work shall be got doneindependently without risk & cost of the failedcontractor. The failed contractor shall be debarred fromparticipating in the tender for executing the balancework. If the failed contractor is a JV or a Partnershipfirm, then every member/partner of such a firm shall be


Dated: ___________________________

45

debarred from participating in the tender for the balancework in his/her individual capacity or as a partner ofany other JV /partnership firm.

(g) Theengineer shall not make a claim under the PerformanceGuarantee except for amounts to which the President ofIndia is entitled under the contract (not withstandingand/or without prejudice to any other provisions in thecontract agreement) in the event of :

(i)

Failure by the contractor to extend the validity of thePerformance Guarantee as described herein above, in whichevent the Engineer may claim the full amount of thePerformance Guarantee.

(ii)

Failure by the contractor to pay President of India anyamount due, either as agreed by the contractor ordetermined under any of the Clauses/Conditions of theAgreement, within 30 days of the service of notice tothis effect by Engineer.

(iii) TheContract being determined or rescinded under provision ofthe GCC, the Performance Guarantee shall be forfeited infull and shall be absolutely at the disposal of thePresident of India.

{Ref. : Item-l to Railway Board's letter no. 2007/CE.I/CT/18 Pt.XII, dated 31.12.2010}

17.

Force Majeure Clause : If at any time, during thecontinuance of this contract, the performance in whole orin part by either party of any obligation under thiscontract shall be prevented or delayed by reason of anywar, hostility, acts of public enemy, civil commotion,sabotage, serious loss or damage by fire, explosions,epidemics, strikes, lockouts or acts of God (hereinafter,referred to events) provided, notice of the happening of


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any such event is given by either party to the otherwithin 30 days from the date of occurrence thereof,neither party shall by reason of such event, be entitledto terminate this contract nor shall either party haveany claim for damages against the other in respect ofsuch non-performance of delay in performance, and worksunder the contract shall be resumed as soon aspracticable after such event has come to an end or ceasedto exist, and the decision of the Engineer as to whetherthe works have been so resumed or not shall be final andconclusive, PROVIDED FURTHER that if the performance inwhole or in part of any obligation under this contract isprevented or delayed by reason of any such event for aperiod exceeding 120 days, either party may at its optionterminate the contract by giving notice to the otherparty.

17–ASubject to any requirement in the contract as tocompletion of any portions or portions of the worksbefore completion of the whole, the contractor shallfully and finally complete the whole of the workscomprised in the contract (with such modifications as maybe directed under conditions of this contract) by thedate entered in the contract or extended date in terms ofthe following clauses:

(i) If any modifications have been ordered which in theopinion of the Engineer have materially increased themagnitude of the work, then such extension of thecontracted date of completion may be granted as shallappear to the Engineer to be reasonable in thecircumstances, provided moreover that the Contractorshall be responsible for requesting such extension of thedate as may be considered necessary as soon as the causethereof shall arise and in any case not less than onemonth before the expiry of the date fixed for completionof the works.

(ii) If in the opinion of the Engineer, the progress ofwork has any time been delayed by any act or neglect ofRailway's employees or by other contractor employed bythe Railway under Sub-Clause (4) of Clause 20 of theseConditions or in executing the work not forming part of


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the contract but on which contractor's performancenecessarily depends or by reason of proceeding taken orthreatened by or dispute with adjoining or toneighbouring owners or public authority arising otherwisethrough the Contractor's own default etc. or by the delayauthorized by the Engineer pending arbitration or inconsequences of the contractor not having received in duetime necessary instructions from the Railway for which heshall have specially applied in writing to the Engineeror his authorized representative then upon happening ofany such event causing delay, the Contractor shallimmediately give notice thereof in writing to theEngineer within 15 days of such happening, but shallnevertheless make constantly his best endeavours to bringdown or make good the delay and shall do all that may bereasonably required of him to the satisfaction of theEngineer to proceed with the works. The contractor mayalso indicate the period for which the work is likely tobe delayed and shall be bound to ask for necessaryextension of time. The Engineer on receipt of suchrequest from the contractor shall consider the same andshall grant such extension of time as in his opinion isreasonable having regard to the nature and period ofdelay and the type and quantum of work affected thereby.No other compensation shall be payable for works socarried forward to the extended period of time, the samerates, terms and conditions of contract being applicableas if such extended period of time was originallyprovided in the original contract itself.

(iii) In the event of any failure or delay by the Railwayto hand over the Contractor possession of the landsnecessary for the execution of the works or to give thenecessary notice to commence the works or to provide thenecessary drawings or instructions or any other delaycaused by the Railway due to any other cause whatsoever,then such failure or delay shall in no way affect orvitiate the contract or alter the character thereof orentitle the contractor to damages or compensationtherefore, but in any such case, the Railway may grantsuch extension or extensions of the completion date asmay be considered reasonable.


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17-B Extension Of Time For Delay Due To Contractor : The timefor the execution of the work or part of the works specified inthe contract documents shall be deemed to be the essence of thecontract and the works must be completed not later than thedate(s) as specified in the contract. If the contractor failsto complete the works within the time as specified in thecontract for the reasons other than the reasons specified inClause 17 and 17-A, the Railway may, if satisfied that theworks can be completed by the contractor within reasonableshort time thereafter, allow the contractor for furtherextension of time (Performa Annexure-VII) as the Engineer maydecide. On such extension the Railway will be entitled withoutprejudice to any other right and remedy available on thatbehalf, to recover from the contractor as agreed damages andnot by way of penalty a sum equivalent to ½ of 1% of thecontract value of the works for each week or part of the week.

For the purpose of this Clause, the contract value of theworks shall be taken as value of work as per contract agreementincluding any supplementary work order/contract agreementissued. Provided also, that the total amount of liquidateddamages under this condition, shall not exceed the under notedpercentage value or of the total value of the item or groups ofitems of work for which a separate distinct completion periodis specified in the contract.

(i)

For contract value upto 2 lakh

- 10% of total value of thecontract

(ii)

For contracts valuedabove 2 lakh

- 10% of first 2 lakh and 5% ofbalance

Further, competent authority while granting extension tothe currency of contract under Clause 17 (B) of GCC may alsoconsider levy of token penalty, as deemed fit based on themerit of the case.

Provided further, that if the Railway is not satisfiedthat the works can be completed by the Contractor and in theevent of failure on the part of the contractor to complete thework within further extension of time allowed as aforesaid, theRailway shall be entitled without prejudice to any other rightor remedy available in that behalf, to appropriate thecontractor's Security Deposit and rescind the contract under


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Clause 62 of these Conditions, whether or not actual damage iscaused by such default.

18.(1)Illegal Gratification : Any bribe, commission, gift oradvantage given, promised or offered by or on behalf to theContractor or his partner, agent or servant or, anyone on hisbehalf, to any officer or employee of the Railway, or to anyperson on his behalf in relation to obtaining or execution ofthis or any other contract with the Railway shall, in additionto any criminal liability which he may incur, subjectcontractor to the rescission of the contract and all othercontracts with the Railway and to the payment of any loss ordamage resulting from such decision and the Railway shall beentitled to deduct the amounts so payable from any moneys dueto the Contractor(s) under this contract or any other contractswith the Railway.18.(2)The Contractor shall not lend or borrow from or have orenter into any monitory dealings or transactions eitherdirectly or indirectly with any employee of the Railway and ifhe shall do so, the Railway shall be entitled forthwith torescind the contract and all other contracts with the Railway.Any question or dispute as to the commission or any suchoffence or compensation payable to the Railway under thisClause shall be settled by the General Manager of the Railway,in such a manner as he shall consider fit & sufficient and hisdecision shall be final & conclusive. In the event ofrescission of the contract under this Clause, the Contractorwill not be paid any compensation whatsoever except paymentsfor the work done upto the date of rescission.


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EXECUTION OF WORKS

19.(1) Contractor's Understanding : It is understood andagreed that the Contractor has, by careful examination,satisfied himself as to the nature and location of the work,the conformation of the ground, the character, quality andquantity of the materials to be encountered, the character ofequipment and facilities needed preliminary to and during theprogress of the works, the general and local conditions, thelabour conditions prevailing therein and all other matterswhich can in any way affect the works under the contract.

19.(2) Commencement Of Works : The Contractor shall commencethe works within 15 days after the receipt by him of an orderin writing to this effect from the Engineer and shall proceedwith the same with due expedition and without delay

19.(3) Accepted Programme Of Work : The Contractor who hasbeen awarded the work shall as soon as possible but not laterthan 30 days after the date of receipt of the acceptance letterin respect of contracts with initial completion period of twoyears or less or not later than 90 days for other contractshave to submit the detailed programme of work indicating thetime schedule of various items of works in the form of BarChart/PERT/CPM. He shall also submit the details oforganisation (in terms of labour and supervisors) plant andmachinery that he intends to utilize (from time to time) forexecution of the work within stipulated date of completion. Theprogramme of work amended as necessary by discussions with theEngineer, shall be treated as the agreed programme of the workfor the purpose of this contract and the contractor shallendeavour to fulfill this programme of work. The progress ofwork will be watched accordingly and the liquidated damageswill be with reference to the overall completion date. Nothingstated herein shall preclude the contractor in achievingearlier completion of item or whole of the works than indicatedin the programme.


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19.(4) Setting Out Of Works : The Contractor shall beresponsible for the correct setting out of all works inrelation to original points, lines and levels of reference athis cost. The Contractor shall execute the work true toalignment, grade, levels and dimensions as shown in the drawingand as directed by the Engineer's representative and shallcheck these at frequent intervals. The Contractor shall provideall facilities like labour and instruments and shall co-operatewith the Engineer's representative to check all alignment,grades, levels and dimensions. If, at any time, during theprogress of the works any error shall appear or arise in anypart of the work, the Contractor, on being required so to do bythe Engineer's representative shall, at his own cost rectifysuch errors, to the satisfaction of the Engineer'srepresentative. Such checking shall not absolve the Contractorof his own responsibility of maintaining accuracy in the work.The Contractor shall carefully protect and preserve all benchmarks, sight rails, pegs and other things used in setting outthe work.

20.(1) Compliance To Engineers Instructions : The Engineershall direct the order in which the several parts of the worksshall be executed and the Contractor shall execute withoutdelay all orders given by the Engineer from time to time; butthe Contractor shall not be relieved thereby fromresponsibility for the due performance of the works in allrespects.

20.(2)Alterations To Be Authorized : No alterations in oradditions to or omissions or abandonment of any part of theworks shall be deemed authorised, except under instructionsfrom the Engineer, and the Contractor shall be responsible toobtain such instructions in each and every case in writing fromthe Engineer.

20.(3) Extra Works : Should works over and above thoseincluded in the contract require to be executed at the site,the contractor shall have no right to be entrusted with theexecution of such works which may be carried out by anothercontractor or contractors or by other means at the option ofthe Railway.


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20.(4) Separate Contracts In Connection With Works : TheRailway shall have the right to let other contracts inconnection with the works. The Contractor shall afford othercontractors reasonable opportunity for the storage of theirmaterials and the execution of their works and shall properlyconnect and coordinate his work with theirs. If any part of theContractors work depends for proper execution or result uponthe work of another contractor(s), the Contractor shall inspectand promptly report to the Engineer any defects in such worksthat render it unsuitable for such proper execution andresults. The Contractor's failure so-to inspect and reportshall constitute an acceptance of the other contractor's workas fit and proper for the reception of his work, except as todefects which may develop in the other contractor's work afterthe execution of his work.

21. Instruction Of Engineer's Representative : Anyinstructions or approval given by the Engineer's representativeto Contractor in connection with the works shall bind theContractor as though it had been given by the Engineer providedalways as follows:(a) Failure of the Engineer's representative to disapprove

any work or materials shall not prejudice the power ofthe Engineer thereafter to disapprove such work ormaterial and to order the removal or breaking up thereof.

(b) If the Contractor shall be dissatisfied by reason of anydecision of the Engineer's representative, he shall beentitled to refer the matter to the Engineer who shallthere upon confirm or vary such decision.

22.(1) Adherence To Specifications And Drawings : The whole ofthe works shall be executed in perfect conformity with thespecifications and drawings of the contract. If Contractorperforms any works in a manner contrary to the specificationsor drawings or any of them and without such reference to theEngineer, he shall bear all the costs arising or ensuingtherefrom and shall be responsible for all loss to the Railway.


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22.(2) Drawings And Specifications Of The Works : TheContractor shall keep one copy of Drawings and Specificationsat the site, in good order, and such contract documents as maybe necessary, available to the Engineer or the Engineer'sRepresentative.

22.(3) Ownership Of Drawings And Specifications : AllDrawings and Specifications and copies thereof furnished by theRailway to the Contractor are deemed to be the property of theRailway. They shall not be used on other works and with theexception of the signed contract set, shall be returned by theContractor to the Railway on completion of the work ortermination of the Contract.

22.(4) Compliance With Contractor's Request For Details :The Engineer shall furnish with reasonable promptness, afterreceipt by him of the Contractor's request for the same,additional instructions by means of drawings or otherwise,necessary for the proper execution of the works or any partthereof. All such drawings and instructions shall be consistentwith the Contract Documents and reasonably inferable therefrom.

22.(5) Meaning And Intent Of Specification And Drawings :If any ambiguity arises as to the meaning and intent of anyportion of the Specifications and Drawings or as to executionor quality of any work or material, or as to the measurementsof the works the decision of the Engineer thereon shall befinal subject to the appeal (within 7 days of such decisionbeing intimated to the Contractor) to the Chief Engineer whoshall have the power to correct any errors, omissions, ordiscrepancies in aforementioned items and whose decision in thematter in dispute or doubt shall be final and conclusive.

23. Working During Night : The Contractor shall not carry outany work between sun-set and sun-rise without the previouspermission of the Engineer.


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24. Damage To Railway Property Or Private Life And Property :The Contractor shall be responsible for all risk to the workand for trespass and shall make good at his on expense all lossor damage whether to the works themselves or to any otherproperty of the Railway or the lives, persons or property ofothers from whatsoever cause in connection with the works untilthey are taken over by the Railway and this although allreasonable and proper precautions may have been taken by theContractor, and in case the Railway shall be called upon tomake good any costs, loss or damages, or to pay anycompensation, including that payable under the provisions ofthe Workmen's Compensation Act or any statutory amendmentsthereof to any person or persons sustaining damages asaforesaid by reason of any act, or any negligence or omissionson the part of the Contractor; the amount of any costs orcharges including costs and charges in connection with legalproceedings, which the Railway may incur in reference thereto,shall be charged to the Contractor. The Railway shall have thepower and right to pay or to defend or compromise any claim ofthreatened legal proceedings or in anticipation of legalproceedings being instituted consequent on the action ordefault of the Contractor, to take such steps as may beconsidered necessary or desirable to ward off or mitigate theeffect of such proceedings, charging to Contractor, asaforesaid, any sum or sums of money which may be paid and anyexpenses whether for reinstatement or otherwise which may beincurred and the propriety of any such payment, defence orcompromise, and the incurring of any such expenses shall not becalled in question by the Contractor.


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25. Sheds, Stores Houses And Yards : The Contractor shall athis own expense provide himself with sheds, storehouses andyards in such situations and in such numbers as in the opinionof the Engineer is requisite for carrying on the works and theContractor shall keep at each such sheds, store-houses andyards a sufficient quantity of materials and plant in stock asnot to delay the carrying out of the works with due expeditionand the Engineer and the Engineer's representative shall havefree access to the said sheds, store houses and yards at anytime for the purpose of inspecting the stock of materials orplant so kept in hand, and any materials or plant which theEngineer may object to shall not be brought upon or used in theworks, but shall be forthwith removed from the sheds, storehouses or yards by the Contractor. The Contractor shall at hisown expenses provide and maintain suitable mortar mills,soaking vats or any other equipments necessary for theexecution of the works.

26. Provision Of Efficient And Competent Staff At Work SitesBy The Contractor :26.1 The Contractor shall place and keep on the works at alltimes efficient and competent staff to give the necessarydirections to his workmen and to see that they execute theirwork in sound & proper manner and shall employ only suchsupervisors, workmen & labourers in or about the execution ofany of these works as are careful and skilled in the varioustrades. 26.2 The Contractor shall at once remove from the works anyagents, permitted sub-contractor, supervisor, workman orlabourer who shall be objected to by the Engineer and if andwhenever required by the Engineer, he shall submit a correctreturn showing the names of all staff and workmen employed byhim. 26.3 In the event of the Engineer being of the opinion thatthe Contractor is not employing on the works a sufficientnumber of staff and workmen as is necessary for propercompletion of the works within the time prescribed, theContractor shall forthwith on receiving intimation to thiseffect deploy the additional number of staff and labour asspecified by the Engineer within seven days of being so


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required and failure on the part of the Contractor to complywith such instructions will entitle the Railway to rescind thecontract under Clause 62 of these conditions.

26A.Deployment Of Qualified Engineers At Work Sites By TheContractor:26A.1 The contractor shall also employ Qualified GraduateEngineer or Qualified Diploma Holder Engineer, based on valueof contract, as may be prescribed by the Ministry of Railwaysthrough separate instructions from time to time.26A.2 In case the contractor fails to employ the Engineer, asaforesaid in Para 26A.1, he shall be liable to pay penalty atthe rates, as may be prescribed by the Ministry of Railwaysthrough separate instructions from time to time for the defaultperiod for the provisions, as contained in Para 26A.1.26A.3 No. of qualified engineers required to be deployed by theContractor for various activities contained in the workscontract shall be specified in the tender documents as ‘specialcondition of contract’ by the tender inviting authority.”

{Authority : Railway Board’s letter no. 2012/CE-I/CT/O/20, New Delhi, Dated10.05.2013}

27.(1)Workmanship And Testing : The whole of the works and/orsupply of materials specified and provided in the contract orthat may be necessary to be done in order to form and completeany part thereof shall be executed in the best and mostsubstantial workman like manner with materials of the best andmost approved quality of their respective kinds, agreeable tothe particulars contained in or implied by the specificationsand as referred to in and represented by the drawings or insuch other additional particulars, instructions and drawingsmay be found requisite to be given during the carrying on ofthe works and to the entire satisfaction of the Engineeraccording to the instructions and directions which theContractors may from time to time receive from the Engineer.The materials may be subjected to tests by means of suchmachines, instruments and appliances as the Engineer may directand wholly at the expense of the Contractor.


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27.(2)Removal Of Improper Work And Materials : The Engineer orthe Engineer's Representative shall be entitled to orderfrom time to time:

(a) the removal from the site within the time specified inthe order of any materials which in his opinion are notin accordance with the specifications or drawings.

(b) the substitution of proper and suitable materials, and(c) the removal and proper re-execution, notwithstanding any

previous tests thereof or on account payments therefor,of any work which in respect of materials or workmanshipis not in his opinion in accordance with thespecifications and in case of default on the part of theContractor in carrying out such order, the Railway shallbe entitled to rescind the contract under Clause 62 ofthese conditions.

28. Facilities For Inspection : The Contractor shall affordthe Engineer and the Engineer's Representative every facilityfor entering in and upon every portion of the work at all hoursfor the purpose of inspection or otherwise and shall provideall labour, materials, planks, ladders, pumps, appliances andthings of every kind required for the purpose and the Engineerand the Engineer's Representative shall at all times have freeaccess to every part of the works and to all places at whichmaterials for the works are stored or being prepared.

29. Examination Of Work Before Covering Up : The Contractorshall give 7 days’ notice to the Engineer or the Engineer'sRepresentative whenever any work or materials are intended tobe covered up in the earth, in bodies or walls or otherwise tobe placed beyond the reach of measurements in order that thework may be inspected or that correct dimensions may be takenbefore being so covered, placed beyond the reach of measurementin default whereof, the same shall at the option of theEngineer or the Engineer's Representative be uncovered andmeasured at the Contractor's expense or no allowance shall bemade for such work or materials.

30. Temporary Works: All temporary works necessary for theproper execution of the works shall be provided and maintainedby the Contractor and subject to the consent of the Engineer


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shall be removed by him at his expenses when they are no longerrequired and in such manner as the Engineer shall direct. Inthe event of failure on the part of the Contractor to removethe temporary works, the Engineer will cause them to be removedand cost as increased by supervision and other incidentalcharges shall be recovered from the Contractor. If temporaryhuts are provided by the Contractor on the Railway land forlabour engaged by him for the execution of works, thecontractor shall arrange for handing over vacant possession ofthe said land after the work is completed; if the contractor'slabour refuse to vacate, and have to be rejected by theRailway, necessary expenses incurred by the Railway inconnection therewith shall be borne by the Contractor.

31.(1) Contractor To Supply Water For Works : Unlessotherwise provided in the Contract, the Contractor shall beresponsible for the arrangements to obtain supply of waternecessary for the works.

31.(2) Water Supply From Railway System : The Railway maysupply to the Contractor part or whole of the quantity of thewater required for the execution of works from the Railway'sexisting water supply system at or near the site of works onspecified terms and conditions and at such charges as shall bedetermined by the Railway and payable by the Contractor,provided that the Contractor shall arrange, at his own expense,to effect the connections and lay additional pipe lines andaccessories on the site and that the Contractor shall not beentitled to any compensation for interruption of failure of thewater supply.

31.(3) Water Supply By Railway Transport : In the event ofthe Railway arranging supply of water to the Contractor at ornear the site of works by travelling water tanks or othermeans, the freight and other charges incurred thereby,including demurrage charges that may be levied, shall be paidby the Contractor in addition to the charges referred to inSub-Clause (2) of the Clause provided that the contractor shallnot be entitled to any compensation for interruption or failureof the water supply.


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31.(4)(a)Contractor To Arrange Supply Of Electric Power ForWorks : Unless otherwise provided in the contract, theContractor shall be responsible for arrangements to obtainsupply of Electric Power for the works.

(b) Electric Supply From The Railway System : TheRailway may supply to the Contractor part or whole of theelectric power wherever available and possible, required forexecution of works from the Railway's existing electric supplysystems at or near the site of works on specified terms andconditions and such charges as shall be determined by theRailway and payable by the Contractor provided the cost ofarranging necessary connections to the Railway's ElectricSupply systems and laying of underground/overhead conductor,circuit protection, electric power meters, transmissionstructure, shall be borne by the Contractor and that theContractor shall not be entitled to any compensation forinterruption or failure of the Electric supply system.

32. Property In Materials And Plant : The materials and plantbrought by the Contractor upon the site or on the land occupiedby the Contractor in connection with the works and intended tobe used for the execution thereof shall immediately, they arebrought upon the site of the said land, be deemed to be theproperty of the Railway. Such of them as during the progress ofthe works are rejected by the Engineer under Clause 25 of theseconditions or are declared by him not to be needed for theexecution of the works or such as on the grant of thecertificate of completion remain unused shall immediately onsuch rejection, declaration or grant cease to be deemed theproperty of the Railway and the Contractor may then (but notbefore) remove them from the site or the said land. This clauseshall not in any way diminish the liability of the Contractornor shall the Railway be in any way answerable for any loss ordamage which may happen to or in respect of any such materialsor plant either by the same being lost, stolen, injured ordestroyed by fire, tempest or otherwise.

33.(1)Tools, Plant And Materials Supplied By Railway : TheContractor shall take all reasonable care of all tools, plantand materials or other property whether of a like descriptionor not belonging to the Railway and committed to his charge for


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the purpose of the works and shall be responsible for alldamage or loss caused by him, his agents, permittedsubcontractor, or his workmen or others while they are in hischarge. The Contractors shall sign accountable receipts fortools, plants and materials made over to him by the Engineerand on completion of the works shall hand over the unusedbalance of the same to the Engineer in good order and repair,fair wear and tear excepted, and shall be responsible for anyfailure to account for the same or any damage done thereto.

33.(2)Hire Of Railway's Plant : The Railway may hire to theContractor such plant as concrete mixers, compressors andportable engines for use during execution of the works on suchterms as may be specified in the special conditions or in aseparate agreement for Hire of Plant.

34.(1) Precaution During Progress Of Works : During theexecution of works, unless otherwise specified, the Contractorshall at his own cost provide the materials for and execute allshoring, timbering and strutting works as is necessary for thestability and safety of all structures, excavations and worksand shall ensure that no damage, injury or loss is caused orlikely to be caused to any person or property.

34.(2) Roads And Water Courses : Existing roads or watercourses shall not be blocked cut through, altered, diverted orobstructed in any way by the Contractor, except with thepermission of the Engineer. All compensations claimed for anyunauthorized closure, cutting through, alteration, diversion orobstruction to such roads or water courses by the Contractor orhis agent or his staff shall be recoverable from the Contractorby deduction from any sums which may become due to him in termsof contract, or otherwise according to law.

34.(3) Provision Of Access To Premises : During progress ofwork in any street or thoroughfare, the Contractor shall makeadequate provision for the passage of traffic, for securingsafe access to all premises approached from such street orthoroughfare and for any drainage, water supply or means oflighting which may be interrupted by reasons of the executionof the works and shall react and maintain at his own costbarriers, lights and other safeguards as prescribed by the


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Engineer, for the regulation of the traffic, and providewatchmen necessary to prevent accidents. The works shall insuch cases be executed night and day, if so ordered by theEngineer and with such vigour so that the traffic way beimpeded for as short a time as possible.

34.(4) Safety Of Public : The Contractor shall beresponsible to take all precautions to ensure the safety of thepublic whether on public or Railway property and shall postsuch look out men as may, in the opinion of the Engineer, berequired to comply with regulations appertaining to the work.

35. Use Of Explosives : Explosives shall not be used on theworks or on the site by the Contractor without the permissionof the Engineer and then only in the manner and to the extentto which such permission is given. Where explosives arerequired for the works, they shall be stored in a specialmagazine to be provided by and at the cost of the Contractor inaccordance with the Explosive Rules. The Contractor shallobtain the necessary license for the storage and the use ofexplosives and all operations in which or for which explosivesare employed shall be at the sole risk and responsibility ofthe Contractor and the Contractor shall indemnify the Railwayin respect thereof.

36.(1) Suspension Of Works : The Contractor shall on theorder of the Engineer, suspend the progress of the works or anypart thereof for such time or times and in such manner as theEngineer may consider necessary and shall during suchsuspension properly protect and secure the work so far as isnecessary in the opinion of the Engineer. If such suspensionis:(a) Provided for in the contract, or(b) Necessary for the proper execution of the works or by the

reason of weather conditions or by some default on thepart of the Contractor, and or

(c) Necessary for the safety of the works or any partthereof.

36.(2)The Contractor shall not be entitled to the extra costs,if any, incurred by him during the period of suspension of the


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works, but in the event of any suspension ordered by theEngineer for reasons other than aforementioned and when eachsuch period of suspension exceeds 14 days, the Contractor shallbe entitled to such extension of time for completion of theworks as the Engineer may consider proper having regard to theperiod or periods of such suspensions and to such compensationsas the Engineer may consider reasonable in respect of salariesor wages paid by the Contractor to his employees during theperiods of such suspension.

36.(3)Suspension Lasting More Than 3 Months : If the progressof the works or any part thereof is suspended on the order ofthe Engineer for more than three months at a time, theContractor may serve a written notice on the Engineer requiringpermission within 15 days from the receipt thereof to proceedwith the works or that part thereof in regard to which progressis suspended and if such permission is not granted within thattime the Contractor by further written notice so served may,but is not bound to, elect to treat the suspension where itaffects part only of the works as an omission of such part orwhere it affects the whole of the works, as an abandonment ofthe contract by the Railway.

37. Rates For Items Of Works : The rates, entered in theaccepted Schedule of Rates of the Contract are intended toprovide for works duly and properly completed in accordancewith the General and Special (if any) Conditions of theContract and the Specifications and drawings together with suchenlargements, extensions, diminutions, reductions, alterationsor additions as may be ordered in terms of Clause 42 of theseconditions and without prejudice to the generality thereof andshall be deemed to include and cover superintendence andlabour, supply, including full freight of materials, stores,patterns, profiles, moulds, fittings, centrings, scaffolding,shoring props, timber, machinery, barracks, tackle, roads,pegs, posts, tools and all apparatus and plant required on theworks, except such tools, plant or materials as may bespecified in the contract to be supplied to the Contractor bythe Railway, the erection, maintenance and removal of alltemporary works and buildings, all watching, lighting, bailing,


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pumping and draining, all prevention of or compensation fortrespass, all barriers and arrangements for the safety of thepublic or of employees during the execution of works, allsanitary and medical arrangements for labour camps as may beprescribed by the Railway, the setting of all work and of theconstruction, repair and upkeep of all centre lines, benchmarks and level pegs thereon, site clearance, all fees duties,royalties, rent and compensation to owners for surface damageor taxes and impositions payable to local authorities inrespect of land, structures and all material supplied for thework or other duties of expenses for which the Contractor maybecome liable or may be put to under any provision of law forthe purpose of or in connection with the execution of thecontract and all such other incidental charges or contingenciesas may have been specially provided for in the Specifications.

38. Demurrage And Wharfage Dues : Demurrage chargescalculated in accordance with the scale in force for the timebeing on the Railway and incurred by the Contractor failing toload or unload any goods of materials within the time allowedby the Railway for loading as also wharfage charges, ofmaterials not removed in time as also charges due onconsignments booked by or to him shall be paid by theContractor, failing which such charges shall be debited to theContractor's account in the hands of the Railway and shall bededucted from any sums which may become due to him in terms ofthe contracts.

39. (1) Rates For Extra Items Of Works : Any item of workcarried out by the Contractor on the instructions of theEngineer which is not included in the accepted Schedules ofRates shall be executed at the rates set forth in the "Scheduleof Rates of Railway" modified by the tender percentage and suchitems are not contained in the latter, at the rate agreed uponbetween the Engineer and the Contractor before the execution ofsuch items of work and the Contractors shall be bound to notifythe Engineer at least seven days before the necessity arisesfor the execution of such items of works that the acceptedSchedule of Rates does not include rate or rates for the extrawork involved. The rates payable for such items shall bedecided at the meeting to be held between the Engineer andContractor, in as short a period as possible after the need for


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the special item has come to the notice. In case the Contractorfails to attend the meeting after being notified to do so or inthe event of no settlement being arrived at, the Railway shallbe entitled to execute the extra works by other means and theContractor shall have no claim for loss or damage that mayresult from such procedure. 39.(2)Provided that if the Contractor commences work or incursany expenditure in regard thereto before the rates asdetermined and agreed upon as lastly hereuntofore-mentioned,then and in such a case the Contractor shall only be entitledto be paid in respect of the work carried out or expenditureincurred by him prior to the date of determination of the ratesas aforesaid according to the rates as shall be fixed by theEngineer. However, if the Contractor is not satisfied with thedecision of the Engineer in this respect, he may appeal to theChief Engineer within 30 days of getting the decision of theEngineer, supported by analysis of the rates claimed. The ChiefEngineer's decision after hearing both the parties in thematter would be final and binding on the Contractor and theRailway.

40.(1)Handing Over Of Works : The Contractor shall be bound tohand over the works executed under the contract to the Railwaycomplete in all respects to the satisfaction of the Engineer.The Engineer shall determine the date on which the work isconsidered to have been completed, in support of which hiscertificate shall be regarded as sufficient evidence for allpurposes. The Engineer shall determine from time to time, thedate on which any particular section of the work shall havebeen completed, and the contractor shall be bound to observeany such determination of the Engineer.40.(2) Clearance Of Site On Completion : On completion ofthe works, the Contractor shall clear away and remove from thesite all constructional plant, surplus materials, rubbish andtemporary works of every kind and leave the whole of the siteand works clean and in a workman like condition to thesatisfaction of the Engineer. No final payment in settlement ofthe accounts for the works shall be paid, held to be due orshall be made to the, Contractor till, in addition to any othercondition necessary for final payment, site clearance shallhave been affected by him, and such clearance may be made by


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the Engineer at the expense of the Contractor in the event ofhis failure to comply with this provision within 7 days afterreceiving notice to that effect. Should it become necessary forthe Engineer to have the site cleared at the expenses of theContractor, the Railway shall not be held liable for any lossor damage to such of the Contractor's property as may be on thesite and due to such removal there from which removal may beaffected by means of public sales of such materials andproperty or in such a way as deemed fit and convenient to theEngineer.

VARIATIONS IN EXTENT OF CONTRACT

41. Modification To Contract To Be In Writing : In the eventof any of the provisions of the contract requiring to bemodified after the contract documents have been signed, themodifications shall be made in writing and signed by theRailway and the Contractor and no work shall proceed under suchmodifications until this has been done. Any verbal or writtenarrangement abandoning, modifying, extending, reducing orsupplementing the contract or any of the terms thereof shall bedeemed conditional and shall not be binding on the Railwayunless and until the same is incorporated in a formalinstrument and signed by the Railway and the Contractor, andtill then the Railway shall have the right to repudiate sucharrangements.

42.(1)Powers of Modification To Contract : The Engineer onbehalf of the Railway shall be entitled by order in writing toenlarge or extend, diminish or reduce the works or make anyalterations in their design, character position, site,quantities, dimensions or in the method of their execution orin the combination and use of materials for the executionthereof or to order any additional work to be done or any worksnot to be done and the contractor will not be entitled, to anycompensation for any increase/reduction in the quantities ofwork but will be paid only for the actual amount of work doneand for approved materials supplied against a specific order.


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42.(2)(i) Unless otherwise specified in the special conditionsof the contract, the accepted variation in quantity of eachindividual item of the contract would be upto 25% of thequantity originally contracted, except in case of foundationwork. The contractor shall be bound to carry out the work atthe agreed rates and shall not be entitled to any claim or anycompensation whatsoever upto the limit of 25% variation inquantity of individual item of works.

(ii) In case of earthwork, the variation limit of 25%shall apply to the gross quantity of earth work and variationin the quantities of individual classifications of soil shallnot be subject to this limit.

(iii) In case of foundation work, no variation limitshall apply and the work shall be carried out by the contractoron agreed rates irrespective of any variation.

42.(3)Valuation Of Variations : The enlargements, extensions,diminution, reduction, alterations or additions referred to inSub-Clause (2) of this Clause shall in no degree affect thevalidity of the contract; but shall be performed by theContractor as provided therein and be subject to the sameconditions, stipulations and obligations as if they had beenoriginally and expressively included and provided for in theSpecifications and Drawings and the amounts to be paid thereforshall be calculated in accordance with the accepted Schedule ofRates. Any extra items/quantities of work falling outside thepurview of the provisions of Sub-Clause (2) above shall be paidfor at the rates determined under Clause-39 of theseConditions.

42.(4)Variations In Quantities During Execution Of WorksContracts : The procedure detailed below shall be adopted fordealing with variations in quantities during execution of workscontracts:1. Individual NS items in contracts shall be operated with

variation of plus or minus 25% and payment would be madeas per the agreement rate. For this, no financeconcurrence would be required.

2. In case an increase in quantity of an individual item bymore than 25% of the agreement quantity is considered


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unavoidable, the same shall be got executed by floating afresh tender. If floating a fresh tender for operatingthat item is considered not practicable, quantity of thatitem may be operated in excess of 125% of the agreementquantity subject to the following conditions:

(a) Operation of an item by more than 125% of the agreementquantity needs the approval of an officer of the rank notless than S.A. Grade;

(i)Quantities operated in excess of 125% but upto 140% ofthe agreement quantity of the concerned item, shall bepaid at 98% of the rate awarded for that item in thatparticular tender;

(ii) Quantities operated in excess of 140% but upto 150%of the agreement quantity of the concerned item shall bepaid at 96% of the rate awarded for that item in thatparticular tender;

(iii) Variation in quantities of individual items beyond150% will be prohibited and would be permitted only inexceptional unavoidable circumstances with theconcurrence of associate finance and shall be paid at 96%of the rate awarded for that item in that particulartender.

(b) The variation in quantities as per the above formulawill apply only to the Individual items of the contractand not on the overall contract value.

(c) Execution of quantities beyond 150% of the overallagreemental value should not be permitted and, if foundnecessary, should be only through fresh tenders or bynegotiating with existing contractor, with prior personalconcurrence of FA&CAO / FA&CAO(C) and approval of GeneralManager.

3. In cases where decrease is involved during execution ofcontract:

(a)The contract signing authority can decrease the itemsupto 25% of individual item without finance concurrence.

(b) For decrease beyond 25% for individual items or 25%of contract agreement value, the approval of an officernot less than rank of S.A. Grade may be taken, after


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obtaining 'No Claim Certificate' from the contractor andwith finance concurrence, giving detailed reasons foreach such decrease in the quantities.

(c) It should be certified that the work proposed to bereduced will not be required in the same work.

4. The limit for varying quantities for minor value itemsshall be 100% (as against 25% prescribed for otheritems). A minor value item for this purpose is defined asan item whose original agreement value is less than 1 %of the total original agreement value.

5. No such quantity variation limit shall apply forfoundation items.

6. As far as SOR items are concerned, the limit of 25% wouldapply to the value of SOR schedule as a whole and not onindividual SOR items. However, in case of NS items, the

limit of 25% would apply on the individual itemsirrespective of the manner of quoting the rate (singlepercentage rate or individual item rate).

7. For the tenders accepted at Zonal Railways level,variations in the quantities will be approved by theauthority in whose powers revised value of the agreementlies.

8. For tenders accepted by General Manager, variations upto125% of the original agreement value may be accepted byGeneral Manager.

9. For tenders accepted by Board Members and RailwayMinisters, variations upto 110% of the original agreementvalue may be accepted by General Manager.

10. The aspect of vitiation of tender with respect tovariation in quantities should be checked and avoided. Incase of vitiation of the tender (both for increase aswell as decrease of value of contract agreement),sanction of the competent authority as per single tendershould be obtained.

{Authority : (1) Item-9 to Railway Board's letter no. 2007/CE-IICT/18, Dated28.09.07 and (2) Item-2 to Railway Board’s letter no. 2007/CE.IICT/18/Pt.XII, Dated31.12.10}


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CLAIMS

43.(1) Monthly Statement Of Claims : The Contractor shallprepare and furnish to the Engineer once in every month anaccount giving full and detailed particulars of all claims forany additional expenses to which the Contractor may considerhimself entitled to and of all extra or additional worksordered by the Engineer which he has executed during thepreceding month and no claim for payment for and such work willbe considered which has not been included in such particulars.43.(2)Signing Of "No Claim" Certificate : The Contractor shallnot be entitled to make any claim whatsoever against theRailway under or by virtue of or arising out of this contract,nor shall the Railway entertain or consider any such claim, ifmade by the Contractor, after he shall have signed a "No Claim"Certificate in favour of the Railway in such form as shall berequired by the Railway after the works are finally measuredup. The Contactor shall be debarred from disputing thecorrectness of the items covered by "No Claim" Certificate ordemanding a clearance to arbitration in respect thereof.

MEASUREMENTS, CERTIFICATES AND PAYMENTS

44. Quantities In Schedule Annexed To Contract : Thequantities set out in the accepted Schedule of Rates with itemsof works quantified are the estimated quantities of the worksand they shall not be taken as the actual and correctquantities of the work to be executed by the Contractor infulfillment of his obligations under the contract.

45. Measurement Of Works : The Contractor shall be paid forthe works at the rates in the accepted Schedule of Rates andfor extra works at rates determined under Clause 39 of theseConditions on the measurements taken by the Engineer or theEngineer's representative in accordance with the rulesprescribed for the purpose by the Railway. The quantities foritems the unit of which in the accepted Schedule of Rates is100 or 1000 shall be calculated to the nearest whole number,any fraction below half being dropped and half and above being


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taken as one; for items the unit of which in the acceptedSchedule of Rates is single, the quantities shall be calculatedto two places of decimals. Such measurements will be taken ofthe work in progress from time to time and at such intervals asin the opinion of the Engineer shall be proper having regard tothe progress of works. The date and time on which ‘on account’or ‘final’ measurements are to be made shall be communicated tothe Contractor who shall be present at the site and shall signthe results of the measurements (which shall also be signed bythe Engineer or the Engineer's representative) recorded in theofficial measurements book as an acknowledgement of hisacceptance of the accuracy of the measurements. Failing theContractor's attendance, the work may be measured up in hisabsence and such measurements shall, notwithstanding suchabsence, be binding upon the Contractor whether or not he shallhave signed the measurement books provided always that anyobjection made by him to measurement shall be duly investigatedand considered in the manner set out below:(a) It shall be open to the Contractor to take specific

objection to any recorded measurements or Classificationon any ground within seven days of the date of suchmeasurements. Any re-measurement taken by the Engineer orthe Engineer's representative in the presence of theContractor or in his absence after due notice has beengiven to him in consequence of objection made by theContractor shall be final and binding on the Contractorand no claim whatsoever shall thereafter be entertainedregarding the accuracy and classification of themeasurements.

(b) If an objection raised by the Contractor is found by theEngineer to be incorrect the Contractor shall be liableto pay the actual expenses incurred in measurements.

46.(1)"On-Account " Payments : The Contractor shall be entitledto be paid from time to time by way of "On-Account" paymentonly for such works as in the opinion of the Engineer he hasexecuted in terms of the contract. All payments due on theEngineer's or the Engineer's Representative's certificates ofmeasurements shall be subject to any deductions which may bemade under these presents and shall further be subject to,unless otherwise required by Clause 16 of these Conditions, a


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retention of ten percent by way of Security Deposits, until theamount of Security Deposit by way of retained earnest money andsuch retentions shall amount to 10% of the total value of thecontract provided always that the Engineer may by anycertificate make any correction or modification in any previouscertificate which shall have been issued by him and that theEngineer may withhold any certificate, if the works or any partthereof are not being carried out to his satisfaction.

46.(2)Rounding Off Amounts : The total amount due on eachcertificate shall be rounded off to the nearest rupee, i.e. sumless than 50 paise shall be omitted and sums of 50 paise andmore upto Rs.1 will be reckoned as Rs. 1.

46.(3)On Account Payments Not Prejudicial To Final Settlement :"On-Account" payments made to the Contractor shall be withoutprejudice to the final making up of the accounts (except wheremeasurements are specifically noted in the Measurement Book as"Final Measurements" and as such have been signed by theContractor) and shall in no respect be considered or used asevidence of any facts stated in or to be inferred from suchaccounts nor of any particular quantity of work having beenexecuted nor of the manner of its execution being satisfactory.46.(4)Manner Of Payment : Unless otherwise specified paymentsto the Contractor will be made by cheque; but no cheque will beissued for and amount less than Rs.100.

46A. Price Variation Clause (PVC) : Applicable as the value ofthe tender is more than 50 lakhs.

{Authority : Railway Board’s letters no. 2007/CE-I/CT/18/Pt.19, dated 14.12.12 and07.05.13}

47. Maintenance Of Works : The Contractor shall at all timesduring the progress and continuance of the works and also forthe period of maintenance specified in the Tender Form afterthe date of passing of the certificate of completion by theEngineer or any other earlier date subsequent to the completionof the works that may be fixed by the Engineer be responsiblefor and effectively maintain and uphold in good substantial,sound and perfect condition all and every part of the works and


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shall make good from time to time and at all times as often asthe Engineer shall require, any damage or defect that mayduring the above period arise in or be discovered or be in anyway connected with the works, provided that such damage ordefect is not directly caused by errors in the contractdocuments, act of providence or insurrection or civil riot, andthe Contractor shall be liable for and shall pay and make goodto the Railway or other persons legally entitled theretowhenever required by the Engineer so to do, all losses,damages, costs and expenses they or any of them may incur or beput or be liable to by reasons or in consequence of theoperations of the Contractor or of his failure in any respect.

48.(1)Certificate Of Completion Of Works : As soon as in theopinion of the Engineer, the work has been completed and hassatisfactorily passed any final test or tests that may beprescribed, the Engineer shall issue a certificate ofcompletion duly indicating the date of completion in respect ofthe work and the period of maintenance of the work shallcommence from the date of completion mentioned in suchcertificate. The Engineer may also issue such a certificateindicating date of completion with respect to any part of thework (before the completion of the whole of work), which hasbeen both completed to the satisfaction of the Engineer andoccupied or used by the Railway. When any such certificate isgiven in respect of part of a work, such part shall beconsidered as completed and the period of maintenance of suchpart shall commence from the date of completion mentioned inthe completion certificate issued for that part of the work.

{Authority : Railway Board’s letter no.2010/CE-I/CT/11, Dated 11.06.2010}

48.(2)Contractor Not Absolved By Completion Certificate : TheCertificate of Completion in respect of the works referred toin Sub-Clause (1) of this Clause shall not absolve theContractor from his liability to make good any defectsimperfections, shrinkages or faults which may appear during theperiod of maintenance specified in the tender arising in theopinion of the Engineer from materials or workmanship not inaccordance with the drawings or specifications or instructionof the Engineer, which defects, imperfections, shrinkages orfaults shall upon the direction in writing of the Engineer be


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amended and made good by the Contractor at his own cost; and incase of default on the part of Contractor, the Engineer mayemploy labour and materials or appoint another Contractor toamend and make good such defects, imperfections, shrinkages andfaults and all expenses consequent thereon and incidentalthereto shall be borne by the Contractor and shall berecoverable from any moneys due to him under the contract.

49. Approval Only By Maintenance Certificate : No certificateother than maintenance certificate referred to in Clause 50 ofthe Conditions shall be deemed to constitute approval of anywork or other matter in respect of which it is issued or shallbe taken as an admission of the due performance of the contractor any part thereof or of the accuracy of any claim or demandmade by the Contractor or of additional varied work having beenordered by the Engineer nor shall any other certificateconclude or prejudice any of the powers of the Engineer.

50.(1)Maintenance Certificate : The Contract shall not beconsidered as completed until a Maintenance Certificate shallhave been signed by the Engineer stating that the works havebeen completed and maintained to his satisfaction. Themaintenance Certificate shall be given by the Engineer upon theexpiration of the period of maintenance or as soon thereafteras any works ordered during such period pursuant to Sub Clause(2) to Clause 48 of these Conditions shall have been completedto the satisfaction of the Engineer and full effect shall begiven to this Clause notwithstanding the taking possession ofor using the works or any part thereof by the Railway.

50.(2)Cessation Of Railway’s Liability : The Railway shall notbe liable to the Contractor for any matter arising out of or inconnection with the contract of the execution of the worksunless the Contractor shall have made a claim in writing inrespect thereof before the issue of the Maintenance Certificateunder this clause.

50.(3)Unfulfilled Obligations : Notwithstanding the issue ofthe Maintenance Certificate the Contractor and (subject to Sub-Clause (2) of this Clause) the Railway shall remain liable forthe fulfillment of any obligation incurred under the provisionof the contract prior to the issue of the Maintenance


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Certificate which remains unperformed at the time suchcertificate is issued and for the purposes of determining thenature and extent of any such obligations, the contract shallbe deemed to remain in force between the parties thereto.

51.(1) Final Payment : On the Engineer's certificate ofcompletion in respect of the works, adjustment shall be madeand the balance of account based on the Engineer or theEngineer's representative's certified measurements of the totalquantity of work executed by the Contractor upto the date ofcompletion and on the accepted schedule or rates and for extraworks on rates determined under Clause 39 of these Conditionsshall be paid to the Contractor subject always to any deductionwhich may be made under these presents and further subject tothe Contractor having delivered to the Engineer either a fullaccount in detail of all claims he may have on the Railway inrespect of the works or having delivered "No Claim Certificate”and the Engineer having after the receipt of such account givena certificate in writing that such claims are correct, that thewhole of the works to be done under the provisions of theContracts have been completed, that they have been inspected byhim since their completion and found to be in good andsubstantial order, that all properties, works and things,removed, disturbed or injured in consequence of the works havebeen properly replaced and made good and all expenses anddemands incurred by or made upon the Railway for or in therespect of damage or loss by from or in consequence of theworks, have been satisfied agreeably and in conformity with thecontract.

51.(2) Post Payment Audit : It is an agreed term of contractthat the Railway reserves to itself the right to carry out apost-payment audit and or technical examination of the worksand the final bill including all supporting vouchers, abstractsetc. and to make a claim on the contractor for the refund anyexcess amount paid to him, if as a result of such examinationany over-payment to him is discovered to have been made inrespect of any works done or alleged to have been done by himunder the contract.

51-A. Production Of Vouchers Etc. By The Contractor :


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(i) For a contract of more than one crore of rupees, thecontractor shall, whenever required, produce or causeto be produced for examination by the Engineer anyquotation, invoice, cost or other account, book ofaccounts, voucher, receipt, letter, memorandum, paperof writing or any copy of or extract from any suchdocument and also furnish information and returnsverified in such manner as may be required in any wayrelating to the execution of this contract or relevantfor verifying or ascertaining cost of execution ofthis contract (the decision of the Engineer on thequestion of relevancy of any documents, information orreturn being final and binding in the parties). Thecontractor shall similarly produce vouchers etc., ifrequired to prove to the Engineer, that materialssupplied by him, are in accordance with thespecifications laid down in the contract.

(ii) If any portion of the work in a contract of valuemore than one crore of rupees be carried out by a sub-contractor or any subsidiary or allied firm or company(as per Clause 7 of the General Conditions of Contract),the Engineer shall have power to secure the books of suchsub-contract or any subsidiary or allied firm or company,through the contractor, and such books shall be open tohis inspection.

(iii) The obligations imposed by Sub Clause (i) & (ii)above is without prejudice to the obligations of thecontractor under any statute rules or orders binding onthe contractor.

52. Withholding And Lien In Respect Of Sums Claimed :Whenever any claim or claims for payment of a sum of moneyarises out of or under the contract against the contractor, theRailway shall be entitled to withhold and also have a lien toretain such sum or sums in whole or in part from the security,if any, deposited by the contractor and for the purposeaforesaid, the Railway shall be entitled to withhold the saidcash Security Deposit or the Security if any, furnished as thecase may be and also have a lien over the same pending


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finalization or adjudication of any such claim. In the event ofthe security being insufficient to cover the claimed amount oramounts or if no security has been taken from the contractor,the Railway shall be entitled to withhold and have a lien tothe extent of the such claimed amount or amounts referred tosupra, from any sum or sums found payable or which at any timethereafter may become payable to the contractor under the samecontract or any other contract with this or any other Railwayor any Department of the Central Government pendingfinalization or adjudication of any such claim.

It is an agreed term of the contract that the sum ofmoney or moneys so withheld or retained under the lien referredto above, by the Railway will be kept withheld or retained assuch by the Railways till the claim arising out of or under thecontract is determined by the arbitrator (if the contractgoverned by the Arbitration Clause) or by the competent courtas the case may be and that the contractor will have no claimfor interest or damages whatsoever on any account in respect ofsuch withholding or retention under the lien referred to supraand duly notified as such to the contractor. For the purpose ofthis clause, where the contractor is a partnership firm or alimited company, the Railway shall be entitled to withhold andalso have a lien to retain towards such claimed amount oramounts in whole or in part from any sum found payable to anypartner / limited company, as the case may be whether in hisindividual capacity or otherwise.

52-A Lien In Respect Of Claims In Other Contracts :(i) Any sum of money due and payable to the contractor

(including the Security Deposit returnable to him) underthe contract may be withheld or retained by way of lienby the Railway, against any claim of this or any otherRailway or any other Department of the Central Governmentin respect of payment of a sum of money arising out of orunder any other contract made by the contractor with thisor any other Department of the Central Government.

(ii) However, recovery of claims of Railway in regard toterminated contracts may be made from the Final Bills,


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Security Deposits and Performance Guarantees of othercontract or contracts, executed by the contractor. ThePerformance Guarantees submitted by the Contractoragainst other contracts, if required, may be withheld andencashed. In addition, 10% of each subsequent ‘on-accountbill’ may be withheld, if required, for recovery ofRailway’s dues against the terminated contract.

{Authority : Railway Board’s letter no. 2010/CE-I(Spl.)/CT/41, Dated 25.04.2011}

(iii) It is an agreed term of the contract that the sum ofmoney so withheld or retained under this Clause by theRailway will be kept withheld or retained as such by theRailway till the claim arising out of or under any othercontract is either mutually settled or determined byarbitration, if the other contract is governed byArbitration Clause or by the competent court as the casemay be and contractor shall have no claim for interest ordamages whatsoever on this account or on any other groundin respect of any sum of money withheld or retained underthis Clause and duly notified as such to the contractor.

53. Signature On Receipts For Amounts : Every receipt formoney which may become payable or for any security which maybecome transferable to the Contractors under these presents,shall, if signed in the partnership name by anyone of thepartners of a Contractor's firm be a good and sufficientdischarge to the Railway in respect of the moneys or securitypurported to be acknowledged thereby and in the event of deathof any of the Contractor, partners during the pendency of thecontract, it is hereby expressly agreed that every receipt byanyone of the surviving Contractor partners shall if so signedas aforesaid be good and sufficient discharge as aforesaidprovided that nothing in this Clause contained shall be deemedto prejudice or effect any claim which the Railway mayhereafter have against the legal representative of anycontractor partner so dying for or in respect to any breach ofany of the conditions of the contract, provided also thatnothing in this clause contained shall be deemed to prejudiceor effect the respective rights or obligations of theContractor partners and of the legal representatives of anydeceased Contractor partners interse.


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LABOUR

54. Wages To Labour : The Contractor shall be responsible toensure compliance with the provision of the Minimum Wages Act,1948 (hereinafter referred to as the “said Act” and the Rulesmade thereunder in respect of any employees directly or throughpetty contractors or sub-contractors employed by him on roadconstruction or in building operations or in stone breaking orstone crushing for the purpose of carrying out this contract.

If, in compliance with the terms of the contract, theContractor supplied any labour to be used wholly or partlyunder the direct orders and control of the Railways whether inconnection with any work being executed by the Contractor orotherwise for the purpose of the Railway such labour shall, forthe purpose of this Clause, still be deemed to be personsemployed by the Contractor.

If any moneys shall, as a result of any claim orapplication made under the said Act be directed to be paid bythe Railway, such money shall be deemed to be moneys payable tothe Railway by the Contractor and on failure by the Contractorto repay the Railway any moneys paid by it as aforesaid withinseven days after the same shall have been demanded, theRailways shall be entitled to recover the same from any moneysdue or accruing to the contractor under this or any otherContract with the Railways.

54-A. Apprentices Act : The Contractor shall be responsible toensure compliance with the provisions of the Apprentices Act,1961 and the Rules and Orders issued thereunder from time totime in respect of apprentices directly or through pettycontractors or sub-contractors employed by him for the purposeof carrying out the Contract.

If the contractor directly or through petty contractorsor sub-contractors fails to do so, his failure will be a breachof the contract and the Railway may, in its discretion, rescindthe contract. The contractor shall also be liable for anypecuniary liability arising on account of any violation of theprovisions of the Act.Note: The contractors are required to engage apprentices when

the works undertaken by them last for a period of one


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year or more and/or the cost of works is rupees one lakhor more.

55. Provisions Of Payments Of Wages Act : The Contractorshall comply with the provisions of the Payment of Wages Act,1936 and the rules made thereunder in respect of all employeesdirectly or through petty contractors or sub-contractorsemployed by him in the works. If in compliance with the termsof the contract, the Contractor directly or through pettycontractors or sub-contractors shall supply any labour to beused wholly or partly under the direct orders and control ofthe Engineer whether in connection with the works to beexecuted hereunder or otherwise for the purpose of theEngineer, such labour shall never the less be deemed tocomprise persons employed by the contractor and any moneyswhich may be ordered to be paid by the Engineer shall be deemedto be moneys payable by the Engineer on behalf of theContractor and the Engineer may on failure of the Contractor torepay such money to the Railways deduct the same from anymoneys due to the Contractor in terms of the contract. TheRailway shall be entitled to deduct from any moneys due to thecontractor (whether under this contract or any other contract)all moneys paid or payable by the Railway by way ofcompensation of aforesaid or for costs of expenses inconnection with any claim thereto and the decision of theEngineer upon any question arising out of the effect or forceof this Clause shall be final and binding upon the Contractor.

55-A.Provisions Of Contract Labour (Regulation And Abolition)Act, 1970 :55-A.(1) The Contractor shall comply with the provision of thecontract labour (Regulation and Abolition) Act, 1970 and theContract labour (Regulation and Abolition) Central Rules 1971as modified from time to time, wherever applicable and shallalso indemnify the Railway from and against any claims underthe aforesaid Act and the Rules.55-A.(2) The Contractor shall obtain a valid licenseunder the aforesaid Act as modified from time to time beforethe commencement of the work and continue to have a validlicense until the completion of the work. Any failure tofulfill the requirement shall attract the penal provision of


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the Contract arising out of the resultant non-execution of thework.55-A.(3) The Contractor shall pay to the labour employed byhim directly or through subcontractors the wages as perprovision of the aforesaid Act and the Rules whereverapplicable. The Contractor shall notwithstanding the provisionsof the contract to the contrary, cause to be paid the wages tolabour indirectly engaged on the works including any engaged bysub-contractors in connection with the said work, as if thelabour had been immediately employed by him.

55-A.(4) In respect of all labour directly or indirectlyemployed in the work for performance of the contractor's partof the contract, the Contractor shall comply with or cause tobe complied with the provisions of the aforesaid Act and Ruleswherever applicable.55-A.(5) In every case in which, by virtue of theprovisions of the aforesaid Act or the Rules, the Railway isobliged to pay any amount of wages to a workman employed by theContractor or his sub-contractor in execution of the work or toincur any expenditure on account of the Contingent, liabilityof the Railway due to the contractor's failure to fulfill hisstatutory obligations under the aforesaid Act or the rules, theRailway will recover from the Contractor, the amount of wagesso paid or the amount of expenditure so incurred and withoutprejudice to the rights of the Railway under the Section 20,Sub-Section (2) and Section 2, Sub-Section (4) of the aforesaidAct, the Railway shall be at liberty to recover such amount orpart thereof by deducting it from the Security Deposit and/orfrom any sum due by the Railway to the contractor whether underthe contract or otherwise. The Railway shall not be bound tocontest any claim made against it under Sub-Section (1) ofSection 20 and Sub-Section (4) of Section 21 of the aforesaidAct except on the written request of the Contractor and uponhis giving to the Railway full security for all costs for whichthe Railway might become liable in contesting such claim. Thedecision of the Railway regarding the amount actuallyrecoverable from the contractor as stated above shall be finaland binding on the Contractor.


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55-B. Provisions of Employees Provident Fund and MiscellaneousProvisions Act, 1952 :

The Contractor shall comply with the provisions of Para 30 &36-B of the Employees Provident Fund Scheme, 1952; Para 3 & 4of Employees’ Pension Scheme, 1995; and Para 7 & 8 of EmployeesDeposit Linked Insurance Scheme, 1976; as modified from time totime through enactment of ”Employees Provident Fund &Miscellaneous Provisions Act, 1952”, wherever applicable andshall also indemnify the Railway from and against any claimsunder the aforesaid Act and the Rules.

{Authority : Railway Board’s letter no. 2012/CE-I/CT/O/22,dated 14.12.2012}

55-C. Implementation of “The Building and Other ConstructionWorkers (Regulation of Employment andConditions of Service) Act, 1966” and “The Building andother Construction Workers’ Welfare Cess Act, 1996”:

The tenderers for carrying out any construction work must getthemselves registered from the Registering Officer underSection -7 of the “Building and Other Construction Workers’Act, 1996” and rules made thereto by the concerned StateGovernment and submit certificate of Registration issued fromthe Registering Officer of the concerned State Government(Labour department). As per this Act, the tenderer shall belevied a cess @ 1% of cost of construction work, which would bededucted from each bill. Cost of Material, when supplied undera separate schedule item, shall be outside the purview of cess”{Authority : Railway Board’s Circular no. 2008/CE-I/CT/6, dated

29.11.2013}

56. Reporting Of Accidents To Labour : The Contractor shallbe responsible for the safety of all employees directly orthrough petty contractors or sub-contractor employed by him onthe works and shall report serious accidents to any of themhowever and wherever occurring on the works to the Engineer orthe Engineers Representative and shall make every arrangementsto render all possible assistance.

57. Provision Of Workmen’s Compensation Act : In every casein which by virtue of the provisions of Section 12 Sub-Section


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(1) of the Workmen's Compensation Act 1923, Railway is obligedto pay compensation to a workman directly or through pettycontractor or subcontractor employed by the Contractor inexecuting the work, Railway will recover from the Contractorthe amount of the compensation so paid, and, without prejudiceto the rights of Railway under Section 12 Sub-section (2) ofthe said Act, Railway shall be at liberty to recover suchamount or any part thereof by deducting it from the SecurityDeposit or from any sum due by Railway to the Contractorwhether under these conditions or otherwise, Railway shall notbe bound to contest any claim made against it under Section 12Sub-Section (1) of the said Act except on the written requestof the Contractor and upon his giving to Railway full securityfor all costs for which Railway might become liable inconsequence of contesting such claim.

57-A. Provision Of Mines Act : The Contractor shall observe andperform all the provisions of the Mines Act, 1952 or anystatutory modifications or re-enactment thereof for the timebeing in force and any rules and regulations made thereunder inrespect of all the persons directly or through the pettycontractors or sub-contractors employed by him under thiscontract and shall indemnify the Railway from and against anyclaims under the Mines Act, or the rules and regulations framedthereunder, by or on behalf of any persons employed by him orotherwise.

58. Railway Not To Provide Quarters For Contractors : Noquarters shall normally be provided by the Railway for theaccommodation of the Contractor or any of his staff employed onthe work. In exceptional cases where accommodation is providedto the Contractor at the Railway's discretion, recoveries shallbe made at such rates as may be fixed by the Railway for thefull rent of the buildings and equipments therein as well ascharges for electric current, water supply and conservancy.

59.(1) Labour Camps : The Contractor shall at his ownexpense make adequate arrangements for the housing, supply ofdrinking water and provision of latrines and urinals for hisstaff and workmen, directly or through the petty contractors orsub-contractors and for temporary creche (Bal-mandir) where 50or more women are employed at a time. Suitable sites on Railway


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land, if available, may be allotted to the Contractor for theerection of labour camps, either free of charge or on suchterms and conditions that may be prescribed by the Railway. Allcamp sites shall be maintained in clean and sanitary conditionsby the Contractor at his own cost.

59.(2)Compliance To Rules For Employment Of Labour : TheContractor(s) shall conform to all laws, bye-laws rules andregulations for the time being in force pertaining to theemployment of local or imported labour and shall take allnecessary precautions to ensure and preserve the health andsafety of all staff employed directly or through pettyContractors or Sub-Contractors on the works.

59.(3)Preservation Of Peace : The Contractor shall takerequisite precautions and use his best endeavours to preventany riotous or unlawful behaviour by or amongst his workmen andother employed directly or through the petty contractors orsub-contractors on the works and for the preservation of peaceand protection of the inhabitants and security of property inthe neighbourhood of the works. In the event of the Railwayrequiring the maintenance of a special Police Force at or inthe vicinity of the site during the tenure of works, theexpenses thereof shall be borne by the Contractor and if paidby the Railway shall be recoverable from the Contractor.

59.(4)Sanitary Arrangements : The Contractor shall obey allsanitary rules and carry out all sanitary measures that mayfrom time to time be prescribed by the Railway MedicalAuthority and permit inspection of all sanitary arrangements atall times by the Engineer, the Engineer's Representative or theMedical Staff of the Railway. Should the Contractor fail tomake the adequate sanitary arrangements, these will be providedby the Railway and the cost therefore recovered from theContractor.

59.(5) Outbreak Of Infectious Disease : The Contractor shallremove from his camp such labour and their families as refuseprotective inoculation and vaccination when called upon to doso by the Engineer or the Engineer's Representative on theadvice of the Railway, Medical Authority. Should Cholera,plague, or other infectious disease break out, the Contractor


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shall burn the huts, beddings, clothes and other belongings ofor used by the infected parties and promptly erect new huts onhealthy sites as required by the Engineer, failing which withinthe time specified in the Engineer's requisition, the work maybe done by the Railway and the cost therefore recovered fromthe Contractor.

59.(6) Treatment Of Contractor's Staff In RailwayHospitals : The Contractor and his staff, other than labourersand their families requiring medical aid from the RailwayHospital and dispensaries will be treated as private patientsand charged accordingly. The Contractors' labourers and theirFamilies will be granted free treatment in Railway Hospitalsand dispensaries where no other Hospitals or dispensaries areavailable provided the Contractor pays the cost of medicines,dressing and diet money according to the normal scale andadditional charges for special examinations such aspathological and bacteriological examination, X-Ray, etc. andfor surgical operation.

59.(7) Medical Facilities At Site : The Contractor shallprovide medical facilities at the site as may be prescribed bythe Engineer on the advice of the Railway Medical Authority inrelation to the strength of the Contractor's resident staff andworkmen.

59.(8) Use Of Intoxicants : The sale of ardent spirits orother intoxicating beverages upon the work or in any of thebuildings, encampments or tenements owned, occupied by orwithin the control of the Contractor or any of his employeesshall be forbidden and the Contractor shall exercise hisinfluence and authority to the utmost extent to secure strictcompliance with this condition.

59.(9) Non-Employment Of Female Labour : The Contractor shallsee that the employment of female labour on/in Cantonmentareas, particularly in the neighbourhood of soldiers barracks,should be avoided as far as possible.

59.(10) Restrictions On The Employment Of Retired Engineers OfRailway Services Within Two Years Of Their Retirement : TheContractor shall not, if he is a retired Government Engineer of


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Gazetted rank, himself engage in or employ or associate aretired Government Engineer of Gazetted rank, who has notcompleted two years from the date of retirement, in connectionwith this contract in any manner whatsoever without obtainingprior permission of the President and if the Contractor isfound to have contravened this provision it will constitute abreach of contract and administration will be entitled toterminate the contract at the risk and cost of the contractorand forfeit his Security Deposit.

60.(1) Non-Employment Of Labourers Below The Age Of 15 : TheContractor shall not employ children below the age of 15 aslabourers directly or through petty contractors or sub-contractors for the execution of work.

60.(2) Medical Certificate Of Fitness For Labour : It isagreed that the contractor shall not employ a person above 15and below 19 years of age for the purpose of execution of workunder the contract unless a medical certificate of fitness inthe prescribed form (Proforma at Annexure-VIII) granted to himby a certifying surgeon certifying that he is fit to work as anadult, is obtained and kept in the custody of the contractor ora person nominated by him in this behalf and the person carrieswith him, while at work; a token giving a reference to suchcertificate. It is further agreed that the responsibility forhaving the adolescent examined medically at the time ofappointment or periodically till he attains the age of 19 yearsshall devolve entirely on the contractor and all the expensesto be incurred on this account shall be borne by him and no feeshall be charged from the adolescent or his parent for suchmedical examination.

60.(3)Period Of Validity Of Medical Fitness Certificate : Acertificate of fitness granted or renewed for the above saidpurposes shall be valid only for a period of one year at atime. The certifying surgeon shall revoke a certificate grantedor renewed if in his opinion the holder of it is, no longer fitfor work in the capacity stated therein. Where a certifyingsurgeon refuses to grant or renew a certificate or revoke acertificate, he shall, if so required by the person concerned,state his reasons in writing for doing so.


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60.(4)Medical Re-Examination Of Labourer : Where any officialappointed in this behalf by the Ministry of Labour is of theopinion that any person employed in connection with theexecution of any work under this contract in the age group 15to 19 years is without a certificate of fitness or is having acertificate of fitness but no longer fit to work in thecapacity stated in the certificate, he may serve on theContractor, or on the person nominated by him in this regard, anotice requiring that such persons shall be examined by acertifying surgeon and such person shall not if the concernedofficial so directs, be employed or permitted to do any workunder this contract unless he has been medically examined andcertified that he has been granted a certificate of fitness ora fresh certificate of fitness, as the case may be.

EXPLANATIONS :(1) Only Qualified Medical Practitioners can be appointed as

"Certifying Surgeons" and the term "Qualified MedicalPractitioners" means a person holding a qualificationgranted by an authority specified in the Schedule to theIndian Medical Degrees Act, 1916 (VII to 1916) or in theSchedule to the Indian Medical Council Act, 1933 (XXVII)of 1933.

(2) The Certifying surgeon may be a medical officer in theservice of State or Municipal Corporation.

DETERMINATION OF CONTRACT

61.(1) Right Of Railway To Determine The Contract : TheRailway shall be entitled to determine and terminate thecontract at any time should, in the Railway's opinion, thecessation of work becomes necessary owing to paucity of fundsor from any other cause whatever, in which case the value ofapproved materials at site and of work done to date by theContractor will be paid for in full at the rate specified inthe contract. Notice in writing from the Railway of suchdetermination and the reasons therefor shall be conclusiveevidence thereof.


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61.(2)Payment On Determination Of Contract : Should thecontract be determined under sub clause (1) of this clause andthe Contractor claims payment for expenditure incurred by himin the expectation of completing the whole of the work, theRailways shall admit and consider such claims as are deemedreasonable and are supported by vouchers to the satisfaction ofthe Engineer. The Railway's decision on the necessity andpropriety of such expenditure shall be final and conclusive.

61.(3)The Contractor shall have no claim to any payment ofcompensation or otherwise, howsoever on account of any profitor advantage which he might have derived from the execution ofthe work in full but which he did not derive in consequence ofdetermination of contract.

62.(1) Determination Of Contract Owing To Default OfContractor : If the Contractor should:(i) Becomes bankrupt or insolvent, or(ii) Make an arrangement with of assignment in favour of his

creditors, or agree to carry out the contract under aCommittee of Inspection of his creditors, or

(iii) Being a Company or Corporation, go into liquidation(other than a voluntary liquidation for the purposes ofamalgamation or reconstruction), or

(iv) Have an execution levied on his goods or property on theworks, or

(v) Assign the contract or any part thereof otherwise than asprovided in Clause 7 of these Conditions, or

(vi) Abandon the contract, or(vii) Persistently disregard the instructions of the

Engineer, or contravene any provision of the contract, or(viii) Fail to adhere to the agreed programme of work by a

margin of 10% of the stipulated period, or (ix) Fail to remove materials from the site or to pull

down and replace work after receiving from the Engineernotice to the effect that the said materials or workshave been condemned or rejected under Clause 25 and 27 ofthese Conditions, or


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(x) Fail to take steps to employ competent or additionalstaff and labour as required under Clause 26 of theConditions, or

(xi) Fail to afford the Engineer or Engineer's representativeproper facilities for inspecting the works or any partthereof as required under Clause 28 of the Conditions, or

(xii) Promise, offer or give any bribe, commission, gift oradvantage either himself or through his partner, agent orservant to any officer or employee of the Railway or toany person on his or on their behalf in relation to theexecution of this or any other contract with thisRailway.

(xiii) (A) At any time after the tender relating to thecontract, has been signed and submitted by theContractor, being a partnership firm admit as one ofits partners or employee under it or being anincorporated company elect or nominate or allow toact as one of its directors or employee under it inany capacity whatsoever any retired engineer of thegazetted rank or any other retired gazetted officerworking before his retirement, whether in theexecutive or administrative capacity, or whetherholding any pensionable post or not, in the Railwaysfor the time being owned and administered by thePresident of India before the expiry of two yearsfrom the date of retirement from the said service ofsuch Engineer or Officer unless such Engineer orOfficer has obtained permission from the President ofIndia or any officer duly authorized by him in thisbehalf to become a partner or a director or to takeemployment under the contract as the case may be, or

(B) Fail to give at the time of submitting the saidtender :(a) The correct information as to the date of

retirement of such retired engineer or retiredofficer from the said service, or as to whetherany such retired engineer or retired officer wasunder the employment of the Contractor at thetime of submitting the said tender, or


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(b) The correct information as to suchengineers or officers obtaining permission totake employment under the Contractor, or

(c) Being a partnership firm, the correctinformation as to, whether any of its partnerswas such a retired engineer or a retired officer,or

(d) Being in incorporated company, correctinformation as to whether any of its directorswas such a retired engineer or a retired officer,or

(e) Being such a retired engineer or retired officersuppress and not disclose at the time ofsubmitting the said tender the fact of his beingsuch a retired engineer or a retired officer ormake at the time of submitting the said tender awrong statement in relation to his obtainingpermission to take the contract or if theContractor be a partnership firm or anincorporated company to be a partner or directorof such firm or company as the case may be or toseek employment under the Contractor.

Then and in any of the said Clause, the Engineer onbehalf of the Railway may serve the Contractor with a notice(Proforma at Annexure-IX) in writing to that effect and if theContractor does not within seven days after the delivery to himof such notice proceed to make good his default in so far asthe same is capable of being made good and carry on the work orcomply with such directions as aforesaid of the entiresatisfaction of the Engineer, the Railway shall be entitledafter giving 48 hours’ notice (Proforma at Annexure-X) inwriting under the hand of the Engineer to rescind the contractas a whole or in part or parts (as may be specified in suchnotice) and after expiry of 48 hours’ notice, a finaltermination notice (Proforma at Annexure-XI) should be issuedand adopt either or both of the following courses :(x) To carry out the whole or part of the work from which the

contractor has been removed by the employment of therequired labour and materials, the costs of which shall


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include lead, lift, freight, supervision and allincidental charges.

(y) To measure up the whole or part of the work from whichthe contractor has been removed and get it completed byanother contractor, the manner and method in which suchwork is completed shall be in the entire discretion ofthe Engineer whose decision shall be final :And in both cases (x) and (y) mentioned above, the

Railway shall be entitled (i) to forfeit the whole or suchportion of the Security Deposit as it may consider fit, and(ii) to recover from the Contractor the cost of carrying outthe work in excess of the sum which would have been payableaccording to the certificate of the Engineer to the Contractor,if the works had been carried out by the Contractor under theterms of the contract, such certificate being final and bindingupon the contractor, provided, however, that such recoveryshall be made only when the cost incurred in excess is morethan the Security Deposit proposed to be forfeited and shall belimited to the amount by which the cost incurred in excessexceeds the Security Deposit proposed to be forfeited. Theamount, thus, to be forfeited or recovered may be deducted fromany moneys then due or which at any time thereafter may becomedue to the Contractor by the Railway under this or any otherContract or otherwise.

Provided always that in any case in which any of powerconferred upon the Railway by Sub Clause (1) of Clause 62hereof shall have become exercisable and the same shall not beexercised, the non-exercise thereof shall not constitute awaiver of any of the conditions thereof and such powers shallnot withstanding be exercisable in the event of any future caseof default by the contractor for which his liability for pastand future shall remain unaffected.

62.(2) Right Of Railway After Rescission Of Contract OwingTo Default Of Contractor : In the event of any or several ofthe courses, referred to in Sub-Clause (1) of this Clause,being adopted :(a) The Contractor shall have no claim to compensation for any

loss sustained by him by reason of his having purchasedor procured any materials or entered into any commitments


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or made any advances on account of or with a view to theexecution of the works or the performance of the contractand Contractor shall not be entitled to recover or bepaid any sum for any work thereto for actually performedunder the contract unless and until the Engineer shallhave certified the performance of such work and the valuepayable in respect thereof and the Contractor shall onlybe entitled to be paid the value so certified.

(b) The Engineer or the Engineer's Representative shall beentitled to take possession of any materials, tools,implements, machinery and buildings on the works or onthe property on which these are being or ought to havebeen executed, and to retain and employ the same in thefurther execution of the works or any part thereof untilthe completion of the works without the Contractor beingentitled to any compensation for the use and employmentthereof or for wear and tear or destruction thereof.

(c) The Engineer shall as soon as may be practicable afterremoval of the Contractor fix and determine ex-parte orby or after reference to the parties or after suchinvestigation or enquiries as he may consider fit to makeor institute and shall certify what amount (if any) hadat the time of rescission of the contract been reasonablyearned by or would reasonably accrue to the Contractor inrespect of the work then actually done by him under thecontract and what was the value of any unused, orpartially used materials, any constructional plant andany temporary works upon the site. The legitimate amountdue to the contractor after making necessary deductionsand certified by the Engineer should be releasedexpeditiously.

SETTLEMENT OF DISPUTES – INDIAN RAILWAY ARBITRATION RULES

63. Matters Finally Determined By The Railway : All disputesand differences of any kind whatsoever arising out of or inconnection with the contract, whether during the progress ofthe work or after its completion and whether before or afterthe determination of the contract, shall be referred by thecontractor to the GM and the GM shall, within 120 days afterreceipt of the contractor’s representation, make and notify


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decisions on all matters referred to by the contractor inwriting provided that matters for which provision has been madein Clauses 8, 18, 22(5), 39, 43(2), 45(a), 55, 55-A(5), 57,57A,61(1), 61(2) and 62(1) to (xiii)(B) of General Conditionsof Contract or in any Clause of the Special Conditions of theContract shall be deemed as ‘excepted matters’ (matters notarbitrable)and decisions of the Railway authority, thereonshall be final and binding on the contractor; provided furtherthat ‘excepted matters’ shall stand specifically excluded fromthe purview of the Arbitration Clause.

64.(1)Demand For Arbitration :64.(1)(i) - In the event of any dispute or differencebetween the parties hereto as to the construction or operationof this contract, or the respective rights and liabilities ofthe parties on any matter in question, dispute or difference onany account or as to the withholding by the Railway of anycertificate to which the contractor may claim to be entitledto, or if the Railway fails to make a decision within 120 days,then and in any such case, but except in any of the “exceptedmatters” referred to in Clause 63 of these Conditions, thecontractor, after 120 days but within 180 days of hispresenting his final claim on disputed matters shall demand inwriting that the dispute or difference be referred toarbitration.

64.(1)(ii) - The demand for arbitration shall specify thematters which are in question, or subject of the dispute ordifference as also the amount of claim item-wise. Only suchdispute(s)or difference(s) in respect of which the demand hasbeen made, together with counter claims or set off, given bythe Railway, shall be referred to arbitration and other mattersshall not be included in the reference.

64.(1) (iii)- (a) The Arbitration proceedings shall beassumed to have commenced from the day, a writtenand valid demand for arbitration is received by theRailway.

(b) The claimant shall submit his claim stating thefacts supporting the claims alongwith all therelevant documents and the relief or remedy sought


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against each claim within a period of 30 days fromthe date of appointment of the Arbitral Tribunal.

(c)The Railway shall submit its defence statement andcounter claim(s), if any, within a period of 60days of receipt of copy of claims from Tribunalthereafter, unless otherwise extension has beengranted by Tribunal.

(d) Place of Arbitration : The place of arbitrationwould be within the geographical limits of theDivision of the Railway where the cause of actionarose or the Headquarters of the concerned Railwayor any other place with the written consent of boththe parties.

64.(1) (iv) - No new claim shall be added during proceedingsby either party. However, a party may amend or supplement theoriginal claim or defence thereof during the course ofarbitration proceedings subject to acceptance by Tribunalhaving due regard to the delay in making it.

64.(1) (v) - If the contractor(s) does/do not preferhis/their specific and final claims in writing, within a periodof 90 days of receiving the intimation from the Railways thatthe final bill is ready for payment, he/they will be deemed tohave waived his/their claim(s) and the Railway shall bedischarged and released of all liabilities under the contractin respect of these claims.

64.(2)Obligation During Pendency Of Arbitration : Work underthe contract shall, unless otherwise directed by the Engineer,continue during the arbitration proceedings, and no payment dueor payable by the Railway shall be withheld on account of suchproceedings, provided, however, it shall be open for ArbitralTribunal to consider and decide whether or not such work shouldcontinue during arbitration proceedings.

64.(3)Appointment of Arbitrator : 64.(3)(a)(i) - In cases where the total value of all claims inquestion added together does not exceed Rs. 25,00,000 (Rupeestwenty five lakh


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only), the Arbitral Tribunal shall consist of a SoleArbitrator who shall be a Gazetted Officer of Railway not belowJA Grade, nominated by the General Manager. The sole arbitratorshall be appointed within 60 days from the day when a writtenand valid demand for arbitration is received by GM.

64.(3)(a)(ii) - In cases not covered by the Clause 64(3)(a)(i),the Arbitral Tribunal shall consist of a Panel of threeGazetted Railway Officers not below JA Grade or 2 RailwayGazetted Officers not below JA Grade and a retired RailwayOfficer, retired not below the rank of SAG Officer, as thearbitrators. For this purpose, the Railway will send a panel ofmore than 3 names of Gazetted Railway Officers of one or moredepartments of the Railway which may also include the name(s)of retired Railway Officer(s) empanelled to work as RailwayArbitrator to the contractor within 60 days from the day when awritten and valid demand for arbitration is received by the GM.

Contractor will be asked to suggest to General Manager atleast 2 names out of the panel for appointment as contractor’snominee within 30 days from the date of dispatch of the requestby Railway. The General Manager shall appoint at least one outof them as the contractor’s nominee and will, alsosimultaneously appoint the balance number of arbitrators eitherfrom the panel or from outside the panel, duly indicating the‘presiding arbitrator’ from amongst the 3 arbitrators soappointed. GM shall complete this exercise of appointing theArbitral Tribunal within 30 days from the receipt of the namesof contractor’s nominees. While nominating the arbitrators, itwill be necessary to ensure that one of them is from theAccounts Department. An officer of Selection Grade of theAccounts Department shall be considered of equal status to theofficers in SA grade of other departments of the Railway forthe purpose of appointment of arbitrator.

64.(3) (a)(iii) - If one or more of the arbitratorsappointed as above refuses to act as arbitrator, withdraws fromhis office as arbitrator, or vacates his/their office/officesor is/are unable or unwilling to perform his functions asarbitrator for any reason whatsoever or dies or in the opinionof the General Manager fails to act without undue delay, theGeneral Manager shall appoint new arbitrator/arbitrators to act


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in his/their place in the same manner in which the earlierarbitrator/arbitrators had been appointed. Such re-constitutedTribunal may, at its discretion, proceed with the referencefrom the stage at which it was left by the previous arbitrator(s).

64.(3)(a)(iv) - The Arbitral Tribunal shall have power to callfor such evidence by way of affidavits or otherwise as theArbitral Tribunal shall think proper, and it shall be the dutyof the parties hereto to do or cause to be done all such thingsas may be necessary to enable the Arbitral Tribunal to make theaward without any delay. The Arbitral Tribunal should recordday to-day proceedings. The proceedings shall normally beconducted on the basis of documents and written statements.

64.(3) (a)(v) - While appointing arbitrator(s) under Sub-Clause (i), (ii) & (iii) above, due care shall be taken thathe/they is/are not the one/those who had an opportunity to dealwith the matters to which the contract relates or who in thecourse of his/their duties as Railway servant(s) expressedviews on all or any of the matters under dispute ordifferences. The proceedings of the Arbitral Tribunal or theaward made by such Tribunal will, however, not be invalidmerely for the reason that one or more arbitrator had, in thecourse of his service, opportunity to deal with the matters towhich the contract relates or who in the course of his/theirduties expressed views on all or any of the matters underdispute.

64.(3) (b)(i) - The arbitral award shall state item wise,the sum and reasons upon which it is based. The analysis andreasons shall be detailed enough so that the award could beinferred therefrom.

64.(3) (b)(ii) - A party may apply for corrections of anycomputational errors, any typographical or clerical errors orany other error of similar nature occurring in the award of aTribunal and interpretation of a specific point of award toTribunal within 60 days of receipt of the award.

64.(3) (b)(iii) - A party may apply to Tribunal within 60days of receipt of award to make an additional award as to


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claims presented in the arbitral proceedings but omitted fromthe arbitral award.

64.(4) In case of the Tribunal, comprising of three Members,any ruling on award shall be made by a majority of Members ofTribunal. In the absence of such a majority, the views of thePresiding Arbitrator shall prevail.

64.(5) Where the arbitral award is for the payment of money,no interest shall be payable on whole or any part of the moneyfor any period till the date on which the award is made.

64.(6)The cost of arbitration shall be borne by the respectiveparties. The cost shall inter-alia include fee of thearbitrator(s), as per the rates fixed by Railway Board fromtime to time and the fee shall be borne equally by both theparties. Further, the fee payable to the arbitrator(s) would begoverned by the instructions issued on the subject by RailwayBoard from time to time irrespective of the fact whether thearbitrator(s) is/are appointed by the Railway Administration orby the court of law unless specifically directed by Hon’blecourt otherwise on the matter.

64.(7)Subject to the provisions of the aforesaid Arbitrationand Conciliation Act 1996 and the rules there under and anystatutory modifications thereof shall apply to the arbitrationproceedings under this Clause.

JOINT VENTURE (JV) FIRMS IN WORKS TENDERS

65. Participation Of Joint Venture (JV) Firms In Works Tender:

Not applicable for this tender.

This Clause shall be applicable for works tenders of value asapproved and communicated by Railway Board from time to time.

{Authority : Railway Board’s letter no. 2002/CE-I/CT/37, Dated 07.09.2011}


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I / We have gone through all the stipulations in Para 1 to 65at page 30 to 80 of the “STANDARD CONDITIONS OF CONTRACT ” andI / we understand that the same are wholly binding on me / usfor the purpose of the present tender / contract.

SUPPLEMENTARY SPECIAL CONDITIONS OF CONTRACT & SPECIALSPECIFICATION

Name of work-

(i) Repairs of roads at officer quarters of ChittaranjanLocomotive Works, Chittaranjan township.


1. APPLICABILITY OF CONDITIONS & SPECIFICATIONS :

(a) The conditions and specifications provided herein are inaddition to the conditions and specifications contained, (i) inthe Eastern Railway Engineering Department General Conditionsof Contract 2013 print including upto date corrections slipsand Standard specifications on which the Schedule of rates isbased 2011 print including its upto date correction slips and(ii) in the Special Conditions of Contract, attached hereto.

(b) Wherever any conditions or any specification providedherein is at variance or is conflicting with any conditions orwith any specification contained in the said General Conditionsof Contract, referred to in para 1(a) above, the condition andthe specification provided herein shall prevail and shall applyto the present contract.

2. COMPLETION PERIOD OF THE WORKS :

The works shall have to complete in all respects within aperiod of 05 (Five) months from the date of issue of the letterof acceptance of the Tender by the Railway to the contractor.


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3. CONTRACTOR’S LIABILITY TO ACCEPT & EXECUTION PART ALLOTMENT OFWORKS:

It should be clearly understood by the Tendered that theRailway reserves its right to divide any allot the works forexecution to more than one tenderer as may be considerednecessary and may be convenient to the Railway for the interestof the works. In the event of such decision by the Railway theTenderer can not decline to accept such part allotment of theworks and he shall be liable to execute the same. Theconditions and specifications applicable to the contract forallotment of full quantum or works shall fully and equallyapply to the contracts for allotment of part works.

4. SPECIFICATIONS FOR THE WORKS:Complete job to be carried out as per specifications.Details of items have already been mentioned in Annexure“A” & “B”.

5. GUARANTEE FOR THE WORKS DONE:

(a) The works done by the contractor must be guaranteed by himfor a period of 03 (three) years after the certified dateof completion. The contractor during the progress of theworks and in the period of Guarantee shall be responsibleand shall effectively upkeep and up-hold the attendedroads in very good, substantial, sound and perfectcondition at his own cost and arrangements all and everypart of the works and shall make good time to time and atall times as often the Engineer shall require, any defect,damage, imperfection, shrinkage & fault that any arise inor be discovered or be in any way connected with the worksprovided that such damage or defect is not directly causedby act or providence or insurrection of Civil right andthe Contractor shall be liable for and shall pay and makegood to the Railway or other person legally entitledthereto wherever required by the Engineer so to do, alllosses, damages, costs and expenses they or any of themmay incur or be put or be entitled to by reasons or inconsequence of the operations of the Contractor or of hisfailure in any respect. The guarantee to be furnished to


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the Railway by the Contractor should be as per the form,attached herewith.

(b) For the purpose of fulfillment of vide Clause 5(a) abovethe Contractor should keep the Security Deposit Money withthe Railway till end of Guarantee Period. The said amountshall become refundable to the contractor on expiry of theguarantee period of 03 (three) years provided thecontractor has fulfilled his obligations under theguarantee furnished.

6. TIME SHALL BE THE ESSENCE OF THE CONTRACT:

The time for completion of the works as detailed in Clause2 above shall be deemed of be the Essence of the Contract.In case of failure by the Contractor to complete the workswithin the time specified the Railway shall be entitled torecover as contained and liquidated damages as per Clause17(4) of the General Conditions of Contract.

7. SAFETY AND PRECAUTIONS DURING EXECUTION OF THE WORKS:

While executing the works the contractor should takeeffective precautions to ensure safety in all respect.

8. MANNER OF EXECUTION OF THE WORKS:

The contractor should plan and execute the works in suchmatter so that no inconvenience is caused to the occupantsof the building. The contractor should notify to theoccupant well ahead of the date of his taking up theworks.

9. SOURCE OF PROGRAMME OF MATERIALS – VERIFICATION OF:

The contractor must produce to the Engineer the originaldocuments relating to the procurement of the materialrequired for the works for his verification.


Dated: ___________________________

100

10. TESTING OF THE MATERIALS PROCURED FOR USE ON THE WORKS:

The Railway reserves its right to collect samples of thematerials so procured and/or used by the contractor on theworks at random and get them tested from Government / anyrecognized test laboratories as may be convenient to theRailway and decided by the Engineer. The cost and chargesfor carrying out the tests shall have to be borne by thecontractor. The waterproofing works done should be withmaterials conforming truly to latest I. S. Specifications.

11. THE RATES QUOTED SHOULD BE ALL INCLUSIVE:

The rates quoted for the job in the Schedule must beinclusive of Taxes of any nature and description, charges,levies, lead, lift, descent, handling, loading, unloading,cutting and mending grooves and chases in walls forhousing felt ends, cleaning the roof surfaces disposal orrubbish etc. as detailed in Clause-5 herein above inaddition to the cost of labour and materials except thecost of cement only. The Railway shall pay nothing extraover and above the rates quoted for the job.

The contractor should ensure procurement of materials tobe used for tarfelting work conforming to I. S.Specification from the recognized manufacturer/dealer.Test certificates for quality material and I.S.recognition certificate of manufacturing may also besubmitted with sample at the time of material testing.


Dated: ___________________________

101

G U A R A N T E E

Sub: (i) Repairs of roads at officer quarters of Chittaranjan Locomotive Works, Chittaranjan township.

(ii) Repair of colony roads at Chittaranjan LocomotiveWorks, Chittaranjan Township.

Ref: Contract Agreement No.__________________ dated____________.

-o-o-o-I/We,___________________________________________________

of_____________________________________________________________________ do hereby Guarantee to the President of India actingthrough the Chief Engineer, Chittaranjan Locomotive Works,Chittaranjan to execute the work ensuring the quality in such away to ensure that the attended roads by me/us against theabove mentioned Contract Agreement remain in very good & sound


Dated: ___________________________

102

condition as per related specifications for a period of 03(three) years with effect from the certified date of completionof the works. My/Our responsibility under this Guarantee isrestricted to attend the road as per laid down procedure &specifications in case of any defect, damage, imperfection,shrinkage & fault in the attended road which may becomeapparent during the period of Guarantee, within 07 (seven) daysof receipt of intimation from the Chittaranjan LocomotiveWorks. I/We am/are, however, not responsible for damage to theroad caused on account of wash out, accident, road cutting onRailway Administration need, earthquakes & act or providence orinsurrection of Civil right. In case of my/our failure toattend to and repair such defects within seven days of receiptof such intimation, the Chittaranjan Locomotive Works shallhave the right and be entitled to employ labour and materialsor charges, any other Contractor for repairing and making goodthe defects, damages, imperfections, shrinkage and faults andall expenses incurred by the CLW therefore and incidentalcharges thereto shall be recoverable from any money due and/orshall become due to me/us against the above noted or any otherContract.

In witness whereof I/We, the party hereto-set my/our handsto these present this day of ___________________________.

(Signature of theContractor/Tenderer/s)

In the presence to:1.__________________N A M E :______________________________ Address :______________________________2. _________________N A M E : ______________________________ Address :______________________________

ANNEXURE – “C”


Dated: ___________________________

103

The following documents should be specified for submission along with Tender

(a) List of personnel, organization available on hand and proposedto be engaged for the subject work.

(b) List of Plant & Machinery available on hand (own) and proposedto be inducted (own and hired to be given separately) for thesubject work.

(c) List of works on hand indicating description of work, contractvalue, approximate value of balance work yet to be done and date ofaward.

Note:

(1) In case of items (c) and (d) above, supportive documents /certificates from the organization with whom they worked / areworking should be enclosed.

(2) Certificates from private individuals for whom such works areexecuted / being executed should not be accepted.

End of Document


Dated: ___________________________

104

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