General Conditions of Contract July 2014 22-07-14

8/16/2019 General Conditions of Contract July 2014 22-07-14

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Hkkjr ljdkj Government Of India

jsy ea=ky; Ministry Of Railways

¼jsyos cksMZ½ (Railway Board)

Indian Railways

Standard

General Conditions Of Contract

July 2014

New el!i

Engineering Department


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Indian Railways Standard General Conditions Of Contract

As On 30th June 2014 Pae 1

Indian Railways

STANDARD GENERAL CONDITIONS OF CONTRACT

JULY 2014

I N D E X

PART - I

REGULATIONS FOR TENDERS AND CONTRACTS

Para Subjec Pa!e

I"#e$ 1

1! %ea"&"! O' Ter() "

1!1 Inter#retation "

1!2 $efinition "

1!3 Sinular And Plural %

Cre#e"&a*) O' C+"rac+r) %

2! A##lication &or Reistration %

3! 'ender &or(s )

4! O(ission And $iscre#ancies )

*! +arnest ,oney )

"! Care In Su-(ission Of 'enders )

C+")era&+" O' Te"#er) .

%! Riht Of Railway 'o $eal /ith 'enders .

%A! 'wo Pacets Syste( of 'enderin .

C+"rac D+cu(e") .

)! +ecution Of Contract $ocu(ents .

.! &or( Of Contract $ocu(ents 10

A""e$ure) , 11

AnneureI 'ender &or( 11

&irst Sheet 11

Second Sheet 12

'hird Sheet 1*

AnneureII Aree(ent &or one Contract 1"

AnneureIII /or Order 5nder one Contract 1%

AnneureI6 &or( &or Contract Aree(ent Of /ors 1.

Anneure6 /or Order &or /ors 7 Contractor8s Aree(ent 20

Anneure6I /or Order &or /ors 7 Schedule of Rates 22


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PART - II


Para Subjec Pa!e

1! De'&"&&+") A"# I"errea&+" 23

91: $efinitions 23

92: Sinular And Plural 24

93: ;eadins And ,arinal ;eadins 24

Ge"era* Ob*&!a&+") 24

2! +ecution< CoRelation And Intent Of Contract $ocu(ents 24

3! 91: =aw Go>ernin 'he Contract 2*

92: Co(#liance 'o Reulations And ?ye=aws 2*

4! Co((unication 'o ?e In /ritin 2*

*! Ser>ice Of @otices On Contractors 2*

"! Occu#ation And 5se Of =and 2*

%! Assin(ent Or Su-=ettin Of Contract 2*

)! Assistance ?y 'he Railway &or 'he Stores 'o ?e O-tained ?y 'heContractor

2*

.! Railway Passes 2*

10! Carriae Of ,aterials 2"

11! 5se Of ?allast 'rain 2"

12! Re#resentation On /ors 2"

13 Relics And 'reasures 2"

14! +ca>ated ,aterial 2"

1*! Inde(nity ?y Contractors 2"1"! 91: Security $e#osit 2"

92: Reco>ery Of Security $e#osit 2"

93: Interest On A(ount 2%

94: Perfor(ance Guarantee 2%

1%! &orce ,aeure Clause 2)

1%A! +tension Of 'i(e In Contracts 2.

9i: +tension $ue 'o ,odification 2.

9ii: +tension &or $elay @ot $ue 'o RailwayBContractor 2.

9iii: +tension Of 'i(e &or $elay $ue 'o Railway 2.

1%?! +tension Of 'i(e &or $elay $ue 'o Contractor 30

1)! 91: 92: Illeal Gratification 30

E$ecu&+" O' .+r/) 30

1.! 91: ContractorDs 5nderstandin 30

92: Co((ence(ent Of /ors 31

93: Acce#ted Prora((e Of /ors 31

94: Settin Out Of /ors 31

20! 91: Co(#liance 'o +nineerDs Instructions 31

92: Alterations 'o ?e Authorised 31

93: +tra /ors 31

94: Se#arate Contracts In Connection /ith /ors 31

21! Instructions Of +nineerDs Re#resentati>e 32


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Para Subjec Pa!e

22! 91: Adherence 'o S#ecification And $rawins 32

92: $rawins And S#ecifications Of 'he /ors 32

93: Ownershi# of $rawins And S#ecifications 32

94: Co(#liance /ith ContractorDs ReEuest &or $etails 329*: ,eanin And Intent Of S#ecifications And $rawins 32

23! /orin $urin @iht 32

24! $a(ae 'o Railway Pro#erty Or Pri>ate =ife And Pro#erty 32

2*! Sheds< Stores;ouses And Fards 33

2"! Pro>ision Of +fficient And Co(#etent Staff At /or Sites ?y Contractor 33

2"A! $e#loy(ent Of ualified +nineers At /or Sites ?y Contractor 33

2%! 91: /or(anshi# And 'estin 33

92: Re(o>al Of I(#ro#er /or And ,aterials 34

2)! &acilities &or Ins#ection 34

2.! +a(ination Of /ors ?efore Co>erin 5# 34

30! 'e(#orary /ors 34

31! 91: Contractor 'o Su##ly /ater &or /ors 34

92: /ater Su##ly &ro( Railway Syste( 34

93: /ater Su##ly ?y Railway 'rans#ort 3*

94: 9A: Contractor 'o Arrane Su##ly Of +lectric Power &or /ors 3*

9?: +lectric Su##ly &ro( 'he Railway Syste( 3*

32! Pro#erty In ,aterials And Plants 3*

33! 91: 'ools< Plant And ,aterials Su##lied ?y Railway 3*

92: ;ire Of Railway Plant 3*

34! 91: Precautions $urin Proress Of /ors 3*

92: Roads And /ater Courses 3"

93: Pro>ision Of Access 'o Pre(ises 3"

94: Safety Of Pu-lic 3"

3*! 5se Of +#losi>es 3"

3"! 91: 92: Sus#ension Of /ors 3"

93: Sus#ension =astin ,ore 'han 'hree ,onths 3"

3%! Rates &or Ite(s Of /ors 3%

3)! $e(urrae And /harfae $ues 3%

3.! Rates &or +tra Ite(s Of /ors 3%

40! 91: ;andin O>er Of /ors 3%

92: Clearance Of Site On Co(#letion 3) ar&a&+") I" E$e" O' C+"rac 3)

41! ,odification 'o Contract 'o ?e In /ritin 3)

42! 91: 92: Power Of ,odifications 'o Contract 3)

93: 6aluation Of 6ariations 3)

94: 6ariations In uantities $urin +ecution Of /ors Contracts 3.

43! Clai(s 40

91: ,onthly State(ent Of Clai(s 40

92: Sinin Of 8@o Clai( Certificate8 40

%ea)ure(e" Cer&'&cae) A"# Pa(e") 40

44! uantities In Schedule Anneed 'o Contract 404*! ,easure(ents Of /ors 40


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Para Subjec Pa!e

4"! 91: HOn Account Pay(ents 41

92: Roundin Off A(ounts 41

93: HOn Account Pay(ents @ot Preudicial 'o &inal Settle(ent 41

94: ,anner Of Pay(ent 414"A! Pr&ce ar&a&+" C*au)e 3PC 41

1! A##lica-ility 41

2! ?ase ,onth 41

3! 6alidity 42

4! to "! Co(#onents Percentaes 42

%! to .! &or(ulae etc! 42

10! Price 6ariation $urin +tended Period Of Contract 4*

4%! ,aintenance Of /ors 4*

4)! 91: Certificate Of Co(#letion Of /ors 4"

92: Contractor @ot A-sol>ed ?y Co(#letion Certificate 4"

4.! A##ro>al Only ?y ,aintenance Certificate 4"

*0! 91: ,aintenance Certificate 4"

92: Cessation Of Railway8s =ia-ility 4"

93: 5nfulfilled O-liations 4"

*1! 91: &inal Pay(ent 4%

92: Post Pay(ent Audit 4%

*1A! Production Of 6ouchers +tc! ?y 'he Contractor 4%

*2! /ithholdin And =ien In Res#ect Of Su(s Clai(ed 4%

*2A! =ien In Res#ect Of Clai(s In Other Contracts 4)*3! Sinature On Recei#ts &or A(ounts 4)

Lab+ur 4.

*4! /aes 'o =a-our 4.

*4A! A##rentices Act 4.

**! Pro>isions Of Pay(ents Of /aes Act 4.

**A! Pro>isions Of Contract =a-our 9Reulation And A-olition: Act< 1.%0 4.

**?! Pro>isions of +(#loyees Pro>ident &und and ,iscellaneous Pro>isions Act< 1.*2

*0

**C! Pro>isions of 'he ?uildin and Other Construction /orers 9R+CS: Act<

1.." and 'he ?uildin and Other Construction /orers8 /elfare Cess Act< 1.."

*0

*"! Re#ortin Of Accidents *0

*%! Pro>ision Of /or(enDs Co(#ensation Act *0

*%A! Pro>ision Of ,ines Act *1

*)! Railway @ot 'o Pro>ide uarters &or Contractors *1

*.! 91: =a-our Ca(#s *1

92: Co(#liance 'o Rules &or +(#loy(ent Of =a-our *1

93: Preser>ation Of Peace *1

94: Sanitary Arrane(ents *1

9*: Out-rea Of Infectious $iseases *2


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As On 30th June 2014 Pae *

Para Subjec Pa!e

*.! 9": 'reat(ent Of ContractorDs Staff In Railway ;os#itals *2

9%: ,edical &acilities At Site *2

9): 5se Of Intoicants *2

9.: @on+(#loy(ent Of &e(ale =a-our *2910: Restriction On 'he +(#loy(ent Of Retired +nineers Of Go>t!

Ser>ices /ithin 'wo Fears Of 'heir Retire(ent*2

"0! 91: @on+(#loy(ent Of =a-ourers ?efore 'he Ae Of 1* Fears *2

92: ,edical Certificate Of &itness &or =a-our *2

93: Period Of 6alidity Of ,edical &itness Certificate *3

94: ,edical Re+a(ination Of =a-ourer *3

Deer(&"a&+" O' C+"rac *3

"1! 91: Riht Of Railway 'o $eter(ine Contract *3

92: Pay(ent On $eter(ination Of Contract *3

93: @o Clai( On Co(#ensation *3

"2! 91: $eter(ination Of Contract Owin 'o $efault Of Contractor *3

92: Riht Of Railway After Rescission Of Contract Owin 'o $efault OfContractor

**

Se*e(e" O' D&)ue) **

"3! ,atters &inally $eter(ined ?y 'he Railway **

"4! 91: $e(and &or Ar-itration *"

92: O-liations $urin Pendency Of Ar-itration *"

93: A##oint(ent Of Ar-itrator *"

94:< 9*:< 9": 9%: Ar-itral Award General *)

"*!

J+&" e"ure 3J F&r() I" .+r/) Te"#er) *)

Partici#ation Of Joint 6enture 9J6: &ir(s In /ors 'ender *)1! to 4! Identity ,e(-ers of J6 &ir( *)

*! +arnest ,oney $e#osit 9+,$: *)

"! =ead ,e(-er *)

%! to 11! Constitution of J6 and ,O5 -y J6 ,e(-ers *)

12! J6 Aree(ent *.

13! 14! Authorised ,e(-ers *.

1*! $ocu(ents 'o ?e +nclosed Alonwith 'ender *.

1"! Credentials ualifyin Criteria 'echnical +lii-ility Criteria and&inancial +lii-ility Criteria

"0

A""e$ure) , "2

Anneure6II Profor(a &or 'i(e +tension "2

Anneure6III Certificate Of &itness "3

AnneureIK Profor(a Of % $ays8 @otice "4

AnneureK Profor(a Of 4) ;rs! @otice "*

AnneureKI Profor(a Of 'er(ination @otice ""

Reister Of Correction Sli#s "%


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As On 30th June 2014 Pae "

PART-I

REGULATIONS FOR TENDERS AND CONTRACTS

FOR T5E GUIDANCE OF ENGINEERS 6 CONTRACTORS FOR .OR7S CONTRACTS

%EANING OF TER%S

181 I"errea&+" , 'hese Reulations for 'enders and Contracts shall -e read inconunction with the Standard General Conditions of Contract which are referred to herein andshall -e su-ect to (odifications additions or su##ression -y s#ecial conditions of contract andBors#ecial s#ecifications< if any< anneed to the 'ender &or(s!

182 De'&"&&+" , In these Reulations for 'enders and Contracts the followin ter(s shallha>e the (eanins assined hereunder ece#t where the contet otherwise reEuires!

9a: Railway shall (ean the President of the Re#u-lic of India or the Ad(inistrati>e Officers

of the Railway or Successor Railway authoriLed to deal with any (atters< which these#resents are concerned on his -ehalf!

9-: General ,anaer shall (ean the OfficerinChare of the eneral su#erintendence andcontrol of the onal RailwayBProduction 5nits and shall also include the General ,anaer9Construction: and shall (ean and include their successors< of the Successor Railway!

9c: Chief +nineer shall (ean the Officer in chare of the +nineerin $e#art(ent ofRailway and shall also include the Chief +nineer 9Construction:< Chief +lectrical+nineer< Chief +lectrical +nineer 9Construction:< Chief Sinal 'eleco( +nineer<Chief Sinal 'eleco( +nineer 9Construction: and shall (ean and include theirsuccessors of the Successor Railway!

9d: $i>isional Railway ,anaer shall (ean the Officer in chare of a $i>ision of the onal

Railway and shall (ean and include the $i>isional Railway ,anaer of the SuccessorRailway!

9e: +nineer shall (ean the $i>isional +nineer or the +ecuti>e +nineer< $i>isionalSinal 'eleco( +nineer< $i>isional +lectrical +nineer in eecuti>e chare of thewors and shall include the su#erior officers of O#en =ine and Construction oranisationson the Railway of the +nineerin< Sinal 'eleco( and +lectrical $e#art(ents< i!e! theSenior $i>isional +nineerB$e#uty Chief +nineerBChief +nineer< Senior $i>isional Sinal 'eleco( +nineer B $y!Chief Sinal 'eleco( +nineer< Senior $i>isional +lectrical+nineer B $e#uty Chief +lectrical +nineer and shall (ean include the +nineers ofthe Successors Railway!

9f: 'enderer shall (ean the #erson B the fir( B coo#erati>e or co(#any whetherincor#orated or not who tenders for the wors with a >iew to eecute the wors oncontract with the Railway and shall include their #ersonal re#resentati>es< successorsand #er(itted assins!

9: =i(ited 'enders shall (ean tenders in>ited fro( all or so(e Contractors on thea##ro>ed or select list of Contractors with the Railway!

9h: O#en 'enders shall (ean the tenders in>ited in o#en and #u-lic (anner and withadeEuate notice!

9i: /ors shall (ean the wors conte(#lated in the drawins and schedules set forth inthe tender for(s and reEuired to -e eecuted accordin to the s#ecifications!

9: S#ecifications shall (ean the S#ecifications for ,aterials and /ors of the Railway ass#ecified under the authority of the ,inistry of Railways or Chief +nineer or as

a(#lified< added to or su#erseded -y s#ecial s#ecifications if any< a##ended to the'ender &or(s!


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9: Schedule of Rates of the Railway shall (ean the Schedule of Rates issued under theauthority of the Chief +nineer fro( ti(e to ti(e!

9l: $rawins shall (ean the (a#s< drawins< #lans and tracins or #rints thereof anneedto the 'ender &or(s!

189 /ords i(#ortin the sinular nu(-er shall also include the #lural and >ice >ersa wherethe contet reEuires!

CREDENTIALS OF CONTRACTORS

28 A*&ca&+" F+r Re!&)ra&+" ,

281 /ors of construction and of su##ly of (aterial shall -e entrusted for eecution tocontractors whose ca#a-ilities and financial status ha>e -een in>estiated and a##ro>ed to thesatisfaction of the Railway! &or this #ur#ose< list of a##ro>ed contractors shall -e (aintained inthe Railway! 'he said list -e re>ised #eriodically once in a year or so -y i>in wide #u-licitythrouh ad>ertise(ents etc!

A Contractor includin a contractor who is already on the a##ro>ed list shall a##ly to the nearestGeneral ,anaer 9Construction:< Chief Ad(inistrati>e Officer 9Construction:< $i>isional Railway,anaer< Chief +nineerBChief +nineer 9Construction:< Chief Sinal 'eleco((unication+nineer B Chief Sinal 'eleco((unication +nineer 9Construction: and Chief +lectrical+nineer B Chief +lectrical +nineer 9Construction:< furnishin #articulars reardin

9a: his #osition as an inde#endent contractor s#ecifyin +nineerin oraniLation a>aila-lewith details or Partners B Staff B +nineers e(#loyed with Eualifications and e#erienceM

9-: his ca#acity to undertae and carry out wors satisfactorily as >ouched for -y ares#onsi-le official or fir(< with details a-out the trans#ort eEui#(ents< constructiontools and #lants etc!< reEuired for the wor (aintained -y hi(M

9c: his #re>ious e#erience of wors si(ilar to that to -e contracted for< in #roof of whichoriinal certificates or testi(onials (ay -e called for and their enuineness >erified< ifneeds -e< -y reference to the sinatories thereofM

9d: his nowlede fro( actual #ersonal in>estiation of the resources of the areaBLone orLones in which he offers to worM

9e: his a-ility to su#er>ise the wor #ersonally or -y co(#etent and duly authoriLed aentM

9f: his financial #ositionM

9: AuthoriLed co#y of the current Inco(e'a Clearance Certificate!

282 An a##licant shall clearly state the cateories of wors and the Area B one B $i>ision9s: B $istrict9s: in which he desires reistration in the list of a##ro>ed contractors!

289 'he selection of contractors for enlist(ent in the a##ro>ed list would -e done -y aco((ittee for different >alue sla-s as notified -y Railway!

284 An annual fee as #rescri-ed -y the Railway fro( ti(e to ti(e would -e chared fro(such a##ro>ed contractors to co>er the cost of sendin notices to the( and clerae for tendersetc!

28: 'he list of a##ro>ed contractors would -e treated as confidential office record!


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TENDERS FOR .OR7S

98 Te"#er F+r( , 'ender &or(s shall e(-ody the contents of the contract docu(entseither directly or -y reference and shall -e as #er s#eci(en for(< AnneureI! 'ender &or(sshall -e issued on #ay(ent of the #rescri-ed fee to the a##ro#riate contractors on the list of

a##ro>ed contractors! Contractors not on the list of a##ro>ed contractors< will on #ay(ent of the#rescri-ed fees< -e furnished with tender for(s and they shall -e reEuired to su-(it e>idencereardin their financial status< #re>ious e#erience and a-ility to eecute the wors!

48 O(&))&+") 6 D&)crea"c&e) , Should a tenderer find discre#ancies in or o(issionsfro( the drawins or any of the 'ender &or(s or should he -e in dou-t as to their (eanin< heshould at once notify the authority in>itin tenders who (ay send a written instruction to alltenders! It shall -e understood that e>ery endea>our has -een (ade to a>oid any error whichcan (aterially affect the -asis of tender and successful tenderer shall tae u#on hi(self and#ro>ide for the ris of any error which (ay su-seEuently -e disco>ered and shall (ae nosu-seEuent clai( on account thereof!

:8 Ear"e) %+"e ,

91: 9a: 'he tenderer shall -e reEuired to de#osit earnest (oney with the tender for the due#erfor(ance with the sti#ulation to ee# the offer o#en till such date as s#ecified in thetender< under the conditions of tender! 'he earnest (oney shall -e as under

a*ue O' T;e .+r/ Ear"e) %+"e De+)& 3E%D

A! &or wors esti(ated tocost u# to Rs! 1 crore

2N of the esti(ated cost of the wor

?! &or wors esti(ated tocost (ore than Rs! 1 crore

Rs! 2 lah #lus N 9half #ercent: of the ecessof the esti(ated cost of wor -eyond Rs!1 croresu-ect to a (ai(u( of Rs! 1 crore

'he earnest (oney shall -e rounded to the nearest Rs!10! 'his earnest (oney shall -ea##lica-le for all (odes of tenderin!

9-: It shall -e understood that the tender docu(ents ha>e -een soldBissued to the tendererand the tenderer is #er(itted to tender in consideration of sti#ulation on his #art< thatafter su-(ittin his tender he will not resile fro( his offer or (odify the ter(s andconditions thereof in a (anner not acce#ta-le to the +nineer! Should the tenderer failto o-ser>e or co(#ly with the said sti#ulation< the aforesaid a(ount shall -e lia-le to -eforfeited to the Railway!

9c: If his tender is acce#ted this earnest (oney (entioned in su- clause 9a: a-o>e will -eretained as #art security for the due and faithful fulfill(ent of the contract in ter(s of

Clause 1" of the Standard General Conditions of Contract! 'he +arnest ,oney of other'enderers shall< sa>e as herein -efore #ro>ided< -e returned to the(< -ut the Railwayshall not -e res#onsi-le for any loss or de#reciation that (ay ha##en thereto while intheir #ossession< nor -e lia-le to #ay interest thereon!

92: 'he +arnest ,oney should -e in cash or in the for( of de#osit recei#ts< #ay orders orde(and drafts< eecuted -y State ?an of India or any of the @ationaliLed ?ans or -y aScheduled ?an!


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Standard General Conditions of Contract for the co(#letion of wors to the entire satisfaction ofthe +nineer!

9-: /hen wor is tendered for -y a fir( or co(#any of contractors< the tender shall -esined -y the indi>idual leally authoriLed to enter into co((it(ents on their -ehalf!

9c: 'he Railway will not -e -ound -y any #ower of attorney ranted -y the tenderer or -y

chanes in the co(#osition of the fir( (ade su-seEuent to the eecution of the contract! It(ay< howe>er< reconiLe such #ower of attorney and chanes after o-tainin #ro#er lealad>ice< the cost of which will -e charea-le to the contractor!

CONSIDERATION OF TENDERS

=8 R&!; O' Ra&*>a T+ Dea* .&; Te"#er) , 'he Railway reser>es the riht of notto in>ite tenders for any of Railway wor or wors or to in>ite o#en or li(ited tenders and whentenders are called to acce#t a tender in whole or in #art or reect any tender or all tenderswithout assinin reasons for any such action!

=A8 T>+ Pac/e) S2)e( +' Te"#er&"! , 'he #rocedure detailed -elow shall -eado#ted for dealin with 'wo Pocets Syste(8 of 'enderin

=A81 /ith a >iew to assess the tenders technically without -ein influenced -y the financial-ids< D'wo Pacets Syste( of tenderinD shall -e ado#ted! In this syste(< the tenderersshall su-(it their EuotationsBoffers in two sealed en>elo#esM with one co>er containinthe 'echnical Co((ercial offers and the other co>er containin the &inancial ?ids! 'hefirst #acet shall -e with the o-ecti>e of scrutinisin the ca#a-ility< #ossession ofa##ro#riate (achinery eEui#(ents< financial strenth< e#erience etc! of thetenderers!

=A82 'he technical details and co((ercial conditions shall -e read out -efore the tenderersor their re#resentati>es at the ti(e of o#enin of tenders and the sa(e shall -ee>aluated -y the 'ender Co((ittee! If the offers are found acce#ta-le -y the

co(#etent authority 9as #rescri-ed -y Railway ?oard fro( ti(e to ti(e for theesti(ated >alue of tender in>ited:< the second #acet shall -e o#ened and the tendersshall -e #rocessed for finalisation in the nor(al (anner!

=A89 ;owe>er< if on the -asis of infor(ation contained in the first #acet< the 'enderCo((ittee needs clarification reardin desins< s#ecifications etc!M discussions shall -eheld with each indi>idual #artyB tenderer after o-tainin a##ro>al of the Co(#etent

Authority!

=A84 D'wo Pacets Syste(D of tenderin shall -e resorted to for technoco((ercialconsideration in /ors Contract 'enders of >alues as co((unicated -y Railway ?oardfro( ti(e to ti(e on the su-ect!

QAuthority Railway ?oardDs letter no! .4BC+IBC'B4 Pt!1%< @ew $elhi< $ated 13!0)!2012

CONTRACT DOCU%ENTS

?8 E$ecu&+" +' C+"rac D+cu(e" , 'he 'enderer whose tender is acce#ted shall -ereEuired to a##ear in #erson at the office of General ,anaerBGeneral ,anaer 9Construction:<Chief Ad(inistrati>e Officer 9Construction:< $i>isional Railway ,anaer or concerned +nineer<as the case (ay -e< or if a fir( or cor#oration< a duly authoriLed re#resentati>e shall so a##earand eecute the contract docu(ents within % days after notice that the contract has -eenawarded to hi(! &ailure to do so shall constitute a -reach of the aree(ent affected -y theacce#tance of the tender in which case the full >alue of the earnest (oney acco(#anyin thetender shall stand forfeited without #reudice to any other rihts or re(edies!


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In the e>ent of any tenderer whose tender is acce#ted shall refuse to eecute thecontract docu(ent as here in -efore #ro>ided< the Railway (ay deter(ine that such tendererhas a-andoned the contract and there u#on his tender and acce#tance thereof shall -e treatedas cancelled and the Railway shall -e entitled to forfeit the full a(ount of the +arnest ,oney andto reco>er the da(aes for such default!

@8 F+r( O' C+"rac D+cu(e" , +>ery contract shall -e co(#lete in res#ect of thedocu(ent it shall so constitute! @ot less than 2 co#ies of the contract docu(ent shall -e sined-y the co(#etent authority and the contractor and one co#y i>en to the contractor!

9a: &or one contracts< awarded on the -asis of the #ercentae a-o>e or -elow theSchedule of Rates of Railway for the whole or #art of financial year< the contract aree(entreEuired to -e eecuted -y the tenderer whose tender is acce#ted shall -e as #er s#eci(enfor(< AnneureII! $urin the currency of the one Contract< wor orders as #er s#eci(en for(

AnneuresIII or I6< for wors not eceedin Rs!2e +nineer under the aree(ent for one Contract!

9-: &or contracts for s#ecific wors< >alued at (ore than Rs!2


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ANNEXURE - I

RAIL.AY

TENDER FOR% 3F&r) S;ee

'ender @o!

@a(e Of /or

'o

'he President of India

Actin throuh the

Railway

IB/e ha>e read the >arious conditions to tender attachedhereto and aree to a-ide -y the said conditions! IB/e also aree to ee# this tender o#en foracce#tance for a #eriod of days fro( the date fied for o#enin the sa(e and indefault thereof< IB/e will -e lia-le for forfeiture of (yBour +arnest ,oney! IB/e offer to do thewor for Railway< at the rates Euoted in the attached schedule and here-y -ind(yselfBoursel>es to co(#lete the wor in all res#ects within (onths fro( thedate of issue of letter of acce#tance of the tender!

28 IB/e also here-y aree to a-ide -y the Indian Railways Standard General Conditions OfContract< with all correction sli#s u#todate and to carry out the wor accordin to the S#ecialConditions of Contract and S#ecifications of (aterials and wors as laid down -y Railway in theanneed S#ecial ConditionsBS#ecifications< Schedule of Rates with all correction sli#s u#todate

for the #resent contract!98 A su( of Rs! is herewith forwarded as +arnest ,oney! &ull >alue of theearnest ,oney shall stand forfeited without #reudice to any other riht or re(edies in case(yBour 'ender is acce#ted and if

9a: IB/e do not eecute the contract docu(ents within se>en days after recei#t of noticeissued -y the Railway that such docu(ents are readyM and

9-: IB/e do not co((ence the wor within fifteen days after recei#t of orders to that effect!

48 5ntil a for(al aree(ent is #re#ared and eecuted< acce#tance of this tender shallconstitute a -indin contract -etween us su-ect to (odifications< as (ay -e (utually areed to-etween us and indicated in the letter of acce#tance of (yBour offer for this wor!

Sinature of /itnesses 91:

92:

Sinature of 'enderer9s:

$ate

Address of the 'enderer9s:


13/68



ANNEXURE - I 9Contd! T:

TENDER FOR% 3Sec+"# S;ee

18 I")ruc&+") T+ Te"#er) A"# C+"#&&+") O' Te"#er , 'he followin docu(ents

for( #art of 'ender B Contract

9a: 'ender for(s 7 &irst Sheet and Second Sheet

9-: S#ecial ConditionsBS#ecifications 9enclosed:

9c: Schedule of a##roi(ate Euantities 9enclosed:

9d: Standard General Conditions of Contract and Standard S#ecifications for ,aterials and/ors of Indian Railway as a(endedBcorrected u#to latest Correction Sli#s< co#ies ofwhich can -e seen in the office of or o-tained fro( the office of theChief +nineer< Railway on #ay(ent of #rescri-ed chares!

9e: Schedule of Rates as a(ended B corrected u#to latest Correction Sli#s< co#ies of whichcan -e seen in the office of or o-tained fro( the office of the Chief

+nineer< Railway on #ay(ent of #rescri-ed chares!

9f: All eneral and detailed drawins #ertainin to this wor which will -e issued -y the+nineer or his re#resentati>es 9fro( ti(e to ti(e: with all chanes and (odifications!

28 Dra>&"!) F+r T;e .+r/ , 'he $rawin for the wor can -e seen in the office of the and B or Chief +nineer< Railway at any ti(e durin the office hours!'he drawins are only for the uidance of 'enderer9s:! $etailed worin drawins 9if reEuired:-ased enerally on the drawin (entioned a-o>e< will -e i>en -y the +nineer or hisre#resentati>e fro( ti(e to ti(e!

98 'he 'enderer9s: shall Euote his B their rates as a #ercentae a-o>e or -elow the Scheduleof Rates of Railway as a##lica-le to $i>ision ece#t whereheBthey are reEuired to Euote ite( rates and (ust tender for all the ite(s shown in the Scheduleof a##roi(ate Euantities attached! 'he Euantities shown in the attached Schedule are i>en asa uide and are a##roi(ate only and are su-ect to >ariation accordin to the needs of theRailway! 'he Railway does not uarantee wor under each ite( of the Schedule!

48 'enders containin erasures and B or alterations of tender docu(ents are lia-le to -ereected! Any correction (ade -y tender9s: in hisBtheir entries (ust -e attested -y hi( B the(!

:8 'he wors are reEuired to -e co(#leted within a #eriod of (onths fro( thedate of issue of acce#tance letter!


14/68



9c: If the tender is acce#ted< the a(ount of +arnest ,oney will -e retained and adusted asSecurity $e#osit for the due and faithful fulfill(ent of the contract! 'his a(ount of Security$e#osit shall -e forfeited< if the 'enderer9s:BContractor9s: fail to eecute the Aree(ent ?ondwithin % days after recei#t of notice issued -y Railway that such docu(ents are ready or toco((ence the wor within 1* days after recei#t of the order to that effect!

9d: +arnest ,oney of the unsuccessful tenderer9s: will< sa>e as herein-efore #ro>ided< -ereturned to the unsuccessful tenderer9s: within a reasona-le ti(e< -ut the Railway shall not -eres#onsi-le for any loss or de#reciation that (ay ha##en to the Security for the due#erfor(ance of the sti#ulation to ee# the offer o#en for the #eriod s#ecified in the tenderdocu(ents or to the +arnest ,oney while in their #ossession nor -e lia-le to #ay interestthereon!

=8 R&!;) O' T;e Ra&*>a T+ Dea* .&; Te"#er , 'he authority for the acce#tance ofthe tender will rest with the Railway! It shall not -e o-liatory on the said authority to acce#tthe lowest tender or any other tender and no tenderers9s: shall de(and any e#lanation for thecause of reection of hisBtheir tender nor the Railway to assin reasons for declinin to consideror reect any #articular tender or tenders!

?8 If the tenderer9s: deli-erately i>es B i>e wron infor(ation in his B their tender orcreates B create circu(stances for the acce#tance of his B their tender< the Railway reser>es theriht to reect such tender at any stae!

@8 If the tenderer9s: e#ire9s: after the su-(ission of his B their tender or after theacce#tance of his B their tender< the Railway shall dee( such tender cancelled! If a #artner of afir( e#ires after the su-(ission of their tender or after the acce#tance of their tender< theRailway shall dee( such tender as cancelled< unless the fir( retains its character!

108 E*&!&b&*& Cr&er&a ,

9i: 'he tenderer9s: shall -e elii-le only if he B they fulfill +lii-ility Criteria of ha>inrecei>ed total contract a(ount durin the last three financial years and in the current financialyear with a (ini(u( of 1*0N of the ad>ertised tender >alue!

9ii: Authentic Certificates shall -e #roduced -y the tenderer9s: to this effect which (ay -ean attested Certificate fro( the e(#loyer B client< Audited ?alance Sheet duly certified -y theChartered Accountant etc!

QAuthority Railway ?oard8s letter no! .4BC+IBC'B4 9Pt! II:< $ated 0%B14!11!2013

118 Te"#ererB) Cre#e"&a*) , $ocu(ents testifyin tenderer8s #re>ious e#erience andfinancial status should -e #roduced alonwith the tender or when desired -y co(#etentauthority of the Railway!

'enderer9s: who has B ha>e not carried out any wor so far on Railway and B or whois B are not -orne on the a##ro>ed list of the Contractors of Railway should su-(italonwith his B their tender credentials to esta-lish

9i:

;is ca#acity to carry out the wors satisfactorily!9ii: ;is financial status su##orted -y ?an reference and other docu(ents!

9iii: Certificates duly attested and testi(onials reardin contractin e#erience for thety#e of o- for which tender is in>ited with list of wors carried out in the #ast!

128 'ender (ust -e enclosed in a sealed co>er< su#erscri#ted 'ender @o! and (ust-e sent -y reistered #ost to the address of Railway so as to reach hisoffice not later than ;ours on the or de#osited in the s#ecial -oallotted for the #ur#ose in the office of Railway! 'his S#ecial -o will -esealed at hours on ! 'he tender will -e o#ened at hours on thesa(e day! 'he tender #a#ers will not -e sold after hours on !

198 @onco(#liance with any of the conditions set forth therein a-o>e is lia-le to result inthe tender -ein reected!


15/68



148 E$ecu&+" O' C+"rac D+cu(e") , 'he successful 'enderer9s: shall -e reEuired toeecute an aree(ent with the President of India actin throuh the <

Railway for carryin out the wor accordin to Standard General Conditions ofContract< S#ecial Conditions B S#ecifications anneed to the tender and S#ecification for worand (aterials of Railway as a(endedBcorrected u#to latest Correction Sli#s< (entioned in tenderfor( 9&irst Sheet:!

1:8 Par"er);& Dee#) P+>er O' A+r"e Ec8 , 'he tenderer shall clearly s#ecifywhether the tender is su-(itted on his own or on -ehalf of a #artnershi# concern! If the tenderis su-(itted on -ehalf of a #artnershi# concern< he should su-(it the certified co#y of#artnershi# deed alonwith the tender and authoriLation to sin the tender docu(ents on -ehalfof #artnershi# fir(! If these docu(ents are not enclosed alonwith tender docu(ents< thetender will -e treated as ha>in -een su-(itted -y indi>idual sinin the tender docu(ents! 'heRailway will not -e -ound -y any #ower of attorney ranted -y the tenderer or -y chanes inthe co(#osition of the fir( (ade su-seEuent to the eecution of the contract! It (ay< howe>er<reconiLe such #ower of attorney and chanes after o-tainin #ro#er leal ad>ice< the cost ofwhich will -e charea-le to the contractor!

1a E(*+ee) ,

9a: Should a tenderer -e a retired enineer of the GaLetted ran or any other GaLettedofficer worin -efore his retire(ent< whether in the eecuti>e or ad(inistrati>e ca#acity orwhether holdin a #ensiona-le #ost or not< in the +nineerin or any other de#art(ent of any of

the railways owned and ad(inistered -y the President of India for the ti(e -ein< or should atenderer -ein #artnershi# fir( ha>e as one of its #artners a retired enineer or retired GaLettedOfficer as aforesaid< or should a tenderer -ein an incor#orated co(#any ha>e any such retiredenineer or retired officer as one of its $irectors or should a tenderer ha>e in his e(#loy(entany retired +nineer or retired GaLetted Officer as aforesaid< the full infor(ation as to the dateof retire(ent of such +nineer or GaLetted Officer fro( the said ser>ice and in case where such+nineer or Officer had not retired fro( Go>ern(ent ser>ice at least 2 years #rior to the date ofsu-(ission of the tender as to whether #er(ission for tain such contract< or if the contractor-e a #artnershi# fir( or an incor#orated co(#any< to -eco(e a #artner or $irector as the case(ay -e< or to tae the e(#loy(ent under the contractor< has -een o-tained -y the tenderer orthe +nineer or Officer< as the case (ay -e fro( the President of India or any officer< dulyauthorised -y hi( in this -ehalf< shall -e clearly stated in writin at the ti(e of su-(ittin thetender! 'enders without the infor(ation a-o>e referred to or a state(ent to the effect that no

such retired +nineer or retired GaLetted Officer is so associated with the tenderer< as the case(ay -e< shall -e reected!

9-: Should a tenderer or contractor -ein an indi>idual on the list of a##ro>ed Contractors<ha>e a relati>e9s: or in the case of #artnershi# fir( or co(#any of contractors one or (ore of hisshareholder9s: or a relati>e9s: of the shareholder9s: e(#loyed in aLetted ca#acity in the+nineerin or any other de#art(ent of the Railway< the authority in>itintenders shall -e infor(ed of the fact at the ti(e of su-(ission of tender< failin which the tender(ay -e disEualifiedBreected or if such fact su-seEuently co(es to liht< the contract (ay -erescinded in accordance with #ro>ision in Clause "2 of Standard General Conditions of Contract!

9Sinature:Sinature of 'enderer9s: 9$esination:$ate Railway


16/68


As On 30th June 2014 Pae 1*

ANNEXURE - I 9Contd! T:

TENDER FOR% 3T;&r# S;ee

Na(e O' .+r/ ,

SC5EDULE OF RATES AND UANTITIES

S=Ite(@o!

$escri#tion Of Ite( Of /or A##roi(ate

uantity5nit

Rates In &iures And /ords

9Rs!:

A(ount

9Rs!:

1 2 3 4 * " %

'he Euantities shown in a-o>e Schedule are a##roi(ate and are as a uide to i>e thetenderer9s: an idea of Euantu( of wor in>ol>ed! 'he Railway reser>es the riht to increaseBdecrease andBor delete or include any of the Euantities i>en a-o>e and no etra rate will -eallowed on this account!

IB/e undertae to do the wor at N a-o>eB-elow the Schedule of Rates ofthe Railway as a##lica-le to $i>ision or at the ratesEuoted a-o>e for each ite(!

$ated

Sinature of the 'enderer9s:

@ote Colu(ns 1 to * shall -e filled -y the office of the Authority in>itin tender! Colu(ns " % shall -e filled -y the 'enderer9s: only when #ercentae tenders are not in>ited!


17/68


As On 30th June 2014 Pae 1"

ANNEXURE II

AGREE%ENT FOR ONE CONTRACT

CO@'RAC' AGR++,+@' @o!< $A'+$ ! AR'IC=+S O& AGR++,+@' (ade this day of -etween the President ofIndia actin throuh the < Railway hereinafter called theHRailwayH of the other #art and hereinafter called theHContractorH of the other #art!

/;+R+AS the Contractor has areed with the Railway durin the #eriod of (onths fro( to for the #erfor(ance of

9a: @ew /ors< additions and alterations to eistin structures< s#ecial re#air wors andsu##ly of -uildin (aterials su-ect to the contract >alue for such wors not eceedin Rs!

!

9-: All ordinary re#air and (aintenance wors at any site -etween ilo(etre andilo(etre as will -e set forth in the wor orders 9which wor orders shall -e dee(edand taen to -e #art of this contract: that will -e issued durin the said #eriod at Na-o>eB-elow the Schedule of Rates of the Railway< corrected u# to the latestCorrection Sli#s and Standard S#ecifications of the Railway corrected u#to latestCorrection Sli#s and the S#ecial Conditions and S#ecial S#ecifications< if any in confor(ity withthe drawins 9if any: that will -e issued with the wor order< aforesaid A@$ /;+R+AS the#erfor(ance of the said wor is an act in which the #u-lic are interested!

@O/ ';IS I@$+@'5R+ PR+S+@'S /I'@+SS+'; 'hat in consideration of the #ay(entto -e (ade -y the Railway< the Contractor will duly #erfor( the wors set forth in the said /orOrder and shall eecute the sa(e with reat #ro(#tness< care and accuracy< in a wor(an lie(anner to the satisfaction of the Railway and will co(#lete the sa(e on or -efore the res#ecti>e

dates s#ecified therein in accordance with the said s#ecifications and said drawins 9if any: andsaid conditions of contract and will o-ser>e< fulfill and ee# all the conditions therein (entioned<9which shall -e dee(ed and taen to -e #art of this contract as if the sa(e had -een duly setforth herein:< A@$ the Railway -oth here-y aree that if the Contractor shall duly #erfor( thesaid wor in the (anner aforesaid and o-ser>e and ee# the said ter(s and conditions< theRailway will #ay or cause to -e #aid to the Contractor for the said wors on the co(#letionthereof the a(ount due in res#ect thereof at the rates s#ecified a-o>e!

Contractor $esination Railway

Address 9&or President of India:

$ate

/itnesses 9to sinature of contractor:

Sinature of witnesses with address

$ate

Sinature of witnesses with address

$ate


18/68


As On 30th June 2014 Pae 1%

ANNEXURE - III

.OR7 ORDER UNDER ONE CONTRACT

/ORU OR$+R @O!< $A'+$ 5@$+R CO@'RAC' AGR++,+@' @O! < $A'+$ !

@a(e Of /or 9S I ' +:

Schedule Of $rawins

Authority Allocation

'he Contractor9s: is B are here-y ordered to carry outthe followin wors at N a-o>eB-elow the Schedule Of Rates of Railwaycorrected u#to latest Correction Sli#s of $i>ision under one Contract Aree(ent

herein-efore referred to

S=Ite(@o!

$escri#tion Of Ite( Of /or A##roi(ate

uantity5nit

Rates In &iures And /ords

9Rs!:

A(ount9Rs!:

1 2 3 4 * " %

'otal A##roi(ate 6alue Of /or V Rs!

W 'his should -e rate of $i>ision concerned!'he wors herein (entioned are reEuired to -e co(#leted on or -efore 9$ate:! 'heEuantities #ro>ided herein are a##roi(ate and su-ect to >ariation under Clause 42 of theStandard General Conditions of Contract corrected u#to latest Correction Sli#s!

$i>isional Railway ,anaerB$i>isional +nineer

$i>ision

Railway

$ate for President Of India


19/68


As On 30th June 2014 Pae 1)

I aree to co(#lete the wors herein set forth on or -efore the date s#ecified under theone Contract Aree(ent herein -efore referred to in confor(ity with the drawins heretoanneed and in accordance with the General and S#ecial 9if any: Conditions of Contractcorrected u#to latest Correction Sli#s and the Standard S#ecifications of Railway withu#todate Correction Sli#s!

I also aree to (aintain such wors for the #eriod s#ecified -elow fro( the date ofco(#letion

9a: Re#air and (aintenance wor includin whiteBcolour washin three calendar(onths fro( date of co(#letion!

9-: All new wors ece#t earth wor Si calendar (onths fro( date of co(#letion!

Contractor 9Sinature: Railway $esination

9&or President of India:

Address

$ate $ate

Sinature of .&"e))e) 9to Sinature ofcontractor: with address

.&"e))e)

1!

2!


20/68


As On 30th June 2014 Pae 1.

ANNEXURE - I

RAIL.AY

CONTRACT AGREE%ENT OF .OR7S

CO@'RAC' AGR++,+@' @O! $A'+$

AR'IC=+S O& AGR++,+@' (ade this day of 20 -etweenPresident of India actin throuh the Railway Ad(inistration hereafter called the HRailwayH of theone #art and herein after called the HContractorH of other #art!

/;+R+AS the Contractor has areed with the Railway for #erfor(ance of the wors set forth in the Schedule hereto anneed u#on the Standard General

Conditions of Contract< corrected u#to latest Correction Sli#s and the S#ecifications of Railway corrected u#to the latest Correction Sli#s and the Schedule of Rates of Railway< corrected u#to latest Correction Sli#s and the S#ecial Conditions andS#ecial S#ecifications< if any and in confor(ity with the drawins hereinto anneed A@$/;+R+AS the #erfor(ance of the said wors is an act in which the #u-lic are interested!

@O/ ';IS I@$+@'5R+ /I'@+SS+'; that in consideration to the #ay(ents to -e (ade-y the Railways< the Contractors will duly #erfor( the said wors in the said schedule set forthand shall eecute the sa(e with reat #ro(#tness< care and accuracy in a wor(an lie (annerto the satisfaction of the Railway and will co(#lete the sa(e in accordance with the saids#ecifications and said drawins and said conditions of contract on or -efore the day of

20 and will (aintain the said wors for a #eriod of Calendar (onthsfro( the certified date of their co(#letion and will o-ser>e< fulfill and ee# all the conditionstherein (entioned 9which shall -e dee(ed and taen to -e #art of this contract< as if the sa(eha>e -een fully set forth herein:< A@$ the Railway< -oth here-y aree that if the Contractor shallduly #erfor( the said wors in the (anner aforesaid and o-ser>e and ee# the said ter(s andconditions< the Railway will #ay or cause to -e #aid to the Contractor for the said wors on thefinal co(#letion thereof the a(ount due in res#ect thereof at the rates s#ecified in the Schedulehereto anneed!

Contractor 9Sinature: Railway $esination

9&or President of India:

Address

$ate $ate

Sinature of .&"e))e) 9to Sinature ofcontractor: with address

.&"e))e)


21/68



ANNEXURE-

.OR7 ORDER FOR .OR7S

96alued at o>er Rs! 2in areed withthe Railway isBare here-y ordered to carry out the /ors set forth in the schedule -elow inaccordance with the Standard General Conditions of Contract corrected u#to latest CorrectionSli#s and the Standard S#ecifications of Railway corrected u#to latest CorrectionSli#s< the Schedule of Rates< corrected u#to latest Correction Sli#s and S#ecial Conditions andS#ecial S#ecifications< if any and inconfor(ity with drawins anneed hereto at the ratess#ecified in the said< Schedule and to co(#lete the sa(e on or -efore the day of

20 and (aintain the said wors for the #eriod of fro( thecertified date of co(#letion! 'he Euantities set forth in the said schedule shall -e considered

a##roi(ate and su-ect to >ariation under Clause 42 of Standard General Conditions ofContract!

CONTRACTORS AGREE%ENT

I offer to do the wor at the rates entered in the Schedule Of Rates on the re>ersewhich I ha>e sined< and I understand that no fied Euantity of wor is i>en to (e to do that instartin wor! I a( only i>en a #lace to wor in or to de#osit (aterials on and that I ha>e noclai( to (ore than one unit of wor as entered in the Scheduled Rates! I aree that all worsdone and (aterials deli>ered shall -e su-ect to the a##ro>al of the +nineer in Chare< who(ay reect and decline to #ay for whate>er (ay -e< in his o#inion< inferior or defecti>e or eitherand I aree that the Standard S#ecifications corrected u#to latest Correction Sli#s of

Railway in so far as they are not o>erruled -y ite(s of this aree(ent< shall -e dee(ed #art ofthis aree(ent!

I aree that no wor under this wor order shall -e assined or su-let without the#re>ious written a##ro>al of the +nineer!

I aree that (y wor (ay -e sto##ed at any ti(e -y the +nineer on hisi>in (e or (y aent on the wors se>en days8 notice in writin and I aree that the(easure(ent of (y wors shall -e (ade -y the +nineer at any ti(e a##ointed -y hi( inwritin su-seEuent to the e#iry of the said notice and (easure(ent shall -e (ade -y hi( atthe said ti(e whether I a( #resent or not and that on #ay(ent for wor done and a##ro>ed(aterials deli>eredat site of wor as ascertained -y the said (easure(ent< I shall ha>e nofurther clai( aainst the Railway and I aree that any dis#ute arisen on (atters connected withthis aree(ent< the sa(e shall -e referred to a #erson to -e no(inated in this -ehalf -y the

for the ti(e -ein of the Railway< whose decision in writin shall -e final and-indin on -oth #arties!


22/68



I aree that any clai( I ha>e to (ae shall -e (ade in writin within se>en days of dateof (easure(ent taen -y the +nineer as aforesaid and that any clai(s in res#ect of such(easure(ent (ade (ore than se>en days after tain of such (easure(ent shall -e dee(ed toha>e wai>ed -y (e!

I aree to inde(nify the Railway aainst any clai(s which (ay -e (ade under

/or(enDs Co(#ensation Act< 1.23!

/itness Contractor

@a(e @a(e

Address Address

@ote If the aree(ent is for a wor for which a S#ecial Act of the =eislature eists< e!! the Indian ,ines Act< thearee(ent shall include a clause inde(nifyin the Railway aainst all clai(s arisin of #ro>ision of such Act!

I aree to #ay the rates at N a-o>eB-elow Schedule of rates asa##lica-le to $i>ision set forth in the schedule of rates herein forfinished and a##ro>ed wor!

+nineer

$i>ision

Railway

&or President Of India

$ate

IB/e aree to co(#lete the wors herein set forth on or -efore the date s#ecified herein

and to (aintain the sa(e for a #eriod of Calendar (onths fro( the certifieddate of their co(#letion and in confor(ity with the docu(ent herein referred to< and all thecondition therein (entioned shall -e dee(ed and taen to -e #art of this contract as if the sa(ehad -een fully set forth therein!

Sinature of witnesses with addresses<to Sinature of Contractor

Contractor

Address

$ate

1!

2!


23/68



ANNEXURE - I

.OR7 ORDER FOR .OR7S

$i>ision

/ORU OR$+R @o! Oriinal B $u#licate B 'ri#licate @o! < $ated

IB/e will carry out the followin wor accordin to the aree(ent at -ac!

SC5EDULE OF RATES

Par&cu*ar) Rae) 3R)8 Per Re(ar/)

.ITNESS CONTRACTOR

@a(e @a(e

Address Address

I aree to #ay the a-o>e (entioned rates for finished and a##ro>ed wor!

$ated E"!&"eer


24/68



PART II


FOR USE IN CONNECTION .IT5 .OR7S CONTRACTS

DEFINITIONS AND INTERPRETATION

18 31 De'&"&&+") , In these Standard General Conditions of Contract< the followin ter(sshall ha>e the (eanin assined hereunder ece#t where the contet otherwise reEuires

9a: HRailwayH shall (ean the President of the Re#u-lic of India or the Ad(inistrati>eOfficers of the Railway or of the Successor Railway authorised to deal with any (atterswhich these #resents are concerned on his -ehalf!

9-: HGeneral ,anaerH shall (ean the Officer inchare of the General Su#erintendenceand Control of the Railway and shall also include the General ,anaer 9Construction:and shall (ean and include their successors< of the successor Railway!

9c: HChief +nineerH shall (ean the Officer inchare of the +nineerin $e#art(ent ofRailway and shall also include Chief +nineer 9Construction:< Chief Sinal 'eleco((unication +nineer< Chief Sinal 'eleco((unication +nineer9Construction:< Chief +lectrical +nineer< Chief +lectrical +nineer 9Construction: andshall (ean include their successors< of the Successor Railway!

9d: H$i>isional Railway ,anaerH shall (ean the Officer inchare of a $i>ision of theRailway and shall (ean and include the $i>isional Railway ,anaer of the SuccessorRailway!

9e: +nineer shall (ean the $i>isional +nineer or the +ecuti>e +nineer< $i>isionalSinal 'eleco( +nineer< $i>isional +lectrical +nineer in eecuti>e chare of thewors and shall include the su#erior officers of O#en =ine and Constructionoranisations on the Railway of the +nineerin< Sinal 'eleco( and +lectrical$e#art(ents< i!e! the Senior $i>isional +nineerB$e#uty Chief +nineerBChief+nineer< Senior $i>isional Sinal 'eleco( +nineer B $y!Chief Sinal 'eleco(+nineer< Senior $i>isional +lectrical +nineer B $e#uty Chief +lectrical +nineer andshall (ean include the +nineers of the Successors Railway!

9f: H+nineerDs Re#resentati>eH shall (ean the Assistant +nineer< Assistant Sinal 'eleco((unication +nineer and Assistant +lectrical +nineer in direct chare of thewors and shall include any Sr!SectionBJunior +nineer of Ci>il +nineerinBSinal and'eleco((unication +nineerin +lectrical +nineerin $e#art(ents a##ointed -ythe Railway and shall (ean and include the +nineerDs Re#resentati>e of theSuccessor Railway!

9: HContractorH shall (ean the PersonB&ir(BCoo#erati>e Society or Co(#any whetherincor#orated or not who enters into the contract with the Railway and shall includetheir eecutors< ad(inistrators< successors and #er(itted assins!

9h: HContractH shall (ean and include the Aree(ent of /or Order< the acce#tedSchedule of Rates or the Schedule or Rates of Railway (odified -y the tender#ercentae for ite(s of wors Euantified< or not Euantified< the Standard GeneralConditions of Contract< the S#ecial Conditions of Contracts< if anyM the $rawin< theS#ecifications< the S#ecial S#ecifications< if any and 'ender &or(s< if any!

9i: H/orsH shall (ean the wors to -e eecuted in accordance with the contract!


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9: HS#ecificationsH shall (ean the Standard S#ecifications for ,aterials /ors ofRailway as s#ecified -y Railway under the authority of the Chief +nineer or asa(#lified< added to or su#erseded -y S#ecial S#ecifications< if any!

9: HSchedule of Rates of RailwayH shall (ean the Schedule of Rates issued under theauthority of the Chief +nineer fro( ti(e to ti(e!

9l: H$rawinH shall (ean the (a#s< drawins< #lans and tracins or #rints there ofanneed to the contract and shall include any (odifications of such drawins andfurther drawins as (ay -e issued -y the +nineer fro( ti(e to ti(e!

9(: HConstructional PlantH shall (ean all a##liances or thins of whatsoe>er naturereEuired for the eecution< co(#letion or (aintenance of the wors or te(#orarywors 9as hereinafter defined: -ut does not include (aterials or other thins intendedto for( or for(in #art of the #er(anent wor!

9n: H'e(#orary /orsH shall (ean all te(#orary wors of e>ery ind reEuired for theeecution co(#letion andBor (aintenance of the wors!

9o: HSiteH shall (ean the lands and other #laces on< under< in or throuh which the worsare to -e carried out and any other lands or #laces #ro>ided -y the Railway for the#ur#ose of the contract!

9#: HPeriod of ,aintenanceH shall (ean the s#ecified #eriod of (aintenance fro( the dateof co(#letion of the wors< as certified -y the +nineer!

1832 S&"!u*ar a"# P*ura* , /ords i(#ortin the sinular nu(-er shall also include the#lural and >ice >ersa where the contet reEuires!

1839 5ea#&"!) A"# %ar!&"a* 5ea#&"!) , 'he headins and (arinal headins in theseStandard General Conditions are solely for the #ur#ose of facilitatin reference and shall not -edee(ed to -e #art thereof or -e taen into consideration in the inter#retation or constructionthereof or the contract!

GENERAL OHLIGATIONS

28 31 E$ecu&+" C+-Re*a&+" A"# I"e" O' C+"rac D+cu(e") , 'he contractdocu(ents shall -e sined in tri#licate -y the Railway and the Contractor! 'he contractdocu(ents are co(#le(entary and what is called for -y anyone shall -e as -indin as if calledfor -y all< the intention of the docu(ents is to include all la-our and (aterials< eEui#(ents andtrans#ortation necessary for #ro#er eecution of wor! ,aterials or wors not co>ered -y or#ro#erly infera-le fro( any headin or class of the s#ecifications shall not -e su##lied -y theRailway to the contractors unless distinctly s#ecified in the contract docu(ents! ,aterials orwors descri-ed in words which so a##lied ha>e a wellnown technical or trade (eanin shall-e held to refer to such reconised standards!

2832 If a wor is transferred fro( the urisdiction of one Railway to another Railway or to aProect authority or >ice >ersa while contract is in su-sistence< the contract shall -e -indin onthe Contractor and the Successor RailwayBProect in the sa(e (anner tae effect in allres#ects as if the Contractor and the Successor RailwayBProect were #arties thereto fro( theince#tion and the corres#ondin officer or the Co(#etent Authority in the SuccessorRailwayBProect will eercise the sa(e #owers and enoy the sa(e authority as conferred to thePredecessor RailwayBProect under the oriinal contractBaree(ent entered into!

2839 If for ad(inistrati>e or other reasons the contract is transferred to the SuccessorRailway< the contract shall< notwithstandin any thins contained herein contrary there to< -e-indin on the Contractor and the Successor Railway in the sa(e (anner and tae effect in allres#ects as if the Contractor and the Successor Railway had -een #arties thereto fro( the date

of this contract!


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9831 La> G+er"&"! T;e C+"rac , 'he contract shall -e o>erned -y the law for theti(e -ein in force in the Re#u-lic of India!

9832 C+(*&a"ce T+ Re!u*a&+") A"# He-La>) , 'he Contractor shall confor( to the#ro>ision of any statute relatin to the wors and reulations and -yelaws of any local authorityand of any water and lihtin co(#anies or undertains< with whose syste( the wor is

#ro#osed to -e connected and shall -efore (ain any >ariation fro( the drawins or thes#ecifications that (ay -e necessitated -y so confir(in i>e to the +nineer notice s#ecifyinthe >ariation #ro#osed to -e (ade and the reason for (ain the >ariation and shall not carryout such >ariation until he has recei>ed instructions fro( the +nineer in res#ect thereof! 'heContractor shall -e -ound to i>e all notices reEuired -y statute< reulations or -yelaws asaforesaid and to #ay all fees and taes #aya-le to any authority in res#ect thereof!

48 C+((u"&ca&+") T+ He I" .r&&"! , All notices< co((unications< reference andco(#laints (ade -y the Railway or the +nineer or the +nineerDs Re#resentati>e or theContractor interse concernin the wors shall -e in writin and no notice< co((unication<reference or co(#laint not in writin shall -e reconiLed!

:8 Ser&ce O' N+&ce) O" C+"rac+r) , 'he Contractor shall furnish to the +nineerthe na(e< desination and address of his authoriLed aent and all co(#laints< notices<co((unications and references shall -e dee(ed to ha>e -een duly i>en to the Contractor< ifdeli>ered to the Contractor or his authorised aent or left at or #osted to the address so i>enand shall -e dee(ed to ha>e -een so i>en in the case of #ostin on day on which they wouldha>e reached such address in the ordinary course of #ost or on the day on which they were sodeli>ered or left! In the case of contract -y #artners< any chane in the constitution of the fir(shall -e forthwith notified -y the Contractor to the +nineer!

er nonrailway -odiesB#ersons are #er(itted to use railway

#re(ises with co(#etent authority8s a##ro>al< conser>ancy chares as a##lica-le fro( ti(e toti(e (ay -e le>ied!

=8 A))&!"(e" Or Sub*e&"! O' C+"rac , 'he Contractor shall not assin or su-letthe contract or any #art thereof or allow any #erson to -eco(e interested therein any (annerwhatsoe>er without the s#ecial #er(ission in writin of the Railway! Any -reach of this conditionshall entitle the Railway to rescind the contract under Clause "2 of these Conditions and alsorender the contractor lia-le for #ay(ent to the Railway in res#ect of any loss or da(ae arisinor ensuin fro( such cancellationM #ro>ided always that eecution of the details of the wor -y#etty contractor under the direct and #ersonal su#er>ision of the Contractor or his aent shallnot -e dee(ed to -e su-lettin under this clause! 'he #er(itted su-lettin of wor -y theContractor shall not esta-lish any contractual relationshi# -etween the su-contractor and the

Railway and shall not relie>e the Contractor of any res#onsi-ility under the Contract!

?8 A))&)a"ce H Ra&*>a F+r T;e S+re) T+ He Oba&"e# H T;e C+"rac+r ,Owin to difficulty in o-tainin certain (aterials 9includin 'ools Plant: in the (aret< theRailway (ay ha>e areed without any lia-ility therefore to endea>our to o-tain or assist theContractor in o-tainin the reEuired Euantities of such (aterials as (ay -e s#ecified in the'ender! In the e>ent of delay or failure in o-tainin the reEuired Euantities of the aforesaid(aterial< the Contractor shall not -e dee(ed a-sol>ed of his own res#onsi-ility and shall ee# intouch with the day to day #osition reardin their a>aila-ility and accordinly adust #roress ofwors includin e(#loy(ent of la-our and the Railway shall not in any way -e lia-le for thesu##ly of (aterials or for the nonsu##ly thereof for any reasons whatsoe>er nor for any loss orda(ae arisin in conseEuence of such delay or nonsu##ly!

@8 Ra&*>a Pa))e) , @o free Railway #asses shall -e issued -y the Railway to theContractor or any of his e(#loyeeBworer!


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108 Carr&a!e O' %aer&a*) , @o forwardin orders shall -e issued -y the Railway for thecon>eyance of ContractorDs (aterials< tools and #lant -y Rail which (ay -e reEuired for use inthe wors and the contractor shall #ay full freiht chares at #u-lic tariff rates therefor!

118 U)e O' Ha**a) Tra&") , 'he Railway (ay aree to allow the Contractor use of the-allast or (aterial trains under such conditions as shall -e s#ecially #rescri-ed< #ro>ided that the

Contractor shall #ay for the use thereof chares calculated at #u-lic tariff rates on the (aredcarryin ca#acity of each >ehicle su-ect to s#ecified (ini(u( chare #er day or #art of day and#ro>ided further that the Contractor shall inde(nify the Railway aainst any clai(s or da(aesarisin out of the use or (isuse thereof and aainst any lia-ilities under the /or(enDsCo(#ensation Act< 1.23 or any statutory a(end(ents thereto!

128 Rere)e"a&+" O" .+r/) , 'he Contractor shall< when he is not #ersonally #resenton the site of the wors #lace< ee# a res#onsi-le aent at the wors durin worin hours whoshall on recei>in reasona-le notice< #resent hi(self to the +nineer and orders i>en -y the+nineer or the +nineerDs re#resentati>e to the aent shall -e dee(ed to ha>e the sa(e forceas if they had -een i>en to the Contractor! ?efore a-sentin hi(self< the Contractor shallfurnish the na(e and address of his aent for the #ur#ose of this clause and failure on the #art

of the Contractor to co(#ly with this #ro>ision at any ti(e will entitle the Railway to rescind thecontract under Clause "2 of these Conditions!

198 Re*&c) A"# Trea)ure) , All old< sil>er< oil and other (inerals of any descri#tion andall #recious stones< coins< treasures relics antiEuities and other si(ilar thins which shall -efound in or u#on the site shall -e the #ro#erty of the Railway and the Contractor shall duly#reser>e the sa(e to the satisfaction of the Railway and shall fro( ti(e to ti(e deli>er the sa(eto such #erson or #ersons as the Railway (ay a##oint to recei>e the sa(e!

148 E$caae# %aer&a* , 'he Contractor shall not sell or otherwise dis#ose of or re(o>eece#t for the #ur#ose of this contract< the sand< stone< clay -allast< earth< roc or othersu-stances or (aterials which (ay -e o-tained fro( any eca>ation (ade for the #ur#ose of

the wors or any -uildin or #roduced u#on the site at the ti(e of deli>ery of the #ossessionthereof -ut all the su-stances< (aterials< -uildins and #roduce shall -e the #ro#erty of theRailway #ro>ided that the Contractor (ay< with the #er(ission of the +nineer< use the sa(e forthe #ur#ose of the wors either free of cost or #ay the cost of the sa(e at such rates as (ay -edeter(ined -y the +nineer!

1:8 I"#e("& H C+"rac+r) , 'he Contractor shall inde(nify and sa>e har(less theRailway fro( and aainst all actions< suit #roceedins losses< costs< da(aes< chares< clai(sand de(ands of e>ery nature and descri#tion -rouht or reco>ered aainst the Railways -yreason of any act or o(ission of the Contractor< his aents or e(#loyees< in the eecution of thewors or in his uardin of the sa(e! All su(s #aya-le -y way of co(#ensation under any ofthese conditions shall -e considered as reasona-le co(#ensation to -e a##lied to the actual lossor da(ae sustained< and whether or not any da(ae shall ha>e -een sustained!

1en -elow< (ay -e de#osited -y the Contractor in cash or (ay -e reco>ered -y #ercentaededuction fro( the ContractorDs Hon accountH -ills! Pro>ided also that in case of defaultincontractor< the Railway (ay retain any a(ount due for #ay(ent to the Contractor on the#endin Hon account -illsH so that the a(ounts so retained (ay not eceed 10N of the total>alue of the contract!

1


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9-: 'he rate of reco>ery should -e at the rate of 10N of the -ill a(ount till the fullSecurity $e#osit is reco>ered<

9c:

Security $e#osits will -e reco>ered only fro( the runnin -ills of the contract and noother (ode of collectin S$ such as S$ in the for( of instru(ents lie ?G 9ece#t@ote 9ii: -elow:M &$ etc! shall -e acce#ted towards Security $e#osit!

Security $e#osit shall -e returned to the contractor after the e#iry of the(aintenance #eriod in all the cases other than @ote 9i: (entioned -elow and after #assin thefinal -ill -ased on @o Clai( Certificate with the a##ro>al of the Co(#etent Authority! 'heCo(#etent Authority shall nor(ally -e the authority who is co(#etent to sin the contract! Ifthis Co(#etent Authority is of the ran lower than JA Grade< then a JA Grade Officer 9concernedwith the wor: should issue the certificate! 'he certificate< inter alia< should (ention that thewor has -een co(#leted in all res#ects and that all the contractual o-liations ha>e -eenfulfilled -y the contractor and that there is no due fro( the contractor to Railways aainst thecontract concerned! ?efore releasin the S$< an unconditional and uneEui>ocal @o Clai(Certificate8 fro( the contractor concerned should -e o-tained!

N+e -

9i: After the wor is #hysically co(#leted< Security $e#osit reco>ered fro( the runnin-ills of a contractor can -e returned to hi(< if he so desires< in lieu of &$RBirre>oca-le?an Guarantee for eEui>alent a(ount to -e su-(itted -y hi(!

9ii: In case of contracts of >alue Rs! *0 crore and a-o>e< irre>oca-le ?an Guarantee canalso -e acce#ted as a (ode of o-tainin security de#osit!

1ern(ent Securities de#osited in ter(s ofSu-Clause 91: of this clause will -e #aya-le with interest accrued thereon!

1: Guarantee ?onds eecuted or $e#osits Recei#ts tendered -y all Scheduled ?ansM

9>i: A $e#osit in the Post Office Sa>in ?anM

9>ii: A $e#osit in the @ational Sa>ins CertificatesM


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9>iii: 'wel>e years @ational $efence CertificatesM

9i: 'en years $efence $e#ositsM

9: @ational $efence ?onds and

9i: 5nit 'rust Certificates at *N -elow (aret >alue or at the face >alue whiche>er is less!

Also< &$R in fa>our of &ACAO 9free fro( any encu(-rance: (ay -e acce#ted!N+e - 'he instru(ents as listed a-o>e will also -e acce#ta-le for Guarantees in case of

,o-iliLation Ad>ance!

9c: 'he Perfor(ance Guarantee shall -e su-(itted -y the successful -idder after the=etter Of Acce#tance 9=OA: has -een issued< -ut -efore sinin of the contractaree(ent! 'his P!G! shall -e initially >alid u#to the sti#ulated date of co(#letion #lus"0 days -eyond that! In case< the ti(e for co(#letion of wor ets etended< thecontractor shall et the >alidity of P!G! etended to co>er such etended ti(e forco(#letion of wor #lus "0 days!

9d: 'he >alue of PG to -e su-(itted -y the< contractor will not chane for >ariation u#to2*N 9either increase or decrease:! In case durin the course of eecution< >alue of

the contract increases -y (ore than 2*N of the oriinal contract >alue< an additionalPerfor(ance Guarantee a(ountin to *N 9fi>e #ercent: for the ecess >alue o>er theoriinal contract >alue shall -e de#osited -y the contractor!

9e: 'he Perfor(ance Guarantee 9PG: shall -e released after #hysical co(#letion of thewor -ased on DCo(#letion CertificateD issued -y the co(#etent authority statin thatthe contractor has co(#leted the wor in all res#ects satisfactorily! 'he Security$e#osit shall< howe>er< -e released only after e#iry of the (aintenance #eriod andafter #assin the final -ill -ased on D@o Clai( CertificateD fro( the contractor!

9f: /hene>er the contract is rescinded< the Security $e#osit shall -e forfeited and thePerfor(ance Guarantee shall -e encashed! 'he -alance wor shall -e ot doneinde#endently without ris cost of the failed contractor! 'he failed contractor shall

-e de-arred fro( #artici#atin in the tender for eecutin the -alance wor! If thefailed contractor is a J6 or a Partnershi# fir(< then e>ery (e(-erB#artner of such afir( shall -e de-arred fro( #artici#atin in the tender for the -alance wor in hisBherindi>idual ca#acity or as a #artner of any other J6 B#artnershi# fir(!

9: 'he enineer shall not (ae a clai( under the Perfor(ance Guarantee ece#t fora(ounts to which the President of India is entitled under the contract 9notwithstandin andBor without #reudice to any other #ro>isions in the contractaree(ent: in the e>ent of

9i: &ailure -y the contractor to etend the >alidity of the Perfor(ance Guarantee asdescri-ed herein a-o>e< in which e>ent the +nineer (ay clai( the full a(ount of thePerfor(ance Guarantee!

9ii: &ailure -y the contractor to #ay President of India any a(ount due< either as areed-y the contractor or deter(ined under any of the ClausesBConditions of the Aree(ent< within 30 days of the ser>ice of notice to this effect -y +nineer!

9iii: 'he Contract -ein deter(ined or rescinded under #ro>ision of the GCC< thePerfor(ance Guarantee shall -e forfeited in full and shall -e a-solutely at the dis#osalof the President of India!

QRef! Ite(l to Railway ?oardDs letter no! 200%BC+!IBC'B1) Pt!KII< dated 31!12!2010

1=8 F+rce %ajeure C*au)e , If at any ti(e< durin the continuance of this contract< the#erfor(ance in whole or in #art -y either #arty of any o-liation under this contract shall -e#re>ented or delayed -y reason of any war< hostility< acts of #u-lic ene(y< ci>il co((otion<sa-otae< serious loss or da(ae -y fire< e#losions< e#ide(ics< stries< locouts or acts of God9hereinafter< referred to e>ents: #ro>ided< notice of the ha##enin of any such e>ent is i>en -yeither #arty to the other within 30 days fro( the date of occurrence thereof< neither #arty shall


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-y reason of such e>ent< -e entitled to ter(inate this contract nor shall either #arty ha>e anyclai( for da(aes aainst the other in res#ect of such non#erfor(ance of delay in#erfor(ance< and wors under the contract shall -e resu(ed as soon as #ractica-le after suche>ent has co(e to an end or ceased to eist< and the decision of the +nineer as to whether thewors ha>e -een so resu(ed or not shall -e final and conclusi>e< PRO6I$+$ &5R';+R that ifthe #erfor(ance in whole or in #art of any o-liation under this contract is #re>ented or delayed

-y reason of any such e>ent for a #eriod eceedin 120 days< either #arty (ay at its o#tionter(inate the contract -y i>in notice to the other #arty!

1=A E$e")&+" O' T&(e I" C+"rac) , Su-ect to any reEuire(ent in the contract as toco(#letion of any #ortions or #ortions of the wors -efore co(#letion of the whole< thecontractor shall fully and finally co(#lete the whole of the wors co(#rised in the contract 9withsuch (odifications as (ay -e directed under conditions of this contract: -y the date entered inthe contract or etended date in ter(s of the followin clauses

9i: E$e")&+" Due T+ %+#&'&ca&+" , If any (odifications ha>e -een ordered which inthe o#inion of the +nineer ha>e (aterially increased the (anitude of the wor< thensuch etension of the contracted date of co(#letion (ay -e ranted as shall a##ear tothe +nineer to -e reasona-le in the circu(stances< #ro>ided (oreo>er that theContractor shall -e res#onsi-le for reEuestin such etension of the date as (ay -econsidered necessary as soon as the cause thereof shall arise and in any case not lessthan one (onth -efore the e#iry of the date fied for co(#letion of the wors!

9ii: E$e")&+" F+r De*a N+ Due T+ Ra&*>a Or C+"rac+r , If in the o#inion of the+nineer< the #roress of wor has any ti(e -een delayed -y any act or nelect ofRailwayDs e(#loyees or -y other contractor e(#loyed -y the Railway under Su-Clause 94: of Clause 20 of these Conditions or in eecutin the wor not for(in #artof the contract -ut on which contractorDs #erfor(ance necessarily de#ends or -yreason of #roceedin taen or threatened -y or dis#ute with adoinin or toneih-ourin owners or #u-lic authority arisin otherwise throuh the ContractorDsown default etc! or -y the delay authoriLed -y the +nineer #endin ar-itration or in

conseEuences of the contractor not ha>in recei>ed in due ti(e necessary instructionsfro( the Railway for which he shall ha>e s#ecially a##lied in writin to the +nineer orhis authoriLed re#resentati>e then u#on ha##enin of any such e>ent causin delay<the Contractor shall i((ediately i>e notice thereof in writin to the +nineer within1* days of such ha##enin< -ut shall ne>ertheless (ae constantly his -estendea>ours to -rin down or (ae ood the delay and shall do all that (ay -ereasona-ly reEuired of hi( to the satisfaction of the +nineer to #roceed with thewors! 'he contractor (ay also indicate the #eriod for which the wor is liely to -edelayed and shall -e -ound to as for necessary etension of ti(e! 'he +nineer onrecei#t of such reEuest fro( the contractor shall consider the sa(e and shall rantsuch etension of ti(e as in his o#inion is reasona-le ha>in reard to the nature and#eriod of delay and the ty#e and Euantu( of wor affected there-y! @o otherco(#ensation shall -e #aya-le for wors so carried forward to the etended #eriod of

ti(e< the sa(e rates< ter(s and conditions of contract -ein a##lica-le as if suchetended #eriod of ti(e was oriinally #ro>ided in the oriinal contract itself!

9iii: E$e")&+" F+r De*a Due T+ Ra&*>a) , In the e>ent of any failure or delay -y theRailway to hand o>er the Contractor #ossession of the lands necessary for theeecution of the wors or to i>e the necessary notice to co((ence the wors or to#ro>ide the necessary drawins or instructions or any other delay caused -y theRailway due to any other cause whatsoe>er< then such failure or delay shall in no wayaffect or >itiate the contract or alter the character thereof or entitle the contractor toda(aes or co(#ensation therefor< -ut in any such case< the Railway (ay rant suchetension or etensions of the co(#letion date as (ay -e considered reasona-le!


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1=-H E$e")&+" O' T&(e F+r De*a Due T+ C+"rac+r , 'he ti(e for the eecution ofthe wor or #art of the wors s#ecified in the contract docu(ents shall -e dee(ed to -e theessence of the contract and the wors (ust -e co(#leted not later than the date9s: as s#ecifiedin the contract! If the contractor fails to co(#lete the wors within the ti(e as s#ecified in thecontract for the reasons other than the reasons s#ecified in Clause 1% and 1%A< the Railway(ay< if satisfied that the wors can -e co(#leted -y the contractor within reasona-le short ti(e

thereafter< allow the contractor for further etension of ti(e 9Profor(a at Anneure6II: as the+nineer (ay decide! On such etension the Railway will -e entitled without #reudice to anyother riht and re(edy a>aila-le on that -ehalf< to reco>er fro( the contractor as areedda(aes and not -y way of #enalty a su( eEui>alent to of 1N of the contract >alue of thewors for each wee or #art of the wee!

&or the #ur#ose of this Clause< the contract >alue of the wors shall -e taen as >alueof wor as #er contract aree(ent includin any su##le(entary wor orderBcontract aree(entissued! Pro>ided also< that the total a(ount of liEuidated da(aes under this condition< shall noteceed the under noted #ercentae >alue or of the total >alue of the ite( or rou#s of ite(s ofwor for which a se#arate distinct co(#letion #eriod is s#ecified in the contract!

9i: &or contract >alue u#to Rs! 2 lah 10N of total >alue of the contract

9ii: &or contracts >alued a-o>e Rs! 2 lah 10N of first Rs!2 lah and *N of -alance

&urther< co(#etent authority while rantin etension to the currency of contractunder Clause 1% 9?: of GCC (ay also consider le>y of toen #enalty< as dee(ed fit -ased on the(erit of the case!

Pro>ided further< that if the Railway is not satisfied that the wors can -e co(#leted -ythe Contractor and in the e>ent of failure on the #art of the contractor to co(#lete the worwithin further etension of ti(e allowed as aforesaid< the Railway shall -e entitled without#reudice to any other riht or re(edy a>aila-le in that -ehalf< to a##ro#riate the contractorDsSecurity $e#osit and rescind the contract under Clause "2 of these Conditions< whether or notactual da(ae is caused -y such default!

1?831 I**e!a* Gra&'&ca&+" , Any -ri-e< co((ission< ift or ad>antae i>en< #ro(ised oroffered -y or on -ehalf to the Contractor or his #artner< aent or ser>ant or< anyone on his-ehalf< to any officer or e(#loyee of the Railway< or to any #erson on his -ehalf in relation too-tainin or eecution of this or any other contract with the Railway shall< in addition to anycri(inal lia-ility which he (ay incur< su-ect contractor to the rescission of the contract and allother contracts with the Railway and to the #ay(ent of any loss or da(ae resultin fro( suchdecision and the Railway shall -e entitled to deduct the a(ounts so #aya-le fro( any (oneysdue to the Contractor9s: under this contract or any other contracts with the Railway!

1?832 'he Contractor shall not lend or -orrow fro( or ha>e or enter into any (onitorydealins or transactions either directly or indirectly with any e(#loyee of the Railway and if heshall do so< the Railway shall -e entitled forthwith to rescind the contract and all other contractswith the Railway! Any Euestion or dis#ute as to the co((ission or any such offence orco(#ensation #aya-le to the Railway under this Clause shall -e settled -y the General ,anaerof the Railway< in such a (anner as he shall consider fit sufficient and his decision shall -efinal conclusi>e! In the e>ent of rescission of the contract under this Clause< the Contractor willnot -e #aid any co(#ensation whatsoe>er ece#t #ay(ents for the wor done u#to the date ofrescission!

EXECUTION OF .OR7S

1@831 C+"rac+r) U"#er)a"#&"! , It is understood and areed that the Contractor has<-y careful ea(ination< satisfied hi(self as to the nature and location of the wor< theconfor(ation of the round< the character< Euality and Euantity of the (aterials to -e

encountered< the character of eEui#(ent and facilities needed #reli(inary to and durin the


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#roress of the wors< the eneral and local conditions< the la-our conditions #re>ailin thereinand all other (atters which can in any way affect the wors under the contract!

1@832 C+((e"ce(e" O' .+r/) , 'he Contractor shall co((ence the wors within 1*days after the recei#t -y hi( of an order in writin to this effect fro( the +nineer and shall#roceed with the sa(e with due e#edition and without delay

1@839 Accee# Pr+!ra((e O' .+r/ , 'he Contractor who has -een awarded the worshall as soon as #ossi-le -ut not later than 30 days after the date of recei#t of the acce#tanceletter in res#ect of contracts with initial co(#letion #eriod of two years or less or not later than.0 days for other contracts ha>e to su-(it the detailed #rora((e of wor indicatin the ti(eschedule of >arious ite(s of wors in the for( of ?ar ChartBP+R'BCP,! ;e shall also su-(it thedetails of oranisation 9in ter(s of la-our and su#er>isors: #lant and (achinery that he intendsto utiliLe 9fro( ti(e to ti(e: for eecution of the wor within sti#ulated date of co(#letion! 'he#rora((e of wor a(ended as necessary -y discussions with the +nineer< shall -e treated asthe areed #rora((e of the wor for the #ur#ose of this contract and the contractor shallendea>our to fulfill this #rora((e of wor! 'he #roress of wor will -e watched accordinlyand the liEuidated da(aes will -e with reference to the o>erall co(#letion date! @othin stated

herein shall #reclude the contractor in achie>in earlier co(#letion of ite( or whole of the worsthan indicated in the #rora((e!

1@834 Se&"! Ou O' .+r/) , 'he Contractor shall -e res#onsi-le for the correct settinout of all wors in relation to oriinal #oints< lines and le>els of reference at his cost! 'heContractor shall eecute the wor true to alin(ent< rade< le>els and di(ensions as shown inthe drawin and as directed -y the +nineerDs re#resentati>e and shall chec these at freEuentinter>als! 'he Contractor shall #ro>ide all facilities lie la-our and instru(ents and shall coo#erate with the +nineerDs re#resentati>e to chec all alin(ent< rades< le>els and di(ensions!If< at any ti(e< durin the #roress of the wors any error shall a##ear or arise in any #art of thewor< the Contractor< on -ein reEuired so to do -y the +nineerDs re#resentati>e shall< at hisown cost rectify such errors< to the satisfaction of the +nineerDs re#resentati>e! Such checin

shall not a-sol>e the Contractor of his own res#onsi-ility of (aintainin accuracy in the wor!'he Contractor shall carefully #rotect and #reser>e all -ench (ars< siht rails< #es and otherthins used in settin out the wor!

20831 C+(*&a"ce T+ E"!&"eerB) I")ruc&+") , 'he +nineer shall direct the order inwhich the se>eral #arts of the wors shall -e eecuted and the Contractor shall eecute withoutdelay all orders i>en -y the +nineer fro( ti(e to ti(eM -ut the Contractor shall not -e relie>edthere-y fro( res#onsi-ility for the due #erfor(ance of the wors in all res#ects!

20832 A*era&+") T+ He Au;+r&e# , @o alterations in or additions to or o(issions ora-andon(ent of any #art of the wors shall -e dee(ed authorised< ece#t under instructionsfro( the +nineer< and the Contractor shall -e res#onsi-le to o-tain such instructions in eachand e>ery case in writin fro( the +nineer!

20839 E$ra .+r/) , Should wors o>er and a-o>e those included in the contract reEuire to-e eecuted at the site< the contractor shall ha>e no riht to -e entrusted with the eecution ofsuch wors which (ay -e carried out -y another contractor or contractors or -y other (eans atthe o#tion of the Railway!

20834 Searae C+"rac) I" C+""ec&+" .&; .+r/) , 'he Railway shall ha>e the rihtto let other contracts in connection with the wors! 'he Contractor shall afford other contractorsreasona-le o##ortunity for the storae of their (aterials and the eecution of their wors andshall #ro#erly connect and coordinate his wor with theirs! If any #art of the Contractors worde#ends for #ro#er eecution or result u#on the wor of another contractor9s:< the Contractorshall ins#ect and #ro(#tly re#ort to the +nineer any defects in such wors that render it

unsuita-le for such #ro#er eecution and results! 'he ContractorDs failure soto ins#ect andre#ort shall constitute an acce#tance of the other contractorDs wor as fit and #ro#er for the


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rece#tion of his wor< ece#t as to defects which (ay de>elo# in the other contractorDs worafter the eecution of his wor!

218 I")ruc&+" O' E"!&"eer) Rere)e"a&e , Any instr

Documents

General Conditions of Contract July 2014 22-07-14