Visvesvaraya Technology University, Belgaum … Technology University, Belgaum Construction of Govt. Engineering College at RAICHUR in Karnataka OPEN TENDER NOTICE NO. RITES/RPO(S)/BLR/OT/06/2012

Visvesvaraya Technology University, Belgaum

Construction of Govt. Engineering College at RAICHUR in Karnataka

OPEN TENDER NOTICE NO. RITES/RPO(S)/BLR/OT/06/2012

dated 17.10.2012

TECHNICAL BID

Tender Document issued to : Name of the Tenderer :__________________________________________ Address _____________________________________________________________ _____________________________________________________________

Signature of Office issuing the Document with Designation and Date of issue.

RITES Ltd.

(A Govt. of India Enterprise) Regional Project Office(South),

208 & 209, Swapnalok Complex, S D Road Secunderabad – 500 003

Phone – 040 – 27818397/27841499 Fax – 27813894 E-mail – [email protected]

Site Office

3A, Bharat Apartments, 44/1, Fairfield Layout, Race Course Road, Bangalore – 560 001

Phone: 22257118/ 22280268 Fax: 22266557 E-mail – [email protected]

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RITES Ltd. Signature of the Tenderer/Bidder For & on behalf of VTU

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OPEN TENDER NOTICE NO. RITES/RPO(S)/BLR/OT/06/2012 dated 17.10.2012

NAME OF WORK:- Construction of Govt. Engineering College at Raichur for Visvesvaraya Technology University

TABLE OF CONTENT

PAGE No. Sl. No.

DETAILS

From To 1 Open Tender Notice 2 -

2 Notice Inviting Tender 3 5

3 Instruction to Tenderer 6 53

4 Conditions of Contract 54 67

5 Special Conditions of Contract 68 86

6 Technical Specifications 87 96

7 Special Conditions of Contract for Electrical

works

97 103

8 Contract Data 104 110

9 Guidelines on Banning of Business dealings 111 115

10 RITES Safety Codes

11 RITES Model Rules for Protection of Health &

Sanitary Arrangements for Workers employed

by RITES or its Contractors

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OPEN TENDER NOTICE

No. RITES /RPO(S)/ BLR /OT/06/2012 Date 17.10.2012 GGM(P), RITES Ltd. on behalf of the Registrar, Visvesvaraya Technology University, Belgaum invites sealed Tenders from the contractors who fulfill qualifying criteria stipulated in detailed tender documents for the Constructions of Govt. Engineering College at Raichur in Karnataka, Est. Cost is `̀̀̀2104.60 Lakhs (Approx.), EMD `̀̀̀21.05Lakhs, Cost of Tender Document is `̀̀̀ 17,175/- including VAT, Completion Period will be 18 months, Receipt of Request for Tender Document along with credentials is from 19.10.2012 to 31.10.2012, Date of sale of tender documents is from 20.10.2012 to 06.11.2012, Submission of tender documents and opening of technical bids is 07.11.2012 at 12.00 hrs and at 12.30 hrs respectively. Other qualifying requirements are elaborated in tender documents and can be seen on our web site www.rites.com. Addendum and corrigendum if any would be hosted on the web site only.

Group General Manager (P) RITES Ltd., RPO(South)

For and on behalf of VTU, Belgaum

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TECHNICAL BID NOTICE INVITING TENDER

No. RITES/RPO(S)/BLR/OT/06/2012 Date: 17.10.2012

Sealed Bids in two packet system (Technical and Financial Bid) are invited for the following works by Group General Manager (P), RITES Ltd., RPO(South) on behalf of the Registrar, Visvesvaraya Technology University, Belgaum from working contractors (including contractors who have executed works within the last five years reckoned from the scheduled date of opening of tender) of Government Organisations / Semi Government Organisations of Central or State Government; or of Public Sector Undertakings / Autonomous Bodies of Central or State Government; or of Public Ltd. Companies listed in Stock Exchange in India or Abroad (JV not allowed)

SN Description Total Est.

Cost of work (appx.)

Cost of Tender

Document

Earnest Money

Completion Period

1 Tender Notice No. RITES/ RPO(S)/BLR/OT/06/2012 dtd._____ Constructions of Govt. Engineering College at Raichur in Karnataka :-

`̀̀̀2104.60 Lakhs

`̀̀̀ 2104.60 Lakhs

`̀̀̀ 17,175/- including

VAT

`̀̀̀ 21.05 Lakhs

18 months (including Monsoon)

2. Tender documents are available on RITES website www.rites.com. Intending agency/firm/company to obtain/download the tender documents shall submit their Requisition form along with the required credentials from 19.10.2012 to 31.10.2012. Tender documents can also be obtained from RITES Ltd. through Sr. Dy. General Manager (C), 3A, Bharat Apartments, 44/1, Fairfield Layout, Race Course Road, Bangalore – 560 001, Phone: 22257118/ 22280268 on any working day from 20.10.2012 to 06.11.2012 (except Sunday, & Public Holidays) on payment of non-refundable Cost of `̀̀̀ 17,175/- (Including VAT) for the above mentioned work in the form of Demand Draft / Bankers cheque / pay order on any Scheduled Bank in favour of ‘RITES Ltd’ payable at Bangalore / Secunderabad. The bidder who will download the tender document from web site are required to submit the cost of tender document in the form of DD/ Bankers cheque / pay order on any Scheduled Bank as given above along with EMD. The amendments / clarifications to the tender document will also be available on the above website.

The agency/firm have to submit the requisition form for purchase /download of

tender document along with the following credentials (Details as per Annexure –I). (i) Minimum Annual Turn Over `̀̀̀ 1403.07 Lakhs (in any one of the last 5 years). As a

documentary proof self attested copies of Auditor’s Report along with Balance Sheet, Profit & Loss Statement.

(ii) Attested copy of the work done certificates for successfully completing one similar work of `̀̀̀1683.68 Lakhs or two works of `̀̀̀1052.30 Lakhs or three works of `̀̀̀841.84 Lakhs. Credential certificates issued by Government Organisations / Semi

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Government Organisations of Central or State Government; or of Public Sector Undertakings / Autonomous Bodies of Central or State Government; or of Public Ltd. Companies listed in Stock Exchange in India or Abroad shall only be considered

(iii) Self attested copy of Certificate, confirming that the applicant is working contractor or has executed any work within last five years reckoned from the scheduled date of opening of tender, issued by a Government Organisations / Semi Government Organisations of Central or State Government; or by Public Sector Undertakings / Autonomous Bodies of Central or State Government; or of Public Ltd. Companies listed in Stock Exchange in India or Abroad.

3. RITES will provisionally select and intimate those agencies whose credentials

satisfies the above criteria to download / purchase the tender document. To issue this letter agency/firm shall provide telefax number as well as E-mail Id.

4. Only those bids enclosed with the copy of the RITES’s provisional confirmation

letter for downloading / purchase of the Tender Document will be considered for opening of the Technical Bid. RITES’s Provisional conformation letter forms a part of Tender Document. To issue this letter bidder have to provide telefax number as well as E-mail id.

5. Tender documents downloaded from RITES website shall be considered valid for

participating in the tender process. During the scrutiny of downloaded tender document, if any modification / corrections etc. is noticed as compared to the original documents posted on the website, the bid submitted by such a tenderer is liable to be rejected.

6. The completed tender document shall be submitted along with prescribed EMD.

The cost of Tender form once paid is neither refundable nor transferable. 7. EMD should be in the form of Demand Draft / Bankers cheque / pay order drawn

on any Scheduled Bank in favour of ‘RITES Ltd’ payable at Bangalore/Secunderabad.

8. Bids duly completed in all respects along with the requisite amount of Earnest Money in the form of Demand Draft/ Pay Order/ Bankers cheque shall be received upto 12.00 hrs on 07.11.2012 at RITES Ltd., 3A, Bharat Apartments, 44/1, Fair Field Layout, Race Course Road, Bangalore – 560 001.

9. Technical Bids will be opened at 12.30 hrs on 07.11.2012 in the presence of the

Firms or their authorized representatives at RITES Ltd., 3A, Bharat Apartments, 44/1, Fair Field Layout, Race Course Road, Bangalore – 560 001.

10. Tenderers whose Technical Bids are found acceptable will be advised and intimated in writing, the Time, Date and place where and when the PACKET B - Financial Bid will be opened.

11. Bids shall remain valid and open for a period of 90 days from the date of opening

of bid. In exceptional circumstances, prior to the expiry of the original time limit for Bid validity, RITES may request the Bidder to extend the period of validity for a

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specified additional period. The request and the Bidder’s response shall be made in writing. A Bidder may refuse the request without forfeiting his EMD.

12. Issue of Bid Documents to the firms will not automatically mean that the firm is

qualified for the Award of the Contract. The Bidders will be required to further fulfill the Qualification Criteria given in the Bid Documents before their financial offer is entertained. No Condition / Deviation which is either additional or in modification of the Bid conditions shall be included in the Bid submitted by the firm. If the Bid contains any such condition or deviation from the Bid conditions, it will be rejected.

13. In case of any discrepancies, the provisions of this Bid Notice shall take

precedence over all other bidding documents. 14. The bid documents are not transferable. The bidders are required to put the bid in

Bid box personally or through their authorized representative. However, bid in sealed condition shall also be received by post/courier, provided that the bid is delivered before the stipulated Date and Time in RITES Ltd. 3A, Bharat Apartments, 44/1, Fairfield Layout, Race Course Road, Bangalore – 560 001. RITES Ltd. shall not be held responsible for the delay, if any, on account of late delivery or non – receipt of the same.

15. The sealed envelopes shall be super scribed by the Tender Number and name of

work. 16. RITES Ltd does not bind itself to accept lowest or any other bid and reserves the

right to reject lowest or any other bid or all the bids and accept any bid either in the whole or in part without assigning any reason whatever. Also RITES Ltd. reserve the right to cancel the Tender Process and reject all tenders, at any time prior to the award of Contract, without thereby incurring any liability to the affected tenderers or any obligations to inform the affected tenderers of the grounds for the Employer’s action. Conditional offers will be summarily rejected.

17. In case the date of opening of the bids as mentioned above is declared to be

closed holiday, the bids shall be received and opened on the next working day at the same time & venue.

18. All tenders in which any of the prescribed conditions is not fulfilled or any required

document is not enclosed, the bids shall be summarily rejected. Incomplete tenders are liable for rejection. If any particular query is not relevant, it should be stated as ‘Not Applicable’.

19. Language for submission of application should be in English.

Group General Manager (P)

RPO South, RITES Ltd. For and on behalf of

VTU, Belgaum

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RITES Ltd. Signature of the Bidder For & on behalf of VTU

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INSTRUCTIONS TO TENDERERS

1.0 GENERAL 1.1 Tender Notice

Percentage/Item Rate Open Tenders in two packet system are invited by GGM(P), RPO(South), RITES Ltd., Secunderabad, a Public Sector Enterprise under the Ministry of Railways, acting for and on behalf of the Registrar, Visvesvaraya Technology University, Belgaum as an Agent and Power of Attorney Holder, from working contractors (including contractors who have executed works within the last five years reckoned from the scheduled date of opening of tender) of Government Organisations / Semi Government Organisations of Central or State Government; or of Public Sector Undertakings / Autonomous Bodies of Central or State Government; or of Public Ltd. Companies listed in Stock Exchange in India or Abroad (JV firms are not allowed) for the construction of Govt. Engineering College at Raichur in Karnataka for VTU

(Note : Through out these bidding document, the term ‘bid’ and ‘tender’ and their derivation are synonymous.)

1.2 Estimated Cost of Work

All works in total estimated to Cost of `̀̀̀ 2104.60 Lakhs (appx.). This Estimate, however, is given merely as a rough guide.

1.3 Time for Completion

The time followed for completion of the work will be 18 months (including monsoon) from the 15th day after the date of issue of Letter of Acceptance or from the date of handing over of the site, whichever is later, in accordance with the phasing, if any, indicated in the Tender Documents.

1.4 Brief Scope of Work : Construction Govt. Engineering College at Raichur in

Karnataka for VTU 1.5 Availability of Site The sites for the works are available. 1.6 Basic conditions for issue of Tender Document :- 1.6.1 The Tender Document will be issued to any Contractor who satisfies the following

conditions. i) He should have deposited the Cost of Tender Document as stipulated in Para

No. 5.2 of Instructions to Tenderers.

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Only those agencies/firms/companies who have submitted their requisition along with the credentials as stated in Para 2 of Notice Inviting Tender for issue of Tender document and in receipt of the RITES provisional confirmation letter can purchase/download the tender document. The tenderer who is in receipt of RITES Provisional confirmation letter and choose to download the tender document shall deposit the cost of tender documents along with submission of tender, failing which his tender shall not be considered.

The cost of tender documents shall be deposited in the form of separate Demand Draft /Pay order and enclosed in the envelope containing the Earnest Money Deposit and RITES provisional confirmation letter. The amendments / clarifications to the Tender Document will also be available on the above web site only.

However, Tenderers who have downloaded the Tender document from RITES

website (www.rites.com) will not be liable to submit the tender document with out RITES Provisional Confirmation letter as specified in Para 3 of Notice Inviting Tender.

1.6.2 The intending tenderers are advised to note that Tenders being invited are in Two

Packet System, Financial Bids of only those tenderers whose Technical Bids are qualified by RITES shall be opened and evaluated. The Technical Bids of only those Tenderers who have deposited the requisite Earnest Money in an acceptable form will be opened.

2.0 QUALIFICATION CRITERIA TO BE SATISFIED 2.1 The Qualification Criteria to be satisfied are given at Annexure I (Qualifying criteria

for works contract). 2.2 The documents to be furnished by the Bidder to prove that he is satisfying the

Qualification Criteria laid down should all be in the Bidder’s name, except in cases where though the name has changed, the owners continued to remain the same and in cases of amalgamation of entities.

3.0 FORMAT AND CHECK LIST FOR SUBMISSION OF INFORMATION ON

QUALIFICATION CRITERIA 3.1 The Tenderer shall furnish a Letter of Transmittal as given in Annexure II enclosing

the documents mentioned therein/listed in Annexure I. 4.0 CONTENTS OF TENDER DOCUMENT 4.1 Each set of Tender or Bidding Document will comprise the Documents listed

below: PART – 1 :- Technical Bid Packet

i) Notice Inviting Tender ii) Instructions to Tenderer, Tender & Contract Form

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iii) Conditions of Contract iv) Special Conditions of Contract v) Special Conditions of Contract for Electrical works vi) Technical Specifications vii) RITES Safety Code viii) RITES Model Rules for Protection of Health and Sanitary arrangement for workers employed by RITES or its Contractors ix) Contract Data xi) Guidelines on Banning of Business dealings xi) Drawing

The Check List of documents as per Clause No. 15. of Annexure – I (qualifying Criteria for works contract) form a part of technical bid. PART – 2 :- Financial Bid Packet

(i) Schedule of Quantities (Bill of Quantities) – Construction of Govt. Engineering College at Raichur in Karnataka (1) Civil Works (i) Part – A – KPWD - SR Items (ii) Part – B – CPWD – SR Items

(iii) Part – C - Market Rate items (2) Electrical Works (i) Part – A – KPWD - SR Items

5.0 ISSUE OF TENDER DOCUMENT

5.1 A complete set of Tender Document (Technical and Financial Bid) described in Para 4.1 above can be seen in the office of the Sr. Deputy General Manager, RITES Ltd., Site Office, 3 A, Bharat Apartments, 44/1 Fair Field Layout, Race Course Road, Bangalore - 560001 between hours of 11.00 AM and 4.00 PM every day except on Saturdays, Sundays and Public Holidays.

5.2 Tender documents are available on RITES website www.rites.com. Requisition for

issue of Tender Document along with the credentials (as given below) of the agency/firm/company will be received from 19.10.2012 to 31.10.2012. Tender Document may also be purchased from RITES Ltd. through Sr. Dy. General Manager (C), 3A, Bharat Apartments, 44/1, Fairfield Layout, Race Course Road, Bangalore – 560 001, Phone: 22257118/ 22280268 from 20.10.2012 to 06.11.2012 for a non refundable fee per set of `̀̀̀ 17,175/- (Rupees Seventeen Thousand One Hundred Seventy Five only) in the form of Demand Draft/ Pay Order/ Banker’s cheque drawn on any Scheduled Bank payable at Bangalore in favour of RITES Ltd. The bidder who will download the tender document from web site are required to submit the cost of tender document in the form of DD/ Bankers cheque / pay order on any Scheduled Bank as given above along with EMD.

The agency/firm have to submit the requisition form for purchase of tender document along with the following credentials (Details as per Annexure I).

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(i) Minimum Annual Turnover `̀̀̀ 1403.07 Lakhs (in any one of the last 5 years). As a documentary proof self attested copies of Auditor’s Report along with Balance Sheet, Profit & Loss Statement.

(ii) Attested copy of the work done certificates for successfully completing one similar work of `̀̀̀1683.68 Lakhs Or two works of `̀̀̀ 1052.30 Lakhs Or three works of `̀̀̀ 841.84 Lakhs. Credential certificates issued by Govt. Organizations/ Semi Govt. Organizations/ Public Sector Undertakings/ Autonomous bodies / Municipal Bodies/Public Ltd. Co. listed in Stock exchange in India or Abroad shall only be considered. In case of Certificate from a Public Ltd. Co. the bidder should also submit documentary proof that the Public Ltd. Co. was listed in Stock Exchange in India or Abroad when the work was executed for it.

(iii) Self attested copy of Certificate, confirming that the applicant is working contractor or has executed any work within last five years reckoned from the scheduled date of opening of tender, issued by a Government Organisations / Semi Government Organisations of Central or State Government; or by Public Sector Undertakings / Autonomous Bodies of Central or State Government; or of Public Ltd. Companies listed in Stock Exchange in India or Abroad shall be submitted.

5.3. RITES will provisionally select and intimate those agencies whose credentials

satisfies the above criteria through provisional confirmation letter to download / purchase the tender document. To issue this letter agency/firm shall provide telefax number as well as E-mail Id.

5.4 Only those agencies/firms/companies who receive the RITES provisional confirmation letter to download the Tender document, can download the tender document from RITES website and shall be considered valid for participating in the tender process. In such a case the tenderer shall deposit cost of tender documents as prescribed along with the tender document. During the scrutiny of downloaded tender document, if any modification/correction etc. is noticed as compared to the original documents posted on the website, the bid submitted by such a tenderer is liable to be rejected.

5.5 In case the bid of a tenderer who has downloaded the document from website is

accepted, the contract shall be executed in the original/manual tender document issued by this office.

5.6 Clarifications on Tender Documents

A prospective tenderer requiring any clarification on the Tender Document may notify Sr. Dy. General Manager(C), (the official nominated for this purpose) at RITES Ltd., 3 A, Bharat Apartments, 44/1, Fair Field Layout, Race Course Road, Bangalore – 1, Phone-080-22280268, 22257118 Fax – 080-22266557.

5.7 Since, Pre-Bid Meeting is not proposed to be held, request for clarifications

including request for Extension of Time for submission of Bid, if any, must be received not later than 10 (ten) days prior to the deadline for submission of tenders. Details of such questions raised and clarifications furnished will be uploaded in RITES website without identifying the names of the Bidders who had

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raised the questions. Any modification of the Tender Document arising out of such clarifications will also be uploaded on RITES website only.

6.0 AMENDMENT OF TENDER DOCUMENT 6.1 Before the deadline for submission of Tenders, the Tender Document may be

modified by RITES Ltd. by issue of Addenda/Corrigendum. 6.2 Any Addendum/Corrigendum issued shall be part of the Tender Documents and

shall be seen on RITES website www.rites.com. 6.3 To give prospective tenderers reasonable time in which to take the Addenda/

Corrigenda into account in preparing their tenders, extension of the deadline for submission of Tenders may be given as considered necessary by RITES.

7.0 TENDER VALIDITY 7.1 The Tender shall be valid for a period of 90 days from the due date for submission

of Tender or any extended date as indicated in Sub Para below. 7.2 In exceptional circumstances, prior to the expiry of the original time limit for

Tender Validity, the Employer may request that the tenderers may extend the period of validity for a specified additional period. The request and the tenderer’s response shall be made in writing. A tenderer may refuse the request without forfeiting his Earnest Money. A tenderer agreeing to the request will not be required or permitted to modify his Financial Bid but will be required to extend the validity of the Earnest Money for the period of the extension.

8.0 EARNEST MONEY 8.1 The Tender should be accompanied by Earnest Money of `̀̀̀21.05 Lakhs (Rupees

Twenty One Lakhs and Five Thousand only) in any of the forms given below:- Banker’s Cheque / Pay Order / Demand Draft payable at Bangalore/Secunderabad, drawn in favour of RITES Ltd.

8.2 Any Tender not accompanied by Earnest Money in an acceptable form shall be

rejected by the Employer as non-responsive. 8.3 Refund of Earnest Money

a) The Earnest Money of the Tenderers whose Technical Bid is found not acceptable will be returned without interest soon after scrutiny of Technical Bid has been completed by the Employer subject to provisions of Para 8.4 (b). (b)The Earnest Money of the Tenderers whose Technical Bid is found acceptable but Financial Bid is rejected will be returned without interest within 28 days of the end of Tender Validity Period subject to provisions of Para 8.4 (b).

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(c) The Earnest Money shall be refunded only through Electronic Fund Transfer. The tenderer shall submit RTGS/NEFT Mandate Form as per proforma given in Annexure VII, duly filled in.

8.4 The Earnest Money is liable to be forfeited

a) if after bid opening during the period of bid validity or issue of Letter of

Acceptance, whichever is earlier, any tenderer i) withdraws his tender or ii) makes any modification in the terms and conditions of the tender which are

not acceptable to the Employer. b) in case any statement/information/document furnished by the tenderer is found

to be incorrect or false. c) in the case of a successful tenderer, if the tenderer

i) Fails to furnish Performance Guarantee within the stipulated period specified in Clause No. 1 of Special Conditions of Contract..

ii)fails to commence the work without valid reasons within the period as specified in Schedule F after the date of issue of Letter of Acceptance or from the first date of handing over of the site, whichever is later.

In case of forfeiture of EMD as prescribed here in above, the tenderer shall not be allowed to participate in the re-tendering process of the work.

9.0 ALTERNATIVE PROPOSALS BY THE TENDERERS

The Tenderers shall submit offers which comply strictly with the requirements of the Tender Document as amended from time to time as indicated in Para 6.0 of Instructions to Tenderer (above). Alternatives or any modifications shall render the Tender invalid.

10.0 SUBMISSION OF TENDER

10.1 Two Packet System

The tenderer shall submit the Tender in original in two Packets as under:-

10.1.1 PACKET A :- PART – I - TECHNICAL BID Envelope 1 (i) Earnest Money along with RTGS / NEFT Mandate Form as per

Annexure VII duly filled in. (ii) RITES Provisional Confirmation letter. (iii) Cost of Tender in the form of DD/Bankers Cheque / Pay order

on any Schedule Bank in Favour of RITES Ltd. payable at Bangalore / Secunderabad if Document is downloaded from the website.

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Envelope 2 Part – 2 :- Technical Bid Packet

i) Notice Inviting Tender ii) Instructions to Tenderer, Tender & Contract Form iii) Conditions of Contract iv) Special Conditions of Contract v) Special Conditions of Contract for Electrical works vi) Technical Specifications vii) RITES Safety Code viii) RITES Model Rules for Protection of Health and Sanitary arrangement for workers employed by RITES or its Contractors ix) Contract Data xi) Guidelines on Banning of Business dealings xi) Drawing

The Check List of documents as per Clause No. 15 of Annexure – I (Qualifying Criteria for Works Contract) form a part of the Technical Bid: “Authority to Sign” and Qualification Information along with all enclosures /documents as per Letter of Transmittal/ Checklist given in Annexure II . As regards “Authority to Sign” Para 10.2 below may be referred to. Technical Bid including signature on Tender Form duly witnessed after filling up blanks therein. Each page of the above documents including all reports, Drawings and designs and all other relevant documents should bear the dated initials of the Applicant along with seal of the company in token of confirmation of having understood the Contents

10.1.2 PACKET B :- FINANCIAL BID Envelop -3 PART – 2 :- Financial Bid Packet



(a) Each page of the Financial Bid should be signed by the tenderer. In the last page of Financial Bid, at the end, the tenderer should sign in full with the name of the Company, Seal of the Company and Date.

(b) Each Correction, Cutting, Addition and overwriting should be initialed by the

tenderer.

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(c) In case of Percentage Rate Schedule of Quantities - Tenderer shall fill up the

Tender form, stating at what percentage below / above (in figures as well as in words) of the total estimated cost given in Schedule of Quantities.

(d) In case of Percentage Rate Schedule of Quantities - only percentage quoted

shall be considered. Any tender containing item rates is liable to be rejected. Percentage quoted by the contractor in percentage rate tender shall be accurately filled in figures and words, so that there is no discrepancy. In case any discrepancy found in percentage in figure and words then the percentage written in words shall be taken as correct.

(e) In case of Item rate Schedule of Quantities - The rates must be quoted in

decimal coinage. Amounts must be quoted in full rupees by ignoring fifty paise and less and considering more than fifty paise as rupee one.

(f) ) In the case of Item Rate Tenders Schedule of Quantities - only rates quoted shall be considered. Any tender containing percentage below / above the rates quoted is liable to be rejected. Rates quoted by the contractor in item rate tender in figures and words shall be accurately filled in so that there is no discrepancy in the rates written in figures and words. However, if a discrepancy is found, the rate quoted in figure or in words are not tallying, then the rates quoted by the bidder in words shall be taken as correct. If the amount of an item is not worked out by the bidder or it does not correspondence with the rates written either in figure or in words then the rate quoted by the bidder in words shall be taken as correct. Items of the Works for which no rate or price has been entered in, will not be paid for by the Employer and shall be deemed covered by other rates and prices in the Contract.

(g) In case of Item rate Schedule of Quantities - In the case of any tender where unit rate of any item / items appears unrealistic, such tender will be considered as unbalanced and in case the tenderer is unable to provide satisfactory explanation such a tender is liable to be disqualified and rejected.

(h) If the same item figures in more than one section / part of schedule of quantities the tenderer should quote the same rate for that item in all section / parts. If different rates are quoted for the same item, the least of the different rates quoted only shall be considered for evaluation of that item in all sections / parts of the schedule of quantities.

10.2 Authority to Sign

a) If the applicant is an individual, he should sign above his full type written name and current address.

b) If the applicant is a proprietary firm, the Proprietor should sign above his full type written name and the full name of his firm with its current address.

c) If the applicant is a firm in partnership, the Documents should be signed by all the partners of the firm above their full type written names and current addresses. Alternatively the Documents should be signed by the

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person holding Power of Attorney for the firm in the Format at Annexure III.

d) If the applicant is a limited Company, or a Corporation, the Documents shall be signed by a duly authorized person holding Power of Attorney for signing the Documents in the Format at Annexure III.

10.3 Items to be kept in mind while furnishing details

While filling in Qualification Information documents and the Financial Bid, following should be kept in mind:

i) There shall be no additions or alterations except those to comply with the instructions issued by the Employer or as necessary to correct errors, if any, made by the tenderers.

ii) Details should be typed or written in indelible ink. iii) All Corrections, Cutting, Addition and overwriting should be initialed by the

authorize person or persons. iv) Conditional Offer/ Tender will be rejected. Unconditional rebate/ discounts in

the Financial offer will however be accepted. v) The Employer reserves the right to accept or reject any conditional

rebate/discounts. While evaluating the Bid Price, the conditional rebates/discounts which are in excess of the requirements of the bidding documents or otherwise result in accrual of unsolicited benefits to the Employer, shall not be taken into account.

vi) Each page of the Bid should be signed by the tenderer along with the name of the Company, Seal of the Company and Date

10.4 Sealing and Marking of Tenders

10.4.1 Two Packet System

(a) PACKET A – TECHNICAL BID Envelopes 1,& 2 as described in Para 10.1.1 above should be sealed separately superscribing “Technical Bid” with Envelope Number, Name of the Work and Name of the Tenderer. In addition, the following should also be superscribed on the respective Envelopes. Envelope 1 Earnest Money along with RTGS / NEFT Mandate Form as per

Annexure VII duly filled in & RITES’s Provisional confirmation letter

Cost of Tender in the form of DD/Bankers Cheque / Pay order on any Schedule Bank in Favour of RITES Ltd. payable at Bangalore / Secunderabad if Document is downloaded from the website.

Envelope 2 Authority to Sign and Qualification information/ documents as per

checklist in Annexure II.

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Technical Bid including Drawings Both the Envelopes should be put in a Packet which should be sealed. The following should be superscribed on the Packet: i) Packet A – Technical Bid ii) Name of the Work iii)Name of the Tenderer (b) PACKET B – FINANCIAL BID Envelope 3 as described in Para 10.1.2 above should be sealed separately superscribing “Financial Bid” and “Schedule of Quantities” respectively and put in a Packet B (Envelope 3) which should be sealed. The following should be superscribed on the Packet. i) Packet B (Envelope 3) – Financial Bid ii) Name of the Work iii) Name of the tenderer (c) Both Packets A and B should be put inside an outer Envelope and sealed. This Envelope should be superscribed with the following details: i) Tender for (Name of Work) ii) Tender Number iii) Date and Time of opening of Tender iv) From (Name of tenderer) v) Addressed to

10.4.1 If the envelopes and packets are not superscribed and sealed as indicated above, the Employer will assume no responsibility for the misplacement or premature opening of the Tender.

10.5 Deadline for submission of Tender

10.5.1 Tenders must be received by the Employer at the following address not later

than 12.00 Hrs. on 07.11.2012. In the event of the specified date for the submission of the Tender being declared a holiday by the Employer, the Tenders will be received up to the appointed time on the next working day.

Address for submission of Tender: RITES Ltd., 3 A, Bharat Apartments, 44/1, Fair Field Layout, Race Course Road, Bangalore – 1

10.5.2 The Employer may extend the deadline for submission of Tenders by issuing an amendment in writing in accordance with Para 6.3 in which case all rights and obligations of the Employer and the tenderer previously subject to the original deadline will be subject to new deadline.

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10.5.3 In case the date of Submission of the bids as mentioned above is declared to be

closed holiday, the bids shall be received and opened on the next working day at the same time & venue.

10.5.4 Late Tender / Delayed Tender Any Tender received by the Employer after the specified date and time of receipt

of tender will be returned unopened to the tenderer. 11.0 Modification and Withdrawal of Bids 11.1 Tenderers may modify or withdraw their bids by giving notice in writing before the

deadline prescribed in para 11.5 for submission of Bids. 11.2 Each modification or withdrawal notice shall be prepared, sealed, marked and

delivered in accordance with paras 11.1, 11.2 and 11.4 with the outer envelopes additionally marked ‘Modification’ or ‘Withdrawal’ as appropriate.

The envelopes for modifications on ‘Technical Bid’ and ‘Financial Bid’ shall be submitted in separate sealed envelopes and marked as ‘Modifications of Technical Bid’ or ‘Modifications of Financial Bid’ as the case may be.

11.3 No bid may be modified after the deadline for submission of Bids except as

indicated below. If a Bidder makes a suo moto offer of rebate / discount in his Financial Bid after the deadline for submission of Bids, such offer will not be considered for Financial evaluation of Tenders. But if the Tenderer is successful in the Bid based on his original offer without considering the suo moto offer, the rebate / discount offered will be taken into account for incorporation in the Contract Agreement.

11.4 Withdrawal or modification of a Bid, subject to provisions in Para 11.8.3 above,

after the deadline for submission of Bids shall result in forfeiture of the Earnest Money.

12.0 TENDER OPENING, EVALUATION AND CLARIFICATIONS OF APPLICATIONS

12.1 The Employer will open all the Tenders received (except those received late or

delayed)as described in para 12.2 below, in the presence of the Tenderers or their representatives who choose to attend at 12.30 hrs. on 07.11.2012 in the office of “RITES Ltd., 3 A Bharat Apartments, 44/1, Fair Field Layout, Race Course Road, Bangalore – 1”. In the event of the specified date of the opening being declared a holiday by the Employer, the Tenders will be opened at the appointed time and location on the next working day.

12.2 Two Packet System (a) The PACKET A will be opened and Envelope 1 containing “Earnest Money and

RITES provisional confirmation letter of all the Tenderers will be opened first

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and checked. If the Earnest Money furnished is not for the stipulated amount or is not in an acceptable form and the RITES provisional confirmation letter is not enclosed then the Envelope 2 of PACKET A (TECHNICAL BID) and PACKET B will be returned to the tenderer concerned unopened at the time of opening of the Tender itself. The Envelopes 2 of PACKET A (TECHNICAL BID) of other Tenderers who have furnished Earnest Money of correct amount in acceptable Form and RITES provisional confirmation letter will then be opened. The tenderer’s name, the presence of Earnest Money and Authority to sign and such other details as the Employer may consider appropriate will be announced by the Employer at the time of opening of Packet A. PACKET B (FINANCIAL BID) of the Tenderers whose Technical Bids have been accepted for evaluation will be checked if the seals are intact. All such PACKETS B will be put in an Envelope and sealed. The Employer’s official opening the Tender will sign on this Envelope and will also take the signatures of two or three Tenderers or their representatives present. This Envelope will be kept in safe custody by the Employer.

(b) The Employer will scrutinize the Technical Bids accepted for evaluation to

determine whether each Tenderer (i) has submitted `Authority to sign’ as per para 10.2 above. (ii) meets the Qualification Criteria stipulated in Para 3.0 and (iii) conforms to all terms, conditions and specifications of the Tender Document

without any modifications or conditions. (c) If required, the Employer may ask any such tenderer for clarifications on his

Technical Bid. The request for clarification and the response from the tenderer will be in writing. If a tenderer does not submit the clarification/document requested, by the date and time set in the Employer’s request for clarification, the bid of such tenderer is likely to be rejected. Tenderers whose Technical Bids are not found acceptable will be advised of the same and their Earnest Money and PACKET B (FINANCIAL BID) will be returned unopened. Tenderers whose Technical Bids are found acceptable will be advised and intimated in writing, the Time, Date and place where and when the PACKET B - Financial Bid will be opened

(d) At the appointed place, time and date, in the presence of the Tenderers or their

representatives who choose to be present, the Employer will open the envelopes containing the Packet – B - FINANCIAL BID. The Tenderer’s name, the tender amount quoted and such other details as the Employer may consider appropriate will be announced by the Employer.

13.0 INSPECTION OF SITE AND PROCEDURES TO BE FOLLOWED FOR THE

TENDER BY THE TENDERERS Tenderers are advised to inspect and examine the site and its surroundings and

satisfy themselves before submitting their tenders, the form and nature of the site, the means of access to the site, the accommodation they may require and in general shall themselves obtain all necessary information as to risks, contingencies and other circumstances which may influence or affect their tender. A tenderer

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shall be deemed to have full knowledge of the site whether he inspects it or not and no extra charges consequent on any misunderstanding or otherwise shall be allowed. The tenderer shall be responsible for arranging and maintaining at his own cost all materials, tools & plants, water, electricity, access, facilities for workers and all other services required for executing the work unless otherwise specifically provided for in the contract documents. Submission of a tender by a tenderer implies that he has read this notice and all other contract documents and has made himself aware of the scope and specifications of the work to be done and of conditions and rates at which stores, tools and plant etc. will be issued to him by the Employer and local conditions and other factors having a bearing on the execution of the work. The procedures to be followed by the tenderers will be as per Para 17 of Instructions to Tenderer.

14.0 EMPLOYER’S RIGHT ON ACCEPTANCE OF ANY TENDER

(i) If required, the Employer may ask any tenderer the breakdown of unit rates. If the tenderer does not submit the clarification by the date and time set in the Employers request for clarification, such tender is likely to be rejected.

(ii) The competent authority on behalf of the Employer does not bind himself to accept the lowest or any other tender and reserves to himself the authority to reject any or all the tenders received without the assignment of any reason. All tenders in which any of the prescribed conditions is not fulfilled or any condition is put forth by the tenderer shall be summarily rejected.

15.0 CANVASSING PROHIBITED Canvassing whether directly or indirectly, in connection with tenders is strictly

prohibited and the tenders submitted by the Contractors who resort to canvassing will be liable to rejection.

16.0 EMPLOYER’S RIGHT TO ACCEPT WHOLE OR PART OF THE TENDER The competent authority on behalf of the Employer reserves to himself the right of

accepting the whole or any part of the tender and the tenderer shall be bound to perform the same at the rate quoted.

17.0 MISCELLANEOUS RULES AND DIRECTIONS 17.1 The tenderer shall not be permitted to tender for works if his near relative is posted

as Associated Finance Officer between the grades of AGM(F) and AM (F) in the concerned SBU Unit or as an officer in any capacity between the grades of GGM/GM and Engineer (both inclusive) of the concerned SBU of the Employer. He shall also intimate the names of persons who are working with him in any capacity or are subsequently employed by him and who are near relatives to any Gazetted officer in the organization of the Employer. Any breach of this condition by the Contractor would render his Tender to be rejected.

No Engineer of Gazetted rank or other Gazetted Officer employed in Engineering

or Administrative duties in an Engineering Department of the Organisation of the

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Employer is allowed to work as a contractor for a period of one year after his retirement from the Employer’s service without the previous permission of the Employer in writing. The contract is liable to be cancelled if either the Contractor or any of his employees is found any time to be such a person who had not obtained the permission of the Employer as aforesaid before submission of the tender or engagement in the Contractor’s service.

17.2 If required by the Employer, the Tenderers shall sign a declaration under the officials Secret Act 1923, for maintaining secrecy of the tender documents drawings or other records connected with the work given to them. The unsuccessful Tenderers shall return all the drawings given to them.

17.3 Use of correcting fluid anywhere in tender document is not permitted. Such tender is liable for rejection.

17.4 a) In the case of Item Rate Tenders, only rates quoted shall be considered. Any tender containing percentage below/above the rates quoted is liable to be rejected. Rates quoted by the Tenderer in item rate tender in figures and words shall be accurately filled in so that there is no discrepancy in the rates written in figures and words. However, if a discrepancy is found, the rates which correspond with the amount worked out by the Tenderer shall unless otherwise proved be taken as correct. If the amount of an item is not worked out by the Tenderer or it does not correspond with the rates written either in figures or in words then the rates quoted by the Tenderer in words shall be taken as correct. Where the rates quoted by the Tenderer in figures and in words tally but the amount is not worked out correctly, the rates quoted by the Tenderer will, unless otherwise provided, be taken as correct and not the amount. In the event that no rate has been quoted for any item(s), leaving space both in figure (s) or word(s) and the amount blank, it will be presumed that the Tenderer has included the cost of this/ these item (s) in other items and rate for such item (s) will be considered as zero and work will be required to be executed accordingly.

b) In case of percentage Rate Tender only percentage quoted shall be considered. Any tender containing item rates is liable to be rejected. Percentage quoted by the Tenderer in percentage rate tender shall be accurately filled in figures and words so that there is no discrepancy. If, for any Schedule in Financial Bid, the total amount has been indicated by the Tenderer and if discrepancy is noticed in the percentages quoted in words and figures, then the percentage which corresponds with the total amount, shall, unless otherwise proved be taken as correct. If the total amount is not worked out or if worked out, it does not correspond with the percentages written either in figures or in words, then the percentage quoted by Tenderer in words shall be taken as correct. When the percentages quoted by the Tenderer in figures and in words tally but the total amount is not worked out correctly, the percentage quoted by the Tenderes shall be taken as correct, unless proved otherwise and the total amount worked out accordingly.

17.5 In the case of any Item rate tender where unit rate of any item/items appears unrealistic, such tender will be considered as unbalanced and in case the Tenderer is unable to provide satisfactory explanation, such a tender is liable to be disqualified and rejected.

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17.6 (a) In Item rate Tender, all rates shall be quoted on the tender form. The amount for each item should be worked out and requisite totals given. Special care should be taken to write the rates in figures as well as in words and the amount in figures only, in such a way that interpolation is not possible. The total amount in each Schedule should be written both in figures and in words. In case of figures, the word ‘Rs.’ should be written before the figure of rupees and word ‘P’ after the decimal figures, e.g. Rs.2.15 P and in case of words, the word, ‘Rupees’ should precede and the word ‘Paise’ should be written at the end. Unless the rate is in whole rupees and followed by the word ‘only’ it should invariably be up to two decimal places. While quoting the rate in schedule of quantities, the word ‘only’ should be written closely following the amount and it should not be written in the next line.

(b) In Percentage Rate Tender, the Tenderer shall quote percentage below / above (in figures as well as in words) at which he will be willing to execute the work. He shall also work out the total amount of his offer and the same should be written in figures as well as in words in such a way that no interpolation is possible. In case of figures, the word “Rs” should be written before the figure rupees and word ‘P’ after the decimal figures (eg.) Rs.2.15 P and in case of words the word “Rupees” should precede and the word “Paisa” should be written at the end.

17.7 The Percentage/Item Rate Tender shall be for execution of finished item of work, which include cost of all materials, consumables, labours, plants, equipment, machineries, transportation of materials to site, loading, unloading, testing of materials and works, sample for testing, all taxes, duties, royalties, contractor over heads, profit etc. on complete the item as per stipulated in KPWD SR 2012-13 specification and description.

17.8 The tender for the work shall not be witnessed by a Contractor or Contractors who himself/themselves has/ have tendered for the same work. Failure to observe this condition would render tenders of the Contractors tendering, as well as witnessing the tender, liable to summary rejection.

17.9 The contractor’s responsibility for this contract shall commence from the date of commencement as stipulated in the work order.

(a) The maintenance period for these works shall be the defects liability period as

stipulated in Clause No. 3 of Special Conditions of Contract. (i) This contract include waterproofing treatment and Anti-termite Treatment etc.

the maintenance period for the same shall be as per the guarantee period stipulated as 5 years as per Clause No. 16 of Special Conditions of Contract.

(b) During the above maintenance period the contractor shall be responsible to make

good, free of cost, of all defects or damages which are due to defective workmanship / use of substandard materials. If the contractor fails to make good such defects or damages even after intimation to him within a reasonable time, RITES shall get the same rectified as deemed fit at the contractor risk and the expenditure incurred by RITES shall be recovered from any bills or deposits of the contractor either pertaining to this contract or from any other contracts or in case

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any such sum being insufficient or not available for the recovery / deductions the expenditure incurred by RITES shall be deemed as debt due.

17.10 The contractor desires to entrust his affair to any person or agent, a power of

attorney duly authorized by Magistrate / Notary / Court / Judge in favour of such person / agent, shall be submitted to RITES, acceptance of which shall be at the discretion of Accepting Officer.

17.11 The tenderer are required to verify the tender documents received by them as to

their completeness in all respects and satisfy themselves before submitting the same. If any short receipt of pages or otherwise defective, the same shall be brought to the notice of the authority issuing the tender immediately and within seven days from issuing the tender document. If no such defects are reported, it shall be deemed that the tenderer, received the said documents without any defects and no complaint whatsoever in this regard shall be entertained after opening of tenders.

17.12 If tenderer gives wrong information in his tender or create conditions favourable

for acceptance of his tender, the accepting officer reserves the right to reject such tender at any stage and forfeit the earnest money. The accepting officer shall be at liberty to foreclose the contract at any point.

17.13 Tenderer has to fill all required relevant details only as per the Proformas

specified for each qualifying criteria, Proformas should not be changed. 18.0 SIGNING OF CONTRACT AGREEMENT 18.1 The tenderer whose tender has been accepted will be notified of the award by the

employer by issue of a `Letter of Acceptance’ ‘ prior to expiration of the Bid Validity period, in the form at Annexure IV. Within the fifteen days of the date of issue of Letter of Acceptance, the successful tenderer shall deliver to the Employer, Performance Guarantee as per Clause 1.0 of Special Conditions of Contract.

The Letter of Acceptance will be sent to the Contractor in two copies one of which

he should return promptly, duly signed and stamped. The Letter of Acceptance will be a binding Contract between the Employer and the Contractor till the formal Contract Agreement is executed.

18.2 On acceptance of the tender, name of the accredited representative of the

contractor who would be responsible for taking instructions from the Engineer-in-charge shall be communicated by the contractor

18.3 The tenderer whose tender is accepted shall be required to submit stamp papers of

` 200/- as per the provisions of Indian Stamp Act within 15 days of the date of issue of Letter of Acceptance. The cost of the stamp papers shall be borne by the tenderer.

18.4 At the same time the Employer notifies the successful tenderer that his tender has been accepted, the Employer will direct him to attend the Employer’s office

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within 28 days of issue of Letter of Acceptance for signing the Agreement in the proforma at Annexure V. The Agreement will however be signed only after the Contractor furnishes Performance Guarantee with in the time stipulated in Clause No. 1 of Special Conditions of Contract / Contract data.

19.0 CORRUPT OR FRADULENT PRACTISES 19.1 The RITES requires that the Tenderers/Suppliers/Contractors, observe the highest

standard of ethics during the procurement and execution of such contracts. In pursuance of this policy, RITES : (a) will reject a proposal for award if it determines that the Tenderer recommended

for award has engaged in corrupt or fraudulent practices in competing for the contract in question;

(b) will declare a firm ineligible, either indefinitely or for a stated period of time, to be awarded a RITES Ltd. contract if it at any time determines that the firm has engaged in corrupt or fraudulent practices in competing for, or in executing, a RITES contract.

19.2 Furthermore, Tenderers shall be aware of the provision stated in sub-clause 50.2 of

the Conditions of Contract. 20.0 EXECUTION OF THE PROJECT 20.1 General

(a) The contractor shall submit detail program chart (PERT chart) for the execution of the project which will be approved by RITES after verification and scrutiny. (b) The agency shall bound to the execute of the work by adhering strictly to the item specifications, technical specification of KPWD/CPWD within the time frame of the contract. For Non-Schedule items, Clause 5.1 of Special Condition of Contract implies. (c)The entire work has to be executed under the technical supervision of RITES technical personnel. The contractor has to maintain all site records and registers as instructed by RITES from time to time. Any lapse in maintaining the site records / registers, contractor will be solely responsible for the same.

(d) The contractor shall execute shall execute with care and diligence & maintain

the works and execute the structures as per the drawings. The contractor shall take full responsibility for adequacy, suitability and safety of all works and methods of constructions.

(e) The steel to be used for construction is TMT Fe 415 confirming BIS – 1786-

2008. The Cement to be used is OPC 43 Grade (confirming to IS 8112). 21.0 TERMS OF PAYMENT

(a) Running account bill will be submitted by the agency/firm/company with the detailed measurements in soft and hard copy. The hard copy will be treated as measurement books or otherwise measurements have to be entered in the

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Measurement Books. Payment shall be restricted to the value of work based on cumulative measurements without any reference to stage as completed upto the claim date and rates quoted. Any variations in the drawing and items as per the instructions of RITES Ltd. in writing will be dealt as per Conditions of Contract.

(b) The Agency/Firm/Company shall, when required by the RITES Ltd. furnish

promptly all relevant documents; vouchers, returns etc so as to assist the Engineer in the preparation of certificates.

(c) In special cases where the agency/firm/company makes a written request, the

Engineer in Charge may consider recommending to competent authority 75% of the RA Bill amount as Adhoc Advance Payment pending Technical Check. If subsequent Technical Check shows grave irregularities in the RA Bill, this facility of Adhoc Advance payment on RA Bills shall be withdrawn to the agency/firm/company for that work.

22.0 SPECIAL CONDITIONS

(a) The rates quoted shall remain firm. The approximate estimate value indicated in the tender is not guarantee and is merely given as a rough guide. Tenderer shall not have any claim whatsoever on that account.

(b) RITES reserves the right to terminate the contract at any time after acceptance of the tender and also if RITES decides to abandon or reduce the scope of work for any reason whatsoever and hence not required the whole or any part of the works to be carried out, the Engineer-in-Charge shall give notice in writing to that effect to the agency. The compensation if any payable for such foreclosure of work will be discussed mutually between RITES and agency settled after taking into account considering the loss suffered by the agency on account of the foreclosure of the contract. The agency shall have no claim to any payment of compensation or otherwise whatsoever on account of any profit or advantages which he might have derived consequently on foreclosure of the whole or part of the works. RITES shall have the option to take over the agency materials or any part thereof.

(c) The amount of compensation payable to the agency due to foreclosure will be decided by the competent authority of RITES.

(d) If the agency commits any breach of any terms of this contract, RITES shall also be entitled to terminate the contract and on such termination, the remuneration payable to the agency shall be only in proportion to the services rendered by them till that date after recovery of losses suffered by RITES.

(e) The agency shall further keep RITES indemnified and harmless against any claims or liabilities arising out of eventualities in connection with the workmen or any member engaged by or under the workmen’s compensation act or any other provision of law statutory or otherwise. Any expenditure incurred by RITES in this connection shall be fully reimbursed by the agency.

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23.0 All the mandatory tests have to be carried out as per IS requirements of as per the directions of engineer-in-charge, charges shall be borne by the Contractor.

24.0 Process to be confidential

Information relating to the examination, clarification, evaluation, and comparison of Tenders and recommendations for the award of a contract shall not be disclosed to Tenderers or any other persons not officially concerned with such process until the award to the successful Tenderer has been announced. Any effort by a Tenderer to influence the Employer's processing of Tenders or award decisions may result in the rejection of his Tender.

25.0 Advance Payment and Security

The Employer will provide an advance payment on the contract price as stipulated in the Conditions of Contract, subject to the maximum amount as stated in the Contract Data.

26.0 Performance Guarantee A Performance Guarantee equivalent to 5% of the Contract value has to be

submitted by the successful tenderer within the stipulated time as per the Clause No. 1 of Special Conditions of Contract / Contract Data.

27.0 Security Deposit An amount of 5% will be with held in the Running Bills to be paid to the

contractor, for a total amount of 5% of the work executed. The same has been referred in Clause No. 2 of Special Conditions of Contract.

28.0 In evaluating the Tenders, the Employer will determine for each Tender the

evaluated Tender Price by adjusting the Tender Price as follows: (a) making any correction for errors pursuant to Clause 17.0 of Instructions to

Tenderer and (b) making appropriate adjustments to reflect discounts or other price modifications offered in accordance with Clause 17 of Instructions to Tenderer.

29.0 The Employer will evaluate and compare only the Tenders who are technically

qualified. 30.0 RITES RESERVE THE RIGHT TO AWARD OR REJECT ANY OFFER

WITHOUT ASSIGNING ANY REASON. NO CLAIM ON THIS ACCOUNT WILL BE ENTERTAINED.

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ANNEXURE I

QUALIFYING CRITERIA FOR WORKS CONTRACT A. Essential Eligibility Criteria shall be as under : 1. Earnest Money Deposit – as per Clause No. 8.0 of Instructions to Tenderers

and RITES’s provisional confirmation letter. 2. Annual Financial Turnover

The bidder should have achieved a minimum annual financial turnover of `̀̀̀1403.07 Lakhs in any one of the last 5 financial years.

The Minimum Annual Turn Over in any one of the last five financial years should be fixed as under: 1.0 x Estimated Cost of works x 12 = --------------------------------------------- Completion time in months Notes :

- The financial turnover will be taken as given under the head “Income” in audited Profit and Loss Account and excluding non-recurring income, income from other sources and stock.

- Weightage of 5% (compounded annually) shall be given for equating the financial turnover of the previous years to the current year.

- For considering the financial years, for example for a work for which the tender is being opened in financial year 2012-13, the last five financial years shall be 2011-12, 2010-11, 2009-10, 2008-09 and 2007-08. For a tender opened on (say) 04.04.2012 (F.Y. 2012-13), with weightage of 5% compounded annually, the weightages to be applied on the Turnover of the previous Five Financial Years will be : F.Y. 2011-12 = 1.050; F.Y. 2010-11 1.103; F.Y. 2009-10 = 1.158; F.Y. 2008-09 = 1.216; F.Y. 2007-08 = 1.276.

- The tenderer should submit self attested copy of Auditor’s Report along with Balance Sheet and Profit and Loss statement along with Schedules for the relevant financial year in which the minimum criterion is met. Provisional audit reports or certified statements shall not be accepted.

- If the Audited Balance Sheet for the immediately preceding year is not available in case of tenders opened before 30th Sept., audited Balance Sheets, Profit and Loss statements and other financial statements of the five financial years immediately preceding the previous year may be adopted for evaluating the credentials of the bidder.

- Closing stocks in whatsoever manner should not form part of turnover.

- In case JV, the Partner-in-charge /Lead Member shall singly meet this criterion.

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3. Work Experience a) Similar Works Experience

The bidder should have satisfactorily completed, in his own name, at least one similar work of minimum value of `̀̀̀ 1683.68 Lakhs (80% of the estimated cost of the work) OR two works each of minimum value of `̀̀̀ 1052. 30Lakhs (50% of

the estimated cost of the work) OR three works each of minimum value of `̀̀̀841.84Lakhs (40% of the estimated cost of the work) during the last 5 (five) years prior to the date of submission of the bid. Works completed prior to the cut off date shall not be considered.

Similar Work : Similar works shall mean the work of :- Building works and allied civil works

Notes :

- A weightage of 5% (compounded annually from the date of completion of the work to the submission of the bid) shall be given for equating the value of works of the previous years to the current year.

- Only such works shall be considered where physical completion of entire work is over or commissioning of work has been done, whichever is earlier.

- The bidder should submit the details of such similar completed works as per the format at Proforma-1 enclosed. The value of work executed should be inclusive of the value of free supply items and escalation amount, if any.

- Works carried out by another Contractor on behalf of the Bidder on a back to back basis will not be considered for satisfaction of the Qualification Criterion by the Bidder.

- Credential certificates issued by Government Organisations / Semi Government

Organisations of Central or State Government; or of Public Sector Undertakings / Autonomous Bodies of Central or State Government; or of Public Ltd. Companies listed in Stock Exchange in India or Abroad shall only be accepted for assessing the eligibility of a Tenderer.

- The cut off date shall be calculated backwards from the date of submission/opening of tender i.e. for a tender which is being opened on 07.11.2012, the cut off date shall be 08.11.2007.

b) Construction Experience in key activities/specified components – Not Applicable.

To qualify for award of the contract, each Bidder in his own name should have, in the last five Years prior to the last stipulated date for submission of the Bid, executed the following key activities in any one work* (* Strike out whichever is not applicable).

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………………………………………………………………………………………………………………………………………………………………………………………………

(Ideally only very few and that too, specialized components of the work may be specified at the discretion of NIT approving authority).

Notes:

- The work satisfying the criterion for a particular key activity may be

different from a work satisfying the criterion for another key activity. - The Bidder should furnish with his Bid a tabular statement giving contract-

wise quantities of key activities / specialised components executed in the last 5 years which meet the Qualification Criterion along with documentary proof in support thereof (indicating page nos.).

- Even if a work has not been completed but if the specified quantity of the key activity has been completed, the same shall be taken into consideration for the purpose of this criterion.

- Any work executed by the Bidder as a member of a Joint Venture will be accepted provided there is documentary proof in support of the same either in the MOU/ Agreement of the JV or in a declaration by the other Members of that JV or the Client confirming that the specialized work was actually executed by the Bidder.

- In case JV, all the partners shall jointly meet this criterion. 4. Solvency Certificate

A Solvency Certificate of minimum solvency of `̀̀̀841.84 Lakhs (Suggested format at Proforma 2) from a Nationalized or a Scheduled Bank issued not earlier than 6 months from the last date of submission of tender is required to be submitted by the bidder.

Notes:

- The certificate so produced by the Bidder may be got verified from the issuing Bank.

5. Profitability

The applicant firm shall be a profit (net) making firm and shall made profit in each of the last two Financial years and in atleast one out of the three Financial Years immediately preceding the last two Financial years.

The Bidder should furnish figures of net profit of last 5 years in a tabular form and submit attested copies of Auditor’s Reports along with audited Balance Sheets and Profit and Loss Statements for the last Five Financial Years. In case the firm is profit making for the last three Financial Years continuously, the Bidder may submit the above documents for last three Financial Years only. Specific reference with page no. of document which proves satisfaction of this Qualifying Criterion should be indicated in the tabular statement.

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6. Declaration of the Bidder

Even though the bidders may meet the above qualifying criteria, they are subject to be disqualified if they have a) Made misleading or false representation in the forms, statements and

attachments in proof of the qualification requirements. In such a case, besides tenderer’s liability to action under para 8.4 of Instructions to Tenderers, the tenderer is liable to face the penalty of banning of business dealing with him by RITES.

b) Records of poor performance such as abandoning the work, not properly completing the contract, inordinate delays in completion, litigation history or financial failures etc.

c) Their business banned by any Central/State Government Department/ Public Undertakings or Enterprises of Central/State Government.

d) Not submitted all the supporting documents or not furnished the relevant details as per the prescribed format.

e) A declaration to the above effect in the form of affidavit on stamp paper of `200/- duly attested by Notary/Magistrate should be submitted as per format given in Proforma 3 enclosed.

7. Attested copy of PAN Card issued y Income Tax Department, copy the Sale Tax

Registration Certificate issued by Sales Tax Department and copy of the Certificate or Registration of TIN Number

8. Availability of Technical Personnel - Details shall be furnished as per Proforma

4. Curriculum Vitae may please be submitted as per the format enclosed at Proforma 4 A.

(a) Principal Technical representative : – 1 No.

A Civil Engineering Graduate with minimum of 10 years of experience in building construction works to co-ordinate between RITES Ltd. and their site office. He shall have computer proficiency. He shall have proficiency in usage of Project Management Software.

(b) Technical Representative(civil) – 1 Nos.

A Civil Engineering Graduate with minimum of 3 years of experience / Diploma in Engineering with 5 years experience in building construction works. He should have executed a project of similar magnitude and nature. He shall have computer proficiency. He shall have proficiency in usage of Project Management Software.

(c) Electrical Engineer – 1 No.

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29

A Electrical Engineer Graduate with a minimum of 2 years of experience in Construction of building works or Diploma in Electrical Engineering with a minimum of 5 years experience.

(d) Site Engineers – 2 Nos.

A Civil Engineering Graduate with minimum of 2 years of experience / Diploma in Engineering with 5 years experience in building construction works. He should have executed a project of similar magnitude and nature. He shall have computer proficiency. He shall have proficiency in usage of Project Management Software.

9. Availability of construction equipments as per Proforma 5. Details shall be

furnished as per Proforma -5.

10. Details of ongoing Projects

The applicant should submit the details of similar nature of on going Projects as per the Proforma –6.

11. Litigation History

The applicant should submit the Litigation History as per the Proforma - 7.

12 Authority to sign

The applicant should submit the Power of Attorney in favour authorized signatory as per the Annexure – III

13. Methodology

The proposed methodology and program of construction, backed with equipment planning and deployment, duly supported with broad calculations and quality control procedures proposed to be adopted, justifying their capability of execution and completion of the work as per technical specifications within the stipulated period of completion as per milestones.

14. POINTS TO NOTE ON SATISFACTION OF QUALIFYING CRITERIA IN CASE

OF NORMAL WORKS

a) Sub-Contractor’s Experiences and Resources Sub-Contractors’ Experiences and Resources will not be taken into

account in determining the Bidder’s compliance with the qualifying criteria.

b) Experiences and Resources of the Parent Company and other

subsidiary companies

If the Bidder is a wholly owned subsidiary of a company, the experience and resources of the owner/parent company or its other subsidiaries will not be taken into account. However, if the Bidder is a Company, the

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30

Experience and Resources of its subsidiaries will be taken into consideration.

Only those bidders who satisfies with the qualifying criteria from (1) to (13) above will be qualified technically. 15. Check list of Documents to be submitted for Technical Bid

i) Earnest Money Deposit & RITES Provisionally Confirmation letter ii) Annual Turnover

a) Self Attested copies of Auditor’s Report along with the Balance Sheet and Profit and Loss Statement for the relevant financial year in which the minimum criterion is met (Refer Notes under Para 2 above)

iii) Work Experience

• Similar Work Experience : Proforma 1 of Annexure – I with details of 1, 2 or 3 works as the case may be, which satisfy requisite qualification criterion (Refer Para 3a above). and attested copy of work done certificate for the similar work experience

iv) Solvency Certificate.

Suggested format at Proforma 2 - Refer Para 4 above.

v) Profitability * Net profit of last 5 years in tabular form

* Self Attested copies of Auditor’s Report along with the Balance Sheet and Profit and Loss Statement for last 5 or 3 financial years, as the case may be (Refer Para 5 of Annexure – I above).

vi) Declaration by Bidder

Proforma 3 as per Para 6 of Annexure – I above.

vii) Attested copy of PAN Card issued by Income Tax Dept., Sales Tax No. issued by Sales Tax Dept. and copy of Certificate of TIN Number.

viii) Availability of Technical Personnel i.e. Manpower– As per Proforma - 4 &

4A.

ix) Availability of machinery – As per Proforma - 5 & 5A

x) Details of on-going works – As per Proforma 6 xi) Litigation History – As per Proforma –7

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31

xii) Authority to sign – As per Annexure – III. xiii) Self attested copy of Memorandum of Understanding / Article of

Association of the firm xiv) Self attested copy of Certificate, confirming that the applicant is working

contractor or has executed any work within last five years reckoned from the scheduled date of opening of tender, issued by a Government Organisations / Semi Government Organisations of Central or State Government; or by Public Sector Undertakings / Autonomous Bodies of Central or State Government; or of Public Ltd. Companies listed in Stock Exchange in India or Abroad (JV not allowed)

xv) Methodology

xvi) RTGS/NEFT – Mandate Form – as per Annexure – VII.

All the check list of documents mentioned above to be enclosed with the Technical Bid. If any one of the same is not enclosed RITES reserves the right to disqualify the tender.

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Proforma-1

LIST OF SIMILAR WORKS COMPLETED DURING THE LAST 5 YEARS

Contract Value (` in

Lakhs)

Date of Start

Date of Completion

Reasons for delay in

completion if any

S. No.

Client's Name and Complete Address Postal

Address with Pin Code

Name of the Work & Location

Scope of work

carried out by the Bidder

Agreement / Letter of

Award No. and date

Awarded Actual on comple-tion

As per LOA/ Agree-ment

Actual

Ref. of document (with page

no.) in support of meeting

Qualification Criterion

SEAL AND SIGNATURE OF THE BIDDER Note : 1. In support of having completed above works, attach self attested copies of the

completion certificate from the owner/client or Consultant appointed by owner / Client indicating the name of work, the description of work done by the Bidder, date of start, date of completion (contractual & actual) and contract value as awarded and as executed by the Bidder. “Contract Value” shall mean gross value of the completed work including cost of materials supplied by the owner/client but excluding those supplied free of cost.

2. Such Credential certificates issued by Government Organisations / Semi Government Organisations of Central or State Government; or of Public Sector Undertakings / Autonomous Bodies of Central or State Government; or of Public Ltd. Companies listed in Stock Exchange in India or Abroad shall only be considered shall only be accepted for assessing the eligibility of a Tenderer. In case of a Certificate from a Public Limited Co., the Bidder should also submit documentary proof that the Public Ltd. Co., was listed in Stock Exchange in India or Abroad when the work was executed for it.

3. Information must be furnished for works carried out by the Bidder in his own

name or proportionate share as member of a Joint Venture. In the latter case details of contract value including extent of financial participation by partners in that work should be furnished.

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33

4. If a Bidder has got a work executed through a Subcontractor on a back to back

basis, the Bidder cannot include such a work for his satisfying the Qualification Criterion even if the Client has issued a Completion Certificate in favour of that Bidder.

6. Only similar works completed during the last 5 years prior to the last stipulated

date for submission of Bid, which meet the Qualification Criterion need be included in this list.

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Proforma 2

SOLVENCY CERTIFICATE FROM A NATIONALISED OR A SCHEDULED BANK

This is to certify that to the best of our knowledge and information, M/s ________________________, having their registered office at _____________, a customer of our bank is a reputed company with a good financial standing and can be treated as solvent to the extent of `̀̀̀ ___________. This certificate is issued without any guarantee or risk and responsibility on the Bank or any of its officers.

Signature with date Senior Bank Manager (Name of Officer

issuing the Certificate) Name, address & Seal of the Bank/ Branch

Note: Banker’s Certificate should be on letter head of the Bank.

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35

Proforma 3

DECLARATION BY THE BIDDER

(Affidavit on Non-Judicial Stamp Paper of `200/- duly attested by Notary / Magistrate)

This is to certify that We, M/s. __________________________, in submission of this offer confirm that:- i) We have not made any misleading or false representation in the forms,

statements and attachments in proof of the qualification requirements; ii) We do not have records of poor performance such as abandoning the work, not

properly completing the contract, inordinate delays in completion, litigation history or financial failures etc.

iii) No Central / State Government Department/ Public Sector Undertaking or

Enterprise of Central / State Government has banned/suspended business dealings with us as on date.

iv) We have submitted all the supporting documents and furnished the relevant

details as per prescribed format. v) List of Similar Works satisfying Qualification Criterion indicated in Proforma 1

does not include any work which has been carried out by us through a Subcontractor on a back to back basis.

vi) The information and documents submitted with the Tender and those to be

submitted subsequently by way of clarifications / making good deficient documents are correct and we are fully responsible for the correctness of the information and documents submitted by us.

vii) We understand that in case any statement/information/document furnished by us or to be furnished by us in connection with this offer, is found to be incorrect or

false, our EMD in full will be forfeited and business dealings will be banned.

SEAL AND SIGNATURE & NAME OF THE BIDDER

Signing this document

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Proforma 4

AVAILABILITY OF TECHNICAL PERSONNEL / STAFF PROPOSED FOR THE PROJECT

1 Position to be held – Principal Technical Representative – 1 No. (i) Name of the Prime Candidate

(ii) Name of the alternate Candidate

2 Position to be held – Technical Representative – 1 No. (i) Name of the Prime Candidate

(ii) Name of the Candidate

(iii) Name of the alternate Candidate

3 Position to be held - Electrical Engineer – 1 No. (i) Name of the Prime Candidate

(ii) Name of the alternate Candidate

4 Position to be held – Site Engineer – 2 Nos. Name of the Prime Candidate

Name of the alternate Candidate

Name of the alternate Candidate

Note :1) Provide summary of the qualified personnel, both technical and managerial who will occupy key positions in the proposed works, such as Engineer-in-charge/Project Manager and other discipline heads directly under the Project Manager. Information should be provided for all positions that the firm feels are essential for the successful execution of the project. Particular attention should be paid to the personnel who will be posted at the site and who will be directly responsible for the execution of the works. 2) Curriculum vitae of the personnel should be submitted separately in Proforma 4 A.

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Proforma 4 A Curriculum Vitae

1 Proposed Position for this

Project

2 Name 3 Date of Birth 4 Nationality 5 Personal Address

Telephone No. E.mail address

6 Education (The year in which various qualifications were obtained must be stated)

7 Years with Firm / Entity 8 Other Training 9 Degree of Proficiency

10 Membership in Professional Societies

11 Countries of works experience

12 EXPERIENCE PROFILE (In Reverse Chronological Order):

Position held and Description of duties

13 Detailed Tasks Assigned

Certification:

I, the undersigned, certify that to the best of my knowledge and belief, these data correctly describe me, my qualifications and my experience.

Signature of staff member :

Place

Date Full name of the Staff Member : I hereby give an undertaking to the effect that the above mentioned staff would be available for RITES Ltd. during the period of consulting service. ______________________________________________ Date __________________ Signature of Authorised Representative of the Applicant Day/Month/Year

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Proforma 5

EQUIPMENT PROPOSED FOR USE FOR THE EXECUTION The details for the following machinery may please be furnished as per the Proforma given below i.e. Proforma 5A:

1).Vibrators - Diesel – 3 Nos. - Electrical – 3 Nos.

2).Heavy Duty Water lifting Motor Pumps - Diesel – 1 No.

3). Drilling equipment – 1 No. 4). Compressors – 1 No. 5). Generators – 1 No. 6). Concrete Mixture Machine with hopper – 1 No. 8). Concrete Weigh Batch Equipment – 1 No. 9.) Centering and shuttering material – 3500 sqm 10). Trucks – 2 Nos. 11). Dumpers / Tippers – 3 Nos. 12). Tractor – 1 No. 13). Water tanker – 1 No. 14). Weighing Machine – 1 No. Laboratory equipments: 1). Equipment for Testing cement culvert, cubes / concrete blocks / bricks

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Proforma 5A Equipment : Equipment information 1. Name of manufacture

2. Model and Power rating

3. Capacity

4. Year of Manufacture

Current Status 5. Current location

6. Details of current commitments

Source 7. Indicate source of equipment * Owned * Rented * Leased * Special manufactured

Note : 1) List of the equipment for construction, standby power materials handling, transport vehicles, etc. which the firms propose to use for the proposed construction works. 2) The applicant should clearly demonstrate that he has access to all key equipment, which will be required for the successful completion of works.

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Proforma 6

DETAILS OF SIMILAR ON GOING WORKS

Contract

Value (` in Lakhs)

Value of Materials supplied free by

the Client

Date of Start

Date of Completion

Percentage of

completion

Reasons for delay

in completio

n if any

S. No.

Client's Name and

Complete Address Postal

Address with Pin Code

Name of the Work

& Location

Scope of work

carried out by the

Bidder

Agreement / Letter of Award No. and date

SEAL AND SIGNATURE OF THE BIDDER

Note : 1. In support of above works attach self attested copies of the Work Orders /

Agreement as received by the owner/client indicating the name of work, the description of work done by the bidder, date of start, date of completion (contractual & actual), value of contract as awarded and as executed by the bidder and value of material supplied free by the client and escalation amount.

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Proforma 7

LITIGATION HISTORY Year Award for or

against applicant

Name of the Client, cause of litigation and matter of dispute

Disputed amount (Current value in `)

Actual awarded amount (in `)

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ANNEXURE II

QUALIFICATION INFORMATION/CHECKLIST OF DOCUMENTS

LETTER OF TRANSMITTAL (on letter head of the Applicant)

From To RITES Ltd.

Sir,

Sub: Submission of Qualification information /documents as per Checklist. A. I/We hereby submit the following documents in support of my/our satisfying the

Qualification Criteria laid down for the work:- 1) Authorized Signatory Power of Attorney as per format enclosed at

Annexure-III. 2) Self Attested copy of Memorandum and Articles of Association of the firm. 3) Self Attested copy of PAN/TAN issued by Income Tax Department. 4) Self Attested copy of valid certificate (valid as on last date of submission of

bid) of registration with KPWD/ CPWD/Railways/MES/ RITES/KHB or any other Central Govt. / State Govt. of PSUs .

5) Earnest Money Deposit & RITES provisional confirmation letter 6) Annual Turnover

a) Self Attested copies of Auditor’s Report along with the Balance Sheet and Profit and Loss Statement for the relevant financial year in which the minimum criterion is met (Refer Notes under Para 2 of Annexure - I)

7) Work Experience

• Similar Work Experience : Proforma 1 with details of 1, 2 or 3 works as the case may be, which satisfy requisite qualification criterion (Refer Para 3a of Annexure - I). and attested copy of work done certificate for the similar work experience

8) Solvency Certificate.

Suggested format at Proforma 2 (Refer Para 4 of Annexure – I).

9) Profitability

Self Attested copies of Auditor’s Report along with the Balance Sheet and Profit and Loss Statement for last 5 (Refer Para 5 of Annexure - I).

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43

10) Declaration by Bidder : Proforma 3 as per Para 6 of Annexure -I.

11) Attested copy of Certificate of TIN Number.

12) Availability of Technical Personnel i.e. Manpower– As per Proforma - 4 & 4A.

12) Availability of machinery – As per Proforma - 5 & 5A

13) Details of on-going works – As per Proforma - 6 14) Litigation History – As per Proforma – 7

15) Methodology 16) RTGS / NEFT – Mandate Form – As per Annexure – VII. 17) Self Attested copy of Sales Tax, Works Contract Tax, Service Tax

Registration Certificate (as applicable). 18) Self Attested copy of Registration under Labour Laws, like PF, ESI etc. if

any. 19) Self Attested copy of ISO 9000 Certificate ( if any) 20) Any other document on Qualification and experience.

B. I have furnished all the information and details necessary to prove that I satisfy

all the Qualification Criteria laid down. C. I authorize you to approach any Bank, Individual, Employer, Firm or Corporation

whether mentioned in the enclosed documents or not, to verify our competence and general reputation.

D. I have also enclosed written Power of Attorney of the signatory for partnership

firms / company of the tender on behalf of the tenderer. Yours faithfully,

Encl: as In Para 1

Signature of Applicant with Name ________

Date with seal

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44

ANNEXURE III

FORMAT FOR POWER OF ATTORNEY TO AUTHORISED SIGNATORY

POWER OF ATTORNEY

(To be executed on non-judicial stamp paper of the appropriate value in accordance with relevant Stamp Act. The stamp paper to be in the name of the firm/ company who is issuing the power of attorney). We, M/s.______ (name of the firm/company with address of the registered office) hereby constitute, appoint and authorize Mr./Ms.______ (Name and residential address) who is presently employed with us and holding the position of ______, as our Attorney to do in our name and our behalf all or any of the acts, deeds or things necessary or incidental to our bid for the work _____ (name of work), including signing and submission of application proposal, participating in the meetings, responding to queries, submission of information / documents and generally to represent us in all the dealings with the RITES or any other Government Agency or any person, in connection with the works until culmination of the process of bidding till the Contract Agreement is entered into with the RITES and thereafter till the expiry of the Contract Agreement. We hereby agree to ratify all acts, deeds and things lawfully done by our said Attorney pursuant to this power of attorney and that all acts, deeds and things done by our aforesaid Attorney shall and shall always be deemed to have been done by us. (Add in the case of a Consortium/Joint Venture) Our firm is a Member/Lead Member of the Consortium of ______, ______ and ______ Dated this the _____ day of ______ 2011 Signature of the Attorney Attested (Signature and Name of the authorized signatory) Dated this the _____ day of ______ 2011 (Signature and Name in block letters of all the remaining partners of the firm Signatory for the Company) Seal of firm Company Witness 1: Witness 2: Name: Name: Address: Address: Occupation: Occupation:

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45

Notes: - To be executed by all the members individually. In case of a consortium, JV, the

Authorized signatory has to be the one employed by the Lead Member. - The Mode of execution of the power of attorney should be in accordance with the

procedure, if any laid down by the applicable law and the charter documents of the executant(s) and when it is so required the same should be under common seal affixed in accordance with the required procedure.

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46

ANNEXURE IV

(FORM OF LETTER OF ACCEPTANCE)

(By REGD POST / ACK.DUE)

(On the letter head of RITES)

NO. : RITES/ Dated :

To

Name & Address of the Contractor

Dear Sirs,

Sub: TENDER No. FOR THE WORK OF

Ref: Your tender dated _________________ and letter dated _____________.

This is to notify you that your Tender for the work under reference has been accepted by the Competent Authority of RITES LIMITED for a total Contract Price of ` _______ (Rupees only) in its capacity as an Agent and Power of Attorney Holder acting on behalf of VTU.

Pursuant to clause 43 of the Conditions of Contract you are required to furnish irrevocable Performance Guarantee for an amount equivalent to 5% (Five percent) of the Contract Price. The Guarantee of amount of `______________ is required to be submitted within ___ days of issue of this Letter of Acceptance.

The time of ________months allowed for execution of the work will be reckoned from 15 days after the date of issue of this Letter of Acceptance or from the first day of the handing over of the site, whichever is later, in accordance with phasing, if any, indicated in tender document.

You are requested to contact _________ (complete designation and address of the project-in-charge) for carrying out the contract.

You are also requested to attend this office within Twenty Eight days from the date of issue of this letter for execution of the formal agreement. It may be noted that no payment shall be made for any work carried out by you till the Agreement is executed and till such time the Performance Guarantee has been submitted by you.

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47

This Letter of Acceptance is being sent to you in duplicate and you are requested to return without delay one copy of the letter duly signed and stamped, as a token of your acknowledgement.

Kindly note that this Letter of Acceptance shall constitute a binding Contract between us pending execution of formal Agreement.

Your letter referred to above shall form part of the Contract.

Yours faithfully,

RITES LIMITED

For and On behalf of VTU

Copy to :

1. VTU, Belgaum- for information.

(To be included in Original sent to the Contractor)

2. Project-in-charge (Complete designation and address)

3. Associated Finance (Not in original)

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48

ANNEXURE VI

FORM OF AGREEMENT

(ON NON JUDICIAL STAMP PAPER OF APPROPRIATE VALUE)

Agreement No. ________ dated _________

THIS AGREEMENT is made on ________ day of ______ Two thousand ________ between RITES Ltd. a Government of India Enterprise and a Company registered under Companies Act, 1956 having its registered office at SCOPE Minar, Laxmi Nagar, Delhi - 110092 and its Corporate Office at RITES BHAWAN, Plot No.1, Sector 29, Gurgaon (Haryana) representing through Group General Manager(P), RITES Ltd., RPO(South), 208 & 209, Swapnalok Complex, Secunderabad, acting on behalf of and as an Agent and Power of Attorney Holder of _____ hereinafter called the Employer (which expression shall, wherever the context so demands or requires, include their successors in office and assigns) on one part and M/s.______ hereinafter called the Contractor (which expression shall wherever the context so demands or requires, include his/ their successors and assigns) of the other part.

WHEREAS the Employer is desirous that certain works should be executed viz. (brief description of the work) _____ and has by Letter of Acceptance dated ____ accepted a tender submitted by the Contractor for the execution, completion, remedying of any defects therein and maintenance of such works at a total Contract Price of ` ______ (Rupees ______________ only)

Now THIS AGREEMENT WITNESSETH as follows:-

1. In this agreement words and expressions shall have the same meaning as are respectively assigned to them in the Conditions of Contract hereinafter referred to.

2. The following documents in conjunction with Addenda/ Corrigenda to Tender Documents shall be deemed to form and be read and construed as part of this agreement viz.

a) The Letter of Acceptance b) PART – 1 :- Technical Bid Packet

i) Notice Inviting Tender ii) Instructions to Tenderer, Tender & Contract Form iii) Conditions of Contract iv) Special Conditions of Contract v) Special Conditions of Contract for Electrical works vi) Technical Specifications vii) RITES Safety Code viii) RITES Model Rules for Protection of Health and Sanitary arrangement for workers employed by RITES or its Contractors ix) Contract Data xi) Guidelines on Banning of Business dealings xi) Drawing

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49

PART – 2 :- Financial Bid Packet



3. In consideration of the payment to be made by the Employer to the Contractor as hereinafter mentioned, the Contractor hereby covenants with the Employer to execute, complete, remedy defects therein and maintain the works in conformity in all respects with the provisions of the Contract.

4. The Employer hereby covenants to pay to the Contractor in consideration of the execution, completion, remedying of any defects therein and maintenance of the works, the contract price or such other sum as may become payable under the provisions of the contract at the time and in the manner prescribed by the Contract.

IN WITNESS whereof the parties hereto have caused their respective common seals to be hereinto affixed (or have herewith set their respective hands and seals) the day and year first above written.

SIGNED, SEALED AND DELIVERED BY

____________________________

In the capacity of _____

On behalf of M/s. _________

(The Contractor)

In the presence of

Witnesses (Signature, Name &

Designation)

1.

2.

______________________________

representing RITES LIMITED

In the capacity of Agent and Power of

of Attorney Holder

For and on behalf of VTU

In the presence of

Witnesses (Signature, Name &

Designation)

1.

2.

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50

ANNEXURE – VII

RTGS / NEFT – MANDATE FORM To RITES Ltd --------------- --------------- Dear Sir. Authorization for payments through Electronic Fund Transfer System (RTGS/NEFT) We hereby authorize RITES Ltd., to make all our payments, including refund of Earnest Money, through Electronic Fund Transfer System (RTGS/NEFT). The details for facilitating the payments are given below:

(TO BE FILLED IN CAPITAL LETTERS) 1 NAME OF THE BENEFICIARY 2 ADDRESS WITH PIN CODE 3 (A) TELEPHONE NO. WITH STD CODE

(B) MOBILE NO.

4 BANK PARTICULARS A BANK NAME B BANK TELEPHONE NO. WITH STD CODE

C BRANCH ADDRESS WITH PIN CODE D BANK FAX NO. WITH STD CODE E 11 CHARACTER IFSC CODE OF THE BANK

(EITHER ENCLOSE A CANCELLED CHEQUE OR OBTAIN BANK CERTIFICATE AS APPENDED)

F BANK ACCOUNT NUMBER AS APPEARING ON THE CHEQUE BOOK

G BANK ACCOUNT TYPE (TICK ONE) SAVING CURRENT LOAN CASH CREDIT OTHERS

H IF OTHERS, SPECIFY 5 PERMANENT ACCOUNT NUMBER (PAN) 6 E-MAIL ADDRESS I/We hereby declare that the particulars given above are correct and complete. If the transaction is delayed or credit is not effected at all for reasons of incomplete or incorrect information, I/We would not hold RITES Ltd., responsible. Bank charges for such transfer will be borne by us. Date --------------- SIGNATURE (AUTHORISED SIGNATORY) Name -----------------------------

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51

BANK CERTIFICATION It is certified that the above mentioned beneficiary bolds bank account No.----------------------- with our branch and the Bank particulars mentioned above are correct. Date ------------------------

SIGNATURE (AUTHORISED SIGNATORY) Name -------------------------------- OFFICIAL STAMP

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TENDER & CONTRACT FORM RITES LIMITED

TENDER AND CONTRACT FOR WORKS To, The Accepting Authority, RITES Ltd., RPO(South) Secunderabad

TENDER 1. I/We have read and examined the Notice Inviting Tender, Instructions to Tenderer,

Scope of the work, Conditions of Contracts, (Conditions of Contract, Special Conditions of Contract & Contract Data) Financial Bid & Schedule of Rates(Bill of Quantities), Drawings, other documents and rules referred to in the Conditions of Contract and all other contents contained in the Tender Document for the work.

2. I/We hereby tender for the execution and completion of the work and remedy any

defects therein, specified in the Schedule of Quantities within the time specified in Contract Data, and in accordance in all respects with the specifications, drawings and instructions in writing referred to in Notice Inviting Tender and Instructions to Tenderers and in Conditions of Contract and with such materials as are provided for, by, and in respects in accordance with, such conditions so far as applicable.

3. We agree that our tender shall remain valid for a period of 90 days from the due date

of submission thereof and not to make any modifications in its terms and conditions. 4. A sum of ` ___________ (Rupees _________ only) is hereby forwarded in the form

Banker’s cheque/Demand Draft issued in favour of RITES Ltd., payable at _________ as the Earnest Money Mandate Form authorizing RITES Ltd. to make all payments through RTGS/NEFT as per Annexure IX, duly filled in is enclosed at Annexure - VII.

5. If I/We withdraw my/our tender during the period of tender validity or before issue of

letter of acceptance which ever is earlier or make modifications in the Terms and Conditions of the Tender which are not acceptable to the Employer, then the Employer shall, without prejudice to any other right or remedy, be at liberty to forfeit entire Earnest Money absolutely.

6. If I/We fail to furnish the prescribed Performance Guarantee within prescribed period,

I/We agree that the said Employer shall, without prejudice to any other right or remedy, be at liberty to forfeit the said Earnest Money absolutely.

7. If, I/We fail to commence the work within the specified period, I/We agree that the

Employer shall, without prejudice to any other right or remedy available in law, be at liberty to forfeit the Earnest Money and Performance Guarantee absolutely.

8. Further, I/We hereby agree that in case of forfeiture of Earnest Money or both

Earnest Money & Performance Guarantee as aforesaid in paras 5 to 9, I/We shall be debarred for participation in re-tendering process of the work.

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53

9. On issue of Letter of Acceptance by the Employer I/We agree that the said Earnest Money shall be retained by the Employer towards Security Deposit, to execute all the works referred to in the Tender document upon the Terms and Conditions contained or referred to therein and to carry out such deviations as may be ordered, upto maximum of the percentage/item rate mentioned in Contract Data, and those in excess of that limit at the rates to be determined in accordance with the provisions contained in Conditions of Contract of the tender form.

10. I/We hereby agree that I/ We shall sign the Formal Agreement with the Employer

within 28 days from the date of issue of Letter of Acceptance. In case of any delay, I/We agree that we shall not submit any Bill for Payment till the Contract Agreement is signed.

11. I/We hereby declare that I/We shall treat the tender documents, drawings and other

records connected with the work as secret/confidential documents and shall not communicate information derived there from to any person other than a person to whom I/We am/are authorized to communicate the same or use the information in any manner prejudicial to the safety of the Employer/State.

12. I/We hereby declare that I/We have not laid down any condition/deviation to any

content of Technical Bid and/or Financial Bid. I/We agree that in case any condition is found to be quoted by us in the Technical and/or Financial Bid, my/our Tender may be rejected.

13. I/We understand that the Employer is not bound to accept the lowest or any tender

he may receive. I/We also understand that the Employer reserves the right to accept the whole or any part of the tender and I/We shall be bound to perform the same at the rates quoted.

14. Until a formal agreement is prepared and executed, this bid together with our written

acceptance thereof shall constitute a binding contract between us and RITES. 15. I am/We are signing this Tender offer in my / our capacity as one/those authorized to

sign on behalf of my/our company/as one holding the Power of Attorney issued in my favour as Lead Member by the Members of the Joint Venture.

Signature of Authorized Person/s Date Name/s & Title of Signatory Name of Tenderer Postal Address Seal Witness Signature Name Postal Address Occupation

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54

CONDITIONS OF CONTRACT

A. General

1. Definitions

1.1 Terms which are defined in the Contract Data are not also defined in the Conditions of Contract but keep their defined meanings. Bold letters are used to identify defined terms.

Bill of Quantities means the priced and completed Bill of Quantities forming part of the Tender.

Compensation events are those defined in Clause 38 hereunder.

The Completion Date is the date of completion of the Works as certified by the Employer in accordance with Sub Clause 46.1.

The Contract is the contract between the Employer and the Contractor to execute, complete and maintain the Works. It consists of the documents listed in Clause 2.2 below.

The Contract Data defines the documents and other information which comprise the Contract. The Contractor is a person or corporate body whose Tender to carry out the Works has been accepted by the Employer. The Contractor's Tender is the completed Tender document submitted by the Contractor to the Employer.

The Contract price is the price stated in the Letter of Acceptance and thereafter as adjusted in accordance with the provisions of the Contract. Days are calendar days; months are calendar months.

A Defect is any part of the Works not completed in accordance with the Contract. The Defects liability period is the period named in the Contract Data and calculated from the Completion Date. The Employer is the party who will employ the Contractor to carry out the Works. Equipment is the Contractor's machinery and vehicles brought temporarily to the Site to construct the Works. The Initial Contract price is the Contract Price listed in the Employer's Letter of Acceptance.

The Intended Completion Date is the date on which it is intended that the Contractor shall complete the Works. The Intended Completion Date is specified in the Contract Data. The Intended Completion Date may be revised only by the Employer by issuing an extension of time.

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Materials are all supplies, including consumables, used by the contractor for incorporation in the Works. Plant is any integral part of the Works which is to have a mechanical, electrical, electronic or chemical or biological function.

The Site is the area defined as such in the Contract Data. Specification means the Specification of the Works included in the Contract and any modification or addition made or approved by the Employer. The Start Date shall be 15 days from the date of issue of Letter of Acceptance or date of handing over of the site which is later. A Subcontractor is a person or corporate body who has a Contract with the Contractor to carry out a part of the work in the Contract which includes work on the Site.

A Variation is an instruction given by the Employer which varies the Works. The Accepting Authority shall means Group General Manager, RPO(South), RITES Ltd. The Appellate Authority shall means DGM(C)/Sr.DGM(C)/JGM(C)/AGM(C) under RPO(South), RITES ltd. The Engineer-in-charge shall means Engineer(C)/AM(C)/Manager(C)/DGM(C) under RPO(South), RITES Ltd. The Works are what the Contract requires the Contractor to construct, install, and hand over to the Employer, as defined in the Contract Data.

2. Interpretation

2.1 In interpreting these Conditions of Contract, singular also means plural, male also means female or neuter, and the other way around. Headings have no significance. Words have their normal meaning under the language of the Contract unless specifically defined. The Employer will provide instructions clarifying queries about the Conditions of Contract.

2.2 The documents forming the Contract shall be interpreted in the following order of

priority: (1) Agreement (2) Letter of Acceptance, notice to proceed with the works

(3) Contractor’s Tender

(4) Contract Data (5) Conditions of Contract (6) Special Condition of Contract

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(7) Specifications (8) Drawings (9) Bill of quantities and 10) any other document listed in the Contract Data as forming part of the Contract. 3. Law governing contract

3.1 The law governing the Contract is the Laws of India supplemented by the Karnataka Local Acts.

4. Employer's decisions

4.1 Except where otherwise specifically stated, the Employer will decide contractual matters between the Employer and the Contractor .

5. Delegation

5.1 The Employer may delegate any of his duties and responsibilities to other people after notifying the Contractor and may cancel any delegation after notifying the Contractor.

6. Communications

6.1 Communications between parties which are referred to in the conditions are effective only when in writing. A notice shall be effective only when it is delivered (in terms of Indian Contract Act).

7. Subcontracting

7.1 The Contractor may subcontract with the approval of the Employer but may not assign the Contract without the approval of the Employer in writing. Subcontracting does not alter the Contractor's obligations.

8. Other Contractors

8.1 The Contractor shall cooperate and share the Site with other contractors, public authorities, utilities, and the Employer.

9. Personnel

9.1 The Contractor shall employ the technical personnel (of number and qualifications) as may be stipulated by Employer from time to time during the execution of the work. The technical staff so employed shall be available at site as may be stipulated by the Employer.

9.2 If the Employer asks the Contractor to remove a person who is a member of the Contractor’s staff or his work force stating the reasons, the Contractor shall ensure that the person leaves the Site within seven days and has no further connection with the work in the Contract.

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10. Employer’s and Contractor's risks

10.1 The Employer carries the risks which this Contract states are Employer’s risks, and the Contractor carries the risks which this Contract states are Contractor’s risks.

11. Employer's risks

11.1 The Employer is responsible for the excepted risks which are: (a) rebellion, riot commotion or disorder unless solely restricted to employees of

the Contractor or his Sub-Contractors arising from the conduct of the Works; or

(b) a cause due solely to the design of the Works, other than the Contractor’s design; or

(c) any operation of the forces of nature (in so far as it occurs on the Site) which an

experienced contractor:

(i) could not have reasonably foreseen; or (ii) could reasonably have foreseen, but against which he could not

reasonably have taken at least one of the following measures;

(A) prevent loss or damage to physical property from occurring by taking appropriate measures or

(B) insure against such loss or damage 12. Contractor’s risks

12.1 All risks of loss of or damage to physical property and of personal injury and death which arise during and in consequence of the performance of the Contract other than the excepted risks are the responsibility of the Contractor.

13. Insurance:

13.1 The Contractor shall prior to commencing the works, effect and thereafter maintain insurances , in the joint names of the Employer and the Contractor, (cover from the first working day after the Start Date to the end of Defects Liability Period), in the amounts stated in the Contract Data:

(a) for loss of or damage to the Works, Plants and Materials and the Contractor’s equipment;

(b) for liability of both Parties for loss, damage, death and injury to third parties or their property arising out of the Contractor’s performance of the Contract including the Contractor’s liability for damage to the Employer’s property other than the Works and

(c) for liability of both Parties and of any Employer’s representative for death and injury to the Contractor’s personnel except to the extent that liability arises from the negligence of the Employer, any Employer’s representative or their Employees.

13.2 Policies and certificates for insurance shall be delivered by the Contractor to the

Employer for his approval before the Start Date. All such insurance shall provide for compensation to be pay able to rectify the loss or damage incurred. All

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payments received from insurers relating to loss or damage shall be held jointly by the Parties and used for the repair of the loss or damage or as compensation for loss or damage that is not to be repaired.

13.3 If the Contractor fails to effect or keep in force any of the insurances referred to in

the previous sub-clauses or fails to provide satisfactory evidence, policies or receipts, the Employee may with out prejudice to any other right or remedy, effect insurance for the cover relevant to such default and pay the premiums due and recover the same as a deduction from any other monies due to the Contractor. If no payments is due, the payment of the premiums shall be a debt due.

13.4 Alterations to the terms of an insurance shall not be made without the approval of

the Employer. 13.5 Both Parties shall comply with any conditions of the insurance policies. 14. Site Investigation Reports:

14.1 The agency/firm while preparing for the tender shall conduct soil investigation and shall rely on any site investigation reports referred to in the Contract data, supplemented by any information available to the Tenderer.

15. Queries about the Contract Data

15.1 The Employer will clarify queries on the Contract Data. 16. Contractor to construct the Works

16.1 The Contractor shall construct the Works in accordance with the Specification and Drawings.

17. The Works to be completed by the Intended Completion Date

17.1 The Contractor may commence execution of the Works on the Start Date and shall carry out the works in accordance with the program submitted by the Contractor, as updated with the approval of the Employer, and complete them by the Intended Completion Date.

18. Approval by the Employer:

18.1 The Contractor shall submit Specification and drawings showing the proposed temporary works to the Employer, who is to approve them if they comply with the Specifications and Drawings.

18.2 The Contractor shall be responsible for the design of temporary works 18.3 The Employer’s approval shall not alter the Contractor’s responsibility for design

of the temporary works. 18.4 The Contractor shall obtain approval of third parties to the design of the temporary

works where required. 18.5 All Drawings prepared by the Contractor for the execution of the temporary works,

are subject to prior approval by the Employer before their use.

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19. Safety

19.1 The Contractor shall be responsible for the safety of all activities on the Site and shall follow Safety Rules and Regulations.

20. Discoveries

20.1 Anything of historical or other interest or of significant value unexpectedly discovered on the Site is the property of the Employer. The Contractor is to notify the Employer of such discoveries and carry out the Employer's instructions for dealing with them.

21. Possession of the Site

21.1 The Employer shall give possession of all parts of the Site to the Contractor. If possession of a part is not given by the date stated in the Contract Data the Employer is deemed to have delayed the start of the relevant activities and this will be Compensation Event.

22. Access to the Site

22.1 The Contractor shall allow the Employer and any person authorized by the Employer access to the Site, to any place where work in connection with the Contract is being carried out or is intended to be carried out and to any place where materials or plant are being manufactured / fabricated / assembled for the works.

23. Instructions

23.1 The Contractor shall carry out all instructions of the Employer which comply with the applicable laws where the Site is located.

24. Procedure for resolution of Disputes:

24.1 If the Contractor is not satisfied with the decision taken by the Employer, the dispute shall be referred by either party to Arbitration within 30 days of the notification of the Employer’s decision.

24.2 If neither party refers the dispute to Arbitration within the above 30 days, the

Employer’s decision will be final and binding. 24.3 The Arbitration shall be conducted in accordance with the arbitration procedure

stated in the Special Conditions of Contract. B. Time Control

25. Program

25.1 Within the time stated in the Contract Data the Contractor shall submit to the Employer for approval a Program showing the general methods, arrangements, order, and timing for all the activities in the Works.

25.2 The Employer's approval of the Program shall not alter the Contractor's

obligations. The Contractor may revise the Program and submit it to the Employer

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again at any time. A revised Program is to show the effect of Variations and Compensation Events.

26. Extension of the Intended Completion Date

26.1 The Employer shall extend the Intended Completion Date if a Compensation Event occurs or a Variation is issued which makes it impossible for Completion to be achieved by the Intended Completion Date.

26.2 The Employer shall decide whether and by how much to extend the Intended

Completion Date within 21 days of the Contractor asking the Employer for a decision upon the effect of a Compensation Event or Variation and submitting full supporting information.

27. Delays ordered by the Employer

27.1 The Employer may instruct the Contractor to delay the start or progress of any activity within the Works.

28. Management meetings

28.1 The Employer may require the Contractor to attend a management meeting. The business of a management meeting shall be to review the progress achieved and the plans for remaining work.

28.2 The responsibility of the parties for actions to be taken is to be decided by the

Employer either at the management meeting or after the management meeting and stated in writing to be distributed to all who attended the meeting.

C. Quality Control 29. Identifying defects

29.1 The Employer shall check the Contractor's work and notify the Contractor of any Defects that are found. Such checking shall not affect the Contractor's responsibilities. The Employer may instruct the Contractor to search for a Defect and to uncover and test any work that the Employer considers may have a Defect

30. Tests

30.1 If the Employer instructs the Contractor to carry out a test not specified in the Specification to check whether any work has a Defect and the test shows that it does, the Contractor shall pay for the test and any samples. If there is no Defect the test shall be a Compensation Event.

31. Correction of defects

31.1 The Employer shall give notice to the Contractor of any Defects before the end of the Defects Liability Period, which begins at Completion and is defined in the Contract Data. The Defects Liability Period shall be extended for as long as Defects remain to be corrected.

31.2 Every time notice of a Defect is given, the Contractor shall correct the notified

Defect within the length of time specified by the Employer’s notice.

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32. Uncorrected defects

32.1 If the Contractor has not corrected a Defect within the time specified in the Employer’s notice, the Employer will assess the cost of having the Defect corrected, and the Contractor will pay this amount.

D. Cost Control

33. Bill of Quantities (BOQ)

33.1 The BOQ shall contain items for the construction, installation, testing, and commissioning work to be done by the Contractor.

33.2 The BOQ is used to calculate the Contract Price. The Contractor is paid for the

quantity of the work done at the rate in the BOQ for each item 34. Variations

34.1 The Employer shall have power to order the Contractor to do any or all of the following as considered necessary or advisable during the progress of the work by him

(a) Increase or decrease of any item of work included in the Bill of Quantities (BOQ);

(b) Omit any item of work; (c) Change the character or quality or kind of any item of work; (d) Change the levels, lines, positions and dimensions of any part of the work; (e) Execute additional items of work of any kind necessary for the completion of

the works; and (f) Change in any specified sequence, methods or timing of construction of any part of the work.

34.2 The Contractor shall be bound to carry out the work in accordance with any

instructions in this connection, which may be given to him in writing by the Employer and such alteration shall not vitiate or invalidate the contract.

34.3 Variations shall not be made by the Contractor without an order in writing by the

Employer, provided that no order in writing shall be required for increase or decrease in the quantity of an item appearing in the BOQ so long as the work executed conforms to the approved drawings.

34.4 The Contractor shall promptly request in writing the Employer to confirm verbal

orders and if no such confirmation is received within 15 days of request, it shall be deemed to be an order in writing by the Employer.

35. Payments for Variations

35.1 Payment for increase in the quantities of an item in the BOQ up to 25% of that provided in the Bill of Quantities shall be made at the rates quoted by the Contractor.

35.2 For quantities in excess of 125% of the tendered quantity of an item as given in

the BOQ, the Contractor shall be paid at the rate entered in or derived from in the Schedule of Rates(applicable for the area of the work and current at the time of award of contract)plus or minus the over all percentage of the original tendered rates over the current Schedule of Rates prevalent at the time of award of contract.

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35.3 If there is no rate for the additional, substituted or altered item of the work in the

BOQ, efforts would be made to derive the rates from those given in the BOQ or the Schedule of Rates (applicable for the area of the work and current at the time of contract) and if found feasible the payment would be made at the derived rate for the item plus or minus the overall percentage of the original tendered rates over the current Schedule of Rates prevalent at the time of award of contract.

35.4 If the rates for additional, substituted or altered item of work cannot be determined

either as at 35.1 or 35.2 or 35.3 above, the Contractor shall be requested to submit his quotation for the items supported by analysis of the rate or rates claimed, within 7 days.

35.5 If the Contractor's quotation is determined unreasonable, the Employer may order

the Variation and make a change to the Contract Price which shall be based on Employer’s own fore cast of the effects of the Variation on the Contractor's costs.

35.6 If the Employer decides that the urgency of varying the work would prevent a

quotation being given and considered without delaying the work, no quotation shall be given and the Variation shall be treated as a Compensation Event.

35.7 Under no circumstances the Contractor shall suspend the work on the plea of

non-settlement of rates for items falling under this Clause.

36. Submission of bills for payment –DELETED – Refer Clause No.9 of Special Conditions of Contract

36.1 The Contractor shall submit to the Employer monthly bills of the value of the work

completed less the cumulative amount paid previously. – Deleted. 36.2 The Employer shall check the Contractor's bill and determine the value of the

work executed which shall comprise of (i) value of the quantities of the items in the BOQ completed and (ii) valuation of Variations and Compensation Events. – Deleted.

36.3 The Employer may exclude any item paid in a previous bill or reduce the

proportion of any item previously paid in the light of later information. – Deleted.

37. Payments

37.1 Payments shall be adjusted for deductions for advance payments, other recoveries in terms of the contract and taxes, at source, as applicable under the law. The Employer shall pay the Contractor the within 60 days of submission of bill.

37.2 Items of the Works for which no rate or price has been entered in will not be paid

for by the Employer and shall be deemed covered by other rates and prices in the Contract.

38. Compensation events

38.1 The following are Compensation events unless they are caused by the Contractor: (a) The Employer does not give access to a part of the Site by the Site Possession

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Date stated in the Contract Data. (b) The Employer orders a delay or does not issue drawings, specifications or

instructions required for execution of works on time. (c) The Employer instructs the Contractor to uncover or to carry out additional tests

upon work which is then found to have no Defects. (d) The Employer gives an instruction for dealing with an unforeseen condition,

caused by the Employer, or additional work required for safety or other reasons. (e) The effect on the Contractor of any of the Employer’s Risks. (f) The Employer unreasonably delays issuing a Certificate of Completion. (g) Other Compensation Events listed in the Contract Data or mentioned in the

Contract.

38.2 If a Compensation Event would cause additional cost or would prevent the work being completed before the Intended Completion Date, the Contract Price shall be increased and/or the Intended Completion Date is extended. The Employer shall decide whether and by how much the Contract Price shall be increased and whether and by how much the Intended Completion Date shall be extended.

38.3 As soon as information demonstrating the effect of each Compensation event

upon the Contractor's forecast cost has been provided by the Contractor, it is to be assessed by the Employer and the Contract Price shall be adjusted accordingly. If the Contractor's forecast is deemed unreasonable, the Employer shall adjust the Contract Price based on Employer’s own forecast. The Employer will assume that the Contractor will react competently and promptly to the event.

38.4 The Contractor shall not be entitled to compensation to the extent that the

Employer's interests are adversely affected by the Contractor not having given early warning or not having cooperated with the Employer.

39. Tax

39.1 The rates quoted by the Contractor shall be deemed to be inclusive of the sales and other taxes that the Contractor will have to pay for the performance of this Contract. The Employer will perform such duties in regard to the deduction of such taxes at source as per applicable law.

40. Price Adjustment:

40.1 Contract price shall be adjusted for increase or decrease in rates and prices of labour, materials, fuels and lubricants in accordance with the following principles and procedures and as per formulae given in the Contract Data. (Refer GOK Order No. FD 59 Pro. Cell 2004, Bangalore Dated 26th November 2004)

(a) The price Adjustment shall apply for the work done from the date of commencement up to the end of original period of completion or extensions granted by the Employer and shall not apply to work carried out beyond the stipulated period of completion for reasons attributable to the contractor;

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(b) Price Adjustment shall be admissible from the date of opening of tenders (original or extended)

(c) The price adjustment shall be determined during each quarter from the

formulae given in Contract Data. (d) Following expressions and meanings are assigned to the work done during

the quarter:

R = Total value of work done during the quarter. It will exclude value for works executed under variations for which price adjustment (if any) will be worked out separately based on the terms mutually agreed.

40.2 To the extent that full compensation for any rise or fall in costs to the contractor is not covered by the provisions of this or other Clauses in the Contract, the unit rates included in the contract shall be deemed to include amounts to cover the contingency of such other rise or fall in costs.

41. Liquidated damages

41.1 The Contractor shall pay liquidated damages to the Employer at the rate per day stated in the Contract Data for each day that the Completion Date is later than the Intended Completion Date (for the whole of the works or the milestone as stated in the Contract Data). The total amount of liquidated damages shall not exceed the amount defined in the Contract Data. The Employer may deduct liquidated damages from payments due to the Contractor. Payment of liquidated damages does not affect the Contractor's liabilities.

41.2 If the Intended Completion Date is extended after liquidated damages have been

paid, the Employer shall correct any overpayment of liquidated damages by the Contractor by adjusting the next payment of bill.

42. Advance Payments:

42.1 The Employer shall make payment to the Contractor of the amounts stated in the Contract Data by the date stated in the Contract Data, against provision by the Contractor of an unconditional bank guarantee in a form acceptable i.e as per Annexure - A, to the Employer issued by a Nationalized/Scheduled Bank in amounts equal to the advance payment. The guarantee shall remain effective until the advance payment has been repaid, but the amount of the guarantee shall be progressively reduced by the amounts repaid by the Contractor. Interest will not be charged on the advance payment.

42.2 The Contractor is to use the advance payment only to pay for Mobilization

expenses required specifically for execution of the Works. The Contractor shall demonstrate that advance payment has been used in this way by supplying copies of invoices or other documents to the Employer.

42.3 The advance payment shall be repaid by deducting proportionate amounts from

payments otherwise due to the Contractor, following the schedule of completed percentages of the Works on a payment basis. No account shall be taken of the advance payment or its repayment in assessing valuation of the work done, variations, price adjustments, compensation events or liquidated damages.

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43. Cost of Repairs:

43.1 Loss or damage to the Works or Materials to be incorporated in the Works between the Start Date and the end of the Defects Correction periods shall be remedied by the Contractor at the Contractor's cost if the loss or damage arises from the Contractor's acts or omissions.

E. Finishing the Contract 44. Completion

44.1 The Contractor shall request the Employer to issue a Certificate of Completion of the Works and the Employer will do so upon deciding that the Work is completed.

45. Taking over

45.1 The Employer shall take over the Site and the Works within seven days of issuing a certificate of Completion.

46. Final account

46.1 The Contractor shall supply to the Employer a detailed account of the total amount that the Contractor considers payable under the Contract before the end of the Defects Liability Period. The Employer shall issue a Defect Liability Certificate and certify any final payment that is due to the Contractor within 90 days of receiving the Contractor's account if it is correct and complete. If it is not, the Employer shall issue within 90 days a schedule that states the scope of the corrections or additions that are necessary. If the Final Account is still unsatisfactory after it has been resubmitted, the Employer shall decide on the amount payable to the Contractor and make payment within 60 days of receiving the Contractor’s revised account.

47. As built drawings and /or Operating and Maintenance Manuals 47.1 If “as built” (Completion drawings)

Drawings and/or operating and maintenance

manuals are required, the Contractor shall supply them by the dates stated in the Contract Data.

47.2 If the Contractor does not supply the Drawings by the dates stated in the Contract

Data, or they do not receive the Employer’s approval, the Employer shall withhold the amount stated in the Contract Data from payments due to the Contractor.

48. Termination

48.1 The Employer or the Contractor may terminate the Contract if the other party causes a fundamental breach of the Contract.

48.2 Fundamental breaches of Contract include, but shall not be limited to the following: (a) the Contractor stops work for 45 days when no stoppage of work is shown on

the current Program and the stoppage has not been authorized by the Employer; (b) The Contractor becomes bankrupt or goes into liquidation other than for a

reconstruction or amalgamation;

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(c) the Employer gives Notice that failure to correct a particular Defect is a

fundamental breach of Contract and the Contractor fails to correct it within a reasonable period of time determined by the Employer;

(d) the Contractor does not maintain a security which is required; (e) the Contractor has delayed the completion of works by the number of days for

which the maximum amount of liquidated damages can be paid as defined in the Contract data; and

(f) if the Contractor, in the judgment of the Employer has engaged in corrupt or

fraudulent practices in competing for or in the executing the Contract. For the purpose of this paragraph : “corrupt practice” means the offering, giving,

receiving or soliciting of any thing of value to influence the action of a public official in the procurement process or in contract execution. “Fraudulent practice” means a misrepresentation of facts in order to influence a procurement process or the execution of a contract to the detriment of the Borrower, and includes collusive practice among Tenderers (prior to or after Tender submission) designed to establish Tender prices at artificial non-competitive levels and to deprive the Borrower of the benefits of free and open competition.”

48.3 When either party to the Contract gives notice of a breach of contract to the

Employer for a cause other than those listed under Sub Clause 49.2 above, the Employer shall decide whether the breach is fundamental or not.

48.4 Notwithstanding the above, the Employer may terminate the Contract for

convenience. 48.5 If the Contract is terminated the Contractor shall stop work immediately, make the

Site safe and secure and leave the Site as soon as reasonably possible. 49. Payment upon Termination

49.1 If the Contract is terminated because of a fundamental breach of Contract by the Contractor, the Employer shall prepare bill for the value of the work done less advance payments received upto the date of the bill, less other recoveries due in terms of the contract, less taxes due to be deducted at source as per applicable law and less the percentage to apply to the work not completed as indicated in the Contract Data. Additional Liquidated Damages shall not apply. If the total amount due to the Employer exceeds any payment due to the Contractor the difference shall be a debt payable to the Employer.

49.2 If the Contract is terminated at the Employer's convenience or because of a

fundamental breach of Contract by the Employer, the Employer shall prepare bill for the value of the work done, the reasonable cost of removal of Equipment, repatriation of the Contractor's personnel employed solely on the Works, and the Contractor's costs of protecting and securing the Works and less advance payments received up to the date of the certificate, less other recoveries due in terms of the contract, and less taxes due to be deducted at source as per applicable law and make payment accordingly.

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50. Property

50.1 All materials on the Site, Plant, Equipment, Temporary Works and Works are deemed to be the property of the Employer, if the Contract is terminated because of a Contractor’s default.

51. Release from performance

51.1 If the Contract is frustrated by any event entirely outside the control of either the Employer or the Contractor the Employer shall certify that the Contract has been frustrated. The Contractor shall make the Site safe and stop work as quickly as possible after receiving this certificate and shall be paid for all work carried out before receiving it and for any work carried out after wards to which commitment was made.

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SPECIAL CONDITIONS OF CONTRACT 1. Performance Guarantee

(i) The Contractor shall submit an irrevocable Performance Guarantee of 5% (Five Per cent) of the tendered value also an Additional Performance Guarantee, if required, of an amount advised by the Engineer-in-Charge in case the bid is considered unbalanced by him for the contractors proper performance of the contract agreement (not withstanding and/or without prejudice to any other provisions in the contract) within the period specified in Contract Data from the date of issue of Letter of Acceptance. This period can be further extended by the Engineer-in-Charge up to a maximum period as specified in Contract Data on written request of the Contractor stating the reason for delays in procuring the Bank Guarantee, to the satisfaction of the Engineer-in- Charge. This guarantee shall be in the form of Fixed Deposit Receipts or Guarantee Bonds of any Scheduled Bank or the State Bank of India in accordance with the form given at Annexure “B‟. In case a Fixed Deposit Receipt of any Bank is furnished by the Contractor to the Employer as part of the Performance Guarantee and Additional Performance Guarantee and the Bank is unable to make payment against the said Fixed Deposit Receipt, the loss caused thereby shall fall on the Contractor and the Contractor shall forthwith on demand furnish additional security to the Employer to make good the deficit.

(ii) The Performance Guarantee and Additional Performance Guarantee shall be initially valid up to the stipulated date of completion plus 60 days beyond that. In case the time for physical completion of work gets enlarged, the Contractor shall get the validity of Performance Guarantee and Additional Performance Guarantee extended to cover such enlarged time for completion of work. After recording of the “Completion Certificate” or “Provisional Certificate of Physical completion” for the work by the competent authority, the Performance Guarantee and Additional Performance Guarantee shall be returned to the Contractor, without any interest. The Engineer-in-Charge may return the Additional Performance Guarantee earlier if, in his opinion, the unbalanced portion of the bid has been completed.

(iii) The Engineer-in-charge shall not make a claim under the Performance Guarantee and Additional Performance Guarantee except for amounts to which the Employer is entitled under the Contract (notwithstanding and/or without prejudice to any other provisions in the Contract agreement) in the event of :

(a) Failure by the Contractor to extend the validity of the Performance Guarantee and Additional Performance Guarantee as described herein above, in which event the Engineer-in-Charge may claim the full amount of the Performance Guarantee and Additional Performance Guarantee. (b) Failure by the Contractor to pay the Employer any amount due, either as agreed by the Contractor or determined under any of the Clauses/ Conditions of the Agreement, within 30 days of the service of notice to this effect by Engineer-in- Charge.

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(iv) In the event of the Contract being determined or rescinded under provisions of any of the clause/condition of the Agreement, the Performance Guarantee and Additional Performance Guarantee shall stand forfeited in full and shall be absolutely at the disposal of the Employer.

2. Recovery of Security Deposit

The person/ persons whose tender(s) may be accepted (hereinafter called the contractor) shall permit the Employer at the time of making any payment to him for work done under the contract to deduct a sum at the rate of 5% of the gross amount of each running bill till the sum along with the sum already deposited as earnest money will amount to Security Deposit of 5% of the tendered value of the work. Such deductions will be made and held by the Employer way of Security Deposit unless he/ they has/ have deposited the amount of Security at the rate mentioned above in cash or fixed deposit receipts. In case a fixed deposit receipt of any Bank is furnished by the contractor to the Employer as part of the security deposit and the Bank is unable to make payment against the said fixed deposit receipt, the loss caused thereby shall fall on the contractor and the contractor shall forthwith on demand furnish additional security to the Employer to make good the deficit.

All compensations or the other sums of money payable by the contractor under the terms of this contract may be deducted from, or paid by the sale of a sufficient part of his security deposit or from the interest arising there from, or from any sums which may be due to or may become due to the contractor by the Employer on any account whatsoever and in the event of his Security Deposit being reduced by reason of any such deductions or sale as aforesaid, the contractor shall within 10 days make good in cash or fixed deposit receipt tendered by the State Bank of India or by Scheduled banks endorsed in favour of the Engineer-in-Charge, any sum or sums which may have been deducted from, or raised by sale of his security deposit or any part thereof. The security deposit shall be collected from the running bills of the contractor at the rates mentioned above and the Earnest Money if deposited in cash at the time of tenders will be treated a part of the Security Deposit.

On completion of the whole work and recording of the Final Completion

Certificate for the work by the Competent Authority, the Security Deposit as deducted above may be released against bank guarantee issued by a scheduled bank.

3. Contractor Liable for Damages, defects during maintenance period and Refund of Security Deposit

If the contractor or his working people or servants shall break, deface, injure or destroy any part of building in which they may be working, or any building, road, road kerb, fence, enclosure, water pipe, cables, drains, electric or telephone post or wires, trees, grass or grassland, or cultivated ground contiguous to the premises on which the work or any part is being executed, or if any damage shall happen to the work while in progress, from any cause whatever or if any defect,

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shrinkage or other faults appear in the work within twelve months (six months in the case of work costing Rupees Ten lacs and below except road work) after a certificate final or otherwise of its completion shall have been given by the Engineer-in-Charge as aforesaid arising out of defect or improper materials or workmanship, the contractor shall upon receipt of a notice in writing on that behalf make the same good at his own expense or in default the Engineer-in-Charge shall cause the same to be made good by other workmen and deduct the expense from any sums that may be due or at any time thereafter may become due to the contractor, or from his security deposit or the proceeds of sale thereof of a sufficient portion thereof. The security deposit of the contractor shall not be refunded before the expiry of twelve months (six months in case of work costing ` Ten Lakhs and below except road work) after the issue of the certificate final or otherwise, of completion of work. Provided that in the case of road work if in the opinion of the Engineer-in-Charge, half of the security deposit is sufficient to meet all liabilities of the Contractor under this contract, half of the Security Deposit will be refundable after six months and the remaining half after twelve months of the issue of the said certificate of completion.

The Contract shall not be considered as completed until a Maintenance

Certificate shall have been signed by the Engineer-in-charge and delivered to the Employer stating that the works have been completed and maintained to his satisfaction. The Maintenance Certificate shall be given by the Engineer-in-charge within twenty eight days after the expiry of the Period of Maintenance as stipulated above or as soon thereafter as any works ordered during such period, shall have been completed to the satisfaction of the Engineer-in-charge and full effect shall be given to this clause, notwithstanding any previous entry on the works or taking the possession, working or using thereof or any part thereof by the Employer.

4. Labour :

The Contractor shall, unless otherwise provided in the Contract, make his own arrangements for the engagement of all staff and labour, local or other, and for their payment, housing, feeding and transport.

The Contractor shall, if required by the Employer, deliver to the Employer a return in detail, in such form and at such intervals as the Employer may prescribe, showing the staff and the numbers of the several classes of labour from time to time employed by the Contractor on the Site and such other information as the Employer may require.

5. Compliance with labour regulations :

During continuance of the contract, the Contractor and his sub contractors shall abide at all times by all existing labour enactments and rules made there under, regulations, notifications and bye laws of the State or Central Government or local authority and any other labour law (including rules),regulations, bye laws that may be passed or notification that may be issued under any labour law in future either by the State or the Central Government or the local authority. The Contractor shall keep the Employer indemnified in case any action is taken against the Employer by the competent authority on account of contravention of any of the provisions of any Act or rules made there under, regulations or notifications including

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amendments. If the Employer is caused to pay or reimburse, such amounts as may be necessary to cause or observe, or for non-observance of the provisions stipulated in the notifications/bye laws/Acts/Rules/regulations including amendments, if any on the part of the Contractor, Employer shall have the right to deduct any money due to the Contractor including his amount of security deposit. The Employer shall also have right to recover from the Contractor any sum required or estimated to be required for making good the loss or damage suffered by the Employer. A copy of the Format for Indemnity Bond is at Annexure ‘C’.

The employees of the Contractor and the Sub-Contractor in no case shall be

treated as the employees of the Employer at any point of time. 6. Protection of Environment:

The contractor shall take all reasonable steps to protect the environment on and off the Site and to avoid damage or nuisance to persons or to property of the public or others resulting from pollution, noise or other causes arising as a consequence of his methods of operation. During continuance of the contract, the contractor and his sub-contractors shall abide at all times by all existing enactments on environmental protection and rules made there under, regulations, notifications and bye-laws of the State or Central Government, or local authorities and any other law, bye-law, regulations that may be passed or notification that may be issued in this respect in future by the State or Central Government or the local authority.

7. Technical Specification 7.1 The Contractor shall follow the KPWD/CPWD Specifications during the execution

of the work and for Non-Scheduled / market rate items other than KPWD / CPWD items, the Bill of Quantity specifications to be adhered or manufactures specifications to be adopted or nearest technical specifications in KPWD / CPWD may be adopted. If any discrepancy in the non-scheduled specifications the decision of the engineer-in-charge is final and binding on the contract. However, the special Specifications is enclosed at Annexure – D.

7.2 A list of approved make of Civil and Electrical items for use in the tendered works are enclosed as Annexure ‘E’. Contractors are advised to note the same.

7.3 Connections / Completion Certificate It will be the responsibility of the Contractor to get the works approved and obtain

completions, stage completions and occupancy certificates and necessary connection for building work, electrical work, main water supply and sewage connection. NOC from Fire Authority / Local Municipal / Govt. Authorities or other local authorities of respective region at his cost. Rates quote shall cover all expenses to be borne for obtaining above approvals / certificates. However, any statutory fees to be paid on account of above shall be paid by Employer.

The date of virtual completion shall be only after the building and external works

are virtually complete as certified by the Engineer and all required connections and NOCs for main Electric supply, water supply, sewerage connection.

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NOCs and completion certificates from Fire Authority / Local Municipal / Govt. Authorities or other local authorities of respective region, obtained by the contractor and handed over to the Employer.

Neither RITES nor Architectural Consultant will be responsible for obtaining any

approval from the aforesaid authorities whatsoever. Contractor will be solely responsible for obtaining stage wise approvals, final approval required in overall completion of the project so as to enable the client / owner to take over possession of the premises.

Where no specific reference has been made to any Standard Specifications in

any of the items under this Section, the following shall be the order of precedence:

(i) Building works : KPWD Specifications CPWD Specifications IS Specifications

(ii) Road works : KPWD Specifications MOST Specifications IS Specifications

(iii) Electrical works : KPWD Specifications IS Specifications

British Standards / American Standards

(iv) Miscellaneous works : not covered under Item (i) to (iv) above IS Specifications

8.0 Order of Preference in Interpretation of documents 8.1 Reference to the Engineer

8.1.1 The several Documents forming the Contract are to be taken as mutually

explanatory of one another. In cases of ambiguities or discrepancies the same shall be brought to the attention of the Engineer who shall thereupon issue instructions to the Contractor.

8.2 Order of Precedence 8.2.1 The several Documents forming the Contract are to be taken as mutually

explanatory of one another. In cases of ambiguities or discrepancies the same shall be brought to the attention of the Engineer who shall thereupon issue instructions to the Contractor.

8.2.2 In case of conflict in interpretation of Contract Documents, the following order of

precedence shall prevail

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i) On Contract Conditions, Special Conditions of Contract shall prevail over General Conditions of Contract including Conditions of Contract and Clauses of Contract. ii) With regard to overall scope of work, the Documents listed below shall be interpreted in the order of priority indicated starting with the first - Agreement - Letter of Acceptance - Tenderer’s Offer - Tender Documents including Contract Data iii) With regard to description of work to be carried out, the following will be the order of priority starting with the first - Specifications (KPWD) / CPWD Specifications / Special Specifications - Specifications (BIS) - Schedule of Quantities (Bill of Quantities) - Drawings

iv) In the case of Drawings, written dimensions shall prevail over scaled dimensions. Enlarged details and Detailed Drawings, shall prevail over General Plan, Section, Elevation etc.

9.0 Submission of Bill for Payments: 9.1 Running account bill will be submitted by the agency/firm/company with the

detailed measurements in soft and hard copy. The hard copy will be treated as measurement books or other wise measurements shall be entered in the measurement books. Payment shall be restricted to the value of work based on cumulative measurements without any reference to stage as completed upto the claim date and rates quoted. Any variations in the drawing and items as per the instructions of RITES Ltd. in writing will be dealt as per Conditions of Contract.

9.2 The Agency/Firm/Company shall, when required by the RITES Ltd. furnish

promptly all relevant documents; vouchers, returns etc so as to assist the Engineer in the preparation of certificates.

9.3 In special cases where the agency/firm/company makes a written request, the

Engineer in Charge may consider recommending to competent authority 75% of the RA Bill amount as Adhoc Advance Payment pending Technical Check. If subsequent Technical Check shows grave irregularities in the RA Bill, this facility of Adhoc Advance payment on RA Bills shall be withdrawn to the agency/firm/company for that work.

9.4 The Employer shall check the Contractor's bill and determine the value of the

work executed which shall comprise of (i) value of the quantities of the items in the BOQ completed and(ii)valuation of Variations and Compensation Events.

9.5 The Employer may exclude any item paid in a previous bill or reduce the proportion

of any item previously paid in the light of later information.

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10.0 RUNNING ACCOUNT BILLS

10.1 Running Account Bill (RA Bill) Submission a) The Contractor shall submit to the Engineer on 5th or any other fixed date of

every month, statements showing in detail value of permanent work executed based on the quantity recorded in the Measurement Books/hard copy. Where Payment is proposed to be effected based on approximate quantities for items such as Earthwork, the MB/hard copy should contain a Certificate from the Engineer recording the Measurements that not less the quantity proposed to be paid for has actually been executed. Detailed measurements should be taken for such items on every fourth Running bills.

b) The rates and prices in such statements shall be in accordance with stipulations in the Contract.

c) If any rates or prices in the said Contract are, in the opinion of the Engineer not applicable to some or any part of the work executed and the Appointing Authority has not fixed a rate or price at the time when the monthly statement is prepared, then temporary / provisional rates or prices shall be assigned by the Engineer.

d) The Contractor shall, when required by the Engineer furnish promptly all relevant documents; vouchers, returns etc so as to assist the Engineer in the preparation of certificates.

e) In special cases where the Contractor makes a written request, the Engineer in Charge may consider releasing 75% of the RA Bill amount as Adhoc Advance Payment pending Technical Check. If subsequent Technical Check shows grave irregularities in the RA Bill, this facility of Adhoc Advance payment on RA Bills shall be withdrawn to the Contractor for that work.

f) Payments - Payments shall be adjusted for deductions for advance payments, other recoveries in terms of the contract and taxes, at source, as applicable under the law. The Employer shall pay the Contractor the within 30 days of submission of bill.

g) Since the Contract is being entered into with the Contractor by RITES acting for and on behalf of the VTU as Agent, no RA Bill will be certified by the Engineer unless sufficient funds have been made available by VTU.

i) Minimum RA bill amount to be raised and paid is `̀̀̀20.00 Lakhs and less the amount the engineer at site shall not recommend the bill for payment.

10.2 RA Bill – Certification 10.2.1 The Engineer shall verify the Bills and certify payments after taking into account.

i) Payment (upto date and upto previous Bill) towards a) Items of work executed and covered by detailed measurements in the

Measurement Books/hard copy. b) Item of Works based on approximate quantities including Negative

quantities of items for which measurements recorded.

ii) Deduction or recovery (upto date and upto previous bill) towards :

a) Cost of Contractors materials used in the works for which Secured Advance had been paid, at rates mentioned in the Contract.

b) Mobilization Advance

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c) Plant, Machinery & Shuttering Materials advance with interest d) Cost of Materials supplied by the Employer at the rates mentioned in the

Contract. e) Security Deposit f) Income Tax and Sales Tax on Works (as applicable) g) Compensation dues recoverable from the Contractor h) Labour cess i) Royalty payable on minor minerals

In all cases the net amount payable through a RA Bill will be determined based on Net amount due upto date and Net amount paid upto the previous RA Bill.

10.2.2 Unless the formal Contract Agreement has been executed between RITES and

the Contractor, no RA Bill will be certified by the Engineer for payment. 10.2.3 Since the Contract is being entered into with the Contractor by RITES acting for

and on behalf of the Employer as Agent and Power of Attorney Holder, no RA Bill will be certified by the Engineer unless sufficient funds have been made available by the Employer.

10.2.4 Part payment shall be released for the following items as per the decision of the

site in-charge with the approval of Project Coordinator: (i) Anti-termite (ii) Internal Water Proofing (iii) Flooring (iv) doors & Windows

(v)External & Internal finishing 10.3 Payment of Final Bill

The final bill shall be submitted by the contractor in the same manner as specified in interim bills within three months of physical completion of work or within one month of the date of the final certificate of completion furnished by the Engineer-in-Charge whichever is earlier. No further claims shall be made by the contractor after submission of the final bill and these shall be deemed to have been waived and extinguished. Payments of those items of the bill in respect of which there is no dispute and of items in dispute, for quantities and rates as approved by Engineer-in-Charge, will, as far as possible be made within the period specified herein under, the period being reckoned from the date of receipt of the bill by the Engineer-in-Charge or his authorized Engineer, complete with account of materials issued by the Employer and dismantled materials. i) If the Tendered value of work is upto `100 lakhs : 3 months ii) If the Tendered value of work exceeds `100 lakhs : 6 months The contractor will not however be entitled to any compensation or claims or damages by way of interest etc. in case of delay in payment.

11.0 Completion Drawings :

The Contractor shall during the course of execution, prepare and keep updated a complete set of ‘record’ drawings recording all works on the tracings or of re-

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producible, which shall be periodically corrected to show each and every change from the working drawings and showing the exact location, size and kinds of work etc. This set of drawings shall be kept on the site and shall be used for record purpose. Changes recorded shall be countersigned by the Engineer and the Contractor. Copies of ‘record’ drawings shall be supplied by the Contractor to the Engineer on request. The Contractor shall submit complete “record” drawings on tracing/ re-producible/ CDs as directed by the Engineer – in-Charge within 30 days of the completion of that portion of the work to which the Drawing pertains.

12.0 Drawings and Specifications

12.1 Issue and custody 12.1.1 The Contractor shall receive from the Engineer-in-charge through the Engineer

two set of drawings approved for construction. These drawings will be generally same as issued at tender stage. However these drawings may have additional details from construction / working/ execution point of view and to facilitate ease of installation, erection or construction. Additional detailing shall not in anyway vitiate the Contract nor allow the Contractor to claim extra compensation. Deviation or alteration to basic drawings only shall be treated as variation. Any additional copies of Drawings if requested by the Contractor shall be provided on making separate payment to the Engineer-in-charge.

12.2 Errors and Omissions in Drawings or Specifications Any apparent errors or omissions in drawings or specifications or instructions

issued by the Engineer in-charge or the Engineer shall be brought to the notice of the Engineer by the Contractor as soon as the documents have been made available to him. The Engineer shall correct such errors or omissions with the approval of the Engineer in-charge. The Contractor shall neither be eligible for any additional cost, time etc. on this account nor shall he be permitted to take any advantage thereof.

12.3 Standards to be followed – Materials and workmanship At various places throughout the specifications and the Bills of quantities,

reference is made to the standards, specifications and bye-laws issued by the Indian Standards Institution and other similar organizations. These references shall in every case be deemed to include the latest edition of issue of such standards, specifications and bye-laws including all revisions, amendments and addenda subsequently issued. Where ISI Standards exist in respect of materials, then the materials shall in all respects comply with the relevant and current ISI. In such cases where ISI Specifications do not exist nearest equivalent International Standards/ Specifications will be followed. In absence of either the specified manufacturers’ specifications shall be followed. In absence of all these, the Engineer’s instructions shall be followed

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13.0 Site Office for the Employer

The Contractor will provide free of cost temporary accommodation furnished with adequate numbers of chairs, tables, computer, printer, fax machine, almairah with lock and key to keep the records for the Engineer and his staff, at the site of work.

On expiry of maintenance period, the Site Office shall be dismantled and site cleared unless the Employer directs otherwise. The furniture will be returned to the Contractor at whatever condition they are on expiry of maintenance period.

14.0 Royalty charges payable on minor minerals by the contractor in works

contract

RITES Ltd. shall deduct Royalty amount payable to Mines & Geology in the bills to be paid to the contractor, for all construction materials as certified by the Engineer-in-charge. RITES Ltd. will deposit the same amount to Department of Mines & Geology, Govt. of Karnataka as per the rates fixed by the Mines and

Geology Department, Govt. of Karnataka for construction materials.

The Contractor should also indemnify the Employer against any legal action that may be instituted by the State Government, consequent on violation in the provisions in the relevant act by the contractor. A copy of the Format for Indemnity Bond is at Annexure ‘F’.

15. Settlement of Disputes & Arbitration

Except where otherwise provided in the Contract all questions and disputes relating to the meaning of the specifications, design, drawings and instructions herein before mentioned and as to the quality of workmanship or materials used on the work or as to any other question, claim, right, matter or thing whatsoever in any way arising out of or relating to the Contract, designs, drawings, specifications, estimates, instructions, orders or these conditions or otherwise concerning the works or the execution or failure to execute the same whether arising during the progress of the work or after the cancellation, termination, completion or abandonment thereof shall be dealt with as mentioned hereinafter.

15.1 If the Contractor considers any work demanded of him to be outside the

requirements of the Contract, or disputes any drawings, record or decision given in writing by the Engineer on any matter in connection with or arising out of the Contract or carrying out of the work, to be unacceptable, he shall promptly within 15 days request the Appellate Authority in writing for written instruction or decision. Thereupon, the Appellate Authority shall give his written instructions or decision within a period of one month from the receipt of the Contractor’s letter.

If the Appellate Authority fails to give his instructions or decision in writing within the aforesaid period or if the Contractor is dissatisfied with the instructions or decision of the Appellate Authority, the Contractor may, within 15 days of the receipt of the Appellate Authority decision, appeal to the Appointing Authority

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who shall afford an opportunity to the Contractor to be heard, if the latter so desires, and to offer evidence in support of his appeal. The Appellate Authority shall give his decision within 30 days of receipt of Contractor’s appeal. If the Contractor is dissatisfied with this decision, the Contractor shall within a period of 30 days from receipt of the decision, give notice to the Apointing Authority i. e. for appointment of arbitrator failing which the said decision shall be final binding and conclusive and not referable to adjudication by the arbitrator.

15.2 Except where the decision has become final, binding and conclusive in terms of

Sub Para (15.1) above, disputes or difference shall be referred for adjudication through arbitration by a sole arbitrator appointed by the Appointing Authority. The selection of Arbitrator by the Appointing Authority will be governed by the fact whether the dispute is (i) between two Public Sector Enterprises or (ii) between a Public Sector Enterprise and a Government Department or (iii) Otherwise.

In case the disputes does not fall under item (i) or (ii) of this Para the Appointing Authority, shall appoint the sole Arbitrator. Within 30 days of receipt of notice from the Contractor to refer the dispute for Arbitration, the Appointing Authority shall send to the Contractor a list of three serving officers of RITES of appropriate status depending on the total value of claim, who have not been connected with the work under the Contract. The Contractor shall, within 15days of receipt of this list select and communicate to the Appointing Authority, the name of one officer from the list whop shall then be appointed as the Sole Arbitrator. If the Contractor fails to communicate his selection of name within the stipulated period, the Appointing Authority shall without delay, select one officer from the list and appoint him as the Sole Arbitrator.

15.3 In case the dispute falls under item (i) or (ii) of Para (15.2) above, the Appointing

Authority shall refer the dispute for Arbitration by one of the Arbitrators in the Department of Public Enterprises to be nominated by the Secretary to the Govt. of India in charge of the Department of Public Enterprises. The Arbitration & Conciliation Act 1996, shall not be applicable to the Arbitration in such a case. The Award of the Arbitrator shall be binding upon the parties to the dispute, provided however that any party aggrieved by such award may make a further reference for setting aside or revision of the Award to the Law Secretary, Department of Legal Affairs, Ministry of Law & Justice, Govt. of India. Upon such reference, the dispute shall be decided by the Law Secretary or the Special Secretary/Additional Secretary when so authorized by the Law Secretary, whose decision shall bind the parties finally and conclusively. The parties to the dispute will share equally the cost of Arbitration as intimated by the Arbitrator. The Arbitrator shall make a speaking Award and the Award may be published on plain paper. In the event of the Sole Arbitrator dying, neglecting or refusing to act or being unable to act for any reason, it shall be lawful for the Secretary to Govt. of India in charge of the Department of Public Enterprises to nominate another person in place of the outgoing Arbitrator to act as Sole Arbitrator. The new Arbitrator as appointed shall as far as practicable proceed from the stage where it was left by the outgoing Arbitrator.

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It is a term of this Contract that the party invoking arbitration shall give a list of disputes with amount claimed in respect of each such dispute along with the notice for appointment of arbitrator and giving reference to the rejection by the Appellate Authority of the appeal in the form at Annexure ‘G’. It is a term of this Contract that “Excepted matters” or matters where the decision of the Engineer-in-Charge or any higher authority has been stipulated as “Final and Binding” in various Clauses of Contract, stand specifically excluded from the purview of Arbitration Clause.

It is also a term of this Contract that no person other than a person appointed by such Appointing Authority as aforesaid should act as arbitrator and if for any reason that is not possible, the matter shall not be referred to arbitration at all.

It is also a term of this Contract that if the Contractor does not make any demand for appointment of arbitrator in respect of any claims in writing as aforesaid within 120 days of receiving the intimation from the Engineer-in-Charge that the final bill is ready for payment, the claim of the Contractor shall be deemed to have been waived and absolutely barred and the Employer shall be discharged and released of all liabilities under the Contract in respect of these claims.

15.4 Obligation during pendency of arbitration

Work under the Contract shall unless otherwise directed by the Engineer-in-Charge continue during the Arbitrator proceeding and no payment due or payable by the Employer shall be withheld on account of such proceedings, provided however, it shall be open for the Arbitrator to consider and decide whether or not such work should continue during arbitration proceedings.

15.5 Signing of “No Claim” certificate

The Contractor shall not be entitled to make any claim whatsoever against the Employer under or by virtue of or arising out of the Contract, nor shall the Employer entertain or consider any such claim if made by the Contractor after he shall have signed a “No Claim Certificate” in favour of the Employer in such form as stipulated by the Employer, after the works are finally measured up. The Contractor shall be debarred from disputing the correctness of any item covered by the “No Claim Certificate” or demanding a reference to arbitration in respect thereof.

15.6 Parties to be impleaded in the arbitration proceedings

In case of any claims by the Contractor, the Employer as well as RITES Ltd acting as Agent to the Employer will implead themselves as parties to the Arbitration Proceedings.

15.7 The arbitration shall be conducted in accordance with the provisions of the

Arbitration and Conciliation Act, 1996 (26 of 1996) or any statutory modifications or reenactment thereof and the rules made there under and for the time being in

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force shall apply to the arbitration proceeding under this clause, except for cases falling under para 15.2 (i) or (ii).

15.8 It is also a term of this Contract that the arbitrator shall adjudicate on only such

disputes as are referred to him by the appointing authority and give separate award against each dispute and claim referred to him and in all cases where the total amount of the claims by any party exceeds ` 1,00,000/- the arbitrator shall give reasons for the award.

15.9 It is also a term of the Contract that the arbitral award is for the payment of money, no interest shall be payable on whole or any part of the money for any period till the date on which the award is made.

15.10 It is also a term of this Contract that the arbitrator shall indicate

i) the Award amount payable on the date of award ii) the period within which it is to be paid and iii) Simple rate of interest applicable beyond the stipulated free period for

making payment of Award amount. 15.11 It is also a term of the Contract that if any fees are payable to the arbitrator these

shall be paid equally by both the parties. 15.12 It is also a term of the Contract that the arbitrator shall be deemed to have

entered on the reference on the date he issues notice to both the parties calling them to submit their statement of claims. The venue of the arbitration shall be such place as may be fixed by the arbitrator in his sole discretion. The fees, if any, of the arbitrator shall, if required to be paid before the award is made and published, be paid half and half by each of the parties. The cost of the reference and of the award (including the fees, if any, of the arbitrator) shall be in the discretion of the arbitrator who may direct to any by whom and in what manner, such costs or any part thereof shall be paid and fix or settle the amount of costs to be paid so.

16.0 Guarantee Bond for Specialized items of works: The specialized items of works such as Anti termite, water proofing shall be

entrusted to a specialized Firm or Registered Contractor, who shall give specific guarantee that they shall be responsible for removal of any defect cropping up in these works executed by them with in the Guarantee Period of 5 years. The form in which the Guarantee to be executed by the contractor on Stamp paper of required value is at Annexure – H and Annexure – I respectively for Water proofing and Anti Termite respectively.

17.0 Alteration in drawings / Specifications / Designs The Engineer-in-charge shall have the power to make alterations, omissions from

additions to or substitutions for the original specifications, drawings, designs and instructions that may appear to him to be necessary or advisable during the progress of the work.

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ANNEXURE - A PROFORMA FOR BANK GUARANTEE FOR MOBILIZATION ADVANCE /ADVANCE

PAYMENT (On Non-Judicial Stamp Paper of Appropriate Value)

To, RITES LTD. __________ 1. In consideration of, RITES Ltd. Acting for and on behalf of as Agent/Power of Attorney Holder of ________ (hereinafter called “The Employer”) (which expression shall unless repugnant to the subject or context include its successors and assigns) having agreed under the terms and conditions of the Contract Agreement No. ______ dated _________ with* ________ in connection with the work of _________________ _ (hereinafter called "the said Contract") to make at the request of the Contractor‟ a lumpsum advance of Rs. ______/- (Rupees __ only) for utilizing it for the purpose of the Contract on his furnishing a Guarantee acceptable to the Employer, we, _______Bank incorporated under ____and having one of our branches at ________ (hereinafter referred to as "the said Bank") do hereby guarantee the due recovery by the Employer of this said advance with interest thereon as provided according to the terms and conditions of the Contract. If the said Contractor fails to utilize the said advance for the purpose of the Contract and / or the said advance together with Interest thereon as aforesaid is not fully recovered by the Employer, we, Bank hereby unconditionally and irrevocably undertake to pay to RITES Ltd. on demand and without demur to the extent of the said sum of Rs. ___________ /- (Rupees ___________ only), any claim made by the Employer on us for the loss or damage caused to or suffered by the Employer by reason of the Employer not being able to recover in full the said sum of Rs. /- (Rupees ____ only) with interest as aforesaid. 2. We, Bank further agree that the Employer shall be the sole judge of and as to whether the said Contractor has not utilized the said advance or any part thereof for the purpose of the Contract and the extent of loss or damage caused to or suffered by the Employer on account of the said advance together with interest not being recovered in full and the decision of the Employer that the said Contractor has not utilized the said advance or any part thereof for the purpose of the Contract and as to the amount or amounts of loss or damage caused to or suffered by the Employer shall be final and binding on us. 3. We, the said Bank, further agree that the Guarantee herein contained shall remain in force and effect during the period that would be taken for the performance of the said Contract and till the said advance with interest has been fully recovered and its claims satisfied or discharged and till the Employer certifies that the said advance with interest has been fully recovered from the said Contractor, and accordingly shall have no claim under this Guarantee after 30 (thirty) days from the date of satisfactory completion of the said Contract (as per the mutually agreed Work Schedule) i.e. upto and inclusive of (date) unless a notice of the claim under this Guarantee has been served on the Bank

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before the expiry of the said period i.e. (date) in which case the same shall be enforceable against the Bank notwithstanding the fact, that the same is enforced after the expiry of the said period. 4. The Employer shall have the fullest liberty without affecting in any way the liability of the Bank under this Guarantee or Indemnity, from time to time, to vary any of the terms and conditions of the said Contract or the advance or to extend time of performance by the said Contractor or to postpone for any time and from time to time any of the powers exerciseable by it against the said Contractor and either to enforce or forbear from enforcing any of the terms and conditions governing the said Contract or the advance available to the Employer and the said Bank shall not be released from its liability under these presents by any exercise by the Employer of the liberty with reference to the matters aforesaid or by reasons of time being given to the said Contractor or any other forbearance, act or omission on the part of the Employer or any indulgence by the Employer to the said Contractor on any other matter or thing whatsoever which under the law relating to sureties would, but for this provision, have the effect of so releasing the Bank from its such liability. 5. It shall not be necessary for the Employer to proceed against the Contractor before proceeding against the Bank and the Guarantee herein contained shall be enforceable against the Bank notwithstanding any security, which the Employer may have obtained or obtain from the Contractor shall at the time when proceedings are taken against the Bank hereunder, be outstanding or unrealized. 6. We, the said Bank, lastly undertake not to revoke this Guarantee during its currency except with the previous consent of the Employer in writing and agree that any change in the Constitution of the said Contractor or the said Bank shall not discharge our liability hereunder. If any further extension of this Guarantee is required the same shall be extended to such required periods on receiving instructions from the Contractor M/s ________. on whose behalf this Guarantee is issued. Notwithstanding anything contained herein before our liability under this Guarantee is restricted to Rs.---------- (Rupees only) together with interest . Our undertaking shall commence from the date of execution and shall remain in force upto Dated this day of -----------In presence of For and on behalf of (the Bank) Signature Name: WITNESS Designation 1. ____________ Authorization No. Seal of the Bank 2. ____________

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The above Guarantee is accepted by the Employer

For RITES Ltd.

For and on behalf of (the Employer) as Agent/Power of Attorney Holder

NOTES ON PARA 1 *For Proprietary Concerns

Shri ---------------------- son of ------------------------ resident of _______________________carrying on business under the name and style of at ________(hereinafter called "the said Contractor" which expression shall unless the context requires otherwise include his heirs, executors, administrators and legal representatives). *For Partnership Concerns *M/s. _____________________a partnership firm with its office (hereinafter called "the said Contractor" which expression shall unless the context requires otherwise include their heirs, executors, administrators and legal representatives); the names of their partners being. (i) Shri _____________________________________ S/o (ii) Shri__________________________________S/o ______________________etc. For Companies * M/s. ________________ a company under the Companies Act, 1956 and having its registered office at ________ in the State of __________ (hereinafter called “the said Contractor” which expression shall unless the context requires otherwise include its administrators, successors and assigns).

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ANNEXURE - B

Form of Performance Security Bank Guarantee Bond

In consideration of the Employer having agreed under the terms and conditions of agreement No…………………………………… dated ………………. made between ………………………….( the employer ) represented by RITES Ltd for and on behalf of the employer as an agent and Power of Attorney Holder and ……………………………… (hereinafter called “the said contractor(s)”) ………. for the work ……………………………(herein after called the said agreement”) the Contractor having agreed to production of a irrevocable bank guarantee for ` …………………. (Rupees ……………………. Only) as a Security/ Guarantee for compliance of his obligations in accordance with the terms and conditions in the said agreement,

We …..……………………………………………. (hereinafter referred to as “ the

(indicate the Name of the Bank) Bank”) hereby undertake to pay to the ………………………….( the employer) represented by RITES Ltd for and on behalf of the employer as an agent and Power of Attorney Holder an amount not exceeding ` ……………………………… (Rupees ………………………………………………only) on demand by the employer represented by RITES Ltd for and on behalf of the employer as an agent and Power of Attorney Holder.

2. We …………………….………………………… do hereby undertake to pay the (indicate the Name of the Bank)

amounts due and payable under this guarantee without any demur, merely on a demand from ………………………….( the employer ) represented by RITES Ltd for and on behalf of the employer as an agent and Power of Attorney Holder stating that the amount claimed is required to meet the recoveries due or likely to be due from the said contractor(s). Any such demand made on the bank shall be conclusive as regards the amount due and payable by the bank under this guarantee. However, our liability under this guarantee shall be restricted to an amount not exceeding Rs…………………………. (Rupees ………………………………………….only).

3. We, the said Bank further under take to pay to the employer represented by

RITES Ltd. for and on behalf of the employer as an agent and Power of Attorney Holder any money so demanded not withstanding any dispute or disputes raised by the contractor(s) in any suit or proceeding pending before any court or Tribunal relating there to our liabilities under this present being absolute and unequivocal. The payment so made by us under this bond shall be a valid discharge of our liability for payment there under and the Contractor(s) shall have no claim against us for making such payment.

4. We …………….……………………….. further agree that the guarantee herein (indicate the Name of the Bank)

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contained shall remain in full force and effect during the period that would be taken for the performance of the said agreement and that it shall continue to be enforceable till all dues of the employer represented by RITES Ltd for and on behalf of the employer as an agent and Power of Attorney Holder under or by virtue of the said agreement have been fully paid and its claims satisfied or discharged or till Engineer-in-charge on behalf of the employer represented by RITES Ltd for and on behalf of the employer as an agent and Power of Attorney Holder certified that the terms and conditions of the said agreement have been fully and properly carried out by the said contractor (s) accordingly discharges this guarantee.

5 We …………………..…………………….. further agree with the employer (indicate the Name of the Bank)

represented by RITES Ltd for and on behalf of the employer as an agent and Power of Attorney Holder that the employer shall have the fullest liberty without our consent and without affecting in any manner our obligations hereunder to vary any of the terms and conditions of the said agreement or to extend time of performance by the said contractor (s) from time to time or to postpone for any time or from time to time any of the powers exercisable by the Employer against the said contractor (s) and to forbear or enforce any of the terms and conditions relating to the said agreement and we shall not be relieved from our liability by reason of any such variation, or extension being granted to the said contractor (s) or for any forbearance, act of omission on the part of the Employer or any indulgence by the Employer to the said contractor (s) or by any such matter or thing whatsoever which under the law relating to sureties would, but for this provision, have effect of so relieving us.

6. This guarantee will not be discharged due to the change in the constitution of the

Bank or the contractor (s). 7. We …………………………………(indicate the name of the Bank) lastly

undertake not to revoke this guarantee except with the previous consent of the employer represented by RITES Ltd for and on behalf of the employer as an agent and Power of Attorney Holder in writing.

8. This guarantee shall be valid upto ………………………… unless extended on

demand by the employer represented by RITES Ltd for and on behalf of the employer as an agent and Power of Attorney Holder. Not withstanding anything mentioned above, our liability against this guarantee is restricted to Rs……………………. (Rupees ……………………………………. Only) and unless a claim in writing is lodged with us within six months of the date of expiry or the extended date of expiry of this guarantee, all our liabilities under this guarantee shall stand discharged.

Dated the …………………….. day of ……………………….. for ……………………… (indicate the name of the Bank)”.

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ANNEXURE - C INDEMNITY BOND

Name of the work (On Non-Judicial Stamp paper of appropriate value) KNOW all men by these presents that I/We _________________ (Name of Contractor with address) ____________ do hereby execute Indemnity Bond in favour of RITES having their office at ______________ acting for and on behalf of ________ (the Employer) as Agent and Power of Attorney Holder. On this ________ day of _______ 2010. WHEREAS M/s.RITES appointed as the Consultants for the Project Management for and on behalf of ___ (the Employer) for the construction of ________ at ________ vide Tender No._________ THIS DEED WITNESSETH AS FOLLOWS: I/We, _______________ (Name of Contractor)_____________-- hereby do indemnify and save harmless RITES having their office at ____________________ from 1. Any third party claims, civil or criminal complaints / liabilities site mishaps and other accidents or disputes and / or damages occurring or arising out of any mishaps at the site due to faulty work, negligence, faulty construction and / or for violating any law, rules and regulations in force, for the time being while executing / executed civil works by me / us. 2. Any damages, loss or expenses due to or resulting from any negligence or breach of duty on the part of me / us or any sub contractor/s if any, servants or agents. 3. Any claims by an employee of mine / ours or of sub-contractors if any, under the workman compensation act and employers’ Liability act, 1939 or any other law rules and regulations in force for the time being and any acts replacing and / or amending the same or any of the same as may be in force at the time and under any law in respect of injuries to persons or property arising out of and in the course of execution of the contract work and / or arising out of and in the course of employment of any workman / employee. 4. Any act or omission of mine / ours or sub-contractor/s if any, our / their servants or agent which may involve any loss, damage, liability, civil or criminal action. IN WITNESS WHEREOF THE ______________________________ HAS SET HIS / THEIR HANDS ON THIS DAY OF _______________ 2004. SIGNED AND DELIVERED BY THE AFORESAID IN THE PRESENCE OF WITNESS: 1.______________ 2.______________

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ANNEXURE - D TECHNICAL SPECIFICATIONS

1.1 KPWD Specification issued by Govt. of Karnataka for all building and

related works. The specifications are available in CD / Soft copy. 1.2 STANDARD SPECIFICATIONS ISSUED BY CPWD 1.3 Civil Engineering Works CPWD Specification 2009 Vol. I & II. These Specifications have replaced CPWD

Specifications 1996 along with Correction Slips issued on them. These Specifications cover all types of Building Works. The specifications are available as a printed document issued by CPWD and also in soft copy PDF Format in CPWD website.

1.4 Electrical Engineering Works Part No. Description Year of issue I Internal 2005

II External 1994 III Lifts and Escalators 2003

IV Sub Stations 2007 V Wet Riser and Sprinkler Systems 2006 VI Heating, Ventilations & Air Conditioning Works 2005 VII D.G.Sets 2006 The above documents are available as Priced Document issued by CPWD and in

soft copy PDF Format in CPWD website. 2.0 STANDARD SPECIFICATIONS ISSUED BY MINISTRY OF SURFACE

TRANSPORT

Specifications for Road and Bridge works (Fourth Revision) August 2001 have been published by Indian Road Congress as a priced document. These Specification cover exhaustively various Road and Bridge works.

3.0 STANDARD SPECIFICATIONS ISSUED BY INDIAN RAILWAYS

Railway Board vide their letter No. 2009/LMD/01/03 dated 14/01/2010 have advised that they have approved issue of “Indian Railways Unified Standard Specifications or Materials and works with corresponding Indian Railways Unified Standard Schedule of items (for rates of Materials and works)”. These documents are to be published by Northern Railway on behalf of Railway Board after the Zonal Railways have made out “Schedule of Rates” as applicable to them based on “Standard Analysis of Rates of items”. These Specification

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however cover only Building and Road works generally on the lines of CPWD and Ministry of Surface Transport. They do not cover Track works which are governed by Manuals and RDSO/Indian Railway Specifications. Pending publication of Unified Standard Specifications, the specifications issued by the zonal Railways will be applicable.

a. SPECIAL SPECIFICATIONS (NOT COVERED BY ANY STANDARD

SPECIFICATIONS)

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ANNEXURE - E

LIST OF APPROVED MAKES FOR CIVIL WORKS

SN Description Approved Makes 1 Sanitary ware (Vitreous China) Hindustan / Perryware / Neycer / CERA /

Jaguar or Equivalent 2 Seat Covers Commander, Parryware, Hindware or

Equivalent 3 CP Fittings Gem / Parko / Jaquar / Kingstone 4 CP Brass Accessories Parko / Kingstone / Gem / Jaquar 5 Stainless Steel Sink Neelkanth / AMC / Jayna / Prince / Venus /

Racold 6 G I Pipes Tata / Jindal (Hissar) / RK or equivalent 7 G I Fittings UNIK / R Brands / KS / Zoloto-M / Sun or

Equivalent 8 Ball valves Zoloto / AM / Leader 9 Butterfly Valves Audco / Intervalve / Keystone / Venus / KSB 10 Non return valves Gunmetal or

CI Leader / Zoloto / Kirloskar / IVC

11 CI Pipes / Fittings & Manhole covers

RIF / Neco / Bombay Iron Works

12 CI Pipes “Class - A” TISCO / Kesoram / Electro Steel 13 Stoneware Pipes / Traps Perfect / Burns / ISI Marked 14 UPVC pipes / fittings Supreme / Finolex / Polypack / Prince or

Equivalent 15 Insulation UP Twiga / Lloyd’s India Ltd. or equivalent 16 SFRC Manhole Covers /

Gratings KK Manholes / Moonlites / S K Precast / Concrete / Pragati Concrete

17 RCC Pipes IHP/Akshay / ISI marked 18 Hand Drier KOPAL / Argah / U-Tech / AOS-Robo 19 Automatic Flushing Angash International / KOPAL / Waves 20 Geycer Venus / Recold 21 PVC Storage Tank Sintex / Uniplast or equivalent 22 Flush valves Gem / Jagaur / Orient 23 (i) Cement

(ii) White Cement

ACC / L & T / BIRLA / VIKRAM / J K / Coramandel / Ultra Tech / Zuari / Penna / Panyan or Equivalent JK / Birla

24 T M T Steel SAIL / TATA / RINL / TISCO or equivalent 25 Structural Steel SAIL / TATA / RINL / TISCO or equivalent 26 Flush Doors Duraboard / Kit Ply / Merino Ply ISI Marked

or equivalent 27 Vitrified Tiles Diamontile / Marbo Granite / Granite /

Naveen / Nitco / Kajaria 28 Stainless Steel Jindal / SAIL / Golden or Equivalent 29 Aluminium Sections Hindalco / Jindal / Mahavir Indal or

equivalent

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30 Glass (Toughened) Saint Gobain / Modi Float / Asahi Float or equivalent

31 Polycarbonate Sheet Danpalon / Alcox / Polygal or equivalent 32 Interlocking Cement Concrete

Precast paver blocks Hindustan Tiles / Nimco Prefab / K K Manholes

33 HDPF Water Suply Pipes Duraline / Oriplast / Hallmark / Pioneer 34 Gunmetal gate valves, Non

return valves Leader / Zoloto

35 Paint / Primer / Oil bound distemper / Acrylic paint

1st Quality paints of Asian / Berger / Nerolac / ICI / Acro paints or equivalent

36 Ceramic Tiles (For walls & Floors)

Kajaria / Somany / Orient / Bell / Johnson / Naveen

37 Precast mosaic & P C tiles NITCO / MODERN or equivalent 38 Anodised Aluminium fittings for

Doors / windows Crown / ALANS / Classic / Bharat / Argent

39 Mild Steel Butt Hinges / Piano Hinges

Jolly / Garg / AMIT /ASI / Supreme

40 Pre-laminated particle board – exterior grade

Novopan / Merino / Anchorjam / Bhutan Board or equivalent

41 Water proof Cement Paint Snowcem / Asian Paints / Berger or equivalent

42 Ready Mix Concrete ACC / L & T / AHLCON / J K Cement / Unitech / Grasim / Birla / RMC / Ultratech or Equivalent

43 Black Board / Ply Phenol bonded boards of Merino / Duro / Samrat / Kit Ply or equivalent

44 Fire cum smoke check doors Navair / adhunik 45 Nuts Bolts / Screws Kundan / Puja / Atul 46 Perquet Floor Nemo / Prima Pergo 47 Mineral Fiber Ceiling Lloyd / Nittobo / Armstrong 48 Exterior grade Acrylic Servían Williums, Asian

Paints/Nerolac/Burger/ICI or Equivalent 49 Textures paint Rennova or Equivalent Note : Any Items/makes not covered in the above list, before using such material the prior written approval of Engineer-in-charge is to be taken.

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LIST OF APPROVED MAKE FOR ELECTRICAL WORKS SN Description Approved Makes 1 FRLS Wires (PVC Insulated,

Sheathed multi strand copper wire)

Polycab / Havells / RR Cable / Finolex / Anchor or Equivalent

2 Aluminium armoured XLPE Cable

Havells / National / Glostar / Universal / Nicco / Grandlay

3 Modular switches, Sockets & Fan Regulators (ISI Marked)

Legrand / Anchor / MK /ABB or Equivalent

4 Steel Conduit (ISI Marked) BEC / GB / TATA 5 Rising Main, Tap – off-Box,

Feed-in-Box Control & Switchgear / L&T/ GE (Power Control) / Shneider

6 Pre-wired MCB DB / Miniature Circuit Breaker / MCBs / MCCBs

Legrand / Siemens/ Havells / Standard / L & T

7 Main Switch fuse units, Changeover switches

ABB / Siemens / L&T / Legrand / Schneider / Standard / HPL

8 AC Ceiling Fan Crompton Greaves / Usha / Orient / Havells / Khaitan / GEC / Bajaj or Equivalent

9 PVC / Insulated Standard / Copper Conductor wire

National / Finolex or Equivalent

10 Telephone Cable Delton / Finolex / Telelink Micco / Kalinga / Kothari

11 Rigid PVC Conduit / Polythene Conduit / Flexible / PVC Conduit

Finolex

12 Buzzer / Bell Bajaj / Anchor / Getco / Cona 13 Exhaust Fan Khaitan / CGL / Almond / Usha / Bajaj 14 G I Pipes TATA / Jindal (Hissar) / RK 15 G I Fittings Unik / R Brand / Zoloto-M 16 6 AMPs ceiling Rose, Holder,

Adopter, Switches, Bell Push, Sockets, Pintops, Universal Boklet, DP Switches, Stepped Regulators, Bell

Lisha / Cona / ELEE / GM

17 ACP Cladding Euro board or Equivalent

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ANNEXURE - F

INDEMNITY BOND

(ON NON – JUDICIAL STAMP PAPER OF APPROPRIATE VALUE) NAME OF THE WORK: _____________________ Know all men by these presents that I/We ___________ (Name of the Contractor with address) do hereby execute Indemnity Bond in favour of RITES having their office at __________________ acting for and on behalf of __________________(Employer) as Agent/Power of Attorney Holder. On this ____________ day of _________________ Whereas M/s. RITES have been appointed as the Consultant for the Project Management for and on behalf of ________________________ (the Employer) for the work of ___________________ under Contract No. _____________________ dated __________. This Deed witnesseth as follows I/We _________________ (Name of the Contractor) hereby do indemnity and save harmless RITES having its office at _________________ from any claims by the State Government Department responsible for collection of royalty for minor minerals like red bajri, stone, kankar etc., on non-payment of royalty as due for the minor minerals used in the execution of the contract, in terms of provisions of the relevant State Act and Rules made thereon. IN WITNESS WHEREOF THE __________________ HAS SET HIS/HER HANDS ON THIS DAY OF ________________ SIGNED AND DELIVERED BY THE AFORESAID IN THE PRESENCE OF WITNESSES 1) _______________________ 2)_______________________

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ANNEXURE - G

CONTRACTOR’S NOTICE FOR APPOINTMENT OF ARBITRATOR

To The Group General Manager RITES. Dear Sir, In terms of Clause 5 of Special Conditions of Contract of the agreement, particulars of which are given below, I / We hereby give notice to you to appoint an arbitrator for settlement of disputes mentioned below: 1. Name of applicant 2. Whether applicant is Individual / Prop. Firm / Partnership Firm / Ltd. co. 3. Full address of the applicant 4. Name of the work and contract number in which arbitration sought 5. Name of the RITES Office which entered into contract 6. Contracted amount in the work 7. Date of contract 8. Date of start of work 9. Stipulated date of completion of work 10. Actual date of completion of work (if completed) 11. Total number of claims made 12. Total amount claimed 13. Date of intimation of final bill (if work is completed) 14. Date of payment of final bill (if work is completed) 15. Amount of final bill (if work is completed) 16. Date of request made to Engineer in-charge for decision 17. Date of receipt of Engineer in charge decision 18. Date of appeal to you. 19. Date of receipt of your decision

Specimen signature of the applicant (only the person / authority who signed the contract should sign)

I/ We certify that the information given above is true to the best of my / our knowledge. I / We enclose following documents. 1. Statement of claims with amount claimed against each claim. 2. 3. 4.

Yours faithfully, (Signature)

Copy in duplicate to 1.----- Engineer in Charge, RITES

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ANNEXURE - H

GUARANTEE BOND FOR ANTI TERMITE TREATMENT WORKS (On Non Judicial Stamp Paper of Appropriate Value)

The Agreement made this _______ day of Two Thousand _______ between M/s. _____ __________ (hereinafter called the Guarantor of the one part) and the _____ (hereinafter called the Employer of the other part). Whereas this agreement is supplementary to the Contract (hereinafter called the Contract)_________________dated _________ made between the Guarantor of the one part and the Employer acting through RITES Ltd. as Agent/Power of Attorney Holder of the other part, whereby the Contractor, interalia, undertook to render the Buildings and structures in the said Contract cited completely Termite proof. And whereas the Guarantor agreed to give a Guarantee to the effect that the said structures will remain Termite-proof for ten years to be reckoned from the date after the maintenance period prescribed in the Contract expires. During this period of guarantee the Guarantor shall make good all defects and for that matter, shall replace at his risk and cost, such wooden members as may be damaged by termites and in case of any other defect being found he shall render the building termite proof at his cost to the satisfaction of the Engineer-in-Charge and shall commence the works of such rectification within seven days from the date of issuing notice from the Employer calling upon him to rectify the defects failing which the work shall be got done by the Employer by some other Agency at the Guarantor's cost and risk and in the latter case the decision of the Employer as to the cost recoverable from the Guarantor shall be final and binding. That if the Guarantor fails to execute the Anti Termite Treatment or commits breaches there under, then the Guarantor will indemnify the Employer and his successors against all loss, damage, cost expense or otherwise which may be incurred by him by reason of any default on the part of the Guarantor in performance and observance of this supplementary agreement. As to the amount of loss and / or damage and / or cost incurred by the Employer, the decision of the Employer will be final and binding on the parties. In witness whereof these present have been executed by the Guarantor and by (Name & Designation of Officer of RITES Ltd). for and on behalf of the Employer as Agent/Power of Attorney Holder on the day, month and year first above written.. SIGNED, SEALED and delivered by the GUARANTOR in the presence of 1. 2. SIGNED for and on behalf of the Employer as Agent/Power of Attorney by -------- ---- (RITES LTD.) in the presence of - 1. 2. Copy to the Employer

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ANNEXURE - I

GUARANTEE BOND IN RESPECT OF WATER PROOFING WOKRS (On Non Judicial Stamp Paper of Appropriate Value)

The Agreement made this __________ day of _______ Two thousand and ______ between _______ (hereinafter called the Guarantor of the one part) and ______ (herein after called the “Employer”) on the other part. WHEREAS THIS agreement is supplementary to a Contract (hereinafter called the Contract) dated and made between the Guarantor of the one part and the Employer acting through RITES Ltd. as Agent/Power of Attorney Holder of the other part, whereby the Contractor, inter alia, undertook to render the buildings and structures in the said Contract cited completely water and leak-proof. And whereas Guarantor agreed to give a guarantee to the effect that the said structures will remain water and leak-proof for five years from the date of giving of water proofing treatment. Now the Guarantor hereby guarantees that water proofing treatment given by him will render the structures completely leak proof and the minimum life of such water proofing treatment shall be five years to be reckoned from the date after the maintenance period prescribed in the Contract. Provided that the Guarantor will not be responsible for leakage caused by earthquake or structural defects or misuse of roof or alteration and for such purpose. a) misuse of roof shall mean any operation which will damage water-proofing treatment, like chopping of firewood and things of the same nature which might cause damage to the roof. b) Alteration shall mean construction of an additional storey or a part of the roof or construction adjoining to existing roof whereby water-proofing treatment is removed in parts. c) The decision of the Employer with regard to cause of leakage shall be final. During this period of Guarantee, the Guarantor shall make good all defects and in case of any defect being found, render the building water proof to the satisfaction of the Employer at his cost and shall commence the work for such rectification within seven days from the date of issue of the notice from the Employer calling upon him to rectify the defects failing which the work shall be got done by the Employer by some other Contractor at the Guarantor's cost and risk. The decision of the Employer as to the cost, payable by the Guarantor shall be final and binding. That if Guarantor fails to execute the water proofing or commits breach there under then the Guarantor will indemnify the Employer and his successors against all loss, damage, cost expense or otherwise which may be incurred by him by reason of any default on the part of the Guarantor in performance and observance of this supplementary agreement.

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As to the amount of loss and/or damage and/or cost incurred by the Employer the decision of the Employer will be final and binding on the parties. In Witness whereof these present have been executed by the Guarantor _____________and by (Name & Designation of Officer of RITES Ltd. ) acting for and on behalf of the Employer as Agent/Power of Attorney Holder on the day, month and year first above written. SIGNED, SEALED and delivered by the GUARANTOR in the presence of 1. 2. SIGNED for and on behalf of the Employer as Agent/Power of Attorney by -------- ---- in the presence of - 1. 2. Copy to the Employer

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SPECIAL CONDITIONS OF CONTRACT FOR ELECTRICAL WORKS 1. General These Special Conditions of Contract supplement the preamble and General

Instructions, General Conditions of Contract, BOQ and basic rates and Technical Specifications and tender drawings enclosed thereto, and shall be considered as part of the Tender Papers. Where the provisions of these Special Conditions of Contract are at variance with the Preamble and General Conditions, General Conditions of Contract, Bill of Quantities and basic rates and Technical Specifications and Tender Drawings enclosed thereto, the provisions of these Special Conditions of Contract shall prevail.

2 Scope of work Providing Internal Electrification works such as supply & fixing of PVC conduits,

PVC insulated copper wires, distribution boards, light & fan fixtures, earthing obtaining power sanction from ESCOMS, Servicing of installation with permanent power supply complete as required.

3 Design/Drawings The drawings given with the tender only indicate the general scheme of

requirements. Contractors shall prepare all the detailed design and working drawings as detailed below and submit them to RITES for approval within 15 days from the date of award of contract.

i Preparation of detailed drawings for conduits laying, wiring, cable

laying, erection/fixing of various power panels, distribution boards, electrical equipments, fittings etc.

ii Detailed design and preparation of drawings for all street light poles,

feeder pillar boxes, chain link fencing for sub-station etc.

iii Preparation of all relevant drawings as per requirement and shall be

approved by KEB/Chief Electrical Inspectorate. The details of documents are to be according to latest instructions of the authorities concerned.

4 Details of Work

i Conduits laying, wiring, cable laying, erection/fixing of various power panels, distribution boards, electrical equipments, fittings etc.

ii Supply and erection of street light poles, feeder pillar boxes, chain

link fencing for sub-station etc.

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iii Obtaining permission/sanction from the concerned authorities, arranging the road cutting/crossing, shifting of electrical/telephone lines wherever required for electrical works.

iv. Arranging power supply from supply authorities.

v. Commissioning of all equipments as per standards and regulations. vi. Preparation of 'AS BUILT' drawings on tracing cloth for complete

installation/work done by the contractor and furnishing six sets of copies and original to RITES.

5 Execution of Work 5.1 The main contractor shall get the electrical work executed by a class I

registered electrical contractor holding valid licence issued by the State Government if he himself does not possess valid licence to under take electrical work. The tenderer shall furnish with his tender the particulars of the licence held by electrical contractor along with the credentials, certificates for having executed works of similar nature and magnitude.

5.2 If by any reasons the main contractor is compelled to terminate the work so

entrusted to a proper agency as per clause 5.1 above, he shall appoint another equally suitable agency with prior intimation to the Site Engineer/RITES and the entire procedures adopted for engaging the previous agency have to followed for the new agency's appointment also. This change of agency is to be processed in a smooth way so as not to affect the general progress of the work in any manner whatsoever.

5.3 All the work i.e., power panels, distribution boards, equipments layout, conduits

layout, electrical wiring, street lighting, cable laying, earthing etc., have to done as per approved drawings and directions given at site by the Engineer.

5.4 The Contractor shall co-ordinate with the other agencies such as civil work

Contractors, Electricity Board etc. in the area and work in close liaison with them.

5.5. The Contractor shall prepare a programme for completion of various works with

'PERT CHART' within 15 days of awarding the contract in consultation with the Employer and submit the same to the Employer.

6 Quality of materials and works 6.1 All materials used in the execution of the contract shall be of the best quality

and of the class most suited for the purpose specified. Components, assemblies and equipments to be procured shall be from proven reputed and authorised sources. The work shall also conform to relevant rules and regulations of statutory bodies, supply authorities like KEB, CEIG etc.

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6.2 All erection work shall be of the best quality to the entire satisfaction of the RITES. The Contractor shall ensure that the equipments and services under the scope of this contract whether manufactured or performed within the Contractor's premises or at his subordinate's premises or at the work site or at any other place are strictly in accordance with the provisions of this contract. For this purpose, the Contractor shall adopt necessary quality assurance programme to control such activities at all stages.

7 Approval of materials/Inspection 7.1 The samples of materials to be used in the work are to be got approved by the

Engineer before putting them into the work and the samples approved are to be available at site until the completion of the work. All electrical equipments/appliances to be procured and installed are to be inspected and certified by the Engineer or by any other officials nominated by RITES Ltd. before despatch from the respective manufacturer's/ agency's premises.

8 Consequence of Rejection On the equipment/assemblies being rejected by the Inspecting Officer of

RITES Ltd. at destination the Contractor shall replace such rejected equipment/assemblies of the work forthwith but in any event not later than a period of 2 (two)weeks in the case of minor equipments and 4(four) weeks in the case of major equipments from the date of rejection. The Contractor shall bear all the costs of replacement including freight, etc., but shall not be entitled to any extra time on this account. The decision as to whether the equipment is to be classified as Minor or Major for the purpose of this clause shall be that of the Engineer and it is not questionable.

The Contractor shall, if the equipment(s)/assemblies are rejected at the destination by the consignee be liable to reimburse to RITES the frieght, in addition to his other liabilities including refund or price recoverable in respect of the equipment/assemblies so rejected.

9 Installation 9.1 All works connected with and inclusive of installation and erection under this

contract shall be done in accordance with the standard and established methods of installation and erection of electrical equipments and shall comply with relevant Indian Electricity Rules, ISI Codes, Specifications and Standards. The work shall also be guided by the instructions/recommendations of the manufacturers. The equipments shall be leveled carefully before being fixed finally in position. All fragile and sensitive equipments shall be protected adequately and handled carefully during installation and erection.

9.2 All bolts, nuts and locknuts, screws, locking plates, split pins, etc., shall be

cadmium plated / galvanized.

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9.3 If the tenderer includes a number of manufacturers for any equipment or element, RITES reserves the right to choose only one of the makes so offered and the Contractor shall have to supply and install the particular make of equipment so chosen by RITES in the event of his offer being accepted.

9.4 The location for foundation, trenches, etc., shall be correctly set out in

accordance with the approved layout drawings in the presence of the RITES Engineer.

9.5 All installations erection work shall be subject to inspection by RITES to ensure that the work is done in accordance with the approved specifications, designs and drawings.

10 Completion of work Completion of work means completion of all the items specified in the contract

and/or any additional works that are required to be executed as per contract in connection with the main work in all respects and final testing and commissioning of the entire installations as per statutory requirements and handing over of the entire installation in good working condition with all the relevant documents such as operation/instruction manuals, catalogues, spare part lists, test certificates for all switch gear items, guarantee cards for all special equipments, approval of statutory bodies, 'AS BUILT' drawings, wiring diagrams, schematic diagrams etc., required for the proper maintenance of the installation.

11 Commissioning Tests 11.1 As soon as the installations are ready for commissioning/energisation, the

Contractor shall arrange for all the tests/inspection as required by the relevant ISS and/or IE Rules and advise RITES Ltd. and others concerned.

RITES Ltd. shall depute their Inspecting Officer for witnessing the tests and to carryout inspection independently and also jointly with other concerned agencies wherever necessary and only after the installation passes the required tests and inspection, it should be commissioned/energised. The contractor shall record all the necessary test results as per the form of completion report attached and any other test records as required by the supply/inspecting authorities and shall submit the same for verification of the site engineer and obtain specific approval before commissioning the installation.

11.2 The Contractor shall take full responsibility for these tests. RITES Ltd., where

possible, may permit the Contractor for the purpose of testing, the use of any instruments/apparatus and electric power which RITES Ltd. can conveniently spare for the tests at site. If, further tests are required due to the Contractor's work not complying with the specifications, RITES Ltd. at their discretion may ask the Contractor to pay the cost of providing the additional energy required. The Contractor shall provide all apparatus and energy which

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may be required for drying out the equipments in a manner approved by RITES Ltd. In the case, of the Contractor failing to comply with any of the provisions of this clause and the said tests are to be repeated, the Contractor shall pay all fees and expenses in connection therewith.

11.3 Visual Inspection shall include check for satisfactory workmanship, all

connections, painting, plastering, cleanliness of all fittings etc., and compliance with Indian Electricity Rules.

11.4 The ammeters, volt meters and energy meters shall be checked for their

calibration, scale, accuracy, etc., for compliance with the specified requirement. 11.5 The Contractor shall arrange for all protective relays to be tested and calibrated

in a recognised testing laboratory at his own cost just prior to installation and shall submit six copies of the test certificates to RITES Ltd.

i All relays shall be tested for compliance to IS:3231 in regard to: a Type Tests, b Routine Tests.

ii Manufacturer's test certificates shall be furnished as evidence that type tests have been made in accordance with IS:3231. Type test results together with appropriate drawings and records of any relevant alteration which may have been made to any relay subsequent to the Type Test, shall be made available.

iii Certificates of compliance to routine test shall also be furnished.

iv Routine tests shall be carried out at site prior to commissioning in compliance with IS:3231.

v Certificates of all type tests together with a record of any alterations, whether considered important or not, which may have been made to the design of the equipment with which type tests were made, shall be furnished. Type Tests shall be made and certified by the manufacturer or by an agreed independent authority. If RITES Ltd. so required, the Type Tests shall be repeated.

11.6 All cables shall be tested at manufacturer's works in compliance to relevant standards. All cables and connections after erection shall be tested as required by RITES Ltd. for:

i Pressure Test, ii Insulation Test. 11.7 Earth resistance shall be measured and recorded separately for each earth

electrode and when they are connected together and to the equipment.

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12 Guarantee 12.1 The Contractor shall guarantee that all the equipments and the works executed

under this contract shall be free from all defects and faults in materials, design, workmanship and manufacture and shall be of acceptable standards for the contracted work and in full conformity with the technical specifications, drawings and other contract stipulations.

12.2 This guarantee clause will not apply to defects arising from designs made,

furnished or specified by the Employer and for which the Contractor has disclaimed responsibility in writing within one month from the date of the letter of acceptance of tender.

12.3 This guarantee shall survive inspection of, payment for an acceptance of the

work but shall expire 12 (twelve) months from the date of acceptance of the completed work by RITES Ltd. except in respect of defects notified to the Contractor before the expiry of the guarantee period. Any approval or acceptance by RITES Ltd. at any stage of the work contracted shall not in any way absolve the Contractor's liability under this guarantee 12.4. The Contractor shall if required, replace, repair, execute and/or install the goods or such portion thereof as is rejected by RITES Ltd. free of cost at site or at the option of RITES Ltd. the Contractor shall pay to RITES Ltd. the value thereof and such other expenditure and damage as may arise by reason of the breach of the conditions herein specified.

12.4 If any defect is not remedied satisfactorily within the above mentioned 1 (one)

month, RITES Ltd. may proceed to do the work at Contractor's risk and cost and also without prejudice to any other rights of the Contractor under this contract.

12.5 If the Contractor so desires, the replaced parts can be taken over by him or his

Representative for disposal as he deems fit within a period of one month from the date of replacement of goods/parts. At the expiry of this period, no claim whatsoever shall lie on RITES Ltd.

12.6 RITES Ltd. may, at their discretion recover the ground rent for the goods/parts

which have been rejected during the guarantee period for the specified period of one month, if the rejected materials are not taken over within that period of one month by the Contractor or his Representative.

13 Contractor shall be allowed payment to the extent of 75% of the quoted value of

the materials such as transformers, structural items, electrical panels/distribution boards, UG cables, light fittings, fans, exhaust fans and street light poles brought to site for execution of work and provided that the materials are safeguarded against damages and losses due to improper storage, misuse and theft. Contractor's claim for such advances shall be supported by bills and/or physical verification of receipt of the materials at site by the Engineer and subject to:

i. Such materials are not in excess of the requirements of the work.

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ii. The materials are in accordance with the technical specifications of the work and brought with the prior approval of the Engineer-in-charge.

b. Ninety percent (90%) payment, item wise and building wise, shall be

released at accepted rates after satisfactory completion of works and testing duly deducting 75% advance paid already on supply.

c. Balance 10% of the rates shall be released after final commissioning of

the entire installation with permanent power supply to be arranged by the Contractor as per scope and terms of contract.

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CONTRACT DATA Items marked “N/A” do not apply in this Contract. The following documents are also part of the Contract: Clause Reference

� The Schedule of Operating and Maintenance Manuals [48] � The Methodology and Program of Construction [25] � Site Investigation Reports � [14] � The Schedule of Key and Critical Equipment to

be deployed on the work as per agreed program of construction. [25]

The Employer is: Name: RITES Ltd. on and behalf of Visvesvaraya Technology University, Belgaum [1.1] Address:

Regional Project Office(South), 208 & 209, Swapnalok Complex, S D Road

Secunderabad – 500 003 Phone – 040 – 27818397/27841499 Fax – 27813894

E-mail – [email protected] Site Office

3 A, Bharat Apartments, 44/1, Fairfield Layout, Race Course Road, Bangalore – 560 001

Phone: 22257118/ 22280268 Fax: 22266557 E-mail – [email protected]

Name of authorized Representative: Group General Manager(P) / General Manager(P) The name and identification number of the Contract is “Construction of Govt. Engineering College at Raichur in Karnataka for VTU” OPEN TENDER NOTICE NO. RITES/RPO(S)/BLR/OT/06/2012 dated 17.10.2012 [1.1] The Works consist of Constructions of Govt. Engineering College The start date shall be the date of issue of notice to proceed with the work Or handing over of site whichever is later. [1.1] The Intended Completion Date for the whole of the Works is 18 months [17, 26]

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Milestone Dates Physical works with respect

to financial progress to be completed

Period from the date of issue of Notice to proceed with the work

Milestone 1 i.e. 1/3rd of the total project cost 6 months Milestone 2 i.e. 2/3rd of the total Project cost 12 months Milestone 3 i.e. Total Project Cost –

completion of the buildings in all respects.

18 months

The Site position date is the date of handing over of site completely in all respects by the Engineer [21] The Site is located at: Raichur in Karnataka [1.1]

The Defects Liability Period is 365 days. From the date of handing over of the building to the client [31]

Note :- The period should depend up on the period required for testing of the work. In case of building it could be 12 months (passing of one rainy season); for pipe laying work, tanks, water retaining structures, the time required for testing; for canals, lining works, the passing of one monsoon or running of canal whichever is lower; roads and highways passing of one monsoon (12 months)

Insurance requirements are as under: [13] SN Type of Cover Minimum cover for insurance (Employer to

specify as per requirement. Exclusions if any should also be specified.)

(i) Works and of plant and materials The sum stated in the agreement plus 20% (ii) Loss or damage to equipment Full replacement cost (iii) Loss or damage to property of third party Full replacement cost (iv) Personal injury or death insurance

(a) Third part (Specify an appropriate figure. For normal works it could be `20.00 lakhs to cover 4 persons @`5,00,000/- each.)

` 5,00,000/- per occurrence with the number of occurrence limited to four and current at all times.

b) For Contractor’s employees or labour In accordance with statutory requirements applicable to Karnataka

Price Adjustment Formula; [40]

The Formula has some normal components It should be changed if need be to suit the nature of the work.)

R= Value of work as defined in Clause 40.1 of Conditions of Contract.

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Adjustment for labour component: (i) Price adjustment for increase or decrease in the cost due to labour shall be paid in accordance with the following formula: VL = 0.85 X PL /100 X R X(Li - Lo ) /Lo Where, VL = Increase or decrease in the cost of work during the quarter under consideration due to changes in rates for local labour; Lo = The average consumer price index (The Index numbers are available in web site http://labourbureaunic.in/indiab.html) for Industrial workers Mercara/Dharwad (Insert the name of Centers for which the indices presently available for Karnataka State are Bangalore, Belgaum, Hubli / Dharwad, Mercara. Chose the center nearest to the work for which tenders are invited.) Center for the quarter preceding the date of opening of tenders as published by the Labour Bureau, Ministry of Labour, Government of India; Li = The average consumer price index for industrial workers for Mercara/Dharwad Centre for the quarter under consideration as published by Labour Bureau, Ministry of Labour, Government of India PL = Percentage of labour component of the work Adjustment for Cement Component: (ii) Price adjustment for increase or decrease in the cost of cement component procured by the contractor shall be paid in accordance with the following formula. VC = 0.85 X PC /100 X R X (Ci - Co ) /Co , Where, VC = Increase or decrease in the cost of the work during the quarter under consideration due to changes in the rates for cement; Co = The all India average wholesale price index (the Index Numbers are available in web site http://eaindustry.nic.in) for cement (Ordinary Portland Cement) for the quarter preceding the date of opening of the tenders as published by the Office of Economic Advisor, Ministry of Commerce and industry, Government of India , New Delhi; Ci = The all India average wholesale price index for cement (Ordinary Portland Cement) for the quarter under consideration as published by the Office of Economic Advisor, Ministry of Commerce and Industry, Government of India, New Delhi PC = Percentage of cement component of the work Note: For the application of this clause index of Ordinary Portland Cement (This may changed to any other type of cement depending on the nature work) has been chosen to represent Cement Group

Adjustment for steel component: (iii) Price adjustment for increase or decrease in the cost of steel procured by the contractor shall be paid in accordance with the following formula.

VS = 0.85 X PS /100 X R X (Si - So)/So where,

VS = Increase or decrease in the cost of work during the quarter under consideration due to changes in the rates for steel; So = The all India average wholesale price index for steel (M.S.Bars and rods) for the quarter preceding the date of opening of Bids as published by the Office of Economic Advisor, Ministry of Commerce and Industry, Government of India, New Delhi

Si = The all India average wholesale price index for steel (M.S. Bars and Rods) for the

quarter under consideration as published by the Office of Economic Advisor, Ministry of Commerce and Industry, New Delhi

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PS = Percentage of steel component of the work Note: For the application of this clause, index of M.S.Bars and Rods( This may be changed depending on the major type of steel used depending on the nature of work) has been chosen to represent steel group. Adjustment of Bitumen Component: - Deleted. (iv) Price adjustment for increase or decrease in the cost of bitumen shall be paid in accordance with the following formula: VB = 0.85 X PB/100 X R X (Bi - Bo)/Bo , Where VB = Increase or decrease in the cost of work during the quarter under consideration due to changes in the rate for bitumen. Bo = The official retail price of bitumen at the IOC /HPCL/BPL or any other depot at ………. (Insert the nearest location POL Depot) on the day 30 days prior to the date of

opening of Bids. Bi = The official retail price at the IOC/HPCL/BPCL or any depot at ----------- for 15th day of the middle calendar month of the quarter under consideration. PB = Percentage of bitumen component of the work Adjustment of Fuel and Lubricant component: (v)Price adjustment for increase or decrease in cost of Fuel and Lubricants shall be paid in accordance with the following formula: VF = 0.85 X PF /100 X R X (Fi - Fo )/ Fo, Where, VF = Increase or decrease in the cost of work during the quarter under consideration due to changes in the rates for Fuel and Lubricants.

Fo = The official retail price of High Speed Diesel (HSD) at the IOC/HPCL/BPL or

other consumer pump at Raichur (Insert the location of the nearest POL consumer Pump)on the day 30 days prior to the date of opening of Bids. Fi = The official retail price of HSD at the IOC/HPCL/BPL or other consumer pump at Raichur for the 15th day of the middle calendar month of the quarter under consideration. PF = Percentage of Fuel and Lubricant component of the work. Note: For the application of this Clause the price of HSD (This could be appropriately changed any other item depending on the nature of the works) has been chosen to represent Fuel and Lubricant Group Adjustment for Plant and Machinery Spares Component: - Deleted. (vi) Price adjustment for increase or decrease in the cost of plant and machinery spares procured by the contractor shall be paid in accordance with the following formula: VP = 0.85 X PP/100 X R X (Pi - Po)/Po , Where VP = Increase or decrease in the cost of work during the quarter under consideration due to changes in the rates for plant and machinery spares.

Po = The all India average wholesale price index for Heavy machinery and parts for the

quarter preceding the date of opening of bids, as published by the Office of the Economic Advisor, Ministry of Commerce and Industry, Government of India, New Delhi Pi = The all India average wholesale price index for Heavy machinery and parts for the quarter under consideration as published by the Office of the Economic Advisor, Ministry of Commerce and Industry, Government of India, New Delhi PB = Percentage of Plant and Machinery Spares component of the work. Note: For the application of this Clause index of Heavy Machinery and Parts (This

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could be appropriately changed any other item depending on the nature of the works) has been chosen to represent the Plant and Machinery Spares Group. Adjustment for Other materials.: (vii) Price adjustment for increase or decrease in the cost of other materials other than cement, steel, bitumen and Fuel and Lubricants (Add, delete or change depending on the nature of the work), procured by the contractor shall be paid in accordance with the following formula: VM = 0.85 X PM/100 X R X (Mi - Mo)/Mo , Where VM = Increase or decrease in the cost of work during the quarter under consideration due to changes in the rates for local materials other than cement, steel, bitumen and Fuel and Lubricants. Mo = The all India average wholesale price index for all commodities for the quarter preceding the date of opening of bids, as published by the Office of the Economic Advisor, Ministry of Commerce and Industry, Government of India, New Delhi Mi = The all India average wholesale price index for all commodities for the quarter under consideration as published by the Office of the Economic Advisor, Ministry of Commerce and Industry, Government of India, New Delhi PM = Percentage of other material component (Other than cement, steel, bitumen and Fuel and Lubricants) of the work. The following percentages will govern the price adjustment for the entire contract

1. Labour - PL 25% 2. Cement – PC 20% 3. Steel – Ps 25% 4. POL ( Fuel & Lubricant component) 5% 5. Other materials - PM 25% ------------------------------------ Total 100% The Liquidate Damages for delay in achieving the milestones are as under: For Milestone 1 `̀̀̀5,000/- per day For Milestone 2 `̀̀̀10,000/- per day For Milestone 3 `̀̀̀11115,000/- per day

[41] The maximum amount of liquidated damages for the whole works is 10%(Ten percent) of final contract Price. [41] Penalty for non deployment of Engineers :- If required man power is not deployed rate of recovery shall be as under:-

Sl. No.

Qualification Field Penalty per month per Head (`)

i) Graduate with minimum 10 years experience

Civil Engg.

` 20,000/-

ii) Graduate with minimum 3 years of Civil Engg. ` 12,000/-

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Sl. No.

Qualification Field Penalty per month per Head (`)

experience / Diploma with minimum 5 years experience

iii) Graduate with minimum 2 years of experience / Diploma with minimum 5 years experience

Electrical Engineer

` 12,000/-

v) Graduate with minimum 2 years of experience / Diploma with minimum 5 years experience

Civil Engg.

` 12,000/-

The amount of the advance payment are: Nature of Advance Amount(`) Conditions to be fulfilled Mobilization 5% of the contract price On submission of un-

conditional Bank Guarantee (to be drawn before end of 20% contract period)

(The advance payment will be paid to the contract no later than 30 days after fulfillment of the above condition)

Repayment of advance payment for mobilization : [42]

The advance loan shall be repaid with percentage deductions from the interim payments certified by the Engineer under the Contract. Deductions shall commence in the next Interim Payment Certificate following that in which the total of all such payments to the Contractor has reached not less than 15 percent of the Contract Price Four months from the date of payment of first installment of advance, whichever period concludes earlier, and shall be made at the rate of 7.5% percent of the amounts of all Interim Payment Certificates until such time as the loan has been repaid, always provided that the loan shall be completely repaid prior to the expiry of the original time for completion pursuant to Clauses 17 and 26.

The date by which “as-built” (Completion Drawings) drawings (in 1 in 100 scale) in 2 sets are required is within 30 days of issue of certificate of completion of Whole work. [48]

(Score out which ever is not applicable) The date by which Operating and maintenance Manuals are required as within 30 days of issue of certificate of completion of whole or section of the works as the case may be. [48]

The amount to be withheld for failing to supply “as built” (The amount should be sufficient to get the completion drawings or Operating and Maintenance Manuals prepared by alternative agency in case the contractor fails to submit.) drawings or supply of Operation and Maintenance Manuals by the date required is `1,00,000/- ( To be filled by the Employer before issue of tender document)

Te following events shall also be fundamental breach of the contract : [49.2]

1. The contractor has contravened Clause 9 of CC.

The percentage to apply to the value of the work not completed representing the

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Employer's additional cost for completing the works shall be 30% (Change if need be. It should be sufficient to get the balance of works completed by alternative agency. [50.1] Submission of Performance Guarantee : 1. Time allowed for submission of P.G. from the date of issue of Letter of Acceptance

subject to maximum of 15 days 2. Maximum allowable extension beyond the period provided in above subject to a

maximum of 7 days Note: In case the tenderer / contractor fails to submit the Performance Guarantee within the time frame specified as above, penalty of ` 500/- per day for first ten days of lapse and ` 750/- per day beyond thereof shall be recovered subject to a maximum of 60 days inclusive of grace time of 22 days, provided the contractor commences the work and the progress is satisfactory to the Engineer-in-charge. [Special Conditions of Contract Clause No. 1]

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ANNEX-A

Guidelines on Banning of Business Dealings 1. Introduction 1.1 RITES, being a Public Sector Enterprise and ‘State’, within the meaning of Article

12 of Constitution of India, has to ensure preservation of rights enshrined in Chapter III of the Constitution. RITES has also to safeguard its commercial interests. It is not in the interest of RITES to deal with Agencies who commit deception, fraud or other misconduct in the execution of contracts awarded / orders issued to them. In order to ensure compliance with the constitutional mandate, it is incumbent on RITES to observe principles of natural justice before banning the business dealings with any Agency.

1.2 Since banning of business dealings involves civil consequences for an Agency

concerned, it is incumbent that adequate opportunity of hearing is provided and the explanation, if tendered, is considered before passing any order in this regard keeping in view the facts and circumstances of the case.

2. Scope 2.1 The procedure of (i) Suspension and (ii) Banning of Business Dealing with

Agencies, has been laid down in these guidelines. 2.2 It is clarified that these guidelines do not deal with the decision of the

Management not to entertain any particular Agency due to its poor / inadequate performance or for any other reason.

2.3 The banning shall be with prospective effect, i.e., future business dealings. 3. Definitions

In these Guidelines, unless the context otherwise requires: i) `Bidder / Contractor / Supplier' in the context of these guidelines is

indicated as ‘Agency’.

ii) ‘Competent Authority’ and ‘Appellate Authority’ shall mean the following: a) The Director shall be the ‘Competent Authority’ for the purpose of

these guidelines. MD, RITES shall be the ‘Appellate Authority’ in respect of such cases.

b) MD, RITES shall have overall power to take suo-moto action on

any information available or received by him and pass such order(s) as he may think appropriate, including modifying the order(s) passed by any authority under these guidelines.

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iii) ‘Investigating Department’ shall mean any Department, Division or Unit investigating into the conduct of the Agency and shall include the Vigilance Department, Central Bureau of Investigation, the State Police or any other department set up by the Central or State Government having powers to investigate.

5. Initiation of Banning / Suspension:

Action for banning / suspension business dealings with any Agency should be initiated by the department/ unit having business dealings with them after noticing the irregularities or misconduct on their part.

5. Suspension of Business Dealings

5.1 If the conduct of any Agency dealing with RITES is under investigation by any

department, the Competent Authority may consider whether the allegations under investigation are of a serious nature and whether pending investigation, it would be advisable to continue business dealing with the Agency. If the Competent Authority, after consideration of the matter including the recommendation of the Investigating Department/Unit, if any, decides that it would not be in the interest to continue business dealings pending investigation, it may suspend business dealings with the Agency. The order to this effect may indicate a brief of the charges under investigation. The order of such suspension would operate for a period not more than six months and may be communicated to the Agency as also to the Investigating Department.

The Investigating Department/Unit may ensure that their investigation is completed and whole process of final order is over within such period.

5.2 As far as possible, the existing contract(s) with the Agency may be continued

unless the Competent Authority, having regard to the circumstances of the case, decides otherwise.

5.3 If the Agency concerned asks for detailed reasons of suspension, the Agency

may be informed that its conduct is under investigation. It is not necessary to enter into correspondence or argument with the Agency at this stage.

5.4 It is not necessary to give any show-cause notice or personal hearing to the

Agency before issuing the order of suspension. However, if investigations are not complete in six months time, the Competent Authority may extend the period of suspension by another three months, during which period the investigations must be completed.

6. Grounds on which Banning of Business Dealings can be initiated 6.1 If the security consideration, including questions of loyalty of the Agency to the

State, so warrants;

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6.2 If the Director / Owner of the Agency, proprietor or partner of the firm, is convicted by a Court of Law for offences involving moral turpitude in relation to its business dealings with the Government or any other public sector enterprises or RITES, during the last five years;

6.3 If there is strong justification for believing that the Directors, Proprietors,

Partners, owner of the Agency have been guilty of malpractices such as bribery, corruption, fraud, substitution of tenders, interpolations, etc;

6.4 If the Agency employs a public servant dismissed / removed or employs a person

convicted for an offence involving corruption or abetment of such offence; 6.5 If business dealings with the Agency have been banned by the Govt. or any other

public sector enterprise; 6.6 If the Agency has resorted to Corrupt, fraudulent practices including

misrepresentation of facts; 6.7 If the Agency uses intimidation / threatening or brings undue outside pressure on

the Company (RITES) or its official in acceptance / performances of the job under the contract;

6.8 If the Agency indulges in repeated and / or deliberate use of delay tactics in

complying with contractual stipulations; 6.9 Based on the findings of the investigation report of CBI / Police against the

Agency for malafide / unlawful acts or improper conduct on his part in matters relating to the Company (RITES) or even otherwise;

6.10 Established litigant nature of the Agency to derive undue benefit; 6.11 Continued poor performance of the Agency in several contracts;

(Note: The examples given above are only illustrative and not exhaustive. The Competent Authority may decide to ban business dealing for any good and sufficient reason).

7. Banning of Business Dealings 7.1 A decision to ban business dealings with any Agency shall apply throughout the

Company. 7.2 If the Competent Authority is prima-facie of view that action for banning business

dealings with the Agency is called for, a show-cause notice may be issued to the Agency as per paragraph 8.1 and an enquiry held accordingly.

8. Show-cause Notice 8.1 In case where the Competent Authority decides that action against an Agency is

called for, a show-cause notice has to be issued to the Agency. Statement

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containing the imputation of misconduct or misbehaviour may be appended to the show-cause notice and the Agency should be asked to submit within 30 days a written statement in its defence. If no reply is received, the decision may be taken ex-parte.

8.2 If the Agency requests for inspection of any relevant document in possession of

RITES, necessary facility for inspection of documents may be provided. 8.3 After considering the reply of the Agency and other circumstances and facts of

the case, a final decision for Company-wide banning shall be taken by the Competent Authority. The Competent Authority may consider and pass an appropriate speaking order: a) For exonerating the Agency if the charges are not established; b) For banning the business dealing with the Agency.

8.4 The decision should be communicated to the Agency concerned along with a

reasoned order. If it decided to ban business dealings, the period for which the ban would be operative may be mentioned.

9. Appeal against the Decision of the Competent Authority 9.1 The Agency may file an appeal against the order of the Competent Authority

banning business dealing, etc. The appeal shall lie to Appellate Authority. Such an appeal shall be preferred within one month from the date of receipt of the order banning business dealing, etc.

9.2 Appellate Authority would consider the appeal and pass appropriate order which

shall be communicated to the Agency as well as the Competent Authority. 10. Review of the Decision by the Competent Authority

Any petition / application filed by the Agency concerning the review of the banning order passed originally by Competent Authority under the existing guidelines either before or after filing of appeal before the Appellate Authority or after disposal of appeal by the Appellate Authority, the review petition can be decided by the Competent Authority upon disclosure of new facts /circumstances or subsequent development necessitating such review.

11. Circulation of the names of Agencies with whom Business Dealings have been banned.

11.1 Depending upon the gravity of misconduct established, the Competent Authority of RITES may circulate the names of Agency with whom business dealings have been banned, to the Ministry of Railways and PSUs of Railways, for such action as they deem appropriate.

11.2 If Ministry of Railways or a Public Sector Undertaking of Railways request for

more information about the Agency with whom business dealings have been

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banned a copy of the report of Inquiring Authority together with a copy of the order of the Competent Authority/ Appellate Authority may be supplied.

12. Restoration 12.1 The Restoration of the banning order shall be for a specific time & on expiry of

the same, the banning order shall be considered as "withdrawn". 12.2 In case any agency applies for restoration of business prior to the expiry of the

ban order, depending upon merits of each case, the Competent Authority which had passed the original banning orders may consider revocation of order of suspension of business/lifting the ban on business dealings at an appropriate time. Copies of the restoration orders shall be sent to all those offices where copies of Ban Orders had been sent.

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RITES’s SAFETY CODE

1. Suitable scaffolds should be provided for the workmen for all works that cannot safely be done from the ground, or from solid construction except such short period work as can be done safely from ladders. When a ladder is used an extra mazdoor shall be engaged for holding the ladder and if the ladder is used for carrying materials as well suitable footholds and hand-hold shall be provided on the ladder and the ladder shall be given an inclination not steeper than ¼ to 1 (¼ horizontal and 1 vertical).

2. Scaffolding of staging more than 3.6m (12ft.) above the ground or floor, swung or

suspended from an overhead support or erected with stationary support shall have a guard rail properly attached or bolted, braced and otherwise secured atleast 90 cm. (3ft.) high above the floor or platform of such scaffolding or staging and extending along the entire length of the outside and ends thereof with only such opening as may be necessary for the delivery of materials. Such scaffolding or staging shall be so fastened as to prevent it from swaying from the building or structure.

3. Working platforms, gangways and stairways should be so constructed that they

should not sag unduly or unequally and if the height of the platform or the gangway or the stairway is more than 3.6m (12ft.) above ground level or floor level, they should be closely boarded; should have adequate width and should be suitably fastened as described in (2) above.

4. Every opening in the floor of a building or in a working platform shall be provided

with suitable means to prevent the fail of person or materials by providing suitable means to prevent the fail of person or materials by providing suitable fencing or railing whose minimum height shall be 90cm (3ft.).

5. Safe means of access shall be provided to all working platforms and other

working places. Every ladder shall be securely fixed. No portable single ladder shall be over 9m (30ft.) in length while the width between side rails in rung ladder shall in no case less than 29cm (11 ½”) for ladder upto and including 3m (10ft.) in length. For longer ladders this width should be increased atleast ¼” for each additional 30cm of length uniform step spacing of not more than 30cm shall be kept. Adequate precautions shall be taken to prevent danger from electrical equipment. No materials on any of the sites or work shall be stacked or placed the public from accident and shall be so stacked or placed as to cause danger or inconvenience to any person or the public. The Contractor shall provide all necessary fencing and lights to protect the public from accident and shall bound to bear the expenses of defence of every suit, action or other proceedings at law that may be brought by any person for injury sustained owing to neglect of the above precautions and to pay any damages and cost which may be awarded in any suit, action or proceedings to any such person or which may, with the consent of the contractor, be paid to compensate any claim by any such person.

6. Excavation and Trenching – All trenches 1.2m (4ft.) or more in depth, shall at all

times be supplied with atleast one ladder for each 30m (100ft.) in length or

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fraction thereof ladder shall extend from bottom of the trench to atleast 90cm. (3ft.) above the surface of the ground. The side of the trenches which are 1.4m (5ft.) or more in depth shall be stepped back to give suitable slope or securely held by timber bracing, so as to avoid the danger of sided collapsing. The excavated materials shall not be placed within 1.5m (5ft.) of the edges of the trench or half of the depth of the trench whichever is more. Cutting shall be done from top to bottom. Under no circumstances undermining or undercutting shall be done.

7. Demolition – Before any demolition work is commenced and also during the

progress of the work –

(i) All roads and open areas adjacent to the work site either be closed or suitably protected.

(ii) No electric cable or apparatus which is liable, to be a source of danger or a cable or apparatus used by operator shall remain electrically charged.

(iii) All practical steps shall be taken to prevent the danger to person employed from risk of fire or explosion or flooding. No floor, roof or other part of the building shall be so overloaded with debris or materials as to render it unsafe.

8. All necessary personal safety equipment as considered adequately by the

Engineer should be kept available for the use of the person employed on the site and maintained in a condition suitable for immediate use, and the contractor should take adequate step to ensure proper use of equipment by those concerned: The following safety equipment shall invariably be provided.

(i) Workers employed on mixing asphaltic materials, cement and lime

mortars shall be provided with protective footwear and protective goggles. (ii) Those engaged in white washing and mixing or stacking of cement bags

or any material which is injurious to the eyes shall be provided with protective goggles.

(iii) Those engaged in welding works shall be provided with welder’s protective eyeshields.

(iv) Stonebreaker shall be provided with protective goggles and protective clothing and seated at sufficiently safe intervals.

(v) When workers are employed in sewers and manholes, which are in active use, the contractors shall ensure that the manhole covers are opened and ventilated for an hour before the workers are allowed to get into the manholes, and the manholes so opened shall be cordoned off with suitable railing and provided with warning signals or boards to prevent accident to public. In addition, the contractor shall ensure that the following safety measure are adhered to : (a) Entry for workers into the line shall not be allowed except under

supervision of the Junior Engineer or any other higher officer. (b) At least 5 to 6 manholes up stream and down stream should be kept

open for at least 2 to 3 hours before any man is allowed to enter into the manhole for working inside.

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(c) Before entry presence of Toxic gases should be tested by inserting wet lead acetate paper which changes colour in the presence of such gases and gives indication of their presence.

(d) Presence of Oxygen should be verified by lowering a detector lamp in to the manhole. In case, no oxygen is found inside the sewer line, workers should be sent with oxygen kit.

(e) Safety belt with rope should be provided to the workers. While working inside the manhole inside the manholes such rope should be handled by two men standing outside to enable him to be pulled out during emergency.

(f) The area should be barricaded or cordoned of by suitable means to avoid mishaps of any kind. Proper warning signs should be displayed for the safety of the public whenever cleaning works are undertaken during night or day.

(g) No smoking or open flames shall be allowed near the blocked manhole being cleaned.

(h) The malba obtained on account of cleaning of blocked manholes and sewer lines should be immediately removed to avoid accidents on account of slippery nature of the malba.

(i) Workers should not be allowed to work inside the manhole continuously. He should be given rest intermittently. The Engineer may decide the time up to which a worker may be allowed to work continuously inside the manhole.

(j) Gas masks with Oxygen Cylinder should be kept at site for use in emergency.

(k) Air-blowers should be used for flow of fresh air through the manholes. Whenever called for portable air blowers are recommended for ventilating the manholes. The Motors for these shall be vapour proof and of totally enclosed type. Non-sparking gas engines also could be used but they should be placed atleast 2 meters away from the opening and on the leeward side protected from wind so that they will not be a source of friction on any inflammables gas that might be present.

(l) The workers engaged for cleaning the manholes/sewers should be properly trained before allowing to work in the manhole.

(m) The workers shall be provided with Gumboots or non-sparking shoes bump helmets and gloves non-safety lights and gas masks portable air blowers (when necessary). They must be supplied with barrier cream for anointing the limbs before working inside the sewer lines.

(n) Workmen descending a manhole shall try each ladder stop or rung carefully before putting his full weight on it to guard against insecure fastening due to corrosion of the rung fixed to manhole well.

(o) If man has received a physical injury, he should be brought out of the sewer immediately and adequate medical aid should be provided to him.

(p) The extent to which these precautions are to be taken depend on individual situation but the decision of the Engineer-in-charge regarding the steps to be taken in this regard in an individual case will be final.

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9. The contractor shall not employ men and women below the age of 18

years on the work of painting with products containing lead in any form. Wherever men above the age of 18 are employed on the work of lead painting, the following principles must be observed for such use. (i) White lead, sulphate of lead or product containing this pigments, shall not be used in painting operations (ii) Measures shall be taken, whenever required in order to prevent danger arising from the application of paint in the form of spray. (iii) Measures shall be taken, wherever practicable, to prevent danger arising out of or from dust caused by dry rubbing down and scraping. (iv) Adequate facilities shall be provided to enable working painters to wash during and on cessation of work. (v) Overall shall be worn by working painters during the whole of working period. (vi) Suitable arrangement shall be made to prevent clothing put off during working hours being spoiled by painting materials (vii) Cases of lead poisonings and suspected lead poisoning shall be notified and shall be subsequently verified by medical man appointed by competent authority of RITES. (viii) RITES may require, when necessary medical examination of workers. (ix) Instructions with regard to special hygienic precautions to be taken in the painting trade shall be distributed to working painters. (x) No paint containing lead or lead products shall be used except in the form of paste or ready-made paint. (xi) Suitable face masks should be supplied for use by the workers when paint is applied in the form of spray or a surface having lead paint is dry rubbed and scraped. (xii) Overalls shall be supplied by the contractors to the workmen and adequate facilities shall be provided to enable the working painters to wash during and on the cessation work.

10. When the work is done near any place where there is risk of drowning, all

necessary equipment should be provided and kept ready for use and all necessary steps taken for prompt rescue of any person in danger and adequate

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provision, should be made for prompt first aid treatment of all injuries likely to be obtained during the course of the work.

11. Use of hoisting machines and tackle including their attachments, anchorage and

supports shall confirm to the following standards or conditions:

(i) (a) These shall be of good mechanical construction, sound materials and adequate strength and free from patent defects and shall be kept repaired and in good working order. (b) Every rope used in hoisting or lowering materials or as a means of suspension shall be of durable quality and adequate strength, and free from patent defects.

(ii) Every crane driver or hoisting appliance operator, shall be properly qualified and no person under the age of 21 years should be in charge of any hoisting machine including any scaffolding which or give signals to operator.

(iii) In case of every hoisting machine and of every chain ring hook, shackle swivel and pulley block used in hoisting or as means of suspension the safe working load shall be ascertained by adequate means. Every hoisting machine and all gear referred to above shall be plainly marked with the safe working load. In case of a hoisting machine having a variable safe working load each safe working load and the condition under which it is applicable shall be clearly indicated. No part of any machine or any gear referred to above in this paragraph shall be loaded beyond the safe working load except for the purpose of testing.

(iv) In case of the employers machines, the safe working load shall be notified by the Electrical Engineer. As regards contractor’s machines the contractors shall notify the safe working load of the machine to the Engineer whenever he brings any machinery to site of work and get it verified by the Electrical Engineer concerned.

12. Motors, gearing, transmission, electrical wiring and other dangerous parts of

hoisting appliances should be provided with efficient safeguards. Hoisting appliances should be provided with such means as will reduce to the minimum the risk of accidental descent of the load. Adequate precautions should be taken to reduce to the minimum the risk of any part of a suspended load becoming accidentally displaced. When workers are employed on electrical installations, which are already energised, insulating mats, wearing apparel, such as gloves, sleeves and boots as may be necessary should be provided. The worker should not wear any rings, watches and carry keys or other materials, which are good conductors of electricity.

13. All scaffolds, ladders and other safety devices mentioned or described herein

shall be maintained in safe condition and no scaffold, ladder or equipment shall be altered or removed while it is in use. Adequate washing facilities should be provided at or near places of work.

14. These safety provisions should be brought to the notice of all concerned by

display on a notice board at a prominent place at work spot. The person

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responsible for compliance of the safety code shall be named therein by the contractor.

15. To ensure effective enforcement of the rules and regulations relating to safety

precautions the arrangements made by the contractor shall be open to inspection by the Labour Officer or Engineer of the department or their representatives.

16. Notwithstanding the above clauses from (1) to (15) there is nothing in these to

exempt the contractor from the operation of any other Act or Rule in force in the Republic of India.

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MODEL RULES FOR THE PROTECTION OF HEALTH AND SANITARY ARRANGEMENTS FOR WORKERS

EMPLOYED BY RITES OR ITS CONTRACTORS

1. Application

These rules shall apply to all buildings and construction works in charge of RITES in which twenty or more workers are ordinarily employed or are proposed to be employed in any day during the period during which the contract work is in progress.

2. Definition

Work place means a place where twenty or more workers are ordinarily employed in connection with construction work on any day during the period during which the contract work is in progress.

3. First-Aid Facilities

(i) At every work place there shall be provided and maintained, so as to be easily accessible during working hours, first-aid boxes at the rate of not less than one box for 150 contract labour or part thereof ordinarily employed. (ii) The first aid box shall be distinctly marked with a red cross on white background and shall contain the following equipment-

(a) For work places in which the number of contract labour employed does not exceed 50: Each first-aid box shall contain the following equipments :-

1) 6 small sterilised dressings. 2) 3 medium size sterilised dressings. 3) 3 large size sterilised dressings. 4) 3 large sterilised burn dressings. 5) 1 (30 ml.) bottle containing a two per cent alcoholic solution of iodine. 6) 1 (30 ml.) bottle containing salvolatile having the dose and mode of administration indicated on the label. 7) 1 snakebite lancet. 8) 1 (930gms.) bottle of potassium permanganate crystals. 9) 1 pair scissors. 10) 1 copy of the first-aid leaflet issued by the Director General, Factory Advice Service and Labour institutes, Government of India. 11) 1 bottle containing 100 tablets (each of 5 gms.) of aspirin. 12) Ointment for burns. 13) A bottle of suitable surgical antiseptic solution.

(b) For work places in which the number of contract labour exceeds 50.

Each first-aid box shall contain the following equipments.

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1) 12 small sterilised dressings. 2) 6 medium size sterilised dressings 3) 6 large size sterilised dressings. 4) 6 large size sterilised burn dressings. 5) 6 (15 gms.) packets sterilised cotton wool. 6) 1 (60 ml.) bottle containing a two per cent alcoholic solution

iodine. 7) 1 (60 ml.) bottle containing salvolatile having the dose and mode

of administration indicated on the label. 8) 1 roll of adhesive plaster. 9) 1 snake bite lancet. 10) 1 (30 gms.) bottle of potassium permanganate crystals. 11) 1 pair scissors. 12) 1 copy of the first-aid leaflet issued by the Director General

Factory Advice Service and Labour Institute/Government of India. 13) A bottle containing 100 tablets (each of 5 gms.) of aspirin. 14) Ointment for burns. 15) A bottle of suitable surgical antiseptic solution.

(iii) Adequate arrangements shall be made for immediate recoupment of the

equipment when necessary. (iv) Nothing except the prescribed contents shall be kept in the first-aid box. (v) The first-aid box shall be kept in charge of a responsible person who shall

always be readily available during the working hours of the work place. (vi) A person in charge of the first-aid box shall be a person trained in first-aid

treatment, in the work places where the number of the contract labour employed is 150 or more.

(vii) In work places where the number of the contract labour is 500 or more and hospital facilities are not available within easy distance from the works. First-aid posts shall be shall be established and run by a trained compounder. The shall be on duty and shall be available at all hours when the workers are at work.

(viii) Where work places are situated in places which are not towns or cities, a suitable motor transport shall be kept readily available to carry injured person or person suddenly taken ill to the nearest hospital.

4. Drinking Water

(i) In every place, shall be provided and maintained at suitable places, easily

accessible to labour, a sufficient supply of cold water fit for drinking. (ii) Where drinking water is obtained from an intermittent public water supply,

each work place shall be provided with storage where such drinking water shall be stored.

(iii) Every water supply or storage shall be at a distance of not less than 50 feet from any latrine drain or other source of pollution. Where water has to be drawn from an existing well which is within such proximity of latrine, drain or any other source of pollution, the well shall be properly chlorinated before water is drawn from it for drinking. All such walls shall be entirely closed in and be provided with trap door which shall be dust and waterproof.

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(iv)A reliable pump shall be fitted to each covered well, the trap door shall be kept locked and opened only for clearing or inspection which shall be done atleast once month.

5. Washing Facilities

(i) In every work place adequate and suitable for washing shall be provided

and maintained for the use of contract labour employed therein. (ii) Separate and adequate clearing facilities shall be provided for the use of

male and female workers. (iii) Such facilities shall be conveniently accessible and shall be kept in clean

and hygienic conditions. 6. Latrines and urinals (i) Latrines shall be provided in every work place on the following scale

namely: (a) Where females are employed there shall be atleast one latrine for every

25 females.

(b) Where males are employed, there should be atleast one latrine for every 25 males.

Provided that where the number of males or females exceeds 100, it shall

sufficient if there is one latrine for 25 males or females, as the case may be upto the first 100, and one for every 50 thereafter.

(ii) Every latrine shall be under cover and so partitioned off as to secure privacy, and shall have a proper door and fastenings.

(iii) Construction of latrines: The inside walls shall be constructed of masonry or same suitable heat resisting nonabsorbent materials and shall be cement washed inside and outside atleast once a year, Latrines shall not be of a standard lower than bore hole system.

(iv) (a) Where workers of both sexes are employed, there shall be displayed outside each block of latrine and urinal, a notice in the language understood by the majority of the workers “For Men Only” or “For Women Only” as the case may be.

(b)The notice shall also bear the figure of a man or of a woman, as the case may be.

(v) There shall be atleast one urinal for male workers upto 50 and one for female workers upto fifty employed at a time, provided that where the number of male or female workmen, as the case may be exceeds 500, it shall be sufficient if there is one urinal for every 50 males or females upto the first 500 and one for every 100 or part thereafter.

(vi) (a) The latrines and urinals shall be adequately lighted and shall be maintained in a clean and sanitary condition at all times.

(b)Latrines and urinals other than those connected with a flush sewage system shall comply with the requirements of the Public Health Authorities.

(vii) Water shall be provided by means of tap or otherwise as to be conveniently accessible in or near the latrine and urinals.

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(viii) Disposal of excreta: Unless otherwise arranged for by the local sanitary authority arrangements for proper disposal of excreta by incineration at the work place shall be made by means of a suitable incinerator. Alternately excreta may be disposed of by putting a layer of night soil at the bottom of a pucca tank prepared for the purpose and covering it with a 15 cm. layer of waste or refuse and then covering it with a layer of earth for a fortnight (when it will turn to manure).

(ix) The contractor shall on his own expense, carry out all instructions issued to him by the Engineer to effect proper disposal of night soil and other conservancy work in respect of the contractor’s workmen or employees on the site. The contractor shall be responsible for payment of any charges, which may be levied by Municipal or Contonment Authority for execution of such on his behalf.

7. Provision of Shelter During Rest At every place there shall be provided, free of cost, four suitable sheds, two for meals and the other two for rest separately for the use of men and women labour. The height of each shelter shall not be less than 3 meters (10 ft.) from the floor level to the lowest part of the roof. These shall be kept clean and the space provided shall be on the basis of 0.6 sqm. (6 s.ft.) per head. Provided that the Engineer may permit subject to his satisfaction, a portion of the building under construction or other alternative accommodation to be used for the purpose.

8. Crèches

(a) At every work place, at which 20 or more women worker are ordinarily

employed, there shall be provided two rooms of reasonable dimensions for the use of their children under at the age of six years. One room shall be as a playroom for the children and the other as their bedroom. The rooms shall be constructed with specifications as per Clause 19 H (ii) a,b & c.

(b) The rooms shall be provided with suitable and sufficient openings for light and ventilation. There shall be adequate provision of sweepers to keep the places clean.

(c) The contractor shall be supply adequate number of toys and games in the playroom and sufficient number of cots and bedding in the bedroom.

(d) The contractor shall provide one ayaa to look after the children in the creches when the number of women workers does not exceed 50 and two when the number of women workers exceed 50.

(e) The use of the rooms earmarked as creches shall be restricted to children, their attendants and mothers of the children.

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9. Canteen

(a) In every work place where the work regarding the employment of contract labour is likely to continue for six months and where in contract labour numbering one hundred or more are ordinarily employed, an adequate canteen shall be provided by the use of such contract labour.

(b) The canteen shall be maintained by the contractor in an efficient manner.

(c) The canteen shall consist of atleast a dining hall, kitchen, stone room, pantry and washing places separately for workers and utensils.

(d) The canteen shall be sufficiently lighted at all times when any person has access to it.

(e) The floor shall be made of smooth and impervious materials and inside walls shall be lime washed or colour washed atleast once in each year.

Provided that the inside walls of the kitchen shall be lime-washed every four month. (f) The premises of the canteen shall be maintained in a clean and

sanitary condition. (g) The premises of the canteen shall be maintained in a clean and

sanitary condition. (h) Waste water shall be carried away in suitable covered drains shall not

be allowed to accumulate so as to cause a nuisance. (i) Suitable arrangements shall be made for the collection and disposal

of garbage. (j) The dining hall shall accommodate at a time 30 per cent of the

contract labour working at a time. (k) The floor area of the dining hall, excluding the area occupied by the

service counter and any furniture except tables and chairs shall not be less than one square meter (10 sft.) per diner to be accommodated as prescribed in sub rule 9.

(l) (a) A Portion of the dining hall and service counter shall be partitioned off and reserved for women workers in proportion to their number. (b) Washing places for women shall be separate and screened to

secure privacy. (m) Sufficient tables stools, chairs or benches shall be available for the

number of diners to be accommodated as prescribed in sub-rule 9. (n) (i) 1. There shall be provided and maintained sufficient utensils

crockery, furniture and any other equipments necessary for the efficient running of the canteen.

2. The furniture utensils and other equipment shall be maintained in a clean and hygienic condition.

(ii)( 1) Suitable clean cloths for the employees serving in the canteen shall be provided and maintained.

(2)A service counter, if provided, shall have top of smooth and impervious materials.

(3)Suitable facilities including an adequate supply of hot water shall be based provided for the cleaning of utensils and equipments.

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(o) The food-stuffs and other items to be served in the canteen shall be in conformity with the normal habits of the contract labour.

(p) The charges for food-stuffs and beverages and any other items served in the canteen shall be based on ‘No Profit, No Loss’ and shall be conspicuously displayed in the canteen.

(q) The arriving at the price of food stuff and other article served in the canteen, the following items shall not be taken into consideration as expenditure namely:

1.The rent of land and building. 2.The depreciation and maintenance charges for the building and equipments provided for the canteen. 3.The cost of purchase, repairs and replacement of equipments including furniture, crockery, cutlery and utensils. 4.The water charges and other charges incurred for lighting and ventilation. 5.The interest and amounts spent on the provision and maintenance of equipments provided for the canteen.

(r) The accounts pertaining to the canteen shall be audited once every 12 months by registered accounts and auditors.

10. Anti-malarial precautions

The contractors shall at his own expense, confirm to all anti-malarial instruction given to him by the Engineer including the filling up of any borrow pits which may have been dug by him.

11. The above rules shall be incorporated in the contracts and in notices inviting tenders and shall from an integral part of the contractors.

12. Amendments

RITES may, from time to time, add to or amend these rules and issue directions. It may consider necessary for the purpose of removing any difficulty, which may arise in the administration thereof.