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Tender No DRM/S&T(ADI)/ Tele/ 02 of 2012-13<br />

Chapter – II – Special Condition of Contract<br />

works or on the property on which these are being or out to have been executed,<br />

and to retain and employ the same in the further execution of the works of any<br />

part thereof until the completion of the works without the Contractor being<br />

entitled to any compensation for the use and employment thereof or for wear and<br />

tear pr destruction thereof.<br />

The Engineer shall as soon as may be practicable after removal of the Contractor<br />

fix and determined ex-parte or by or after reference to the parties or after such<br />

investigation or enquiries as he may consider fit to make or institute and shall<br />

certify what amount (if any) had at the time of rescission of the contract been<br />

reasonably earned by or would reasonably accrue to the contractor in respect of<br />

the work then actually done by him under the contract and what was the value of<br />

any unused, or partially used materials, any constructional plant and any<br />

temporary works upon the site. The legitimate amount due to the contractor after<br />

making necessary deductions and certified by the Engineer should be released<br />

expeditiously<br />

Whenever the contracts are rescinded, the security deposit should be forfeited and<br />

the performance guarantee shall be en-cashed and the balance work should be got<br />

done separately.The balance work shall be got done independently without risk<br />

and cost of the original contractor. The original contractor shall be debarred from<br />

participating in the tender for executing the balance work<br />

2.9 PROGRAMME <strong>OF</strong> WORK EXECUTION<br />

(i)<br />

(ii)<br />

(iii)<br />

The Contractor shall have a competent project team with adequate resources to<br />

execute the work so that the entire work is completed within the completion<br />

period as mentioned in Clause 2.1 above ( Chapter II, Special Conditions of<br />

Contract).<br />

The Contractor is expected to have worked out a tentative programme for<br />

execution of the work well before issue of “Letter of Acceptance”, by Railway.<br />

Within 15 days of the date of issue of the LOA Contractor shall commence the<br />

work by way of submitting a Detailed Time and Activity Schedule for the<br />

execution of work aiming at completing the entire work within the stipulated<br />

completion time. The schedule shall thereafter be approved by the Engineer-In-<br />

Charge normally within 5 working days.<br />

Railway reserves the right to modify the activity schedule while approving the<br />

same as well as at any stage during execution if situation so warrants. Once<br />

approved, in the event of any slippage from the time schedule especially when<br />

resulting into time over-run of the work the contractor shall submit revised<br />

schedule duly justifying the circumstances without any delay. The revised<br />

schedule shall be approved by the Engineer-In-Charge only when considered<br />

justified in his opinion otherwise it will attract penal action on the contractor as<br />

per provision of this contract.<br />

Divisional Railway Manager (S & T) Ahmedabad-45<br />

For & on behalf of the president of India<br />

Chapter- II Page 9 of 32

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