Download NIT - Chittaranjan Locomotive Works - Indian Railway

Page 1 of 35Office of the Dy. Chief Electrical Engineer/MChittaranjan Locomotive works, ChittaranjanTelephone-0341-2525542Tele fax -0341-2525560TENDER NO: EL / CON /366/WC)Name & place of work: "Modification of LTOH service line intoU/G system by cable – 100 quarters.”Signature of the Tenderer with seal & date Page 1

Page 2 of 35Issued to ……………………………………………………………………………………..Of………………………………………………………………………………………………………………………………………………………………………………………………ondeposit of cost etc. of Rs. …………………………………………………………………..……………… vide C.R. No. ……………………………………………..date …………..INDIAN RAILWAYSChittaranjan Locomotive WorksP.O. Chittaranjan, Dist.BurdwanPREAMBLE AND INSTRUCTIONS TO TENDERER1. Tender No. EL/CON/366/WC2. Name & place of work : - "Modification of LTOH service line into U/G system by cable – 100quarters.”3 Tender Value: - Rs.1674534/- ( Rupees Sixteen lakhs seventy four thousand five hundred and thirtyfour) only4. Tender documents consist of following parts: - Page No.Part-: Preamble and instructions to tenderer 2 - 4Tender FORM-1 5 - 6Tenderers credentials FORM-5 7I : Regulations of tender 8 - 10II : Conditions of Tender 11 - 13III : General & Special conditions of contract 14 - 26IV : Conditions of price& payment 27 – 29Annexure –I 30V : Explanatory notes 31VI : Schedule of quantities & rates 32-35Tender documents are not transferableSignature of the Tenderer with seal & date Page 2

Page 3 of 355. Completion period.The entire work shall be completed within days/months from the date of issue of letter ofacceptance as per following schedule.i) Submission of Performance Guarantee within 30 days after issue of Letter ofAcceptance as per clause no 3.48(b) of part III of TD.ii) Completion of work - 06(Six) months from the date of issue of Letter of Acceptance.6. Credential of tenderer.Offers from experienced and competent contractors will be considered (see Form No. 5). Thetenderer will provide satisfactory evidence acceptable to the purchaser regarding experience &competence.7. Purchase of Tender Document.Tender documents can be purchased against payment of Rs. 2000/- (Rupees Two thousand only)as applicable as the cost of Tender document may be deposited with the Chief Cashier/Chittaranjan Locomotive Works/CLW and on production of receipt the Tender can be collectedfrom Dy. Chief Electrical Engineer (Maint.) central power House/Chittaranjan Locomotive Worksduring office hours on any working day in the notified period.8. Validity of offer.Tenderer shall keep his offer open for acceptance for a minimum period of 90 days from the dateof opening of the tender.9. Earnest money.Tender shall submit along with this tender an amount of Rs.33490/- towards Earnest money inany of the forms mentioned in Para 2.1 of part II. No interest will be paid on the earnest money.Offers received without earnest money will be summarily rejected.10. Sales Tax Clearance CertificateTenderer will require to mention VAT Registration No./ Sales Tax Registration No. in the offer.11. Purchaser not bound to accept any tender.The purchaser shall not be bound to accept the lowest or any other tender or to assign any reasonfor non-acceptance or rejection of a particular tender. The purchaser reserves the right to acceptany tender in respect to the whole or any portion of work specified in the tender paper or to subdivide the work among different tenderers or to reduce the work or to accept any tender for lessthan the tendered quantities without assigning any reason whatsoever.Signature of the Tenderer with seal & date Page 3

Page 4 of 3512. Submission of tender.The tender, complete in all respect addressed to Dy. Chief Electrical Engineer (Maint) /CentralPower House/CLW/Chittaranjan – 713331.Should the aforesaid addressee before 11.30 hrs. onthe notified date. Tender received after this time and date will be rejected. The Tenderer may droptheir tenders duly sealed and superscripted in tender box specially allotted for the purpose andplace in the office of said officer mentioned above or send the tenders by the registered Post to theaddress of said officer.13. Opening of tender.The tender will be open at 12.00 hrs. on the notified date in the presence of such tenderers whomay like to be present.13. Clarification.Should a Tenderer find any discrepancies in or omission from the drawing or any of the tenderdocuments or should be in doubts as their meaning he should at once notify to the authority invitingtenders who may send written instructions to all tenderers. It should be understood that everyendeavor has been made to avoid any error which may materially affect the basis of tender and thesuccessful tenderer should take upon himself and provide for the risk of any error which maysubsequently be discovered and shall make “No Claim” on account thereof.15. Splitting up of rates.The rates quoted for the job should be strictly as per the provision made in the schedule. Splittingup of the job and quoting of rates therefore may result cancellation of the tender.16. Address to Tenderer.The tenderer shall state in the tender his postal address and the letter posted to this address shalldeem to have reach the tenderer duly and in time.17. Contract Agreements:Successful tender will be required to execute an agreement in the prescribed proforma as at form –10, bysubmitting Performance Guarantee within 30 days of the date of issue of the letter of acceptance.18. Security Deposit:The successful tenderer shall also be required to submit a security deposit in term of clause 3.48 ofPart-III of the contract.19. Railways Relevant addressRailways relevant addresses for various purposes are as under:i) General correspondence and submission of tender Dy. Chief ElectricalEngineer/Central Power House/CLW/CRJ-713331.ii) Regarding Warranty deposit/Security Deposit:-FA&CAO/Chittaranjan Locomotive Works/ChittaranjanEncl: As detailed in para.4Signature of the Tenderer with seal & date Page 4

Page 5 of 35FORM –1Indian Railway, Chittaranjan Locomotive Works, ChittaranjanTender FormTENDERToThe President of IndiaActing through the Deputy Chief Electrical Engineer (Maint)Chittaranajn Locomotive Works,Chittaranjan.1. I/We ………………………………………………………………………….. have read the variousconditions to tender attached hereto and hereby agree to abide by the said conditions. I/We also agreeto keep this Tender Open for acceptance fo a period of 90(ninety) days from the date fixed for receivingthe same and in default thereof. I/We will be liable for forfeiture of my/our “security deposit”. I/We offerto do the works of at the rate quoted in the attached schedule and hereby bind myself/our self tocomplete the work within a period of ……………………. Days/months from the date of issue of theletter-communicating acceptance of my/are tender. I/We also hereby agree to abide by the general.Special & Technical specifications and additional special conditions of contract and to carry out thework according the specifications for material and works laid down by the Railway for the presentcontract.2. The Tenderer whose tender is accepted shall be required to appear at the office of GeneralManager, Chief Electrical Engineer, Dy. Chief Electrical Engineer of divisional/district engineer as theymay be in person or if a firm or corporation a duly authorized representative shall so appear and toexecute the contract documents within 15 days after notice that the contract has been awarded to him.Failure to do so shall constitute a breach of the agreement affected by the acceptance of the tendershall stand forfeited without prejudice to any other rights or remedies.3. In the event of any tenderer whose tender is accepted shall refuse to execute the contractdocuments as herein before provided the railway may determine that such tender has abandoned thecontract and thereupon his tender and acceptance thereof shall be treated as cancelled and the railwayshall be entitled to forfeit full amount of the earnest money and recover the liquated damages or suchdefault.4. Until formal agreement is prepared and executed the acceptance of this tender shall constitutea binding contract between us as indicated in the letter of acceptance of my/are offer for theworks.Signature of the Tenderer with seal & date Page 5

Page 6 of 35*5. I/We produce herewith the Demand Draft/Banker’s Cheque/Fixed Depost receiptno……………………………… dt. ………………………. For the Rs…………………………… ofthe …………………………………………………………………………………….. as deposit ofearnest money of Rs. …………………………………………………………………………..6. I/We have already made the standing earnest money deposit ofRs……………………………………………………………………………………………. with theChittaranjan Locomotive Works for my enlistment as an approved contractor in category……………………………… and as such no fresh earnest money is being deposited with thetender. I/We further agree and declare that in case I/We failed to abide by the condition forkeeping the offer for 90 days. I/We shall have no objection to the forfeiture of the securitydeposit portion of the earnest money amount Rs. ………………………………….. and also incase of my/our default in executing the contract documents within the time limits given in para–II above. I/We shall beg to no objection to the forfeiture of the full value of earnest money ofRs…………………….. without prejudice to any rights or remedies of the railways and the saidamount may be released by the President of India also from my/our said lump sum deposit ofRs……………………. As standing earnest money.*Strike out and initial the parawhich do not concern the Tenderer( to be filled by the Tenderer)NAME:Address:……………………………………………………………………………..…………………………………………………………………………...………………………………………………………………………………………………………………………………………………………..Signature of witnesses to the signature of Tenderer(s)1. …………………………… Name :……………………………………………Address:…………………………………………..2…………………………….Name :…………………………………………….Address: ………………………………………….Signature of the Tenderer with seal & date Page 6

Page 7 of 35FORM-5TENDERER’S CREDENTIALPlease fill in the questionnaire below:-1(a)(b)Give details of your previous experience on supply, installation of similar equipment (Giveparticulars of order and customer)Give particulars of orders under execution by your firm.2. Give details of technical personnel employed by you and brief, note about their qualificationand experience.3. Give the name of manufacturers from whom supply is a assured.3. Give the name of your Banker’s and their reference.Note :_ This Form shall be precisely and with full details.Signature of the Tenderer with seal & date Page 7

Page 8 of 35Chittaranjan Locomotive WorksP.O. Chittaranjan, Dist. BurdwanPART-1REGULATIONS FOR TENDER1.1 Tender papers:The regulations and conditions for Tender, General and special condition of contract, supplementary conditionof contract and specification, along with schedule of requirement included in part I to VI shall hereafter becollectively referred to as Tender papers.1.2 Meaning of Terms:In this regulation for tenders and contracts the following terms shall have the meanings assigned here underexcept where the context otherwise requires:-a) “Railway” shall mean the President, Union of India or General Manager or Administrative officer of ChittaranjanLocomotive Works, Chittaranjan or of successor railway authorized to invite tenders and enter into contract forworks on behalf of the President.b) “Successor Railway” shall mean and include such other railway to which for administrative or other reasons thiscontract may during its pendency be transferredc) “General Manager” shall mean the officer in administrative charge of Chittaranjan Loco Works and include theGeneral Manager of successor Railway.d) “Chief Electrical Engineer” means the Officer in-charge of the Electrical Work is in Chittaranjan LocomotiveWorks, Chittaranjan and includes Chief Electrical Engineer of successor Railway.e) “Engineer” shall mean the Dy. Chief Electrical Engineer/Con. Or Dy. Chief Electrical Engineer/Maint.CLW andshall inspector the superior officers of Electrical department at CLW or successor Railwayf) “Engineer’s Representative” shall mean the assistant/Sr. Electrical Engineer in direct charge of the work andshall include any Inspector or supervisor working under him and shall include any Inspector or supervisorworking under him and shall include Engineer representative of successor railway.g) “Specification” shall mean the technical specification for materials process and testing of products referred to inpart V of Tender documents as may be revised or superseded by special specification.h) “Drawing” shall mean the maps, drawing, plans and prints there of annexed to the contract and shall include anymodification of such drawings as may be issued by the Engineer from time to time.i) “Period of maintenance” shall mean the specified period of maintenance from the date of completion of thework as certified by the Engineer.i) “Month” means any consecutive period of 30 daysj) “Schedule of Requirement” CLW shall mean the schedule of requirement issued under the authority of ChiefElectrical Engineer.1.3 Singular & PluralWords importing the singular number shall also include the plural and vice-versa where the context as requires.Signature of the Tenderer with seal & date Page 8

Page 9 of 351.4 Interpretations:This regulation, for tender, shall be read conjunction with conditions of tender general condition of contract aswell as the general and special condition of contract for works which are referred to herein and shall be subjectto modification, addition or supersession by supplementary condition of contract and/or specification, if any,annexed to tender forms.1.5 Contractor’s credentials:-a) Documents to be submitted(i)(ii)(iii)(iv)Tenderers are required to submit authenticated certificates along with the Tender Form from Officer(s) ofGovernment/ Public Sector Undertakings under whom the works have been executed indicating there in thename of works executed, value of works/ payment details and period during in which completed. Suchcertificates should have signature and the seal of the Officer(s).Tenderers should have valid Electrical Contractor’s License and Supervisor’s Certificate of competency, copyof which should be submitted along with tender offer and should have experienced of similar type of work inRailway or other Govt. undertaking unitsTenderer should have valid Supervisors certificate of competency. Copy of which should be submitted alongwith tender offer.List of Personnel, Organization available on hand and proposed to be engaged for the subject work.(v) List of plant and machinery available on hand (own) and proposed to be inducted (own and hired to be givenseparately) for the subject work.(vi)List of works completed in last three financial years giving description of work, organization to whom executed,approximate value of contract at the time of award, date of award and date of scheduled completion of work.Date of actual start, actual completion and final value of contract should also be given.Tender committee would satisfy themselves about the authenticity of the certificates produced by the tenderer(s)to this effect which may be an attested certificate from the employer /client, audited balance sheet duly certifiedby the chartered accountants etc1.6 Care in submission of tenders:a) Before submitting a tender, the tenderer will be deemed to have satisfied himself by actual inspection of the siteand locality of the works, that all condition liable to be encountered during the execution of the works are takeninto account and that the rates he enters in the ender forms are adequate and all inclusive to accord with theprovision in clause 3.46 of General and Special condition of contract Part III for the completion of works to theentire satisfaction of the engineer.b) When work is tendered to do by a firm or company of contractors, the tender shall be signed by Individual, legallyauthorized to enter into commitments on their behalf.1.7 FORM OF TENDERa) All the documents to be submitted in connection with this tender should be signed in English or in Hindi and inink.b) The tender shall be submitted in the prescribed form annexed hereto. The rate wherever quoted, must be clearlywritten in figure and in words in the rate quoted, no fraction is permitted. The rate quoted must be firm, preciseand unconditional.c) Dimension, weight etc. shall be quoted ‘IN METRIC SYSTEM.d) The tender not submitted along with the following documents will be summarily rejected. Each copy of thetender shall consist of the following:Signature of the Tenderer with seal & date Page 9

Page 10 of 351) Tender Form.2) Details of contract for similar works executed, if any.3) Any other technical information, the tenderer may wish to furnish.4) Deposit receipt/cash receipt/Demand drafts for the earnest money in original.5) Current Income Tax and sales tax clearance certificate.6) Contractor’s license no. and copy of license issued by State Govt. Director of Electrical.7) Valid supervisor certificate of competency and declaration by the supervisor that he is on the role oftenderer.8) Banker’s certificate in respect of financial capability to execute the work.e) Any clarification required by the tender may be obtained from the Engineer/CLW.1.8 NOTEi) The tender paper duly signed in ink by the tenderer on each and every page in token of his havingstudied the same carefully shall be submitted.ii) Deviation from the tender paper will not normally be agreed to.iii) The tenderer shall indicate the schedule of time for completion of work, with reference to the date ofissue of the acceptance letter regarding placement of contract.iv) If any item is excluded by the tenderer submitting this tender the tender is likely to be rejected.v) The tender documents are not transferable.Signature of the Tenderer with seal & date Page 10

Page 11 of 35PART – IICONDITION OF TENDER2.1 Manner of Deposit of Earnest money:The total sum of earnest money as indicated in “Instruction to tenderers” constitutes the earnest money for thetender. The deposit of earnest money may be made in cash or in any of the following forms;i) Deposit Receipt, Pay Order, Demand Draft, banker’s cheque of STATE BANK OF INDIA including nationalbank.ii)The bank concerned lodges with the Reserve Bank of India requisite securities namely cash deposits of Govt.securities in respect of the guarantees executed by it and Reserve Bank of India advice the Railway that thebond may be accepted.iii) Govt. securities (Stock certificate, Bearer Bonds, promissory notes, cash certificate) will not be accepted.Pursuant to Rly. Bd.’s letter No. 88/CE-1/CT/1(Vol.II) dated 6.8.96 Standing Earnest Money/Earnest Money inthe form of Guarantee Bonds; Government Securities (Stock Certificates, Bearers Bonds, Promissory notes,Cash Certificates) will not be accepted. In case the tenderer withdraw his offer within validity date of his offeror failure to undertake the contract after acceptance of his tender the full amount of Earnest Money depositedwill be forfeited.2.2 Authority in whose favour the deposit of earnest money, security deposit and Performance guaranteeshall be made.a) “Deposit receipt” /”Pay order”/”Demand Draft”/Banker’s Cheque” towards deposit of earnest money for thetender should be drawn in favour of the FINANCIAL ADVISER & CHIEFACCOUNT OFFICER,CHITTARANJAN LOCOMOTIVE WORKS, CHITTARANJAN.b) Deposit of earnest money in cash should be made to the Asstt. Chief Cashier, CLW at Chittaranjan but beforemaking the deposit, an authority slip should be obtained from the Office of ElectricalEngineer/CLW/CHITTARANAJN. It should be clearly noted that without the authority slip the deposit ofearnest money in cash shall not be accepted by the Asstt. Chief Cashier.(c)The performance guarantee in the form of irrevocable bank guarantees amounting to 5% of the contract value.The performance guarantee should be furnished by the successful contractor after the letter of acceptance hasbeen issued, but before signing of the agreement and should be valid up to expiry of the maintenance period of12 months + a claim period of further 6/12 months as applicable and details mentioned in clause 4.10 of Part-IV.The total amount of earnest money notified in the tender shall constitute as the initial security depositfor keeping the offer open for the period specified in the “tender”. It shall be understood that the tenderdocuments have been issued to tender and tender and tender has been permitted to tender for the works/supplyin consideration of the stipulation on his part that after submitting his tender the tender will not be resilient fromhis offer of modify the terms and conditions thereof in a manner not acceptable to the Railway. Should thetenderer failed to observe or comply with the foregoing stipulation, the initial security deposit mentioned hereinabove shall be forfeited to the railway.(d)(e)If the tenderer whose tender has been accepted does not execute the contract agreement within 15 days(fifteen)after receipt of notice issued by the Railway that the contract has been awarded to him OR does not commencethe work after receipt of order to that effect, the full value of the earnest money with the tender shall withoutprejudice to any rights, remedies available, be forfeited to the Railway.The contractor should collect the proforma of security deposit for the purpose from the office of Engineer forcorrect execution and submission.Signature of the Tenderer with seal & date Page 11

Page 12 of 35(f)The earnest money of the unsuccessful tenderer, as herein before provided, shall be refunded to the unsuccessful tender as early as possible.2.3 RIGHT OF RAILWAY TO DEAL WITH TENDERSi) It shall not be obligatory for the Railway to accept the lowest tender and no tenderer shall demand anyexplanation for the cause of rejection of his tender. The Railway reserves the right to accept any tender inrespect of the whole or any portion of the work specified in the tender paper or to sub divides the work amongthe different tenderers to reduce the work or to accept any tender for less than the tenderer quantities withoutassigning any reason whatsoever.ii)iii)If the tenderer deliberately gives wrong information in his tender or create circumstances for acceptance of histender the Railway reserve the right to reject such tender at any stage.If a tenderer expires after the submission of his tender or after the acceptance of his tender, the Railway shalldeem such tender as cancelled. If partners of a firm expire after the submission of the tender or after theacceptance of the tender, the Railway shall deem such tender as cancelled unless the firm retain its character.2.4 Application of contract act 1872:The contract act is normally guided by the following:i) Indian contract act 1872ii) General conditions of contract, regulation act instructions for tenders and standards Forms of contract 1989.In case of conflict between CLW “Electrical department” condition of contract and provision of generalcondition of contract 1989 as mentioned above on any point or in respect of any terms and conditions, thegeneral condition of contract 1989 shall prevail.2.5 Submission of CREDENTIAL:Attested copies of documents testifying to the tenderer previous experience and financial status should be sentwith the tender and the original produce when desired by the Railway.2.6 Submission of Tenders.Tenders must be enclosed in sealed covers, super scribed.“Tenders for…………………………………………………………….. must be sent by registered post to the address of theEngineer, Chittaranjan Locomotive Works, Chittaranjan –713331, so as to reach not later than 11.30 hrs. on thestipulated date or deposited in special box provided for the purpose in the Office of the Engineer, ChittaranjanLocomotive Works, Chittaranjan – 711331. This will be sealed at 11.30 hrs. on the stipulated date.2.7 Non-complianceNon-compliance with any of the conditions set forth herein above is liable to result in tender being rejected.2.8 Authority for AcceptanceThe authority for the acceptance of the tender will rest with the General Manager, Chittaranjan LocomotiveWorks, Chittaranjan-713331, or any subordinate officer authorized by him.2.9 Execution of Agreement.The successful tenderer shall be required to execute an agreement with President of India acting through theSenior/Deputy Chief Electrical Engineer/CLW within 30 days or receipt of acceptance letter and paymentsecurity deposit, as indicated in clause 3.48 of Pt.III contract for carrying out the work according to general andspecial conditions for contract supplementary condition of contract and specification.Signature of the Tenderer with seal & date Page 12

Page 13 of 352.10 Period of validity of offer.The tenderer shall keep the offer open for a minimum period of 90 days from the date of opening of the tender,within which period the tenderer can not withdraw his offer subject to the period being extended further, ifrequired by mutual agreement from time to time.2.11 Negotiation.Should the Railway decide to negotiate, with the view, to bring down the rates, the tenderer called fornegotiation should furnish the following form of declaration before commencement of negotiations. “I/We…………………………….. do declare that in the event of failure of contemplated negotiation relating totender number……………………………………….. opened on …………………………. My original tendershall remain open for acceptance on its original items and conditions up to 90 days from the date of negotiation”2.12 Employment of retired Railway officials by the tenderer.Should a tenderer be a retired engineer of the gazetted rank, or any other gazetted officer, working before hisretirement, whether in the executive or administrative capacity, or whether holding a pension able post, or nowin the electrical department of any of the railways owned an administered by the President of India for the timebeing, or should a tenderer, being partnership firm, have as one of its partners a retired engineer or a retiredgazetted officer as foresaid, or should a tender being an incorporated company have any such retired engineer,or a retired officer as one of its Director, or should tender, have in his employment, any retired engineer, orretired gazetted officer as foresaid, the full information as to the date or retirement of such engineer or gazettedofficer from the said service and in cases where such engineer or officer had not retired from governmentservice at least two years prior to the date of submission of the tender as to whether permission for takingsuch contract, or if the contractor be a partnership firm or an incorporated company to become a partner ordirector as the case may be or to make employment under the contractor has been obtained by the tenderer orthe engineer or the officer as the case may be from the President of India or any officer duly authorized by himin this behalf shall be clearly stated in writing at the time of submitting the tender. Tenderers withoutthe information above referred to or a statement to the effect that no such retired engineer or retired gazettedofficer is so associated with the tenderer as the case may be shall be rejected.2.13 Railway official as tenderer’s relatives.Should a tenderer or contractor being an individual on the list of approved contractors have relative employed ingazetted capacity in ………………………………………………………………………….…………………………………………………………………………………………………………………Electrical department of the Chittaranjan Locomotive Works, Chittaranjan or in the case of a partnership firm orcompany incorporated under the Indian company Law should partner or a relative of the partner or a shareholder or the relative of the share holder being employed in gazetted capacity in the …………………………………………………………………………………………………….Electrical department,Chittaranjan Locomotive Works, Chittaranjan, the authority, inviting tenders shall be informed of the fact at thetime of submission of tenders, failing which the tender may be rejected or if such fact subsequently comes tolight, the contract may be rescinded in accordance with the provision in the general condition of the contract.2.14 Errors, omissions and discrepancies in Tender Document Tenderer’s Risk.Should the tender find this discrepancies in, or omissions from the drawings or any of the tender forms orshould he be in doubt as to their meaning, he should at once notify the authority, inviting tenders, who may sendwritten instructions to all tenders. It shall be understood that every endeavour has been made to avoid errorswhich can materially affect the basis of the tender and successful tenderer shall take upon himself and providefor the risk of any error which may subsequently be discovered and shall make no subsequent claim on accountthereof.2.15 Rate to cover Taxes and etc.For any job which involves supply of materials by the Contractor at his own cost the rate quoted shall beinclusive of all taxes, charges, octroi and etc. complete. Nothing extra is payable by the Railway over and abovethe rate quoted for the job.Signature of the Tenderer with seal & date Page 13

Page 14 of 35PART-IIIGENERAL AND SPECIAL CONDITIONS OF CONTRACT3.1 Execution Correlation and Intent of Contract DocumentsThe contract documents shall be signed in sufficient number of copies by the Railway and the contractor. Thecontract documents are complementary and what is called for by any one shall be as binding as if called for byall; the intention of the documents is to include all labor and materials, equipment and transportation chargesnecessary for the proper execution of the works. Materials or work not covered by or properly inferable fromany heading or class of the specifications shall not be supplied by the Railway to the contractors unlessdistinctly specified in the contract documents.3.2 Service of notice on contractorThe contractor shall furnish to the Engineer the name, designation and address of his authorized agent and allcomplaints, notices, communications, and references shall be deemed to have been duly given to the contractor,if delivered to the contractor or his authorized agent. In the case of contract by partners, any change in theconstitution of the firm shall be forthwith notified by the Contractor to the Engineer.3.3 Allotment of Railway Land for Labour Camp Go down etc.Suitable sites of Railway land, if available, may be allotted to the Contractor free of charges for the erection oftemporary labour camps, godowns etc. but the Contractor should be prepared to remove all these structures andmake good the land thus allotted to the Railway, on receipt of two weeks’ notice in writing should any necessityarises for utilization of such land for any other purpose of Railway, without claiming any compensation thereof.If the Contractor fails to remove such camps & structures within two weeks of service of notice, the Railwaywill be at liberty to have these structures and camps demolished without being liable for shortages and/ordamages to Contractor’s property if there be any and the site cleared by any other agency and to recover theexpenditure incurred therein from any dues of the Contractor outstanding with the Railway.3.4 Supply of Electric Power by the RailwayElectric connections at 400/300 V required at the site for the purpose of execution of the works may beprovided by the Railway from the nearest available poles. All charges for the installation of Electric connectionsfrom the poles to the sites of the works including Boards, switches, meters etc. and also the charges for Electriccurrent consumption at the rates as may be fixed by the Railway from time to time shall be borne by theContractor.3.5 AccommodationThe Contractor shall at his own expense make adequate arrangements for the housings for his staff andworkmen directly or through petty Contractors or sub-constructor employed on the work and for temporarycroche (Bal Mandir) where 50 or more women are employed at a time. Suitable sites on Railway land, ifavailable, may be allotted to the Contractor for the erection of labour camps.3.6 Treatment of Contractor’s staff in Railway HospitalsThe Contractor and his staff, other than labourers and their families requiring medical aid from the RailwayHospitals and dispensaries will be treated as private parties and charged accordingly.3.7 Contractor’s Liability to obtain Security PermitsChittaranjan is a protected area entry into this is restricted by issue of Security Permit which is controlled by theSenior Security Commissioner (RPF)/CLW/Chittaranjan. The Contractor should therefore, arrange to obtainSecurity Permits of his own as well as his Labours, Supervisors, Engineer etc. well in advance and they shouldobserve all Rules & Regulations formulated by the Railway from time to time in this respect. The SecurityPermits are also required for the materials, machines, and other accessories if any.3.8 Operation of vehicles on CLW Roads & other placesIn connection with operation of vehicles for transport of materials, the Contractor should observe all Rules &Regulations for running the vehicles, formulated by the provincial Government and the Railway from time totime. Speed restrictions should be carefully observed on roads.The Railway reserve the right to deduct cost of damages to roads, structures & any other assets caused by theContractor. Administration’s decision in respect of recovery of the amount of cost of such damages shall befinal and binding on the Contractor.3.9 Acceptance of issue of note for supply of Railway materials.The Contractor shall accept the issue notes for the materials supplied to him by the Railway immediately onsupply.Signature of the Tenderer with seal & date Page 14

Page 15 of 353.10 Settlement of discrepancy in the issue of Railway materials.Any discrepancy or dispute that may arise regarding the quantity or quality of the materials supplied by theRailway should be settled in the course of the 10 days, all arrears cleared and un-conditional receipts givenand/or taken.3.11 Contractor’s responsibility for safe custody of Railway’s materialsThe Contractor shall be responsible for the safe custody of all Government materials issued to him and shallduly account for them. He shall take adequate precautions against their loss, destruction, damage and/ordeterioration from whatever cause.3.12 Causing damages to Railway’s equipment, machines, Private Life and Property etc. by the Contractor.Any damage caused to equipment, machines and other assets during the period of work shall be made good bythe Contractor to the extent determined by the Railway, failing which, the Railway will be at liberty to realizesuch costs from the Contractor in any manner whatsoever.3.13 Supply of materials by RailwayUnless otherwise stated in the description of job provided in the “Schedules for the works, all rates quoted mustbe inclusive of supply of all materials required for proper execution of the works as per the specifications.Where the Railway is liable under the contract for supply of any materials for the works, the materials shall besupplied by the Railway to the contractor at the Railway’s Godown/store yard free of cost and the contractorshall transport the materials by the Railway shall be made for the calculated requirements only and in aprogressive manner keeping in view of the progress of the works made by the Contractor.”3.14 Assistance to the Contractor.The Contractor shall not, accept to the extent specified/agreed to by the Railway in the acceptance of the tender,be entitled to assistance either in the procurement of raw materials, labour or transport facilities required for thefulfillment of the contract.3.15 Contractor to execute work with diligence and expedition.The Contractor shall execute the work with the diligence and expedition, should he refuse or neglect to complywith any reasonable orders given to him in writing by the Railway in connection with work, or contravene theprovisions of the contract, the Railway shall be at liberty to give 07 days’ notice followed by 48 hrs. notice inwriting to the contractor requiring him to make good the neglect or contravention complained of and should theContractor fail to comply, with the requisitions made in the notice within 07 days from that date, it should belawful for the Railway to take the work wholly or in part out of the Contractors hand without any furtherreference and get the work or any part there of as the case may be, completed by the Railway or other agenciesat the expenses of the Contractor without prejudice to any other rights or remedies of the Railway in this regard.3.16 Rates for extra items of works.Any item of work carried out by the Contractor on the instructions of the Engineer which is not included in theaccepted schedule of rates shall be executed at the rates agreed upon between the Engineer and the Contractorbefore the execution of such items of works. The Contractor shall be bound to notify the Engineer atleast 07days before the necessity arises for the execution of such item of work that the accepted schedule of rates doesnot include. The rates payable for such items shall be decided at the meeting to be held between the Engineerand the Contractor in as short a period as possible after the need for the special item has come to the notice. Incase the Contractor fails to attend the meeting after being notified to do so or in the event of no settlement beingarrived at, the Railway shall be entitled to execute the extra works by the means and the Contractor shall haveno claim for loss or damage that may result from such procedure, provided that if the Contractor shallcommence work or incur any expenditure in regard thereto before the rates shall be determined as lastly hereonto fore mentioned, then and in such a case the Contractor shall only be entitled to be paid in respect of the workscarried out or expenditure incurred by him prior to the date of rates as aforesaid according to the rates as shallbe fixed by the Engineer.However, if the Contractor is not satisfied with the decisions of the Engineer in the respect, he may appeal tothe Chief Electrical Engineer within 20 days of getting the decisions of the Engineers supported by the analysisof rates claimed. The Chief Engineer’s decisions after hearing both the parties in the matter shall be final andbinding on the Contractor and the Railways.3.17 Force Majeure Clause: If at any time, during the continuance of this contract, the performance in whole or inpart by either party of any obligation under this contract shall be prevented or delayed of any war, hostility, actsof public enemy, civil commotion, sabotage, serious loss or damage by fire, explosions, epidemics, strikes,lockouts or acts of God(hereinafter, referred to events) provided, notice of the happening of such event is givenby either party to the other within 30 days from the date of occurrence thereof, neither party shall by reason ofSignature of the Tenderer with seal & date Page 15

Page 16 of 35such event, be entitled to terminate this contract nor shall either party have any claim for damages against theother in respect of such non performance of delay in performance, and works under the contract shall beresumed as soon as practicable after such event has come to an end or ceased to exist, and the decision of theEngineer as to whether the works have been so resumed or not shall be final and conclusive, provided furtherthat if the performance in whole or in part of any obligation under this contract is prevented or delayed byreason of any such event for a period exceeding 120 days, either party may at its option terminate the contractby giving notice to the other party.3.17-A Subject to any requirement in the contract as to completion of any portions or portion of the works beforecompletion of the whole, the contractor shall fully and finally complete the whole of the works comprised in thecontract (with such modifications as may be directed under conditions of this contract) by the date entered in thecontract or extended date in terms of the following clauses:-(i)(ii)(iii)If any modifications have been ordered which in the opinion of the Engineer have materially increased in themagnitude of the work, then such extension of the contract date of completion may be granted as shall appear tothe Engineer to be reasonable in the circumstances, provided moreover that the Contractor shall be responsiblefor requesting such extension of the date as may be considered necessary as soon as the cause thereof shall ariseand in any case not less than one month before the expiry of the date fixed for completion of the works.If in the opinion of the Engineer the progress of work has any time been delayed by any act or neglect ofRailway’s employees or by other contractor employed by the Railway under sub clause (4) of clause 20 ofRailway Board’s GCC of these conditions or in executing the work not forming part of the contract but onwhich contractor’s performance necessarily depends or by reason of proceeding taken or threatened by ordispute with adjoining or to neighboring owners or public authority arising otherwise through the Contractor’sown default etc. or by the delay authorized by the Engineer pending arbitration or in consequences of thecontractor not having received in due time necessary instructions from the Railway for which he shall havespecially applied in writing to the Engineer or his authorized representative then upon happening of any suchevent causing delay, the Contractor shall immediately give notice thereof in writing to the Engineer within 15days of such happening but shall nevertheless make constantly his best endeavors to bring down or make goodthe delay and shall do all that may be reasonably required of him to the satisfaction of the Engineer to proceedwith the works. The contractor may also indicate the period for which the work is likely to be delayed and shallbe bound to ask for necessary extension of time. The Engineer on receipt of such request from the contractorshall consider the same and shall grant such extension of time as in his opinion is reasonable having regard tothe nature and period of delay and the type and quantum of work affected thereby. No other compensation shallbe payable for works so carried forward to the extended period of time, the same rates, terms and conditions ofcontract being applicable as if such extended period of time was originally provided in the original contractitself.In the event of any failure or delay by the Railway to hand over the Contractor possession of the lands necessaryfor the execution of the works or to give the necessary notice to commence the works or to provide thenecessary drawings or instructions or any other delay caused by the Railway due to any other cause whatsoever,then such failure or delay shall in no way affect or vitiate the contract or alter the character thereof or entitle thecontractor to damages or compensation therefore but in any such case, the Railway may grant such extension orextensions of the completion date as may be considered reasonable.3.17-B Extension of time for delay due to contractor :-The time for the execution of the work or part of the works specified in the contract documents shall be deemedto be the essence of the contract and the works must be completed not later than the date(s) as specified in thecontract. If the contractor fails to complete the works within the time specified in the contract for the reasonsother than the reasons specified in clause 3.17 and 3.17-A, the Railway may, if satisfied that the works can becompleted by the contractor within reasonable short time thereafter, allow the contractor for further extension oftime (Performa Annex –I) as the Engineer may decide. On such extension the Railway will be entitled withoutprejudice to any other right and remedy available on that behalf, to recover from the contractor as agreeddamages and not by way of penalty sum equivalent to ½ of 1% of the contract value of the works for eachweek or part of the week.Signature of the Tenderer with seal & date Page 16

Page 17 of 35For the purpose of this clause, the contract value of the works shall be taken as value of work as per contractagreement including any supplementary work order/ contract agreement issued. Provided also, that the totalamount of liquidated damages under this condition, shall not exceed the under noted percentage value or totalvalue of the item or groups of items of work for which a separate distinct completion period is specified in thecontract.(i) For contract value up to Rs. 2 lakhs 10% of the total value of the contract.(ii) For contract value above Rs. 2 lakhs 10% of the first Rs. 2 lakhs and 5 % of the balanceFurther competent authority while granting extension to the currency of the contract under clause 17(B) ofRailway Bd’s GCC may also consider levy of token penalty as deemed fit based on the merit of the case.Provided further, that if the Railway is not satisfied that the works can be completed by the Contractor and inthe event of failure on that part of the contractor to complete the work within further extension of time allowedas aforesaid, the railway shall be entitled without prejudice to any other right or remedy available in that behalf,to appropriate the Contractor’s security deposit and rescind the contract under clause 62 of Railway Bd’s GCCconditions, whether or not actual damage is caused by such default.3.18 Instructions of Engineers RepresentativeAny instructions or approval given by the Engineer’s representative to the Contractor in connection with theworks shall bind the Contractor as though it had been given by the Engineer provided always as follows:a) Failure of the Engineer’s representative to disapprove and work or materials shall not prejudice the powerof the Engineer thereafter to disapprove such work or materials and to order the removal or breaking upthereof.b) If the Contractor shall be dissatisfied by reason of any decision of the Engineer’s representative, he shall beentitled to refer the matter to the Engineer who shall thereupon confirm or modify such decision.3.19 Meaning and intent of specification and drawings.If any ambiguity arises as to the meaning and intent of any portion of the specification and drawings or as toexecution or quality of any work or material or as to measurements of the works, the decision of the Engineerthereof shall be final subject to appeal (within 10 days of such decisions being intimated to the contractor) to theChief Electrical Engineer/Deputy Chief Electrical Engineer (Maint).3.20 Provision of efficient competent staff/Engineer.The contractor shall place and keep on the works at all time efficient and competent staff to give the necessarydirection to his workmen and to see that they execute their work in sound and proper manner and shall employonly such supervisors, engineer workmen and labourers, in or about execution of any of the works as are carefuland skilled in their various trades and callings. The contractor shall at once remove from the works any agents,permitted sub-contractor, supervisor, Engineer and if and whenever required by the Engineer, he shall submit acorrect return showing the names of all staff and workmen employed by him. In the event of the Engineer beingof the opinion that the Contractor is not employing on the works a sufficient number of staff and workmen as isnecessary for the proper completion of the works within the time prescribed, the Contractor shall forthwith onreceiving intimation to this effect take on the additional number of staff and labour specified by the Engineerwithin seven days of being so required and failure on the part of the Contractor to comply with such instructionswill entitle the Railway to rescind the Contract under Clause 3.52 of these conditions.3.21 Facilities for inspection.The Contractor shall afford the Engineer and the Engineer’s representative every facility for entering in andupon every portion of the work at all hours for the purposes of inspection or otherwise and shall provide alllabours, materials, plants, appliances etc. required for the purpose.3.22 Tools, Plant and Materials supplied by Railway.The Contractor shall take reasonable care of all tools, plant and materials or other property belonging to theRailway and committed to his charge for the purpose of the works and shall be responsible for all damage orloss caused by him, his agents, permitted Sub-Contractor or his workmen or others while they are in his charge.The Contractor shall sign accountable receipt for tools, plant and materials made over to him by the Engineerand on completion of the works shall hand over the unused balance of the same to the Engineers in good orderand repair free, wear and tear expected and shall be responsible for any failure to account for the same or anydamage done thereto.3.23 Hire or Railway Plant.Signature of the Tenderer with seal & date Page 17

Page 18 of 35The Railway may give on hire, if available; to the Contractor such plant and machinery as may be required forthe execution of the works on such terms and conditions which should be agreed to by the Railway and theContractor before-hand through a separate agreement.3.24 Handing over of works.The Contractor shall be bound to hand over the works executed under the Contract to the Railway, complete inall respects, to the satisfaction of the Engineer. The Engineer shall determine the date on which the work isconsidered to have been completed, in support of which his certificate shall be regarded as sufficient evidencefor all purposes. The Engineer shall determine from time to time the date on which any particular section of thework shall have been completed and the contractor shall be bound to observe any such determination of theEngineer.3.25 Power of Modification to contract.The Engineer on behalf of the Railway shall be entitled by order in writing to enlarge or extend, diminish orreduce the works or make any alterations in their design, character, position, site quantities, dimensions or themethod of their execution or in the combination and use materials for the execution thereof and to other anyadditional works to be done or any works not to be done the Contractor will not entitled to any compensationfor the actual for the actual amount of work done and for approved materials furnished against a specific order.3.26 Measurement certificates and payments, quantity in schedules annexed to contract.The quantities set out in the accepted schedule of rates with items of works quantified are the estimatedquantities of the works and they shall not be taken as the actual and correct quantities of the works to beexecuted by contractor in fulfillment of his obligations under the contract.3.27 Measurement of works.The Contractor shall be paid for the works at the rates in the accepted schedule of rates and for extra works atrates determined under clause 3.16 on the measurements taken by the Engineer’s representative in accordancewith the rules.3.28 Maintenance of works.The Contractor shall at all times during the progress/and continuance of the works and also for the period of 12months after completion of work be responsible for all and every part of the works and shall make good fromtime to time any damage or defect that may during the above period arise in or be discovered or be in any wayconnected the works.3.29 Certificate of completion of works.As soon as in the opinion of the Engineer the works shall have been substantially completed and shall havesatisfactorily passed any final test of tests that may be prescribed, the Engineer shall issue a certificate ofcompletion in respect of the works and the period of maintenance of works shall commence from the date ofsuch certificate, provided that the Engineer may issue such a certificate with respect to any part of the worksbefore the completion of the whole of the works or with respect to any substantial part of the works which hasbeen both completed to the satisfaction of the Engineer and occupied or used by the Railway and when any suchcertificate is given in respect of a part of the works and such part shall be considered as completed and theperiod of maintenance of such part shall commence from the date of such certificate.3.30 With-holding of payment for non production of I.T.C.C. & S.T.C.C. DELETED3.31 Observance of official secret act.All drawings supplied to the contract by the Railway are confidential and the same must be strictly confined tothe contractor’s own use (except so far as confidential disclosure to Sub-Contractors, suppliers is necessary) andto the purpose of the contract. They should have to strictly abide by the I.E. Act at every step wherever required.3.32 Recovery of advance Income Tax.Advance Income Tax will be recovered from each bill drawn in favour of the Contractor at the rate of prevailingpercent and surcharge thereon of the amount billed for payment to the Contractor and the amount recovered willbe credited to concerned Income Tax Authority. The recovery of advance Income Tax shall however not bemade if the Contractor produces orders of the Competent Authority of the Income Tax Deptt. that advanceIncome Tax is not recoverable from the Contractor’s bills.3.33 Submission of programme for execution of the work.Within thirty days after he has been instructed to take up the work, the Contractor shall submit to the Engineerfor his approval detailed programme showing the sequence of items and activity of work and its expected dateof completion, procedure and method in which he proposes to carry out the works or wherever required by theEngineer.Signature of the Tenderer with seal & date Page 18

Page 19 of 353.34 Claim on account of variations in prices for labour & materialsNo claim will be entertained by the Railway for any fluctuation of market rates in respect of labour & material.3.35 Contractor to arrange tools, plants etc.All tools & plants and other accessories for the proper execution of the works shall have to be found andarranged by the Contractor at his own costs.3.36 Acceptance of materials statement by the ContractorOn completion of the work, material statement for Rly. Materials if issued to Contractor, should be reconciledand finally accepted by the Contractor within 7 days of signing of final measurements, failing which theRailway would be at liberty to pass the bill with the material statement made out by it as final and no claims ordisputes on this account will be entertained thereafter.3.37 Documents to be produced by the successful tendererWithin seven days of receipt of the letter of acceptance the successful tenderer shall produce before theEngineer/CLW/Chittaranjan the following documents:If the successful Tenderer is an individual carrying on business in a name other than his own, a duly swornaffidavit (with 3 attested copies) declaration that he is the sole proprietor of the business.If a partner firm three attested copies of Deed of partnership and certificate showing that the firm has beenregistered with the Registrar of firms.If a limited liability company, a copy of memorandum and Articles of Association showing the names of theDirectors of the company who are authorized to sign on behalf of the company.Where the proprietors, partners or directors will not themselves attend to the work but some other person woulddo so, a proper power of attorney should be given authorizing. The constituted attorney to sign the contracts,variations thereof, supplementary agreements, Measurements, bills, “NO CLAIM” certificates & etc and everychange in the Power of Attorney or withdrawal thereof should be immediately noticed to the Engineer,Chittaranjan Locomotive Works/Chittaranjan.If a limited liability company, a copy of memorandum and Articles of Association showing the names of theDirectors of the company who are authorized to sign on behalf of the company.Where the proprietors, partners or directors will not themselves attend to the work but some other person woulddo so, a proper power of attorney should be given authorizing. The constituted attorney to sign the contracts,variations thereof, supplementary agreements, Measurements, bills, “NO CLAIM” certificates & etc and everychange in the Power of Attorney or withdrawal thereof should be immediately noticed to the Engineer,Chittaranjan Locomotive Works/Chittaranjan.3.38 Limitation of Railways Liability to accept change in Power of AttorneyThe Railway will not be bound by any power of Attorney granted by the Tenderer or any changes in thecomposition of the firm made subsequent to the execution of the contract. It may however, recognize suchpower of Attorney and changes after obtaining proper legal advice, the cost of which will be chargeable to theContractor.3.39 Indemnification by the ContractorWhere a workman employed by the Railway has recovered compensation from the Railway in respect of injurycaused under circumstances which create a legal liability of the Contractor to pay damages in respect thereof,the Contractor shall indemnify the Railway in respect thereof and the Railway shall be entitled to deduct fromany money due or to become due (Whether under this contract or any other contract) all money paid or payableby the Railway by way of compensation as aforesaid or the cost of expenses in connection with the claimthereto and the Contractor shall abide by the decision of the Railway as to the sum payable by the Contractorunder the provision of this clause.3.40 Materials of approved quality to be used.All materials to be used by the Contractor on the work shall be approved quality. The successful Tenderer shallobtain the approval of site Engineer or his authorized representative for use of all such materials/equipments notlisted in annexure of Pt.-V or whose preferred makes are not mentioned in the technical specification Pt. Vbefore using them in execution of the work.3.41 Acceptance of works.When the execution of any work is completed in all respects, the Railway shall be informed in writing by theContractor and the Railway will arrange to get them inspected and tested at the cost of the Contractor. On beingfound satisfactory, the work shall be accepted such acceptance being communicated in writing to theContractor.Signature of the Tenderer with seal & date Page 19

Page 20 of 353.42 Works to be finally taken over.The work shall not be deemed to have been finally taken over by CLW on the above mentioned acceptance videclause No.3.41. The Contractor shall be liable for replacement of any defective material or work whether arisingfrom faulty design, material, workmanship or otherwise, free of cost during warranty period of 12(twelve)months.3.43 Contractor’s liability.The Contractor will be relieved of the liability arising under this contract wherever and to the extent to whichthe fulfillment of any obligation under the contract is prevented; frustrated or impeded by reason of anystatutory rules, regulations orders or requisition issued by the Government Department or other competentauthority. The Railway will however, not be liable for any compensation to the Contractor, in any sucheventuality.3.44 Cessations of Railways liabilityThe Railway shall not be liable to the Contractor for any matter arising out of or in connection with the contractor the execution of the works unless the Contractor shall have made a claim in writing in respect thereof beforethe expiry of warranty period.3.45 Antilarval clause.The Contractor shall be responsible for anti larval work at his cost during progress of works as may beprescribed by the Engineer on the advice of the Railway Medical authority and where use of insecticides isinvolved, it shall be done in accordance with the provision of the act and rules in this behalf at the cost of theContractor, who shall also be solely responsible for any acts or omissions under the provisions of the aforesaidrules.3.46 Price of stores shall include all rates, Taxes etc.Save and except as specifically, stated and/or provided for in the tender papers and/or these special conditionsof Contract, the prices for stores etc. are also to include all rates, Taxes, levies, impositions and outgoingswhatsoever and the Railway shall have no liability for any of these charges. The rate of sales tax etc. chargedmay be indicated. Railway is entitled to reduction of sales tax charge etc. against the submission of ‘D’ formand the tenderer should quote rates accordingly.3.47 Provision of payment of wagesThe Contractor shall comply with the provisions of the payment of wages Act, 1936 and the rules made thereunder in respect of employees directly or through petty Contractors or Sub-Contractors employed by him in theworks.3.48(a) Security Deposit to be held against the contract(1) The Earnest money deposited by the successful tenderer with his tender will be retained by the Railways as partof security for the due and faithful fulfillment of the contract by the contractor. The balance to make up thesecurity deposit for which are given below., may be deposited by the Contractor in cash or may be recovered bypercentage deduction from the contractor’s “ On Account” bills. Provided also that in case of defaultingcontractor the railway may retain any amount due for payment to the Contractor on the pending “On Accountbills”, so that the amounts so retained may not exceed 10% of the total value of the contract.(2) Unless otherwise specified in the special conditions, if any, the security deposit/rate of recovery/mode ofrecovery shall be as under:-(a)(b)Security deposit for each work should be 5% of the contract value,The rate of recovery should be @ 10% of the bill amount till the full security deposit is recovered,Security deposits will be recovered only from the running bills of the contract and no other mode of collectingSD such as SD in the form of instruments like BG, FD etc. shall be accepted towards security deposit.The Security deposit, however, shall be released only after the expiry of the maintenance period and afterpassing of the final bill passed on “No Claim” certificate issued by an officer not below the rank of JAG.No interest will be payable upon the earnest money and security deposit or amounts payable to the contractorunder the contract, but Government securities deposited in terms of sub-clause (1) of the clause will be payablewith interest accrued thereon.Signature of the Tenderer with seal & date Page 20

Page 21 of 353.48(b) Performance Guarantee. (P.G) as per Railway Board Letter No.2007/CE.I/CT/18 Pt.XII dated31/12/2010, clause no. 16(4)The procedure for obtaining performance guarantee is outlined below(I)The successful bidder shall have to submit a performance Guarantee (PG) within 30 (thirty) days from thedate of issue of Letter of Acceptance (LOA) . Extension of time for submission of PG beyond 30 (thirty)days and up to 60 days from the date of issue of LOA may be given by the Authority who is competent tosign the contract agreement. However, a penal interest of 15% per annum shall be charged for the delaybeyond 30 (thirty) days, i.e. from 31th day after the date of issue of LOA. In case the contract fails to submitthe requisite PG even after 60 days from the date of issue of LOA, the contract shall be terminated dulyforfeiting EMD and other dues, if any payable against that contract. The failed contractor shall be debarredfrom participating in re- tender for that work.(II) The successful bidder shall submit theamounting to 5% of the contract value :-performance guarantee (PG) in any of the following forms,(i) A deposit of cash.(ii) Irrevocable bank guarantee.(iii) Government Securities including State Loan Bonds at 5% below the market value,(iv) Deposit Receipts, Pay Orders, Demand Drafts and Guarantee Bonds. These forms of PerformanceGuarantee could be either of the State Bank of India or of any of the Nationalized Banks.(v) Guarantee Bonds executed or Deposits Receipts tendered by all Scheduled Banks;(vi) A Deposit in the Post Office Saving Bank;(vii) A Deposit in the National Savings Certificate;(viii) Twelve years National Defence Certificates;(ix) Ten years Defence Deposits;(x) National Defence Bonds;(xi) Unit Trust Certificates at 5% below market value or at the face value whichever is less.Also, FDR in favour of FA& CAO/ CLW/ Chittaranjan (free from any encumbrance) may be accepted.NOTE: The instruments as listed above will also be acceptable for Guarantees in case ofMobilization advance.(III)The performance guarantee shall be furnished by the successful contractor after the Letter of Acceptance hasbeen issued, but before signing of the agreement. This PG shall be valid up to the stipulated date of completionplus 60 days beyond that. In case, the time for completion of works gets extended, the contractor shall get thevalidity of Performance Guarantee extended to cover such extended time for completion of work plus 60 days.(IV)(V)(VI)The value of PG to be submitted by the contractor will not changed for variation up to 25% ( either increase ordecrease). In case during the course of execution, value of the contract increases by more than 25 % of theoriginal contract value , and additional PG amounting to 5 % ( five percent) for the excess value over theoriginal contract value shall be deposited by the contractor.The Performance guarantee shall be released after the physical completion of the work based on the“Completion Certificate” issued by the competent authority stating that the contractor has completed the workin all respects satisfactorily. The security deposit, however, shall be released only after the expiry of themaintenance period and after passing the final bill based on “No Claim Certificate”.Wherever the contracts are rescinded, the security deposit shall be forfeited and the performance guarantee shallbe encashed .The balance work shall be got done independently without risk and cost of the failed contractor.The failed contractor shall be debarred from participating in the tender for executing the balance work. If thefailed contractor is a JV or a partnership firm, then every member/partner of such a firm shall be debarred fromparticipating in the tender for the balance work either in his/her individual capacity or as a partner or any otherJV/partnership firm.Signature of the Tenderer with seal & date Page 21

Page 22 of 35(VII) The Engineer shall not make a claim under the Performance Guarantee except for amounts to which thePresident of India is entitled under the contract (not withstanding and/ or without prejudice to any otherprovisions in the contract agreement).i) Failure by the contractor to extend the validity of the Performance Guarantee as described herein above, inwhich event the Engineer may claim the full amount of the performance guarantee.ii) Failure by the contractor to pay President of India any amount due, either as agreed by the contractor ordetermined under any of the clauses/ conditions of the agreement, within 30 days of the service of notice to thiseffect by Engineer.iii) The contract being determined or rescinded under provision of the GCC the Performance Guarantee shall beforfeited in full and shall be absolutely at the disposal of the President of India.3.49 Application & provision of contract labour (Regulation & Abolition) Act 1970 and the Central,Rules 1971.a) The Contractor shall comply with the provision of the contract labour (Regulation & Abolition) Act 1970 andthe contract labour (Regulation & Abolition) General Rules, 1971 as modified from time to time whereverapplicable and shall also indemnify the Railway from and against any claims under the aforesaid Act and theRules.b) The Contractor shall obtain a valid license under the aforesaid Act as modified from time to time before thecommencement of the work. Any failure to fulfill this requirement shall attract the penal provisions of thecontract arising out of the resultant non-execution of the work.c) The Contractor shall pay to labour employed by him directly or through Sub-Contractors the wages as perprovisions of the aforesaid Act and the Rules wherever applicable. The Contractor shall not withstanding theprovisions of the contract to contrary, cause to be paid wages to labour indirectly engaged on the workincluding any engaged by his Sub-Contractors in connection with the said work, as if the labour had beenimmediately employed by him.d) In respect of all labour directly or indirectly employed in the work for performance of the Contractor’s part ofthe contract, the contractor shall comply with or cause to be complied with the provisions of the aforesaid Actand the Rule wherever applicable.e) In every case in which, by virtue of the provisions of the aforesaid Act & the Rules, the Railway is obliged topay an amount of wages to a workman employed by the Contractor or his Sub-Contractor in execution of thework or to incur any expenditure in providing welfare and health amenities required to be provided under theaforesaid Act and the Rules or to incur any expenditure on account of the contingent liability of the Railway dueto the Contractor’s failure to fulfill his statutory obligations under the aforesaid Act or theRules, the Railway will recover from the Contractor, the amount of wages so paid or the amount of expenditureso incurred, and without prejudice to the rights of the Railway under Section 20, Sub-Section(2) and section 22Sub-Section (4) of the aforesaid Act, the Railway shall be at liberty to recover such amount or part thereof bydeducting if from the Security Deposit and or from any sum due by the Railway to the Contractor whetherunder the Contractor or otherwise. The Railway shall not be bound to contest any claim made against it underSub-Section (1) of Section 20 and Sub-Section 4 of the section 21 of the aforesaid Act except on the writtenrequest of the contractor and upon his giving to the Railway full security for all costs for which the Railwaymight become liable in contesting such claim. The decision of the railway regarding the amount actuallyrecoverable from the contractor as stated above shall be final and binding on the Contractor.(f) For the purpose of the aforesaid Act & Rules the principal Employer shall be the Engineer of the works.3.50 Signing of “NO CLAIM” CertificateThe Contractor shall not be entitled to make any claim whatsoever against the Railway under or by virtue of orarising out of this contract, nor shall the Railway entertain or consider any such claim, if made by thecontractor, after he shall have signed a“NO CLAIM” certificate in favour of the Railway, in such from as shall be required by the Railway after theworks are finally measured up. The Contractor shall be debarred from the correctness of the items covered by“NO CLAIM” certificate or demanding a reference to arbitration in respect thereof.3.51 RIGHT OF RAILWAY TO DETERMINATE CONTRACT(1) The Railway shall be entitled to determine and terminate the contract anytime should, in the Railway’s opinion,the cessation of work become necessary owing to paucity of funds or from any other cause whatsoever, inwhich case the value of approved materials at site and of work done to the date by the Contractor will be paidSignature of the Tenderer with seal & date Page 22

Page 23 of 35for in full at the rates specified in the contract. Notice in writing from the Railway of such determination and thereason therefore shall be conclusive evidence thereof.(2) PAYMENT TO DETERMINATE CONTRACT BY RAILWAY.Should the contract be determined under sub-clause(1) of this clause and the Contractor claims payment forexpenditure incurred by him in the expectation of completing the whole of the works, the Railway shall admitand consider such claims as are deemed reasonable and are supported by vouchers to the satisfaction of theEngineer.The Contractor shall have no claim to any payment or compensation or otherwise howsoever on account of anyprofit or advantage which he might have derived in consequence from the execution of the work in full butwhich he did not derive in consequence of determination of contract. The Railways decision on the necessaryand propriety of such expenditure shall be final and conclusive.DETERMINATION OF CONTRACT OWING TO DEFAULT IN THE CONTRACT3.52 (1) If the Contractor should-(i) become bankrupt or insolvents, or(ii) make an arrangement with or assignment in favour of his creditors or agree to carry out the contractunder a committee or Inspection of his creditors, or(iii) being a company or corporation, go into liquidation (other than a voluntary liquidation for the purposeof amalgamation or reconstruction)(iv) have an execution levied on his goods or property on the works or(v) Abandon the contract, or(vi) Persistently disregard the instruction of the Engineer, or contravenes any provision of the contract, or(vii) Fail to adhere to agreed programme of work by margin of 10 percent of the stipulated period, or(viii) fail to remove materials from the site or to pull down and replace work after receiving from theEngineer notice to the effect that the said materials or works have been condemned or rejected underClauses 3.3 & 3.20 of these conditions, or(ix) fail to take steps to employ competent or additional staff and labour as required under clause 3.20 ofthese conditions, or(x) fail to afford the Engineer or Engineer’s representative proper facilities for inspecting the works or anypart thereof as required under Clause 3.21 of these conditions, or(xi) promise, offer or give any bribe, commission, gift or advantage either himself or through his partner orservant to any officer or employee of the Railway or to any person on his of on their behalf in relationto the execution of this or any other contract with the Railway, then and in any of the said causes, theEngineer on behalf of the Railway, may serve the Contractor with a notice in writing to that effectand if the Contractor does not within 7 days after the delivery to him of such notice proceed to makegood his default in so far as the same is capable of being made good and carry on the work or complywith such directions as aforesaid to the entire satisfaction of the Engineer, the Railway shall be entitledafter giving 48 hours notice in writing under the hand of the Engineer to remove the Contractor fromthe whole or any portion to portions (as may be specified in such notice) of the works without therebyavoiding the contract or realizing the Contractor from any of his obligations or liabilities under thecontract and adopt any or several following courses:-a) to rescind the contract, of which rescission notice in writing to the Contractor under the hand of the Engineershall be conclusive evidence, in which case the security deposit of the Contractor shall stand forfeited to theRailway without prejudice to the Railway’s right or recover from the Contractor any amount by which the cost ofcompleting the works by any other agency shall exceed the value of the contract:b) to carry out the works, or any part thereof by the employment of the required labour and materials, the costs ofwhich shall include lead, lift, freight supervision and all indental charges and to debit the Contractor with suchcost, the amount of which as certified by the Engineer shall be final and binding upon the Contractor, and tocredit the Contractor with value of the works done as if the works had been carried out by the Contractor underthe terms of the contract, and the certificate of the Engineer in respect of the amount to be credited to theContractor shall be final and binding upon the Contractor.c) to measure up the work executed by the Contractor and to get the remaining work completed by anotherContractor at the risk and expense of the Contractor in all respects in which case any expenses that may beSignature of the Tenderer with seal & date Page 23

xii)Page 24 of 35incurred if the works had been carried out by him under the terms of the contract, the amount of which excess ascertified by the Engineer shall be final and binding upon the Contractor, shall be borne and paid by theContractor and may be deducted from any moneys due to him by the Railway under the contract or otherwise offrom his Security Deposit. Provided always that in any case in which any of the powers conferred upon theRailway by Sub-Clause (1) of Clause 60 thereof shall have become exercisable and the same shall be notexercised the non-exercise thereof shall not constitute a waiver of any of the conditions hereof and such powersshall not withstanding be exercisable in the event of any future case of default by the Contractor which is liabilityfor past and future shall remain unaffected.At any time after the tender relating to the contract has been signed and submitted by the Contractor, being apartnership firm, admit as one of its partners of employ under it or being an incorporated company elect ornominate or allow to act as one of its directors or employ under it in any capacity whatsoever any retiredEngineer of the Gazetted Officer working before his retirement whether in the executive or administrativecapacity or whether holding pensionable post or not in the Engineering department of any of the Railways for thetime being owned and administered by the President of India before the expiry of two years from the date ofretirement from the said servile of such Engineer or officer unless such Engineer or Officer has obtainedpermission from the President of India or any officer duly authorized by him in this behalf to become a partner ora director or to take employment under the contractor, as the case may be ,orB. Fail to give at the time of submitting the said tendera)the correct information as to the date of retirement of such retired Engineer or retired officer from the saidservice or as to whether any such retired Engineer of retired officer was under employment of the Contractor atthe time of submitting the said tender, orb) the correct information as to such Engineers or officers obtaining permission to take employment under theContractor, orc) being a partnership firm, the correct information as to whether any of its directors was such a retired Engineer ora Gazetted Officer ord) being in incorporated company correct information as to whether any of its partners was such a retired Engineeror a retired officer, ore) being such a retired Engineer or retired officer suppress and not disclose at the time of submitting the said tenderthe fact of his being such a retired Engineer or a retired officer or makes at the time of submitting the said tender,a wrong statement in relation to his obtaining permission to take the contract of if the Contractor be a partnershipor an incorporated company to be a partner or director of such firm or company as the case may be or to seekemployment under the Contractor, then and in any of the said cases the Engineer on behalf of the contractorf) Railway, may serve the Contractor with a notice in writing to that effect and if the Contractor does not withinseven days after the delivery to him of such notice proceed to make good his default in so far as the same iscapable of being made good and carry on the work or comply with such directions as aforesaid to the entiresatisfaction of the Engineer, the Railway shall be entitled after giving 48 hours notice in writing under the handof the Engineer to rescind the contract as a whole or in part or parts (as may be specified in such notice) as adopteither or both of the following courses.2) RIGHT OF THE RAILWAY AFTER RECESION OF CONTRACT OWING TO DEFAULT OFCONTRACTIn the event of any or several of the courses referred to in sub-clause (1) of this clause, being adopted,a) The Contractor shall have no claim to compensation for any loss sustained by him by reason of his havingpurchased or procured any materials or entered into any commitments or made any advances on account of orwith a view to the execution of the works or to the performance of the contract and the Contractor shall not beentitled to recover or be paid any sum for any work thereto for actually performed under the contract unless anduntil the Engineer shall have certified the performance of such work and the value payable in respect thereof andthe Contractor shall only be entitled to be paid, the value so certified.b) Engineer or the Engineer’s representative shall be entitled to take the possession of any materials, tools,implements, machinery and buildings, on the works or on the property on which these are being or ought to havebeen executed and to retain and employ the same in the further execution of the works or any part thereof untilthe completion of the works without the Contractor being entitled to any compensation for the use andemployment thereof or for wear and tear or destruction thereof.c) The Engineer, shall, as soon as may be practicable after removal of the Contractor, fix and determine ex-parte orby or after reference to the parties or after such investigation or enquiries as he may consider fit to make orinstitute and shall certify that amount (if any) had at the time of rescission of the contract been reasonably earnedby or would reasonability accrue to the Contractor and what was the value of any unused or partially usedSignature of the Tenderer with seal & date Page 24

Page 25 of 35materials, any constrainable plant and any temporary works upon the site. The legitimate amount due to thecontractor after making necessary deductions and certified by the engineer should be released expeditiously.3.52 Execution of Contract Documents.i) The Tenderer whose tender is accepted shall be required to appear at the office of the General manager,Chief Electrical Engineer, Deputy Chief Electrical Engineer or Senior Electrical Engineer, as the case maybe in person or if firm or corporation, a duly authorized representative shall so appear, and to execute thecontract documents within seven days after notice that the contract has been awarded to him. Failure to doso shall constitute a breach of the agreement effected by the acceptance of the tender in which case the fullvalue of the Earnest Money accompanying the tender shall stand forfeited without prejudice to many otherrights or remedies.ii)iii)The cost of stamping the Agreement shall be borne by the Contractor.In the event of any Tenderer shoes tender is accepted shall refuse to execute the contract documents as here inbefore provided, the Railway may determine that such Tenderer abandoned thereof shall be treated ascancelled and the railway shall be entitled to forfeit the full amount of the Earnest Money had to recover theliquidated damages for such default.3.54 Arbitration matters finally determined by the Railways.All disputes or differences of any kind whatsoever arising out of or in connection with contract, whether duringthe progress or work or after their completion and whether before or after the determination of the contract,shall be referred by the contractor to the Railway and Railway shall within a reasonable time after theirpresentation can notify decisions there on in writing but such maters which are contained in G.C.C.8A.18.22(5)39, 43(2), 45(A) 55, 55(A) 5(57) 57A, 61(1), 61(2)and 62(1) or any matters decision of which is speciallyprovided for by these conditions will be treated as exceptional matters and the decision made by the Railwayauthorities shall be final and binding upon the contractors.3.55 Demand for Arbitration.3.55.1(i) If any or any matter in question, dispute of differences on any account or as to the with holding by theRailway for his entitlement, if the Railway fails to make a decision within 120 days, then in any such casebut except in any of the exceptional cases referred to in clause 63, the contractor may after 120 days ofsubmission of his disputed claim can ask in writing within 180 days to the effect that this dispute may be3.55.1(ii)referred to arbitration.Subjects in Arbitration demand will contain mater in question, dispute of difference and also the amountclaimed. Only specified matter may be referred to Arbitration not the others.3.55.1(ii)(A) Arbitration proceeding will be effected from such date by which written and legal demand has beenreceived by the Railways.3.55.1(ii)(B) The claimant will submit his claim with supporting documents and also state the remedy for each claimwithin 30 days from the date of appointment of arbitrator.3.55.1(ii)(C) Until the Tribunal permit the extension of the time the Railway will submit its defence statement andcounter claims within 60 days from the date of receipt of the copy from tribunal.3.55.1(iii)3.55.1(iv)During proceeding no new claims will be added from either of the parties. However, with the permissionof Tribunal modification of supplement call be added.If contractor’s failed to respond in writing after receiving the information with effect thatfinal bill is ready for payment within 90 days then it will be presumed that he/they have waived theirclaim and under this contract the Railway will be free from all liabilities with regard to the claim.3.55.2 Obligation during pendency of Arbitration.During proceeding of arbitration the work under contract, will continue under the order is given fromengineer and no payment will be withheld by the Railway for any dues payable but Arbitration Tribunalwill be right to consider and give decision whether to continue the work during arbitration proceeding ornot.3.55.3(A)(i) In such cases where full amount of claim in question does not exceed Rs. 10,00,000( Rupees Ten lakhsonly) one Arbitrator will be appointed who will be either General Manger or any gazetted officernominated by General Manager, but no less than the rank of Jr. Administrative Grade will be appointedwithin 60 days from the date of receipt of written valid demand for arbitration by the Railways.3.55.3(A)(ii) The cases which are not covered under clause 64(3)A for arbitration there will be a panel threegazetted officer and will be not below the rank of Jr. Administrative Grade jfor this purpose Railway willsend name of three gazetted officers from one or more department to the contractor who suggest any twoname from the panel to be appointed. The General Manager will appoint at least one as contractornominee. Thus appointed out of three arbitrators with consent of presiding arbitrators and rest arbitratorsSignature of the Tenderer with seal & date Page 25

Page 26 of 353.55.3A(iii)3.55.3A(iv)3.55.3A(v)3.55.3B(i)3.55.3B(ii)3.55.3B(iii)will be appointed from the above panel or our of the panel. At the time of indicating the name ofarbitrators, it is essential to ensure that at least one arbitrators should be from Accounts department. Forthe purpose of appointing arbitrators officers from Accounts department selection grade will be treated asequivalent to Sr. Administrative grade of the other department.As per above, if one or more arbitrators appointed refused to act as arbitrator or withdraw his name orvacates the post or for any other reasons unable to perform his duty or dies or does not work withinstipulated time or delays then General Manager can appoint new Arbitrator in place of him/them withsame procedure as followed earlier. Thus newly constituted Tribunal can work with its own conscious inthe same manner as earlier Tribunal worked and begin the work from the stage from where it was left bythe earlier Tribunal.The Arbitration Tribunal will have the power to ask for any affidavit or other evidence as deemednecessary by the Tribunal from the parties and it will be duty of the party to discuss or to make discussionwhich will enable Arbitrators it take decision for award.Under the above sub-clause (i) (ii) and (iii) at the time of appointing arbitrator, it will be kept in mind thatappointee will be not from them who has an opportunity to dispose the case concern to the questionedcontractor who as a Railway employee in course of discharging his duties have expressed his views on anydisputes, proceeding taken by arbitration tribunal or award made by such tribunal will not be invalid onthe ground that one or more arbitrator have expressed his/ their views for disposal of any dispute incourse discharging his/ their duties.The Arbitration award will consist of item, amount and reasons on which it is based.To rectify the errors in the parties award, any error, calculation, typing, clerical mistakes or errors ofsimilar nature and to clarify any point of award it is to be applied within 30 days from the receipt of theaward.Any party with regard to claims presented in the arbitration proceedings but omitted in thearbitration award can apply to the tribunal for additional award.3.55.4 In case of such Tribunals which is constituted by three members any rules or award will be given onthe basis of majority of the Tribunal members. In case of lack of such majority of opinion of presidingarbitrator will be effective.3.55.5 Where Arbitration awards for payment of any amount the interest on full or partly amount will not bepayable for any amount award in arbitration.3.55.6 The cost of arbitrator will be borne by the concerned parties. The cost include inter alia fee of theArbitrator in prescribed rates as decided by Railway Administration from time to time.3.55.7 The above terms and conditions are made under the arbitration and conciliation ordinance 1996 andwill be effective to all arbitration proceedings.Signature of the Tenderer with seal & date Page 26

Page 27 of 35PART-IVCONDITIONS OF PRICE AND PAYMENT4.1 ScopeThis chapter deals with prices to be paid for supply and/or erection including testing, commissioning of variousitems of work or for supplies, and other amounts payable in accordance with accepted schedules of prices andrates and terms and conditions of payment mentioned herein.4.2 This is a composite works contract. The total prices for the completed items of work are the actual pricespayable to the Contractor as per the terms and conditions of the contract4.3 Schedule of prices.Unit pricesi) The unit prices of various items of work shall be included in the schedule of prices attached in Part-VI.ii) The unit prices quoted by the Tenderer and accepted by the purchaser shall hold good till the completion of thework and no additional individual claim will be admissible on account of fluctuation in market rates.iii) Minor changes in basic designs shall not affect the unit prices so long as such changes are mutually agreed to bythe purchaser and the Contractor.iv) All unit prices shall be inclusive of all cost of materials, labour, transportation, handling, storage, erection,testing and commissioning, taxes, duties. For material supplied by the purchaser only erection charges will bepayable for execution of work in accordance with specification and approved drawings.4.4 Unit prices for supplyi) The unit prices quoted by the Tenderer shall include the cost of material including all incidental charges like,freights, transport, loading, unloading, handling, of materials, lifting descent insurance premium, Bankerscharges for Bank Guarantee, Indemnity Bond cost of stamp etc. i.e. cost of all incidental charges ex-works tosite of workii) The unit prices stated above are also inclusive of Excise Duty and other Central and local taxes, if legalityapplicable but exclusive of octroi entry as octroi entry charges are exempted on Railway materials, necessaryexemption certificate for octroi/entry will be furnished to Contractor by the Purchaser.iii) While quoting the rates by the Tenderers the concessional rates of taxes/duties as admissible on Railwaymaterials need to be taken into account. Necessary declaration form, if required will be furnished by thepurchaser to the Contractor.4.5 Unit prices for erectionThe prices for erection shall include costs of erection testing commissioning etc. to the extent indicated and alsocover all costs of administration of the contract. Banker/s charge for guarantee, cost of storage, loading,unloading and handling of materials. The unit prices for erection shall include cost of works or adjustmentnecessary to be done by the Contractor during or after the tests carried out by the purchaser.4.6 Payment and recovery termsSubject to any deduction or recoveries which the purchaser may be entitled to make under the contract, thepayment to the Contractor shall be governed as per the following clauses:4.7 The Contractor shall be entitled to be paid from time to time by way of “On Account” payment up to 100 %only for such works as in the opinion of the Engineer he has executed in terms of the contract. On Accountpayment will be made on satisfactory erection duly certified by Engineer’s representative not below theGazetted rank and as recorded in Measurement Book.4.8 a) On Account payment on materials will be made on the extent of 100% of the total prices of such materialincluded in the schedules. On receipt of the materials in good condition at site. All invoices shall beaccompanied by following:i) Manufacturers test certificates wherever applicableii) Inspection Certificate granted by purchaser’s representativeiii) Certificate of receipt of materials at the work site duly accepted by purchasers.Signature of the Tenderer with seal & date Page 27

Page 28 of 35iv) Certificate that the stores have been insured. Whenever applicablev) Execution of Indemnity Bond/Bank Guaranteevi) Detailed entries for supply being made in Measurement Bookb) On Account payment to the extent of 100% of the total unit price of erection/laying of such material included inthe schedule will be made on satisfactory erection duly certified by purchaser Engineer/Representative notbelow the Gazetted Rank and as recorded in the Measurement Book.4.9 Limit for On Account Payment:The limit for On Account payment shall not in any case exceed 100% value of works contract.4.10 Maintenance of work after completion:Subject to the conditions as detailed below; balance payment shall be made on commissioning of the completework adjusting all the dues if any.Nature of worka Commissioning of allnew installations and alsowork of addition andalteration to the existingassets.Period of Maintenanceafter certified date ofcompletion12(Twelve)MonthsAmount to the retained by the Railwaytowards maintenanceThe entire amount of Security deposit heldagainst the contract as per Clause-3.48 of “General & Special condition of contract”4.11 Recoveries from the ContractorAll recoveries for the cost of material supplied and service rendered by the purchaser to the Contractor covering100 % On Account payment and supply and erection, testing and commissioning.4.12 Without prejudice to any other rights or remedies, recovery for any loss of equipment/materials supplied free ofcost to the Contractor shall be effected through the ‘On Account bills/final bills at the discretion of the Engineer.The rate of recovery of such equipment/material shall be determined by the purchaser whose decision shall befinal and binding.4.13 Income Tax shall be recovered from the source as per extent rules.4.14 Statutory variation in Taxes and Duties(i)(ii)The statutory variation of Sales Tax and Excise Duties either from the date of opening of the tender or from thedate of letter of Acceptance of tender to the date of delivery of materials equipments at site, if legally payableshall be applicable for both upward and down revision of levies rates etc. of such taxes and duties. Anyadditional payment and/or less payment due to statutory variation of taxes and duties as the case may be eitherwill be reimbursed to the Contractor or credit will have to be offered to the purchaser. Additional paymentand/or credit as the case may be, on this account will be made/adjusted while make final payment.The claim for reimbursement of additional payment to the Contractor or the credit offered by the Contractor onAccount of statutory variation in taxes duties under this clause shall be subject to production of the requisitedocuments.4.15 Final settlement and refund of Warranty Deposit4.15(i) On issue of the certificate for final acceptance, provided all the dues payable by the Contractor to the purchaserhave been duly paid or otherwise made good by the Contractor, the Warranty Deposit will be refunded to theContractor on production and surrender of the relative original receipt granted by the purchase in case it was paidin cash and where the Warranty Deposit is in the form of Bank Guarantee it will be released. The release of theWarranty Deposit will terminate the contract.Signature of the Tenderer with seal & date Page 28

Page 29 of 354.15(ii) The Security Deposit shall however, be liable to the forfeited in case of any breach by the Contractor of any ofthe conditions of the contract or for not completion of the full contract without prejudice to other rights andremedies of the purchaser whether specifically provided for herein or otherwise.4.16 Post Payment AuditIt is an agreed term of the contract that the purchaser reserves to itself the right to carry out a post payment auditand or technical examination of the works and the final bill, including all supporting vouchers, abstracts etc. andto make a claim on the contractor for the refund of any excess amount paid to him if as result of suchexamination any over payment to him is discovered to have been made in respect of any work one or alleged tohave been done by him under the contract.4.17 MeasurementPayment for field work shall be made in accordance with approved designs and drawings and measured inrelevant units, except where provided for otherwise. In case the dimensions of the work are more than thoseshown in approved designs and drawings, the Contractor will not be entitled to any extra payment unless thedimensions are increased on account of physical impossibility of carrying out the work in accordance withapproved drawings and designs, subject to approval by the purchaser before execution. In case the dimensionsof work are less than those shown in the approved designs and drawings and the work is accepted without beingrejected. Payment will be made as per work actually done at mutually acceptable rates.The measurement will be made generally in accordance with the specifications, standard engineering practice.4.18 Measurement of workThe Contractor shall be made for the works at accepted schedule of rates on the measurements taken by theEngineer of the Engineer’s representative in accordance with the rules prescribed for the purpose.i) The quantity for items, the units for which it is prevalent accepted schedule of rates in MKS system in 10 or100, the linear measurement shall be recorded corrected to nearest centimeters (Cm). The air and the cubiccontents shall be calculated in square meters and in cubic meters corrected up to two places of decimalsrespectively.ii)Such measurements will be taken of the work in progress from time to time and at such intervals as in theopinion of the Engineer, shall be proper having regard to the progress of work. The date and time on which themeasurements are to be made shall be communicated. The Contractor who shall be present at the site and shallsign the results of the measurements (which shall also be signed by the Engineer or the Engineer’srepresentative) recorded in the official measurement book as an acknowledgement of his acceptance of theaccuracy of the measurement. In the event of failure, on the part of the Contractor to attend, the work may bemeasured in his absence and such measurement shall not withstanding such absence be binding upon theContractor whether or not he shall have signed the measurement book provided always that any objection madeby him to any measurement shall be duly investigated and considered in the manner set out below.a) It shall be open to the Contractor to take specific objection to any recorded measurement or classification onany ground within 7(seven) days from the date of measurement. Any re-measurement taken by the Engineer orthe Engineer’s representative in the presence of the Contractor or in his absence after due notice has been givento him consequence of the objection made by the Contractor shall be final and binding on the Contractor and noclaim whatsoever shall hereafter be entertained regarding the accuracy and classification of the measurement.b) If any objection raised by the Contractor is found by the Engineer to be incorrect the Contractor shall beliable to pay the actual expenses incurred in the measurements.Signature of the Tenderer with seal & date Page 29

……………………………………………………………………………………Sub.Page 30 of 35ANNEXURE IREGISTERED ACKNOWLEDGEMENT DUE(i)……………………………………………………………………………………… (Name of work)………………………………………………………………………………..(ii) Acceptance Letter No. ………………………………………………………………………..Dated…………………………..(iii) Understanding/ Agreement No. ………………………………………………………………………………………….Ref. :…………………………………………………. Quote specific application of Contractor forExtension to the date received) …………………………………………………………………………………………….Dear Sir,The stipulated date for completion of the work mentioned above is …………………………………. from the progress madeso far and the present rate of progress, it is unlikely that the work will be completed by the above date (or However, the work was notcompleted on this date).2. Expecting that you may be able to complete the work, if some more time is given, the competent authority, although notbound to do so, hereby extends the time for completion from ……………………… to……………………………………………………3. Please note that an amount equal to the liquidate damages for delay in the completion of the work after the expiry of…………………………………………………… (give here the stipulated date for completion with/ without penalty fixed earlier) will berecovered from you as mentioned in clause 3.17-B of the General Conditions of Contract period, notwithstanding the grant of thisextension. You may proceed with the work accordingly.4 The above extension of the completion date will also be subject to the further condition that no increase in rates on anyaccount will be payable to you.5. Please intimate within a week of the receipt of this letter of your acceptance of the extension of the conditions stated above.6. Please note that in the event of your declining to accept the extension on the above said conditions or in the event of yourfailure after accepting or acting up to this extension to complete the work by ……………………………….. (Here mention the extendeddate) further action will be taken in terms of clause 62 of the Railway Board’s General Conditions of Contract.Yours faithfullyFor and on behalf of the President of IndiaSignature of the Tenderer with seal & date Page 30

Page 31 of 35CLW/ ChittaranjanEXPLANATORY NOTES TO SCHEDULEPART- V1. For Item Sl. No. 8 of schedule:The prices shall cover supply, installation, connection and commissioning of Outdoor type Floor mounting feederpillar (IP65) made of high quality Polycarbonate (Shock proof, rust free, corrosion free, acid and chemicalresistant, fire and flame retardant, high impact, made of halogen and silica free recyclable material) UV resistant ,high grade gasket made of Polyurethane and should withstand glow wire test at 960°C. The feeder pillar shouldhold Type Test certificate (CPRI) with switchgear assemblies as per IEC 60 439-1. Feeder pillar board shall beperformed following test.1. Temperature rise test.2. Dielectric properties.3. Short Circuit withstand current- Rated peak & short time withstand current and RatedConditional Short circuit Current4. Effectiveness of Protective Circuits.5. Clearance & Creepage distance.6. Mechanical operation.System Voltage – 415V, 3Ø, 4Wire, 50Hz.Bus bar rating- 250A/ PhaseBus bar size – 12mm. x 10mm. CopperBus bar short time current – 30KA (Peak)Cable entry (Incoming & out going) – from bottomIncoming – 125A, 4P, 415 V, MCCB - 1 No.Outgoing – 20A, SP MCB, 230 V, 10KA – 40 Nos.Cable terminals – Incoming 4 core 150 Sq. mm. Al. conductor XLPE cable.Outgoing 2 core 10 Sq. mm. Al. conductor XLPE cable.Make : MCCB – L&T, SIEMENS, ABB, SCHNEIDERMCB – LEGRAND, STANDARD, SCHNEIDER, MDSMake of enclosure: Hensel/ Emiter2. For Item Sl. No. 10 of schedule:The prices shall cover, supply and installation of cable route marker made up of Cast Iron 150 mm. dia. X 8 mm.thick marked with L.T. Cable to be fitted on M.S angle 50 x 50 x 6 mm. thick , 600mm. long by riveting 2 Nos.rivet and the angle shall be grouted on cement concrete base 300 mm. Length x 300 mm. Breadth x 400mm.Height below ground level.3. For Item Sl. No. 11 of schedule:The prices shall cover Digging of earth pit, supply, installation, connection, testing and commissioning ofMaintenance free long life earthing electrode with following Physical & Technical requirements:Earthing electrode should be Zinc coated at least76.3 mm. Dia. pipe 3.0 Meter long and inner pipe should be 35-40 mm. dia. Thickness of the Outer pipe 16 SWG and inner pipe 14 SWG. The inside filling material should beCrystalline Conductive Mixture having anti corrosive and conductive property. 2 bags each 25 Kg. of Back FillCompound should be provided in each Earth Electrode. The Ohmic value of 2-3 Ohm shall be maintainedregardless of soil and climatic condition.Electrode must be tested from CPRI and must withstand 75.28 KA of Peak Current and 35.85 KA rms for 1second. Testing of the Earthing system will be through calibrated Earth Tester with Two spike system as per IS:3043 carried out by the technical staff to conform the required ohmic value.The job shall also include supply and erection of G.I. flat 50 mm. x 6 mm. thick from the Earth Electrode toDistribution feeder pillar.Make : Ashlok/ Ash Gel/ Ash.Signature of the Tenderer with seal & date Page 31

Page 32 of 35CLW/ ChittaranjanSCHEDULE OF QUANTITIES AND RATESPART-VITender No : - EL/CON/366/WCDescription : - "Modification of LTOH service line into U/G system by cable – 100 quarters.”Sl.No. DESCRIPTION Qty. Unit Unit rate forsupply in fig. &words. (Rs.)1 Procurement of XLPE insulated and PVCsheathed stranded armoured Aluminiumconductor cable 1100 volt grade as per IS:7098(Pt.I) of following sizes :-Unit rate forerection in fig. &words. (Rs.)(a) 4 Core, 150 Sq. mm cable (Armoured) 150 M To be supplied by CLW(b) 2 Core, 10 Sq. mm cable (Armoured) 15000 M To be supplied by CLW2 Supply of G.I. pipe (Medium Gauge) offollowing sizes as per IS-1239- Pt. I( 1990 )(a)100 mm dia. G.I. pipe (Medium Gauge)for 4 core 150 Sq. mm cable.18 M(b)100 mm dia. G.I. pipe (Medium Gauge)for 12/16 runs of 2 core 10 Sq. mm.cable.16 M(c)40 mm dia.G.I. pipe (Medium Gauge) for2 runs of 2 core 10 Sq.mm. cable.590 M(d)20 mm dia.G.I. pipe (Medium Gauge) for1 run of 2 core 10 sq.mm. cable.472 M3 20 mm dia.Conduit pipe (MediumGauge) for 1 run of 2 core 10 sq.mm.cable.708 MSignature of the Tenderer with seal & date Page 32

Page 33 of 35Sl.No. DESCRIPTION Qty. Unit Unit rate forsupply in fig. &words. (Rs.)4(a)(b)Digging of earth and formation ofkachcha cable trench as per Drg.No.CLW/E/2012/01` with brick coveringat the top, sand filling (ordinary sand) atthe bottom of the trench 150 mm thick,covering the trench with excavated soil,ramming and removal of extra soil fromthe site after laying of cable & for layingof 2 runs of 2 core 10 Sq mm Cu cablethrough G.I. pipe 40 mm. dia. includingdressing of soil covering the trench withexcavated soil, ramming and removal ofextra soil from the site after laying of thecable (For quarter)Cutting of pucca pitched road of requiredsize 0.3 M wide x 0.45 M deep andlaying of G.I.pipe (Medium gauge) andafter laying of G.I. pipe filling the gapwith black cement pcc and make good ofdamages to its original decore.(c) Breaking of cemented floor of size 200mm wide x 150 mm deep for laying ofcable through G.I. pipe and after layingof G.I. pipe the said portion shall becovered with P.C.C. (1:3:6) and finishedwith cement, sand plaster 13 mm. thickwith 3 mm. thick smooth plaster cementto make good of damages to its orginaldecor including supply of all materialsincluding laying of cable (For quarter).2000 M10 M88 M5 Laying of following size of cables runthrough kuchcha cable trench :-(a) 4 Core, 150 Sq. mm cable (armoured). 150 MUnit rate forerection in fig. &words. (Rs.)(b)1 run 2 core , 10 Sq mm cable.(armoured)12800 MSignature of the Tenderer with seal & date Page 33

Page 34 of 35Sl.No. DESCRIPTION Qty. Unit Unit rate forsupply in fig. &words.(Rs.)6 Laying, connection and commissioning offollowing size of cables run along thewall/ pole through G.I pipe (MediumGauge) including supply of fixing clamps25 x 6 mm thick and fixing hardwares.(a) 4 Core, 150 Sq. mm cable run through 8 M100 mm dia. G.I. pipe.Unit rate forerection in fig. &words.(Rs.)(b)2 runs of 2 Core,10 Sq. mm Cu cable runthrough 40 mm dia. G.I. pipe .120 M( c ) 2 Core,10 Sq. mm cable run through 20mm dia. G.I pipe run along the front wall.472 M7 1 run of 2 Core 10 sq.mm cable runthrough 20 mm dia. PVC conduit pipe(Heavy gauge) run along the inside of thewall.8 Supply , installation, connection andcommissioning of Out door floormounting feeder pillar made of highquality polycarbonate having high gradegasket made of Polyurethane and shouldbe flame retardant . Out door Floormounting Feeder Pillar- 2 of size 1100 X1350 X 660 mm. having incoming 125 A,4P, 415 V, 3Ø, MCCB and out going20A, SP , MCB, 230V- 40 nos, for detailsas per Tech. Specn.9 End connection of 4 Core 150 Sq. mmcable (Armoured) with crimping typealuminum cable lugs and PVC cableglands & connect to terminals.708 M4 Each8 EachSignature of the Tenderer with seal & date Page 34

Page 35 of 35Sl.No. DESCRIPTION Qty. Unit Unit rate forsupply in fig. &words.(Rs.)10 Supply and erection of L.T Route Marker 80 Each, solidly grouted in cement concrete baseas per technical specification.Unit rate forerection in fig. &words.(Rs.)11 Earthing : - ASEEL-39-ZN,76.3 mm Dia.with backfill compound as per tech.specification.4 EachEnd of doc.Signature of the Tenderer with seal & date Page 35