Download NIT - Chittaranjan Locomotive Works - Indian Railway

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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 1 and 2: Page 1 of 35Office of the Dy. Chief
Page 3 and 4: Page 3 of 355. Completion period.Th
Page 5 and 6: Page 5 of 35FORM -1Indian Railway,
Page 7 and 8: Page 7 of 35FORM-5TENDERER’S CRED
Page 9 and 10: Page 9 of 351.4 Interpretations:Thi
Page 11 and 12: Page 11 of 35PART - IICONDITION OF
Page 13 and 14: Page 13 of 352.10 Period of validit
Page 15 and 16: Page 15 of 353.10 Settlement of dis
Page 17 and 18: Page 17 of 35For the purpose of thi
Page 19 and 20: Page 19 of 353.34 Claim on account
Page 21 and 22: Page 21 of 353.48(b) Performance Gu
Page 23 and 24: Page 23 of 35for in full at the rat
Page 25: Page 25 of 35materials, any constra
Page 29 and 30: Page 29 of 354.15(ii) The Security
Page 31 and 32: Page 31 of 35CLW/ ChittaranjanEXPLA
Page 33 and 34: Page 33 of 35Sl.No. DESCRIPTION Qty
Page 35: Page 35 of 35Sl.No. DESCRIPTION Qty

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