Download NIT - Chittaranjan Locomotive Works - Indian Railway

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