RFP Tunnel

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HARYANA RAIL INFRASTRUCTURE

DEVELOPMENT CORPORATION LIMITED

REQUEST FOR PROPOSAL (RFP) DOCUMENT

FOR

CONTRACT: HRIDC/TNL/HORC/2020
Detailed Design, Geological Mapping, Geo Technical Investigations, and other
ancillary works in connection with construction of Tunnel and its approaches in
Sohna-Manesar Section of ‘Haryana Orbital Rail Corridor’ Project in the state of
Haryana.

February 2020

HARYANA RAIL INFRASTRUCTURE DEVELOPMENT CORPORATION LIMITED

Corporate Office: SCO 17-19, 3rd Floor, Sector 17A, Chandigarh.


Website:
www.hridc.co.in
https://etenders.hry.nic.in
TABLE OF CONTENTS
SECTION- I: NOTICE INVITING TENDER……………………………….………... 03

SECTION II: FORM OF BID…………………………………………..……….… 11

SECTION III: INSTRUCTIONS TO BIDDER………………………….…………..… 14

SECTION IV: APPENDIX TO BID …………………………………..…………… 31

SECTION V: SPECIAL CONDITIONS OF CONTRACT……………………..……….. 33

SECTION VI: TERMS OF REFERENCES (TOR)…………………………….……. 50

SECTION VII: CERTIFICATION OF FAMILIARIZATION………………….….…...... 56

SECTION VIII: BILL OF QUANTITIES…………………………………………... 58

SECTION IX: GENERAL CONDITIONS OF CONTRACT…………………….……… 67

HARYANA RAIL INFRASTRUCTURE DEVELOPMENT CORPORATION LIMITED 2


SECTION- I: Notice Inviting Tender

HARYANA RAIL INFRASTRUCTURE DEVELOPMENT CORPORATION LIMITED 3


Tender No: HRIDC/TNL/HORC/2020/4 Date: 13.02.2020

The Haryana Rail Infrastructure Development Corporation invites on line bids from eligible
bidders on the websitehttps://etenders.hry.nic.in for the works as detailed in the table. e-Tender is
invited for below mentioned work in single stage two cover system i.e. for Technical Bid (online
Bid under PQQ/ Technical Envelope) and Financial Bid (comprising of price bid Proposal under
online available Commercial Envelope):-

Sr. Name of work Total Cost Completion EMD Cost of E-Service


No. (in Rs) Period (in Rs) Tender Fees
Document
1. Detailed Design, Geological
Mapping, Geo Technical
Investigations, and other
ancillary works in connection
Rs. 1000/-
with construction of Tunnel 1.09Cr 4 months 2,04,500/- Rs.10000/-
+ GST
and its approaches in Sohna-
Manesar Section of ‘Haryana
Orbital Rail Corridor’ Project
in the state of Haryana.

Under this process, the Pre-qualification/ Technical online bid Application as well as online
Price Bid shall be invited at single stage under two covers i.e. PQQ/Technical & Commercial
Envelope. Eligibility and qualification of the Applicant will be first examined based on the
details submitted online under first cover (PQQ or Technical) with respect to eligibility and
qualification criteria prescribed in this Tender document. The Price Bid under the second cover
shall be opened for only those Applicants whose PQQ/ Technical Applications are responsive to
eligibility and qualifications requirements as per Tender document.

The payment for Tender Document Fee and e-Service Fee shall be made by eligible bidders
online directly through Debit Cards & Internet Banking Accounts and the payment for EMD can
be made online directly through RTGS/NEFT Please refer to ‘Online Payment Guideline’
available at the Single e-Procurement portal of GoH (Govt. of Haryana) and also mentioned
under the Tender Document.

Intending bidders will be mandatorily required to online sign-up (create user account) on the
website https://etenders.hry.nic.into be eligible to participate in the e-Tender. He/She will be
required to make online payment of above mentioned EMD fee. The intended bidder, who fails
to pay EMD fee under the stipulated time frame, shall not be allowed to submit his / her bids for
the respective event / Tenders. The tenderer should refer to Annexure to NIT for instructions
regarding Electronic Tendering System.

HARYANA RAIL INFRASTRUCTURE DEVELOPMENT CORPORATION LIMITED 4


The interested bidders must remit the funds at least T+1 working day (Transaction day + One
working Day); and make payment via RTGS /NEFT to the beneficiary account number specified
under the online generated challan. The intended bidder / Agency thereafter will be able to
successfully verify their payment online, and submit their bids on or before the expiry date &
time of the respective events/Tenders at https://haryanaeprocurement.gov.in.

The interested bidders shall have to pay mandatorily e-Service fee (under document fee – Non
refundable) of Rs.1000/- (Rupee One Thousand Only) plus GST online by using the service of
secure electronic gateway.

The contractual Agencies can submit their tender documents as per the dates mentioned in the
key dates schedule.

Key Dates Schedule

Sr. Item Start date and time Expiry Date and Time
No.
1. Release of tender 13.02.2020 at 5:00 13.03.2020 upto 3:00
PM PM
2. Tender Bid Preparation and 20.02.2020 at 5:00 13.03.2020 upto 3:00
submission PM PM
3 Technical Bid Opening 13.03.2020 from 3:00 PM to 5:00 PM
4 Technical Evaluation
5 Opening of Financial Bid Date will be separately intimated to the
eligible bidders.
Important Notes:

1) The Applicants/bidders have to complete ‘Application / Bid Preparation & Submission’


stage on scheduled time as mentioned above. If any Applicant / bidder failsto complete
his / her aforesaid stage in the stipulated online time schedule for this stage, his / her
Application/bid status will be considered as ‘Applications / bids not submitted’.
2) Applicant/Bidder must confirm & check his/her Application/bid status after completion
of his/her all activities for e-bidding.
3) Applicant/Bidder can rework on his/her bids even after completion of ‘Application/Bid
Preparation & submission stage’ (Application/Bidder Stage), subject to the condition that
the rework must take place during the stipulated time frame of the Applicant/Bidder
Stage.
4) In the first instance, the online payment details of tender document fee + e-Service and
EMD & PQQ/Technical Envelope shall be opened. Henceforth financial bid quoted
against each of the item by the shortlisted bidder/ Agency wherever required shall be
opened online in the presence of such bidders/ Agency who either themselves or through

HARYANA RAIL INFRASTRUCTURE DEVELOPMENT CORPORATION LIMITED 5


their representatives choose to be present. The bidder can submit their bids online as per
the dates mentioned in the schedule/Key Dates above.

The bids shall be submitted online in two separate envelopes:

Envelope 1: Technical Bid


The bidders shall upload the documents Online as per Annexure-II of Instructions to Bidders in
the Technical Bid.
Envelope 2: Commercial Bid
The bidders shall quote the prices as per BOQ in price bid format under Commercial Bid.

In case financial bid is submitted but EMD has not been submitted by any bidder, then
bidder would be debarred from further tendering in HRIDC for a period of minimum 3
years.

CONDITONS:-

1) DNIT & Prequalification criteria can be seen on website and also on any working day
during office hours in office of the undersigned.
2) Conditional tenders will not be entertained & are liable to be rejected.
3) In case the day of opening of tenders happens to be holiday, the tenders will be opened on
the next working day. The time and place of receipt of tenders and other conditions will
remain unchanged.
4) The undersigned reserve the right to reject any tender or all the tenders without assigning
any reason.
5) The tender without EMD will not be opened and summarily rejected.
6) The jurisdiction of court will be at Panchkula/ Chandigarh.
7) The tender of the bidder who does not satisfy the qualification criteria in the bid
documents are liable to be rejected without assigning any reason and no claim
whatsoever on this account will be considered.
8) The bid for the work shall remain open for acceptance during the bid validity period to be
reckoned from the last date of ‘submission of online tender / bid. If any bidder/ renderer
withdraws his bid/ tender before the said period or makes any modifications in the terms
and conditions of the bid, the said earnest money shall stand forfeited. Bids would require
being valid for 90 days from the date of bid. In case the last day to accept the tender
happens to be holiday, validity to accept tender will be the next working day.

DGM (Project),
HRIDC

HARYANA RAIL INFRASTRUCTURE DEVELOPMENT CORPORATION LIMITED 6


Annexure to NIT
INSTRUCTIONS REGARDING ELECTRONIC TENDERING SYSTEM

These conditions will over-rule the conditions stated in the tender documents, wherever
relevant and applicable.

1. Registration of bidders on e-tendering Portal:-


All the bidders intending to participate in the tenders process online are required to get registered
on the centralized e-tendering Portal i.e. https://etenders.hry.nic.in Please visit the website for
more details.

2. Obtaining a Digital Certificate:


2.1. The Bids submitted online should be encrypted and signed electronically with a Digital
Certificate to establish the identity of the bidder bidding online. These Digital Certificates
are issued by an Approved Certifying Authority, by the Controller of Certifying
Authorities, Government of India.

2.2. A Digital Certificate is issued upon receipt of mandatory identity (i.e. Applicant’s PAN
Card) and Address proofs and verification form duly attested by the Bank Manager / Post
Master / Gazetted Officer. Only upon the receipt of the required documents, a digital
certificate can be issued. For more details please visit the website –
https://etenders.hry.nic.in

2.3. The bidders may obtain Class-II or III digital signature certificate from any Certifying
Authority or Sub-certifying Authority authorized by the Controller of Certifying
Authorities or may obtain information and application format and documents required for
the issue of digital certificate from.

2.4. The bidder must ensure that he/she comply by the online available important guidelines at
the portal https://etenders.hry.nic.in for Digital Signature Certificate (DSC) including the e-
Token carrying DSCs.

Ms Manju Aggarwal .
Tehchnical Director,
Scientist-E, NIC.
Panchkula.
E - mail: a.manju@nic.in
Help Desk: 0172 – 584257, 94170-69017.

2.5. Bid for a particular tender must be submitted online using the digital certificate
(Encryption & Signing), which is used to encrypt and sign the data during the stage of bid
preparation. In case, during the process of a particular tender, the user loses his digital
certificate (due to virus attack, hardware problem, operating system or any other problem)
he will not be able to submit the bid online.
Hence, the users are advised to keep a backup of the certificate and also keep the copies
at safe place under proper security (for its use in case of emergencies).

2.6. In case of online tendering, if the digital certificate issued to the authorized user of a firm is
used for signing and submitting a bid, it will be considered equivalent to a no-objection
certificate/power of attorney /lawful authorization to that User. The firm has to authorize a
HARYANA RAIL INFRASTRUCTURE DEVELOPMENT CORPORATION LIMITED 7
specific individual through an authorization certificate signed by all partners to use the
digital certificate as per Indian Information Technology Act 2000. Unless the certificates
are revoked, it will be assumed to represent adequate authority of the user to bid on behalf
of the firm in the department tenders as per Information Technology Act 2000. The digital
signature of this authorized user will be binding on the firm.

2.7. In case of any change in the authorization, it shall be the responsibility of management/
partners of the firm to inform the certifying authority about the change and to obtain the
digital signatures -7- of the new person / user on behalf of the firm / company. The
procedure for application of a digital certificate however will remain the same for the new
user.

2.8. The same procedure holds true for the authorized users in a private/Public limited
company. In this case, the authorization certificate will have to be signed by the directors
of the company.

3. Opening of an Electronic Payment Account:

For purchasing the tender documents online, bidders are required to pay the tender documents
fees online using the electronic payments gateway service shall be integrated with the system
very soon till then it will be submitted manually. For online payments guidelines, please refer to
the Home page of the e-tendering Portal https://etenders.hry.nic.in

4. Pre-requisites for online bidding:

In order to operate on the electronic tender management system, a user’s machine is required to
be set up. A help file on system setup/Pre-requisite can be obtained from National Informatics
Center or downloaded from the home page of the website - https://etenders.hry.nic.in the link for
downloading required java applet & DC setup are also available on the Home page of the e-
tendering Portal.

5. Online Viewing of Detailed Notice Inviting Tenders:

The bidders can view the detailed N.I.T and the time schedule (Key Dates) for all the tenders
floated through the single portal e-tendering system on the Home Page at
https://etenders.hry.nic.in

6. Download of Tender Documents:

The tender documents can be downloaded free of cost from the e-tendering portal
https://etenders.hry.nic.in

HARYANA RAIL INFRASTRUCTURE DEVELOPMENT CORPORATION LIMITED 8


7. Key Dates:

The bidders are strictly advised to follow dates and times as indicated in the online Notice
Inviting Tenders. The date and time shall be binding on all bidders. All online activities are time
tracked and the system enforces time locks that ensure that no activity or transaction can take
place outside the start and end dates and the time of the stage as defined in the online Notice
Inviting Tenders.

8. Online Payment of Tender Document Fee, eService fee & EMD fees & Bid Preparation &
Submission (PQQ/ Technical & Commercial/Price Bid):

8.1. Online Payment of Tender Document Fee + e-Service fee: The online payment for
Tender document fee, eService Fee & EMD can be done using the secure electronic
payment gateway. The Payment for Tender Document Fee and eService Fee shall be
made by bidders/ Vendors online directly through Debit Cards & Internet Banking
Accounts and the Payment for EMD shall be made online directly through RTGS /
NEFT & OTC.

The secure electronic payments gateway is an online interface between contractors and
Debit card/ online payment authorization networks.

8.2. Preparation & Submission of online Applications/Bids:

i. Detailed Tender documents may be downloaded from e-tendering website


(https://etenders.hry.nic.in) from 20.02.2020 to 13.03.2020 (15:00 Hrs.) and tender
mandatorily be submitted online following the instruction appearing on the screen.

ii. Scan copy of Documents to be submitted/uploaded for Prequalification or Technical


bid under online PQQ/ Technical Envelope: The require documents (refer to DNIT)
shall be prepared and scanned in different file formats (in PDF /JPEG/MS WORD format
such -8- that file size is not exceed more than 10 MB) and uploaded during the on-line
submission of PQQ or Technical Envelope.

A. Only Electronic Form (Refer Tender document).

FINANCIAL or Price Bid PROPOSAL shall be submitted mandatorily online under


Commercial Envelope and original not to be submitted manually)
NOTE:-

(A) Bidders participating in online tenders shall check the validity of his/her Digital
Signature Certificate before participating in the online Tenders at the portal
https://etenders.hry.nic.in.

(B) For help manual please refer to the ‘Home Page’ of the e-tendering website at
https://etenders.hry.nic.in, and click on the available link ‘How to...?’ to download the
file.

In the first instance, the online payment details of tender document fee+e-Service and EMD &
PQQ/Technical Envelope shall be opened. Henceforth financial bid quoted against each of the
item by the shortlisted bidder/ Agency wherever required shall be opened online in the presence
HARYANA RAIL INFRASTRUCTURE DEVELOPMENT CORPORATION LIMITED 9
of such bidders/ agency who either themselves or through their representatives choose to be
present.

The bidder can submit online their bids as per the dates mentioned in the schedule/Key Dates
above.

Instruction to Contractor on Electronic Tendering (Applicable only for contract(s)


amounting to more than Rs.5.00 lacs)

These conditions will over-rule the conditions stated in the tender documents, wherever
relevant and applicable.

Other Information:

1. The intending Contractors shall fill in the item rate in the online BOQ templates of the
tender.
2. Duly accepted power of Attorney in original along with its two certified copies in the
name of tenderer or authorized representative to act on behalf of the agency.
3. Bidder must strictly abide by the stipulations set forth in detailed notice inviting tenders
while tendering for the work.
4. In case any tender does not comply with procedure given in the DNIT, it will be
presumed that the contractor is not interested in work and the work shall not be let out to
him. Further he may be de-barred without further notice to him for failing to abide by the
approved terms of detailed notice inviting tenders for this work.
5. The tenders which are not accompanied by the earnest money or do not strictly follow the
technical requirement, are liable to be rejected summarily without arising any reason and
no claim what so ever on their account will be considered.
6. Tenders quotations which are dependent upon the quotations of another tender shall be
summarily rejected.
7. Steel reinforcement bars are to be arranged by the contractor of approved quality.

DGM (Project),
HRIDC,
Chandigarh.
Phone: 0172-2715644
Email: hridc2017@gmail.com

HARYANA RAIL INFRASTRUCTURE DEVELOPMENT CORPORATION LIMITED 10


SECTION II: FORM OF BID

HARYANA RAIL INFRASTRUCTURE DEVELOPMENT CORPORATION LIMITED 11


Form of Bid

To,
Managing Director,
Haryana Rail Infrastructure Development Corporation Limited,
SCO 17-19, 3rd Floor,Sec-17A,
Chandigarh
E-mail: hridc2017@gmail.com

Dear Sir,

I/We, ____________________________ (Name and address of the tenderer) have read the
various terms and conditions of the Tender documents attached here with duly signed by me/us
and agree to abide by the same. I/We also agree to keep this bid open for acceptance for a period
of 90 days from the date fixed for opening the same and on default thereof our Earnest Money
(Bid Security) is liable to be forfeited.

I/We hereby declare that we have visited the site of the work and have made ourselves fully
conversant of the conditions therein and including the topography of area, soil strata at site of
work, sources and availability of construction materials, rates of construction materials, water,
electricity, all local taxes, royalties, octroi etc., availability of local labour (both skilled and
unskilled), relevant labour rates and labour laws, the existing road and approaches to the site of
work, requirements for further service roads/approaches to be constructed by me / us, the
availability and rates of private land etc. that may be required by me / us for various purposes,
climatic conditions, law and order situation and availability of working days.

I/We have quoted our rates for various items in the Bill of Quantities taking into account all the
above factors and We offer to do the work
“_____________________________________________” (Name of the work) at the rates quoted
in the attached Bill of Quantities and hereby bind ourselves to complete the work in all respects
within time schedule depicted in bid documents from the date of issue of letter of acceptance of
bid.

A sum of .____________ (Rupees _________________) (amount of Earnest Money


Deposit)has been deposited as Bid Security. I/We understand that the full value of the Bid
Security shall stand forfeited without prejudice to any other rights and remedies available to
HARYANA RAIL INFRASTRUCTURE DEVELOPMENT CORPORATION LIMITED in
case our bid is accepted and if:-

i) I/We do not execute the Contract Agreement within time period specified in the bid
documents.

ii) I/We do not commence the work as soon as is reasonably possible after the receipt of the
Letter of Acceptance or elsewhere stated in the Contract documents.

HARYANA RAIL INFRASTRUCTURE DEVELOPMENT CORPORATION LIMITED 12


I/We also understand that until a formal Contract Agreement is executed, Letter of Acceptance
along with all bid documents shall constitute a binding contract between me/us and Haryana Rail
Infrastructure Development Corporation Limited.

Our bank account no. for the purpose of refund of EMD is ……………. (Account no./ name of
the A/c holder, other details of NEFT/RTGS).

Thanking you,

Yours Faithfully,

Signature_____________ in capacity of____________ duly authorized to sign bids for and on


behalf of:

_________________________________________________________ (In Block capital letters)

Date this________day of __________ 2020.

HARYANA RAIL INFRASTRUCTURE DEVELOPMENT CORPORATION LIMITED 13


SECTION III: INSTRUCTIONS TO BIDDER

HARYANA RAIL INFRASTRUCTURE DEVELOPMENT CORPORATION LIMITED 14


Instructions to Bidders

A. General

1)GENERAL
i. Name of the Work: As indicated in ‘Appendix to Tender’.

ii. “A bidder in the capacity of Individual or Sole Proprietor, Partnership Firm orCompany
can participate in the tender and forward attested copies of the constitution of its firm such
as Partnership Deed, Memorandum & Articles ofAssociation, etc. along with original
Power of Attorney of authorised signatory”.

iii. The work is proposed to be executed under the following relationship:

a) Client/Employer: HARYANA RAIL INFRASTRUCTURE


DEVELOPMENT CORPORATIONLIMITED address as given in ‘Appendix
to Tender’.
b) Consultant: The successful Bidder to whom the work is awarded shallbecome
the Consultant for the execution of this work.
c) Engineer or Engineer -in- Charge: Means the Project Head ofHARYANA
RAIL INFRASTRUCTURE DEVELOPMENT CORPORATION LIMITED
(Employer) or any other officer authorized by the Employer to act on his behalf
and for the purpose of operating the contract.
d) Engineer's Representative: Means any official nominated from time totime
by the Engineer to act on his behalf.
e) Contract: Means a signed Agreement between the successful bidderand the
Client.

iv. Joint Ventures (JVs) are not allowed to participate.

v. Throughout these bidding documents, the terms “bid” and “tender” and their derivatives
(“bidder”/ “Bidder”),“bid/tendered”, “bidding”/ “tendering”, etc.) are synonymous. Day
means calendar day. Singular also means plural.

vi. Scope of Work:

a) The scope of work/contract described in “Terms of Reference of Section-VI” in


detail. Any other incidental / ancillary Works required in connection with
completion of the above as directed by HRIDC/Engineer.

b) Approximate Estimated cost of the work is as indicated in the ‘Appendix to


Tender.’

c) A bidder shall submit only one bid in the capacity of an Individual or Sole
Proprietor, Partnership firm or a Company. Violation of this condition is liable to

HARYANA RAIL INFRASTRUCTURE DEVELOPMENT CORPORATION LIMITED 15


disqualify the tenders in which such bidder has participated and EMD of all such
Bidders shall stand forfeited.

2) Cost of bidding

The bidder shall bear all costs associated with the preparation andsubmission of the
bid and the Employer will in no case be responsible or liable for these costs
regardless of the conduct or the outcome of the bidding process.

B. The Bidding Documents

Any Bid not conforming to the prescribed format is liable to be declared non-responsive.

3) Content of bidding document

i. The bidding documents include the following:


a) Notice Inviting Tender
b) Form of Bid
c) Instructions to Bidders
d) Appendix to Bid
e) Special Conditions of Contract
f) Terms of reference (TOR)
g) Certificate of Familiarization
h) Schedule of Quantities/ Bill of Quantities
i) General Conditions of Contract (GCC)

ii. The bidder is expected to examine all instructions, terms, conditions, forms,
specifications and other information in the bidding documents.Failure to furnish all
information required by the bidding documents orsubmission of a bid not
substantially responsive to the bidding documents in every respect will be at the
bidders' risk and may result in rejection of his bid.

4) Understanding and Amendment of Tender Documents

i. The bidder must obtain for itself on its own responsibility and its own cost all the
information including risks, contingencies & other circumstances in execution of the
work. It shall also carefully read and understand all its obligations & liabilities given in
tender documents.

ii. The bidder is advised to visit and examine the site where the work is to be executed
and its surroundings or other areas as deemed fit by the bidder and obtain for itself on
its own responsibility all information that may be necessary for preparing the bid and
execution of the contract. The cost of visiting the site and collecting relevant data shall
be at the bidder’s own expenses. It is a condition of the tender that the Bidder is
deemed to have visited the site and satisfied him-self with all the conditions prevailing
including any difficulties for executing the work.

HARYANA RAIL INFRASTRUCTURE DEVELOPMENT CORPORATION LIMITED 16


iii. At any time prior to the deadline for submission of bids, Employer may for any reason
whether at its own initiative or in response to any request by any prospective bidder
amend the bidding documents by issuing Corrigendum, which shall be part of the
Tender documents. The amendment shall be advised to all the prospective bidders.

iv. Employer may at its discretion extend the deadline for submission of the bids at any
time before the time of submission of the bids.

C. Preparation of Bid

5) Language of Bid

i. The bid prepared by the bidder and all documents related to the bid shall be written in
English.

6) Signing of All Bid papers and Completing Bill of Quantities

i. All the pages of the tender documents, drawings and Bill of Quantities uploaded by
tenderer shall be deemed to have been signed by the tenderer.

ii. The tenderer must fill and submit the prices as per instructions given in Bill of
Quantities. The requisite details should be filled in by the tenderer wherever required
in the documents. Incomplete tender or tender not submitted as per instructions is
liable to be rejected. Check list for the documents required to be submitted online
given in Annexure- II must be uploaded not later than the prescribed date and time for
bid submission.

7) Deviations

i. The bidder should clearly read and understand all the terms and condition,
specifications, drawings, etc. mentioned in the original tender documents.
Any deviation submitted by the Bidder shall not be accepted.

8) Earnest Money

i. The bidder must furnish the Earnest Money as indicated in ’Appendix to Tender’ for
the work as specified failing which the tender shall be summarily rejected. The Earnest
Money has to be deposited online as mentioned in DNIT.

ii. Forfeiture of Earnest Money:


a) The Earnest Money of the Bidder shall be forfeited if he withdraws his tender
during the period of tender validity specified in the “Appendix to Tender”

HARYANA RAIL INFRASTRUCTURE DEVELOPMENT CORPORATION LIMITED 17


b) The Earnest Money of the successful Bidder is liable to be forfeited if he fails
to;sign the Contract Agreement in accordance with the terms of the tender, or
I. furnish Performance Guarantee in accordance with the terms of the tender, or
II. In Case of forfeiture of EMD, the Bidder shall be debarred from bidding in case
of re-invitation of the tenders.

i. Return of Earnest Money


a) The Earnest Money of the unsuccessful Bidders in the form of FDR shall be
discharged and returned as promptly as possible and the Earnest Money in the
form of DD/ Pay order/ NEFT or RTGS shall be directly credited to his bank
account through Electronic Fund Transfer, under advice to the bidder.
b) The Earnest Money Deposit of the successful Bidder shall be retained towards
retention money and further deduction of retention money from the bills shall
commence after adjusting this EMD amount.

ii. Period of validity of tender

a) The Tender shall remain valid for the period indicated in “Appendix to
Tender” after the date of the opening of the tender. If the Bidder gives validity
period less than that fixed/prescribed by Employer, the tender shall be liable to
be rejected.

b) Notwithstanding the above clause, Employer may solicit the Bidders’ consent
to an extension of the validity period of the tender. The request and the
response shall be made in writing.

D. Submission of Bids

9) Deadline for submission of Tender

i. The tender duly filled must be uploaded online not later than the date and time
mentioned in the “Notice Inviting Tender”.
ii. Submission of a tender by a tenderer implies that he had read all the tender documents
including amendments if any, visited the site and has made himself aware of the scope
and specifications of the work to be done, local conditions and other factors having any
bearing on the execution of the work.

iii. Submission of tenders


a) All documents/ forms/ instructions/ specifications etc. listed in this Instruction to
Tenderers and those attached as per the Annexure II are deemed to be a part of the bid/
tender and accepted by the bidder.
b) In case of any ambiguity, HRIDC will be free to seek confirmation of information
from the issuer of the document.

HARYANA RAIL INFRASTRUCTURE DEVELOPMENT CORPORATION LIMITED 18


E. Bid Opening and Evaluation

10) Opening of Tender


i. Tenders will be opened at the address mentioned in “Notice Inviting Tender” in
presence of Bidders or authorized representatives of Bidders who wish to attend the
opening of tenders. Physical presence during bid opening is optional.
ii. Bidders or their authorized representatives who are present shall sign register in
evidence of their attendance.
iii. Bidder’s name, presence or absence of requisite Earnest Money, total cost of work
quoted or any other details as Employer may consider appropriate will be displayed
with list to all participating bidders after bid opening.

11) Clarification of the Tenders


i. To assist the examination, evaluation and comparison of the tenders, Employer may at
his discretion ask the Bidders for any clarifications as considered essential. All such
correspondence shall be in writing and no change in price or substance of the tender
shall be sought or permitted. The above clarification for submission of the details shall
form part of the tender and shall be binding on Bidder.

12) Preliminary examination of bids


i. The Employer shall examine the bids to determine whether they are complete, whether
copy of all the relevant documents have beenuploaded and generally they are in order.
ii. Prior to the detailed evaluation, Employer shall determine whether each bid is of
acceptable quality, is generally complete and is substantially responsive to the bidding
documents. For purposes of this determination, a substantially responsive bid is one
that conforms to all the terms, conditions and specifications of the bidding documents
without material deviations, objections, conditionality or reservation. A material
deviation, objections, conditionality or reservation is one;
a) That affects in any substantial way the scope, quality or performance of the
contract.
b) That limits in any substantial way, inconsistent with the bidding documents, the
Employers’ rights or the successful Bidder’s obligations under the contracts; or
c) Whose rectification would unfairly affect the competitive position of other Bidders
who are presenting substantially responsive bids.

iii. If a bid not substantially responsive, it shall be rejected by the Employer.

iv. In case of tenders containing any conditions or deviations or reservations about


contents of tender document, Employer may ask for withdrawal of such
conditions/deviations/reservations. If the Bidder does not withdraw such
conditions/deviations/ reservations, the tender shall be treated as non-responsive.
Employer’s decision regarding responsiveness or non-responsiveness of a tender shall
be final and binding.

13) Evaluation and Comparison of tenders:

HARYANA RAIL INFRASTRUCTURE DEVELOPMENT CORPORATION LIMITED 19


i. In case of open tenders, bids, which are determined as substantially responsive, shall
be evaluated based on criteria as given in Annexure-III. The Bidder must submit all
necessary authentic data with necessary supporting certificates of the various items of
evaluation criteria failing which his tender is liable to be rejected.

ii. The Schedule of Items and Quantities of the above tender comprises of schedule/
BOQ. Bidder may quote his rates for all the items in the schedule. The tender will be
evaluated on the basis of quoted rates/cost for all items in schedule, for which it is
necessary that the Bidder quotes his rates for all the items contained in each schedule.
Thus the tender will be decided as per the cost received for schedule/items
(Equipment) and it may happen that the total supplies covered under this tender are
awarded to different Bidders on the basis of their quoted cost for each schedule/items
(equipment). HRIDC’s decision in all such matters shall be final and binding on all the
Bidders.

iii. The Employer/Engineer reserves the right to negotiate the offer submitted by the
Bidder to withdraw certain conditions or to bring down the rates to a reasonable level.
The Bidder must note that during negotiations of rates of items of BOQ can only be
reduced and not increased by the Bidder. In case the Bidder introduces any new
condition or increases rates of any item of BOQ, his negotiated offer is liable to be
rejected and the original offer shall remain valid and binding on him.

14) Canvassing:
i. No Bidder is permitted to canvass to Employer on any matter relating to this tender.
Any Bidder found doing so may be disqualified and his bid may be rejected.

15) Right to accept any tender or reject all tenders:


i. Employer/Engineer reserves the right to accept, split, divide, negotiate, cancel or reject
any tender or to annul and reject all tenders at any time prior to the award of the
contract without incurring any liability to the affected Bidders or any obligation to
inform affected Bidder, the grounds of such action.
16) If the Bidder, as individual or as a partner of partnership firm, expires after the
submission of his tender but before award of work, the Employer/Engineer shall deem
such tender as invalid.

17) Award of Contract


i. Employer/Engineer shall notify the successful Bidder in writing by a Registered
Letter/Courier/ Speed Post/ E-mail or per bearer that his tender has been accepted.
ii. Letter of Acceptance after it is signed by the Consultant in token of his acceptance
shall constitute a legal and binding contract between Employer/Engineer and the
Consultant till such time the contract agreement is signed.

18) Ineligibility to participate in re-tenders/ future cases


Notwithstanding anything contained in the Qualification Clauses of ITT, if a bidder
withdraws from an offer after having been declared a preferred bidder or after
notification of Award or does not sign the Contract Agreement pursuant to the Letter
of Acceptance or does not submit an acceptable performance security which results in
HARYANA RAIL INFRASTRUCTURE DEVELOPMENT CORPORATION LIMITED 20
tender being annulled then such bidder shall be treated as ineligible for participation in
re-tendering of this particular work and also for any other work for a period of 6
months. A repeat incident of similar type within a period of 2 (two) years will render
the bidder ineligible for participation in all future tenders for a further period of 2 (two)
years.

19) Declaration of non – performance or ban status


Bidders are not eligible to participate in the tender process under the following
conditions:
i. They have been declared a non-performer by Central Government/ State Government
or a CPSU during the preceding 2 years.

ii. They are currently debarred from contract work by Central or State Government or a
CPSU.

Accordingly, Bidders are required to sign an Affidavit as per the enclosed pro-forma
in Annexure-I, declaring their status of non-performance or debarment.

20) Details of disputed status of ban/non-performance


Bidders will clearly state the status of dispute in the cases of ban/ non-performance
pending in courts against them as on the date of opening of tender. Merely, pending
appeal with the Departments concerned and Courts will not merit change of status.
Grant of stay order by a Competent Court will be taken into account while considering
the status of ban/ non-performance.

i. Bidder to be fully responsible for the consequences of misrepresentation

a) Any suppression of information and misrepresentation will render the Bidder


ineligible for the tender along with the forfeiture of Earnest Money. The Bidder
will also be liable for disqualification for future tenders of HRIDC for a period of 2
years.

b) If any suppression of information and misrepresentation is found after the award of


Contract, the Contract may be terminated with forfeiture of EMD and SD (if any).
The Consultant will also be disqualified for future tenders of HRIDC for a period
of 2 years.

HARYANA RAIL INFRASTRUCTURE DEVELOPMENT CORPORATION LIMITED 21


Annexure-'I'

(Ref. Clause 19.of Instructions to bidders)

FORMAT
AFFIDAVIT*

1. I/we, the undersigned, do hereby certify that all the statements made in the enclosed
attachments are true and correct.

2. The undersigned also hereby certifies that

i. Neither our firm M/s _____________________ have abandoned any work awarded to us
by any Authority / Department of Government of India or Govt. of Haryana or CPSU or
any multi-laterally funded project work nor any contract awarded to us for such works
have been rescinded, during the last 2 years prior to the date of this bid.

or
The details of contracts awarded to us by the Authorities / Departments of Government of
India, Govt. of Haryana, CPSUs and the multi-laterally funded projects which have been
abandoned / rescinded during the last 2 years prior to the date of this bid and the reasons
there for are enclosed**.

ii. We have not been declared a non-performer by any Authority / Department of Government
of India or Govt. of Haryana or a CPSU or a multi-laterally funded agency during the last 2
years prior to the date of this bid.

iii. We are not debarred for any contract work by any Authority / Department of Government
of India Govt. of Haryana or CPSU or a multi-laterally funded agency.

Or

1. We were debarred for contract work by __________ for a period of _____ and the
debarred period is already over. ***

2. We have no objection to HRIDC requesting to any bank, person, firm or body and any
such agency furnishing pertinent information as deemed necessary or to verify this
statement or regarding our competence and general reputation.

3. We understand that further qualifying information may be requested by HRIDC and we


agree to furnish any such information at the request of HRIDC within the prescribed time.
4. We find ourselves with all the stipulations of the Bidding Document including period of
completion, provision of adequate equipment, personnel and other resources required for
completion within the stipulated completion period and agree to augment any resources, if
found necessary for timely completion of the project, as desired by the HRIDC.

5. We have read and understood all the provisions included in the bid documents and
abide by them.
HARYANA RAIL INFRASTRUCTURE DEVELOPMENT CORPORATION LIMITED 22
6. The information furnished by us is correct and we understand the consequences in case
any of the information furnished is not found to be true.

(Signed by the Authorized Representative of the Firm)

Name of the Authorized Representative.

Name of the Firm.

Dated:

---------------------------------------------------------

* To be executed on a non-judicial stamp paper of Rs.100/-.

** If no details are attached, it will be presumed that there is no rescission of any contract in
the relevant two years. A wilful suppression of information mayresult in termination
of Contract and debarring for two years.

*** Disputes pending with courts may be listed along with their status.
All reference dates are to be reckoned from the date of opening of tender.

HARYANA RAIL INFRASTRUCTURE DEVELOPMENT CORPORATION LIMITED 23


Annexure-'II'

CHECK LIST FOR LIST OF DOCUMENTS duly page numbered, signed, stamped
byauthorised signatory of the firm with the tender and submit at the address specified in the
“Notice Inviting Tender” not later than the prescribed date and time for bid submission:

1. Forwarding letter of the Bidder.


2. Form of Bid.
3. Details of similar works completed in last 3 years (Format-1)
4. Annual Turnover for the last three years with supporting documents (Format - 2)
5. Programme for deployment of key personnel (Format - 3).
6. Attested copies of the constitution of its firm such as Partnership deed (in case of
partnership company), Memorandum of Articles of Association, etc..
7. Sales Tax/Works Contract Tax Registration Certificate, Service Tax -Registration
Certificate (as applicable).
8. ISO 9001-2008 certificate, if any.
9. Banker’s Solvency Certificate.
10. Schedule of start and completion of work in the form of Bar Chart.
11. Methodology for execution of works.
12. Programme for Quality assurance during execution of work
13. Month wise Cash flow requirements.
14. Proof of transaction towards payment of Earnest Money through NEFT or RTGS and
copy of Earnest Money Deposit of requisite amount in the prescribed form.
15. Original Power of Attorney duly attested by Notary Public of the in favour of the person
signing the tender documents or photocopy duly attested by Notary Public or a
Resolution of Board of Directors authorizing the person to deal with tenders/this tender
case.
16. Banker’s Details (Name of the Bank and Branch), along with bidders own bank details
(Account no., Name of Account holder, NEFT/RTGS details)
17. Affidavit (as per format given in annexure-I)
18. Any other details sought through ITB.

HARYANA RAIL INFRASTRUCTURE DEVELOPMENT CORPORATION LIMITED 24


Annexure-'III'

Criteria for Evaluation of tenders


A. Essential Qualifying Criteria

1. As a proof of technical experience/competence, the tenderer should have successfully


completed at least one similar single work for a minimum value of 35% of advertised
tender value, in last Three Financial Years (i.e. Current year and Three Previous
Years) up to the date of opening of the tender.”

2. As a proof of sufficient financial capacity and organizational resources, contractor


should have received the total payments against satisfactory execution of all
completed/ongoing works of all types (not confined to only similar works) during the
last three financial years and in the current financial year (upto the date of opening of
the tender) of a value not less than 150% of the advertised cost of work.
Note:
a) The similar nature of work is defined as under:-

Development of alignment of any project(Road/Railway) involving tunnel of length


1.0 Km or above including geological mapping, geophysical survey, Detailed design
and cost estimate. Besides above, the tenderer should have past experience of
conducting Geo Technical investigation in hilly area for tunnelling work of atleast
1.0 Km or they/he should submit MOU with the firm having experience of Geo
technical investigation in hilly area for tunnelling work of atleast 1.0 Km, while
submitting their/ his offer.

The above work, if executed as part of any other work, will also be considered
eligible.

b) The financial turnover shall be judged from ITCC or Annual Reports including Profit
and Loss Account.

c) The Contractor should have positive net worth. This will be judged from the audited
Balance Sheet of the last financial year ending on a date not prior to 18 months from
the due date of submission of the tender.

d) The contractor should submit performance certificates, in reference to S.No.1 above


from clients (Govt. /Semi Govt./Public Sector/ Public listed company) for having
successfully completed similar works in the last 3 financial years & the current
financial year.

e) Joint ventures shall not be considered.

f) Tenderer has to satisfy the eligibility criteria for technical capability and competence
as well as for financial capacity and organizational resources.

HARYANA RAIL INFRASTRUCTURE DEVELOPMENT CORPORATION LIMITED 25


3. REQUIREMENT OF SKILLED AND TRAINED MANPOWER INCLUDING
ENGINEERS AND TECHNICAL STAFF
Minimum Maximum
S. Total Experience for
Personnel Qualification number Marks
No. each person (in years)
required (Total 100)
20 (including 10 years
1 Team Leader B.Tech. 1 in Indian Railways, its 20
PSUs/ Metro Railways)
10(including experience
Design Expert of alignment design of
2 M Tech (Structures) 1 15
(Civil Engineering) any tunnel of length 1
KM or above)
5(including experience
B.Tech in Civil of alignment design of
3 Alignment Expert 1 15
Engineering any tunnel of length 1
KM or above)
Geo Technical M. Tech in Geo
4 1 5(in the relevant field) 10
Expert Tech
5 Geological Expert M Sc in Geology 1 5(in the relevant field) 10
6 Electrical Expert B.Tech 1 5 (in the relevant field) 10
7 Survey Engineer Diploma 1 5 5
8 Auto CAD Experts Diploma 1 5 5
Diploma in Civil
9 Site Engineers 2 5 5x2=10
Engineering
Total Technical Score (ST) out of Max. 100 Marks=
Sum total of marks obtained against S.No 1 to 9 above

Note:
i. Bidders must enclose Name, date of birth and complete testimonials of the experts
proposed to be deployed on the project.
ii. Marks shall be awarded as per the relevance of experience with each of the experts.
Discretion of HRIDC in evaluating the experts cannot be challenged.
iii. Proportionate marks may be awarded in case of experts falling short in relevant
experience.
iv. Persons with the approved CV will have to be mobilized to carry out the work
totalling up to the time period mentioned against each position.
v. Some experts may continue till the execution of works start in the field and relevant
records of control of alignment, utility survey, etc. have been handed over to the
Contactors. The terms of their engagement can be negotiated in case required.

B. Short-listing of Applicants

i. The contractors should pass in all items of “Essential Qualifying Criteria”. In case of
the bidder not meeting the Essential qualifying criteria, no further evaluation of the
bid will be carried out and the bidder will be disqualified.

ii. The tenderers will have to show the availability of adequate trained manpower as per
A3 above (To be filled by Tenderer in Format 1,2 & 3).

HARYANA RAIL INFRASTRUCTURE DEVELOPMENT CORPORATION LIMITED 26


iii. Tenderer(s) may please note that their offers will be evaluated as per the
credentials/documents attached by the tenderer(s) along with the Tender. Of the
Applicants ranked as aforesaid, not more than five shall be pre-qualified and short-
listed for financial evaluation in the second stage. However, if the number of such
pre-qualified Applicants is less than two, HRIDC may, in its sole discretion, pre-
qualify the Applicant(s) whose Technical Score is less than 75 marks; provided that
in such an event, the total number of pre-qualified and short-listed Applicants shall
not exceed two.

C. Evaluation of Financial Proposal

i. Subject to the discretion of HRIDC, the Financial Proposals of those Applicants


whose Technical Proposals score less than 75 marks shall be returned un-opened to
the Applicants.

ii. In the second stage, the financial evaluation will be carried out as per Clause D.
Each Financial Proposal will be as stamped and signed a financial score (SF).

iii. For financial evaluation, the total cost indicated in the Financial Proposal (Quoted
Price in BOQ) will be taken inclusive of Service Tax etc.

iv. HRIDC will determine whether the Financial Proposals are complete, unqualified
and unconditional. The cost indicated in the Financial Proposal shall be deemed as
final and reflecting the total cost of services. Omissions, if any, in costing any item
shall not entitle the firm to be compensated and the liability to fulfill its obligations
as per the TOR within the total quoted price shall be that of the Consultant. The
lowest financial proposal (FM) will be given a financial score (SF) of 100 marks.
The financial scores of other proposals will be computed as follows:

SF = 100 x FM/F where


F = amount of Financial Proposal

D. Combined and Final Evaluation

i. The composite score of a bidder which shall be the deciding factor in award of the
work shall be worked out as under:

Composite Score of a bidder = (St x 0.70) + (Sf x 0.30)

Where, St & Sf are the technical and financial scores of a bidder respectively.

ii. Bidder with the highest composite score shall be considered for the award of work.
In case, bidders have same composite score then the bidder who has highest
technical score (St) shall be considered for award of work. Further, in case
technical score are also same then the bidder who has executed more eligible
assignments shall be considered for the award of work.

HARYANA RAIL INFRASTRUCTURE DEVELOPMENT CORPORATION LIMITED 27


FORMAT-1
(Ref. Sr. No. 3 of Annexure-II to Instruction to bidders)
DETAILS OF SIMILAR WORKS COMPLETED IN LAST THREE YEARS

Penalty Any
Name and Date of Value of Reasons ,if any, Remarks
address of Contract award Stipulated Date of completed for imposed other
S. Description the No. and of date of actual work (In delays, for relevant
No. of the Work Employer date work completion completion Lacs of Rs.) if any delay information

1
2
3
4
5
6

Note:

1. Please attach copies of the certificates issued by the Client.


2. Only those works shall be considered for evaluation for which copies of the
certificates issued by the client are attached.

HARYANA RAIL INFRASTRUCTURE DEVELOPMENT CORPORATION LIMITED 28


FORMAT-2
(Ref. Sr. No. 4 of Annexure-II to Instruction to bidders)

ANNUAL TURNOVERS FOR THE LAST THREE YEARS

Turnover from Civil Turnover from all


S.No.
Year Engineering works (In sources (In lacs of Remarks
lacs of Rs.) Rs.)

1
2
3

Note:

• Please attach certified/attested copies of the latest ITCC and/or Profit and Loss
Account statement to support the information furnished.

• Certified copy of Chartered Accountant showing turn-over of Last three financial


years and in the current financial year (upto date of opening of tender).

HARYANA RAIL INFRASTRUCTURE DEVELOPMENT CORPORATION LIMITED 29


FORMAT-3
(Ref. Sr. No. 5 of Annexure-II to Instruction to bidders)

PROGRAMME FOR DEPLOYMENT OF MAN POWER ALONGWITH BIO-


DATA OF KEY PERSONNELS.

S.No. Name Qualification Designation Total Experience Programme for


(in years) deployment

HARYANA RAIL INFRASTRUCTURE DEVELOPMENT CORPORATION LIMITED 30


SECTION IV: APPENDIX TO BID

HARYANA RAIL INFRASTRUCTURE DEVELOPMENT CORPORATION LIMITED 31


Appendix to Bid
Description Reference Clause
“Detailed Design, Geological Mapping, Geo Technical
Investigations, and other ancillary works in connection
1.i of
with construction of Tunnel and its approaches in
Instructions to Bidders
Sohna-Manesar Section of ‘Haryana Orbital Rail
Corridor’ Project in the state of Haryana.”
Client:-
Haryana Rail Infrastructure Development Corporation
1.iii(a) of
Limited,
Instructions to Bidders
SCO 17-19, 3rd Floor, Sector-17, Chandigarh

Scope of Work:- 1.vi of


Scope of work consists of as per Terms of Reference Instructions
(TOR/Technical Specifications) to Bidders

Approximate Estimated Cost of the Work:- 1.vi (b)of


Rs. 1.09Cr Instructions to Bidders

Amount of Earnest Money 8.i of


Rs. 2,04,500/- Instructions to Bidders

Period of Validity of Bid:- 9.i of


90 days. Instructions to Bidders

Period of Completion:- 8.0 of


120 days Special Conditions of Contract

Defect Liability Period:- 9.0 of


Nil Special Conditions of Contract

HARYANA RAIL INFRASTRUCTURE DEVELOPMENT CORPORATION LIMITED 32


SECTION V: SPECIAL CONDITIONS OF CONTRACT

HARYANA RAIL INFRASTRUCTURE DEVELOPMENT CORPORATION LIMITED 33


Special Conditions of Contract

1. ORDER OF PRIORITY OF CONTRACT DOCUMENTS:


Where there is any conflict between the various documents in the contract, the following
order of priority shall be followed i.e. a document appearing earlier shall override the
document appearing subsequently:
1.1. Agreement
1.2. Letter of Acceptance
1.3. Notice Inviting Bid
1.4. Instructions to the Bidders
1.5. Appendix to Bid
1.6. Form of Bid
1.7. Special Conditions of the Contract
1.8. General Conditions of Contract
1.9. Terms of Reference (TOR)/ Technical Specifications
1.10. Relevant codes and Standards
1.11. Bill of Quantities (BOQ)

2. MOBILISATION ADVANCE:

No mobilization advance shall be paid to Consultant.

3. SUPPLY OF MATERIALS

Consultant shall make his own arrangements at his cost for all materials required for
execution, completion and maintenance of all items of work included in his scope of
work to the complete satisfaction of the Engineer. Engineer shall not supply any materials
nor shall assist for procurement of any materials required for execution, completion and
maintenance of works.

4. SUPPLY OF PLANT AND MACHINERY BY EMPLOYER/ENGINEER

Consultant shall make his own arrangements at his cost for all Plant and Machinery
required for execution, completion and maintenance of all items of work included in his
scope of work to the complete satisfaction of the Engineer. Engineer shall neither supply
any Plant and Machinery nor assist for procurement of any Plant and Machinery required
for execution, completion and maintenance of works.

5. LABORATORY AND TESING FACILITIES OF SAMPLES

The laboratory tests on samples shall be done through national reputed agency approved
by HRIDC.

The Consultant shall have to arrange for all field / lab tests at his own cost for carrying
out all the tests required, as per Specifications or as stated elsewhere in the contract,
including supply of laboratory equipment and also provision of adequate number of

HARYANA RAIL INFRASTRUCTURE DEVELOPMENT CORPORATION LIMITED 34


qualified personnel, erection, maintenance and running of laboratory including all
consumable like chemicals and reagents.

6. SALES TAX ON WORKS CONTRACT /GST as applicable

i. The Consultant shall get registered with the concerned Sales Tax Department of
the relevant state(s) of the project and submit a copy of the same to the
Employer/Engineer. He shall be responsible for filing sales tax returns and
assessments, as necessary as per prevalent Laws, Rules and Regulations and shall
also furnish necessary certificates to Employer/Engineer from time to time.
ii. Employer/Engineer intends to register with the Sales Tax Department under the
Composition Scheme and shall be responsible for depositing of Sales Tax on
works contract leviable on this project. The Consultants need not consider Sales
Tax liability on works Contract while quoting their rates. The Consultant may
arrange necessary TDS exemption certificate from Sales tax/Commercial
tax/Trade tax authorities for exemption from deduction of tax at source. Till the
TDS exemption certificate is submitted by the Consultant, the Engineer will
continue to deduct the Sales tax at source from the payments due to the
Consultant and deposit the same with Sales Tax Department. If requested, the
Employer/Engineer shall issue necessary certificate in this regard.
iii. Wherever certain exemptions/benefits are available on custom duty, excise duty,
service tax, Sales tax, works contract tax etc., the Consultant shall consider the
same while quoting his rates. For instance, materials/ Plant and Machinery etc.
used for execution of the projects financed by International organizations enjoy
exemption from custom duty and/or excise duty on fulfilling the conditions as per
Govt. notifications. Similarly the Consultant shall ensure that whenever any
benefits are available under Sales tax/Works contract tax, Service tax, these shall
be considered while quoting the rates.
7. PRICE ADJUSTMENT

No price adjustment shall be applicable in this tender during the work period till
completion of the works.

8. COMPLETION PERIOD

The work is required to be completed within a period as specified in the Appendix to Bid
from the date of issue of letter of acceptance. The work shall be completed in phased
manner if specified in the Appendix to Bid.

The work has to be executed in co-ordination with other agencies working on or near the
project.

In case of any delay in the completion period, the extension of the same shall be dealt as
per the clause 49.0 of General Conditions of the contract.

HARYANA RAIL INFRASTRUCTURE DEVELOPMENT CORPORATION LIMITED 35


9. DEFECT LIABILITY PERIOD
Defect Liability Period has been specified in the Appendix to Bid.

10. INSURANCE
Clause 9.0 of GCC may be referred.

11. PERFORMANCE SECURITY:

Relevant clauses (clause 8.0) of General Conditions of Contract are applicable regarding
performance guarantee.

12. RETENTION MONEY:

Relevant clauses (clause 8.0) of General Conditions of Contract are applicable regarding
retention money.

13. COMPLETION PERIOD, WORK PROGRAMME SUBMISSION AND


COMMENCEMENT OF WORK AND DELAY & EXTENSION OF CONTRACT

a. The work is required to be completed within the period as mentioned in appendix


to bid from the date of issue of letterof acceptance.

b. Within 7(Seven) days of the issue of Letter of Award and before the work is
commenced; the Consultant shall have to submit a detailed programme for each
major element of the work, using the modern networking techniques for Project
monitoring, for approval of the Engineer. The construction programme will show
the general methods, arrangements, order and timing for all the significant
activities in the works identifying the critical path for the work clearly.
c. The agreement or the approval of the programme by the Engineer shall not
relieve the Consultant of any of his responsibilities to complete the whole works
by the prescribed time.
d. The Consultant shall submit to the Engineer, for approval, an updated Program,
whenever the Engineer may so direct, to take account of the actual progress of
the Contract Works so as to achieve completion either before the due date for
completion or by the due date for completion or as soon as practicable
thereafter. The Engineer may further require the Consultant to indicate the
means by which the programmed progress will be achieved. If the Consultant
does not submit an updated Programme within a reasonable period as indicated
by the Engineer, the Engineer may withhold the payment of next on account bill
until the overdue Programme has been submitted.
e. In case of any delay in the completion period, the extension of the same shall be
dealt as per clause 49 of General conditions of contract (GCC).
14. ACHIEVEMENT OF MILESTONE PROGRESS
In order to ensure progress during execution of the work, the Consultant will be expected
to achieve the following milestone targets ahead of dates mentioned against each. Failure
to accomplish milestone targets within allocated time frame, save for reasons accepted as

HARYANA RAIL INFRASTRUCTURE DEVELOPMENT CORPORATION LIMITED 36


valid by the Engineer-in-charge, shall create and constitute ground for failure on the part
of Consultant for maintaining progress of the work as per agreed programme sufficient
enough to recover liquidated damage @ Rs 10,000/- per day after the due date of each
mile stone, limited to amount as per GCC.

Milestone Time frame to


Description of mile stone to achieve
targets achieve Milestone
Submission of proposed alternate alignments on the basis of DTM, Approval of
Milestone 1 D+ 45 days
alignment, Geophysical Survey &Geological Mapping
Completion of physical and laboratory work in connection with Geo Technical
Milestone 2 D+ 75 days
Investigations.
Milestone 3 Geo Technical Investigation Report duly proof checked. D+ 85 days
Submission of Draft Design Report of all components of tunnel including
Milestone 4 D+ 95 days
drawings.
Milestone 5 Scrutiny and approval of Draft Detailed Design Report by HRIDC. D+100 days
Milestone 6 Completion of Final Location Survey D+ 100 days
Milestone 7 Submission of final design and drawings duly proof checked by NIT/IIT D+ 120 days

Note:

1) ‘D’ is the date of issue of Letter of Award by HRIDC to the Consultant.

2) The liquidity damages recovered under clause 14 of SCC and clause 49.6 of
GCC together would be limited to 10% of the contract value of the work.

15. CONTRACT AGREEMENT

The Consultant shall enter into and execute the Contract agreement in the form of
agreement (Annexure-V) within 28 days from the date of issue of Letter of Acceptance.
The stamp papers of the requisite value as per the prevailing laws shall be provided by
the Consultant at his own cost. Original agreement shall be retained by the
Employer/Engineer and a certified copy shall be made available to the Consultant.

16. IMPLEMENTATION OF QUALITY, SAFETY, HEALTH AND ENVIRONMENT


MANAGEMENT SYSTEM (REF. CLAUSE 44 OF GCC)

In reference to clause 44 of GCC, specification of Safety, health and Environment


specification has been attached, which shall be followed by the contract, during execution
of work.

17. POWERPOINT PRESENTATION BY CONSULTANT

The consultant shall make power point presentation of the project as and when
required/instructed before HRIDC, GoH and Railways to facilitate approval/ decision
thereof.

HARYANA RAIL INFRASTRUCTURE DEVELOPMENT CORPORATION LIMITED 37


ADDITIONAL SPECIAL CONDITIONS

18. PROPOSED GROUND INVESTIGATION

18.1. General

Ground Investigation is proposed to be carried out at each Portal & along the tunnel
alignment. In-situ and laboratory tests in soil strata, rock and ground water as tabulated in
Table 1 and Table 2shall be carried out as per relevant Indian Standard codes related to
Geotechnical Investigations.
Table 1: Summary of Proposed In-situ testing

GI Type Item Number of Tests


At every 1.5m interval for all
Field tests in
SPT Boreholes in soil and highly
Soil
weathered rock CR<20%
For all Boreholes, at all depths
Core Box Photographs
Field tests in when rock is met
Rock At all places where core is
Core Recovery & RQD (%)
recovered in rock

Table 2: Summary of Proposed Laboratory testing

Approximate
GI Type Item Sampling No. of Tests
Location
Atterberg Limits Disturbed samples
At all places
for the tests shall
Sieve analysis and Hydrometer where disturbed
be collected at all
analysis samples are
depths where SPT
collected
Laboratory Specific Gravity is carried out
Testing on Natural Moisture Content Undisturbed
Soil Dry & Bulk Density samples shall be Tests shall be
Triaxial Testing collected at every done on all UDS
(Unconsolidated Undrained) 3 m depth below sample collected
Direct Shear Box Testing filled up layer for for all Boreholes
Consolidation Test all Boreholes
Dry Density (kN/m3)
Specific gravity
Water absorption & Porosity Cores should be
One test per core
Laboratory (%) collected for all
in all boreholes
Testing on Natural moisture content boreholes where
where rock is met
Rock Uniaxial Compressive Strength rock is met
Point load strength index test
Tensile strength

HARYANA RAIL INFRASTRUCTURE DEVELOPMENT CORPORATION LIMITED 38


Approximate
GI Type Item Sampling No. of Tests
Location
Poisson’s ratio
Modulus of elasticity
CERCHAR Abrasivity Index
Triaxial testing
Petrography of the rock samples
pH
Chemical
Samples shall be
Testing on Chemicals such as Chloride One Test per
(ppm), Sulphate (ppm), collected within 30
soil & Borehole
Water Carbonate, Nitrate, Calcium, m depth from NGL
Magnesium etc.

19. FIELD INVESTIGATION

19.1. General Requirements


The following are the general requirements to be met while carrying out boring for field
investigation.
I. The reduced levels (RLs) at Borehole locations should also be determined with respect to
the single bench Mark (BM). Any deviation in Location or depth of borehole should be
specified indicating the reason for the deviation in the location.
II. The minimum diameter of the borehole should be 150 mm and boring should be carried
out in accordance with the provisions of IS: 1892 and as per this specification.
III. Casing pipe should be used in the boreholes to support its sides when a caving is
suspected to occur inside the borehole. When casing pipe is used, it should be ensured that
its bottom is always above the bottom level of the bore hole by a minimum of 15 cm. In
case of cohesion less soils the advancement of the casing pipe should be such that it does
not disturb the soil to be tested or sampled. The casing should be advanced by slowly
turning the casing pipe and not by driving.
IV. In-situ tests should be conducted, and undisturbed samples should be obtained at specified
intervals in the boreholes. Representative samples should be preserved for conducting
various tests in the laboratory. Water table in the borehole should be carefully recorded
and reported. No water/drilling mud should be added while boring above ground water
table. For cohesion less soil below water table, the water level in the borehole should
always be maintained sufficiently above the water table.
V. The borehole should be cleaned using suitable tools up to the depth of testing or sampling,
ensuring that there is minimum disturbance of the soil at the bottom of the borehole. The
process of jetting through an open tube sampler shall not be permitted.
VI. In cohesive soils, the borehole may be cleaned using a bailer with flap valve. Gentle
circulation of drilling fluid should be done when rotary mud circulation boring is adopted.
VII. On completion of the boreholes, the Contractor should backfill all the bore. It should be
back-filled using selected earth in order that the ground is restored to its original
condition.

HARYANA RAIL INFRASTRUCTURE DEVELOPMENT CORPORATION LIMITED 39


19.1.1. Borehole Termination Criterion

Borehole exploration shall be terminated at any of the depths below, whichever occurs
earlier.
I. Minimum depth of exploration should be 50 m.
II. Maximum depth of exploration should be 100m or till a competent stratum is reached.
a. In the case of soils, exploration has to be carried out till the depth of a competent
strata where SPT refusal i.e. N>100or penetration is less than 25mm for 50 blows
whichever is earlier is reached.
b. If a rock stratum is encountered the exploration shall be terminated 10 m into this
stratum, provided the stratum is found to be hard rock. The rock stratum is said to be
hard rock if it has a CR >70% and RQD>50%. The competency of the rock stratum at
the termination depth should be confirmed using this criterion. It is important to
ensure that boulders or layers of cemented soils are not mistaken for hard rock. This
necessitates core drilling to a depth of at least 3m into the hard rock in areas where
boulders are known to occur.
c. Where ever competent rock is not met, the borehole should be terminated at least 15
m (RQD<50%&>10%) and 30m (RQD<10%) into the weathered stratum.
19.1.2. Rotary Mud Circulation Boring
This method can be used in all types of soil below water table. In this method boring
should be done by rotating the bit fixed at the bottom of the drill rod. Proper care should
be taken to keep firm contact between the bit and the bottom of the borehole. Bentonite or
mud laden fluids should be used as the drilling fluid to serve as the protective surface
inside the borehole.
19.1.3. Rock Boring
If rock is encountered, Rotary type drilling machines should be used for boring. A wash
bore method of drilling should be used to advance the borehole creating a 100 mm
diameter hole through the superficial deposits to the top of the rock head. The borehole
will then be advanced through the rock generally using H size (76 mm core diameter).
The drilling system shall comprise of the use of minimum H-size double tube core-barrels
with surface set diamond core bit and water flush. Single core barrels will not be
permitted. Details of rock drilling data (Core recovery (CR), Rock Quality Designation
(RQD), water loss etc.,) along with the sampling details should be listed in the respective
bore logs.
19.2. In-Situ Testing
At all elevations, necessary in-situ tests appropriate to the soil nature should be performed
in order to ascertain the in-situ Engineering behaviour of soil strata. Those tests should
include but not limited to the list given in Table 1.

19.2.1. Standard Penetration Test


This test should be conducted in all types of soil deposits met within a bore hole to find
the variation in the soil stratification by correlating with the number of blows required for
unit penetration of a standard penetrometer. This test should be conducted at 1.5 m
intervals and every change of strata starting from 1.0 m below ground level. The
specifications for the equipment and other accessories, procedure for conducting the test
and collection of representative soil samples should conform to IS: 2131.

HARYANA RAIL INFRASTRUCTURE DEVELOPMENT CORPORATION LIMITED 40


The test shall be carried out by driving a standard split spoon sampler in the bore hole by
means of a 650N hammer having a free fall of 0.75 m. The sampler shall be driven to 450
mm recording the number of blows for every 150 mm. The number of blows required for
each 150 mm penetration should be recorded and furnished in the report. The number of
blows for last 300 mm drive shall be reported as N Value. The test shall be discontinued
when the blow count is equal to 100 or penetration is less than 25 mm for 50 blows
whichever is earlier. At location where test is discontinued the penetration and number of
blows shall be reported. Sufficient quantity of representative soil samples should be
collected from the split spoon sampler (attached to the SPT) for identification and
laboratory testing. The sample should be visually classified and recorded at the site and
should be properly preserved without loss of moisture content and labelled for future
identification.
Within the alluvial deposits alternate SPT and open driven undisturbed samples should be
carried out where possible, reducing to only SPTs where soil is too stiff to obtain
undisturbed samples without causing excessive disturbance. Within decomposed rock, if
encountered, SPT testing will be conducted when successive rotary runs proved abortive
due to poor recovery.

19.3. Sampling
Sufficient number of undisturbed and representative soil samples should be collected
depending upon the type of soil for reliable estimation of engineering properties of soil.
Representative soil samples should be collected for field identification and for conducting
the tests such as sieve analysis, index properties, specific gravity, chemical analysis, etc.
Undisturbed samples should be collected to estimate the physical strength and settlement
properties of the soil. All the accessories required for sampling and the method of
sampling should confirm to IS: 2132. All samples collected in the field should be
classified at the site as per IS: 1498.
All the samples should be identified with date, borehole number, depth of sampling etc. It
is also essential to mark an arrow pointing towards the top surface of the sample as the
soil was in-situ. Care should be taken to keep the core samples and box samples
vertically with the arrow directing upwards. The tube samples should be properly
trimmed at both ends and suitably capped and sealed with molten paraffin wax.
When the collection of undisturbed soil sample at a specified depth is not possible, the
reason for the same should be indicated in the bore log. In such a case, undisturbed
sampling may be replaced by any suitable field test such as SPT test to determine the in-
situ Engineering properties of the strata.
Precaution should be taken to ensure that the samples are not disturbed and no change in
moisture content takes place during handling, transportation and storing. They should be
placed in a temporary store at the end of the day’s work. Packing and transporting all the
samples from site to the laboratory should be as per IS 4078 within seven days after
sampling with proper protection against loss and damage.
19.3.1. Representative Samples
Representative soil samples should be collected in bore holes at regular intervals to
provide a complete description of soil profile and its variation. Samples should be
collected in boreholes at every identifiable change of strata to supplement the boring
records. Samples should be immediately stored in air tight jars/polythene bags and should
fill the jar/bag as far as possible. The same should be sealed properly to avoid any change
in moisture content.

HARYANA RAIL INFRASTRUCTURE DEVELOPMENT CORPORATION LIMITED 41


In elevated areas, if superficial material is available in plenty, then bulk samples from a
depth of about 0.5 m below ground level should be collected to establish all the required
properties to use it as a fill material. Representative samples weighing about 25 Kg
should be collected at shallow depths and immediately stored in polythene bags as per IS:
1892. The bags should be sealed properly to avoid any change in moisture content and
they should be kept in wooden boxes.
19.3.2. Undisturbed Sample
In each borehole undisturbed sample should be collected at regular intervals of 3 m or
every change of strata. Samples should be of minimum 100 mm diameter and 450 mm
length. Samples should be collected in such a manner that the structure of the soil and its
moisture content do not get altered. The specifications for the accessories required for
sampling and the sampling procedure should conform to IS: 1892 and IS: 2132.
Undisturbed sampling in sand should be done using compressed air technique mentioned
in IS: 8763. Thin walled sampler should be used to collect undisturbed samples by
pushing the tube into the soil. The sampling tube should have a smooth finish on both
surfaces and minimum effective length of 450 mm. The area ratio of sampling tubes
should be less than 10%. However, in case of stiff soils, area ratio up to 20% should be
permitted.
A general guideline is given in the Table 3 to choose the type of sampler depending upon
the nature of the soil.
Table 3: Types of samplers

Soil Type Preferred Sampler


Gravel Large Diameter thick-walled open drive sampler with catcher device.
Sand Thin-wall drive sampler with free or stationary (fixed) piston.

Rock Double tube/ Triple tube core barrel with air, mud or foam flush.

19.3.3. Rock samples


Rock samples should be collected during core drilling in rock strata to get continuous
recovery of core. Minimum of double tube core barrels fitted with drill bits shall be used
for coring of NX size samples through rock formations. Water may be circulated down
the hollow rods to carry the rock cuttings to the surface as sludge. These should be
retained as samples in traversing friable rock where cores cannot be recovered. The rock
cores should be placed in wooden core boxes in a proper sequence, number each core
following depth measured below existing ground levels. The core boxes shall be 1.5 m in
length divided longitudinally by light battens to hold 5 rows of cores. Photographs of
rock core boxes are to be taken immediately after drilling and submitted along with the
field logs. Also, the rock has to be classified in the field by an experienced geologist. For
unconfined compressive strength determination, a core with diameter to height ratio of
1:1 is required. Rock pieces may be used for determination of specific gravity and
classification.

19.4. Ground Water


One of the following methods should be adopted for determining the ground water table
in bore holes as per IS: 6935.
In permeable soils, the water level in the bore hole should be allowed to stabilise after

HARYANA RAIL INFRASTRUCTURE DEVELOPMENT CORPORATION LIMITED 42


depressing it adequately by bailing. When the water level inside the bore hole is found to
be stable, the depth of water level below ground level should be measured. Stability of
sides and bottom of the bore hole should be ensured at all time.
For both permeable and impermeable soils, the following method is suitable. The bore
hole should be filled with water and then bailed out to various depths. Observations on
the rise or fall of water level should be made at each depth. The level at which the water
level stabilises should be considered as the water table elevation. This should be
established by three successive readings of water level taken at an interval of two hours.
In case any variation in ground water level is observed in any special boreholes, then the
water level in these boreholes should be recorded during the course of the field
investigation. Precautions should be taken so that water (rain, etc.) does not enter the bore
hole if the hole is left open for 24 hours for water level reading.

19.4.1. Subsoil Water Samples


Sub-soil water samples should be collected for carrying out chemical analysis.
Representative samples of ground water should be collected when it is first encountered
in bore holes before the addition of water to aid boring or drilling. Water samples should
not be collected when bentonite slurry or mud has been used for drilling operation. If
water has been added for drilling purposes or if ground water has been diluted by surface
rain water, then the bore hole should be dewatered and water allowed to rise from which
the sample may be taken.
The sampling apparatus should be such that the water at the desired depth can be
collected directly without any disturbance and any change in the concentration of the
constituents like dissolved gases, etc. Undue agitation should be avoided. An ordinary
suction pump with the suction end inserted up to the required depth in the borehole
should be used for this purpose.
The sample should be collected in a clean vessel and allowed to settle so that the
supernatant liquid can be poured into a clean well-rinsed glass or polythene bottle.
Sufficient quantity and number of samples should be collected to carry out the chemical
analysis and sent to a laboratory in airtight bottles with proper labelling. The following
chemical analysis should be performed on the water samples: determination of pH value,
calcium and magnesium content, turbidity, sulphate, carbonate, nitrate and chloride
contents; presence of organic matter and suspended solids.

20. The soil report should contains analysis of soil strata for the whole alignment and divide
the entire length in zones & sub zones to define the bearing capacity and other relevant
parameters of soil like C&Ø of similar properties of soil and present this data in
tabulated/ graphical form at a scale of as desired by engineer incharge so that the entire
soil profile is available at a glance. The report must be prepared by a qualified engineer
having minimum qualification of M. Tech. in Soil Engg from a reputed institute. The soil
report & analysis is required to be proof checked from NIT, Kurukshetra or equally
reputed institute duly approved by Railway.

21. Submission of Drawings

a) Preparation & submission of drawing of tunnel and its approaches, portals, adits,
shafts, ventilation, lightning, safety arrangements, drainage, slope design, slope
protection & counter measures, deep cuttings, protection works, track works,
electrical & OHE works, installations, signaling and telecom woks, and all related

HARYANA RAIL INFRASTRUCTURE DEVELOPMENT CORPORATION LIMITED 43


&enabling works along with preparation of layout plans,GADs/ drawings, sections,
sketches etc on the basis of standard railway drawings & specifications and as per
schedule of dimensions of Indian Railway's with High Rise OHE. The rate includes
submitting drawing on tracing paper of A-1 size along with ten hard copies, also on
CD ROM. Cost of all labour, material tools & plants and machinery is included in the
rate.
b) The details of trial pit at every location shall be shown in drawing.
c) The drawing shall be as per Railways norms and prevailing practice of Railway.
d) The drawing shall be prepared with Auto CAD and shall be submitted on tracing
paper along with 10 paper print & hard copies and CD ROM.
e) The consultant shall handover all the data in digitized data concerning to the work to
HRIDC including detailed calculations of design.

22. Cost estimate will include detailed schedule of quantity and cost for Construction of
entire tunnel including approaches. This will include tunnelling & related activities,
earthwork in formation and cutting, blanketing, ballast supply retaining walls, viaduct,
drainage works, railing, footpaths, and their cost and other items as per item No.24 (E1b)
of BOQ.

23. Submission of Design & Drawings

a) After approval of detailed design, the consultant will submit detailed structural
drawing of foundation, sub structure with arrangement of super structure (as per
available RDSO/ Railway drawing of super structure). The design calculation shall be
in details.
b) The design and drawing of items will consists of approaches, portals, adits, shafts,
ventilation, lightning, safety arrangements, drainage, slope design, slope protection &
counter measures, deep cuttings, protection works, track works, electrical & OHE
works, installations, signaling and telecom woks, and all related & enabling works
along with preparation of layout plans, GADs/ drawings, sections, sketches as per
codal provisions of Railways & IS Codes.
c) The design shall be carried out conforming to the latest editions of Indian Railways
Standard (IRS), Indian Road Congress (IRC) and Bureau of Indian standards (BIS),
British Standards (BS), UIC Codes etc.
d) Where there is conflict amongst IRS. IRC and BIS Specifications, the precedence
shall be in the same order.
e) Where there is no provision of specifications in IRS, the IRC conditions shall be
referred to and followed.
f) For items not covered in IRS/IRC specifications, BS 5400 shall be followed.
g) Where applicable other relevant references and good practice shall be used if specific
recommendations do not exist in IRS/IRC/BIS/BS Specifications.
h) The decision of GM/Project shall be final and binding regarding interpretation of the
clauses of the codes of practice and specifications under the special conditions.

HARYANA RAIL INFRASTRUCTURE DEVELOPMENT CORPORATION LIMITED 44


i) Consultant will prepare design basis note containing design criteria and get it
approved and then proceed with the detailed design. Consultant will carry out design
in sufficient details to the satisfaction of the HRIDC
j) Consultant has to submit two copies of initial design calculations and six copies of
drawings to HRIDC prior to final approval. After final approval, he will submit
original drawings and two copies of design calculations to HRIDC. Design
calculations should be properly typed and bound. One copy of all drawings will be
submitted on reproducible tracing film and copy in Auto-CAD format in CD/Pen
drive on completion of all design and drawings
k) Design and drawing after approval shall be the property of HRIDC. They shall have
exclusive right to use and reuse it elsewhere. The consultant shall have no claims
whatsoever in this regard.

24. PROGRAMME OF WORK

Immediately on issue of letter of acceptance of this tender the contractor should submit
programme of the work showing the activities work wise for completing the whole work
within the stipulated period of completion as per schedule of deliverables in consultation
with the Engineer-in-charge. Programme from time to time taking into consideration the
latest progress achieved till then should be updated. This is to reiterate that the HRIDC
reserves the right of terminating the contract as per General Conditions of Contract and
forfeit/recover the amount equal to full Security Deposit and Performance Guarantee on
full amount of work shown in acceptance letter.

HARYANA RAIL INFRASTRUCTURE DEVELOPMENT CORPORATION LIMITED 45


Annexure-'IV'

PERFORMANCE BANK GURANTEE (UNCONDITIONAL)


To

Haryana Rail Infrastructure Development Corporation Limited,


(Name & Address.)

[Acting through ______________________(Project Incharge) & Address of the Project]

WHEREAS __________________ [name and address of Consultant] (hereinafter called


“the Consultant”) has undertaken, in pursuance of Contract
No.____________________ dated __________ to execute
“_________________________________________________________”[name of Contract
and brief description of Works] (hereinafter called “the Contract.”);

AND WHEREAS it has been stipulated by you in the said Contract that the Consultant shall
furnish you with a Bank Guarantee by any Scheduled Bank in India as given Annexure-VII
for the sum specified therein as security for compliance with his obligations in accordance
with the Contract;

AND WHEREAS we have agreed to give the Consultant such a Bank Guarantee;

NOW THEREFORE we hereby affirm that we are the Guarantor and responsible to you, on
behalf of the Consultant, up to a total of ______________________ [amount of
Guarantee], ____________________________________________ [amount in words],
such sum being payable in the types and proportions of currencies in which the Contract
Price is payable, and we undertake to pay you, upon your first written demand and without
cavil or argument, any sum or sums within the limits of
_______________ [amount of Guarantee] as aforesaid without your needing to prove or to
show grounds or reasons for your demand for the sum specified therein.

We hereby waive the necessity of your demanding the said debt from the Consultant before
presenting us with the demand.

We further agree that no change or addition to or other modification of the terms of the
Contract or of the Works to be performed there under or of any of the Contract documents
which may be made between you and the Consultant shall in any way release us from any
liability under this guarantee, and we hereby waive notice of any such change, addition or
modification.
This guarantee shall be valid up to _______ (a date 60 days from the date of completion of
the work).

HARYANA RAIL INFRASTRUCTURE DEVELOPMENT CORPORATION LIMITED 46


SIGNATURE AND SEAL OF THE GUARANTOR

Name of Bank:
Address:
Date:

HARYANA RAIL INFRASTRUCTURE DEVELOPMENT CORPORATION LIMITED 47


Annexure-'V'
FORM OF AGREEMENT

(To be executed on requisite value of stamp Papers)

AGREEMENT

THIS AGREEMENT made on ____________ day of ________ (Month/year) between Haryana


Rail Infrastructure Development Corporation Limited, HRIDC, SCO 17-19, 3 rd Floor, Sec-17A,
Chandigarh acting through (Managing Director, hereinafter called “the Employer/Engineer”) of
the one part and__________________________________________________(name and address
of the Consultant) (hereinafter called “the Consultant”) of the other part.

WHEREAS the Employer is desirous that certain works should be executed by the Consultant
viz. Contract No.____________________________________________________ (hereinafter
called “the Works”, and has accepted a Bid by the Consultant for the execution and completion
of such Works and the remedying of any defects therein.

NOW THIS AGREEMENT WITNESSETH as follows:

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

• The following documents shall be deemed to form and be read and construed as part of
this Agreement:
a. Letter of Acceptance of Bid
b. Notice Inviting Bid
c. Instructions to the Bidders
d. Form of Bid
e. Appendix to Bid
f. Special Conditions of the Contract
g. General Conditions of Contract
h. Terms of Reference (TOR) / Technical Specifications
i. Relevant codes and Standards
j. Bill of Quantities (BOQ)

• In consideration of the payments to be made by the Employer to the Consultant as


hereinafter execute and complete the Works and remedy any defects therein in
conformity in all respects with the provisions of the Contract.

• The Employer hereby covenants to pay the Consultant in consideration of the execution
and completion of the Works and the remedying of defects therein the Contract Price or
such other sum as may become payable under the provisions of the Contract at the times
and in the manner prescribed by the Contract.

HARYANA RAIL INFRASTRUCTURE DEVELOPMENT CORPORATION LIMITED 48


IN WITNESS whereof the parties hereto have caused this Agreement executed the day and year
first before written.

(Name, Designation and address of (Name, Designation and address of


the authorized signatory) the authorized signatory)

Signed for and on behalf of the Signed for and on behalf of the
Consultant in the presence of: Employer in the presence of:

Witness: Witness:

1. 1.

2. 2.

Name and address of the witnesses to be indicated.

HARYANA RAIL INFRASTRUCTURE DEVELOPMENT CORPORATION LIMITED 49


SECTION VI: TERMS OF REFERENCES (TOR)/ TECHNICALSPECIFICATIONS

HARYANA RAIL INFRASTRUCTURE DEVELOPMENT CORPORATION LIMITED 50


TERMS OF REFERENCE (TOR)
1. GENERAL

HRIDC has been entrusted with the design and construction of New Board Gauge Railway
line from Palwal to Sonipat(HORC) rail link project in Haryana State of India. The project
alignment traverses generally through the plain terrain except for small portion of Aravali
Hills near Sohna. The hills are in general of sedimentary rocks and geologically consist
mainly of sand stone. The area falls in seismic zone-IV. The construction of this rail
project will involve construction of one tunnel through hills. HRIDC now invites proposal
for detaileddesign, survey, Geotechnical Investigation, etc of this tunnel.

Haryana Rail Infrastructure Development Corporation Limited (HRIDC), intends to


appoint the consultant for “Detailed Design, Geological Mapping, Geo Technical
Investigations, and other ancillary works in connection with construction of Tunnel and its
approaches in Sohna-Manesar Section of ‘Haryana Orbital Rail Corridor’ Project in the
state of Haryana.”

HRIDC will be the employer and firm will be executing agency for the works. The
standards of output required from the appointed agency/firm are to be of the international
level both in terms of quality and adherence to the agreed time schedule.

The broad scope of the present study has been identified as follows:

2. Objective

2.1. The main objective of the service envisaged is to carry out cost effective Detailed
design, taking into consideration various parameters so that tender for construction of
tunnels its approaches can be called.
2.2. The objectives of the Detailed design and Geotechnical investigation is to get assistance
HRIDC to implement the project inconformity with Railway rules and regulation
relevant specification, local laws, byelaws etc.
2.3. The standards of output required from the appointed designer and key personnel are of
international level both in terms of quality and adherence to the agreed time schedule.
2.4. Deployment of requisite Personnel: The agency shall deploy qualified and experienced
personnel’s in design of tunnels. The key personnel, duly assisted by supporting staff,
shall have requisite experience on the type of work they are deployed for and shall be
full time available in the project site. The agency may, from time to time on its own
volition, engage experts in different fields for enhancing the effectiveness of its key
personnel as deemed necessary.

3. SCOPE OF WORK

The agency’s scope of work shall be as below but not limited to:

3.1. Development of alignment of tunnel at its approaches including development of DTM


modules.
3.2. Geotechnical Investigation, Geological Mapping, Geo-physical survey, Seismic
refraction survey & 2D resistivity image mapping along the alignment of tunnel & its
approaches.

HARYANA RAIL INFRASTRUCTURE DEVELOPMENT CORPORATION LIMITED 51


3.3. Detailed design/Drawings/Estimate for the tunnel for calling tender for construction of
tunnel.
3.4. Detailed design/ Estimate of complete safety system, surveillance system and other
ancillary works in connection with tunnelling work.
3.5. The analysis, design and drawings shall be submitted for construction phase and final
design phases.
3.6. The agency shall review the geo-tech investigation requirement. HRIDC on such advice
shall get the geo-technical/geological investigation done. Agency shall analyse such
data and incorporate the changes required in updating the design and planning from
time to time. However, such investigation done as per the advice of agency shall be
carried out by the agency itself.
3.7. Provide a Quality Assurance Plan.
3.8. Incorporate changes in design resulting from HRIDC representative design review.
3.9. Preparation of detailed report.
3.10. Coordination/Liasoning and preparing/updating the integrated drawings incorporating
Civil, Track, S&T, Electrical and Mechanical works. The agency shall give the design
of various fixtures, so that these are taken care of in schedule of dimension of the tunnel
and preparation of detailed design thereof.

4. STAGES OF SUNMISSION OF VARIOUS DESIGN AND REPORTS

4.1. INCEPTION REPORT`

The inception report shall be submitted within 4 weeks after the LOA, comprising of the
following:

a) Collection of data information from all concerned and verifying it for accuracy and
usage.
b) The approach methodology to meet the requirement of TOR.
c) Submission of outline design criteria and construction specification.
d) The identification of design codes and standards.
e) Proposed essential Geo-physical/Geological/Geo-technical investigation in
consultation with HRIDC without unduly affecting the schedule of completion of the
work.
f) General arrangements drawings of all the components of complete tunnel work.

4.2. DESIGN

Design shall be submitted as per the details given in clause 14 of SCC.


It shall consist of the following:

4.2.1. DESIGN

The design shall provide HRIDC with indication of the manner in which the work will be
performed in general and shall consist of key features pertinent to the design work. The
design submission shall be coherent and complete set of the documents properly
consolidated and indexed and shall fully describe the proposed pre-final design. It shall
include but not being limited to the following;

a) Design criteria/standards.
b) The submission of design manuals/codes/standards.

HARYANA RAIL INFRASTRUCTURE DEVELOPMENT CORPORATION LIMITED 52


c) Completion of ground survey work is necessary and processing of data.
d) Completion of field geotechnical work.
e) Optimum tunnel sizing. (for double line BG in conformity with IRSOD with
provision of High rise OHE. Also most economical construction methodology
should be designed.)
f) Adequacy of Tunnel design at DFC Tunnel crossing if same (crossing of both
Tunnel) is unavoidable.
g) Report on recommendation of various components of tunnel i.e. ventilation
system, drainage, safety management, disaster management, lightening system,
communication system, monitoring devices for performance of the tunneletc.
h) Holding discussions and presentations at various level to get it approved in
principle from HRIDC.
i) The dimension of all major features, structural elements and members.
j) Specification of all materials.
k) Potential forces and movements due to all possible loadings and actions on the
structures.
l) The layout and the typical details of support system.
m) Electrical and mechanical services and equipment and their interaction with these
structures.
n) Proposed method of predicting the ground movements during construction of
tunnel.
o) Construction methodology.
p) Detailed design of ballast less track/ ballasted track.
The Design submission shall also contain the following:

i. DRAWINGS/ DETAILED ESTIMATE

The detailed design submission shall include drawings& detailed estimate including
detailed calculations duly proof checked by IIT/NIT.

ii. DESIGN MANUAL

The Design manual shall incorporate all design requirements, standards codes, loading
cases etc.

Permissible movements and deflections, material properties and all other documents or
matters which are relevant to and govern the design. The design Manual shall refer to all
materials, codes and standards used, making clear their specific applications. The Design
Manual shall be produced so that it can be used by those involved in the preparations or
review of the design of the permanent works as comprehensive reference text and
efficient document.

iii. GEOTECHNICAL INTERPRETATIVE REPORT:

A report including site investigation results and covering the Geo-technical interpretation
of site investigation work including that undertaken by the agency in sufficient detail to
confirm and justify parameters used in the geo-technical designs. The report shall include
the full logs and descriptions of confirmatory bore holes drilled by the agency.

5. INSTRUCTIONS TO BE FOLLOWED BY AGENCY WHILE PROVIDING


SERVICES

HARYANA RAIL INFRASTRUCTURE DEVELOPMENT CORPORATION LIMITED 53


5.1. AUGMENTATION OF DATA- In the Conduct of the work the agency shall co-operate
and associate fully with HRIDC, which shall provide available relevant data and reports,
but these may or may not be adequate. The agency shall supplement by completing data
considered necessary and shall be solely responsible for the analysis and interpretation of
all data received and collected and for the conclusions and recommendations contained in
the reports.

5.2. REFERENCE CODES- The agency shall utilize the applicable Indian codes. All relevant
Indian Acts and Regulations shall also be complied with. Should the agency propose to use
alternative Standards or Codes of Practice they shall submit two copies of such standards
or codes with justification for their use to HRIDC for review and acceptance within 3
weeks from receipt of the LOA.

5.3. The basic premise of this contract is to carry out preparation of DTM module Geotechnical
Investigation, Geological Mapping and detailed design for economical and safe
construction of the tunnel including its approaches for BG double line in conformity with
IRSSOD with High Rise OHE within time period specified in the contract. The agency
shall organize its resources accordingly and assist HRIDC pro-actively and justifiably.

6. USE OF PROPRIETARY ITEMS – The agency shall ensure that there are no named or
proprietary products in the documents or on drawings. Agency shall indemnify HRIDC
from violation of any copyright infringement and HRIDC will not be responsible for any
act of negligence / omission in this respect.

7. DESIGN LIFE

The design life of the permanent civil engineering works shall be 120 years.

8. DESIGN SUBMISSIONS/APPROVAL/REVIEW PROCEDURES

(1) HRIDC representative shall review submissions of Design Data. The form and detail of
the review shall be as determined by HRIDC and will not absolve the agency of the
responsibility for the design under the contract.
(2) In obtaining all required and / or statutory approvals that relate to the submission
including where appropriate, approval of concerned government authorities, the agency
shall assist HRIDC wherever required.
(3) All submissions shall be accompanied by two original copies of a Design Certificate
signed by the agency.

9. SUBMISSION OF DESIGN CALCULATIONS

1. Unless otherwise required by HRIDC, calculations relevant to the Design shall be


submitted for review with the respective Design Submissions. The HRIDC Representative
may require the submission of applicable software including on house software
programmers/worksheets developed by the agency, computer input and programme logic
for its review prior to the acceptance of the computer output. Such software shall be given
unhindered access if need be to the representative of HRIDC in the office of agency.

2. The agency shall prepare and submit a comprehensive set of calculation for the Pre-Final
Design in a form acceptable to HRIDC. Should the design of the Permanent Works be

HARYANA RAIL INFRASTRUCTURE DEVELOPMENT CORPORATION LIMITED 54


revised thereafter and such revision renders the calculations as submitted obsolete or
inaccurate, the agency shall prepare and submit the revised calculations.

10. SCHEDULE OF PAYMENTS

HRIDC shall make payments to the agency as mentioned in the Bill of Quantities.

11. SETS OF DRAWINGS/ DESIGN / REPORTS TO BE SUBMITTED BY


CONSULTANT

A soft copy of each item listed below shall be delivered together with the number of hard
copies indicated below. All material shall be delivered as follows.
Inception Report 6 Copies

2 Sets of drawings A0 size


6 Sets of drawings A1 size
Draft Design Submission
6 Sets of design calculations
6 Copies of design, various reports / recommendations

2 Complete sets of drawings A0 size


6 Complete sets of drawings A1 size
Complete sets of design calculation for each
Final Design - Submission 6
components/ accessories
6 Sets of construction Specifications/quality formats etc.
6 Copies of design report/recommendations

Geotechnical Investigation
6 Copies of final report
Report

12. PROFESSIONAL INDEPENDENCE

i) The agency shall have no direct or indirect interests in commercial, manufacturing or


contacting activities that might tend to influence its professional judgement. It is
remunerated solely by the fees paid to it by HRIDC.
ii) It shall approach all assignments objectively and by using technical and economical
principles provided solutions which serve the best interests of HRIDC.
iii) The agency shall give a declaration that its firm has no financial or managerial ties with
other organisations that could influence its independence.

HARYANA RAIL INFRASTRUCTURE DEVELOPMENT CORPORATION LIMITED 55


SECTION VII: CERTIFICATION OF FAMILIARIZATION

HARYANA RAIL INFRASTRUCTURE DEVELOPMENT CORPORATION LIMITED 56


Certificate of familiarization

A. I/We hereby solemnly declare that I/We have visited the site/place of work and have
familiarized myself/ourselves of the working conditions there in all respects and in
particular, the following:

a) Topography of the Area.


b) Soil conditions at the site of work.
c) Sources & availability of Construction material.
d) Borrow areas of earth.
e) Rates for construction materials.
f) Availability of local labour, both skilled and unskilled and the prevailing labour
rates.
g) Availability of water & electricity.
h) The existing roads and access to the site of work.
i) Availability of space for putting labour camps. Officers, stores, godown, sheds
engineering yards etc.
j) Climatic condition and availability of working days.
k) Prevailing all taxes, VAT, duties etc.

B. I/We have kept myself/ourselves fully informed of the provisions of this bid document
comprising Instructions to the Bidders, General Conditions of the Contract, Special
Conditions of Contracts and Special Technical Specifications/ Conditions of contract
apart from information conveyed to me/us through various other provisions in this bid
document.

C. I/We have quoted my/ our rates as ‘Percentage above / below / at par “ and quoted
against blank items by rates in figure and words, with total cost as per Items Rates and
Quantities (BOQ), in FINANCIAL BID taking into account all the factors given above.

(Signature of Bidder/s)

Date: ________________

Place: ________________

HARYANA RAIL INFRASTRUCTURE DEVELOPMENT CORPORATION LIMITED 57


SECTION VIII: BILL OF QUANTITIES

HARYANA RAIL INFRASTRUCTURE DEVELOPMENT CORPORATION LIMITED 58


Name of work –Detailed Design, Geological Mapping, Geo Technical Investigations, and
other ancillary works in connection with construction of Tunnel and its approaches in
Sohna-Manesar Section of ‘Haryana Orbital Rail Corridor’ Project in the state of Haryana
BILL OF QUANTITIES

SN NS Item wise description of work (full Unit Qty Rates Amount LAR
item description) (in Rs) (in Rs) Reference
No.
A: DESIGN & SURVEY OF ALIGNMENT
1 A1 Development of proposed Broad-Gauge LS 1
double line Railway alignment of Tunnel
and its approaches between Sohna-
Manesar(Approx. 8 Km long along proposed
alignment as per preliminary survey) in the
state of Haryana with the help of Latest
optimizing software and Digital Terrain
Model (DTM) developed from digitized
survey of India Toposheets of the proposed
alignment with deliverables.
Agency shall study / examine DFC
alignment & the alignment studies by the
earlier agency appointed by HRIDC and
based on their independent assessment
should recommend: -
I. Most suitable & economical alignment
keeping the length of Tunnel minimum
possible. 2-3 alternate alignment
should be identified and analyzed
before optimizing the alignment.
II. Optimum section for double line Broad
Gauge in conformity with Indian
Railways Standard Schedule of
Dimensions (with latest updations)
with provision of High Rise OHE.
Also most economical construction
methodology should be designed.
III. Adequacy of Tunnel design at DFC
Tunnel crossing if same (crossing of
both Tunnel) is unavoidable.
Note: HRIDC shall authorize the agency for
collection of digitized toposheets from
Survey of India. In case digitized toposheets
are not available with Survey of India the
payment for collection of toposheets and
their digitization shall be made as per item
(i) of B1 below.
Stage wise payment for this item shall be
done as follows:
(i) Completion of DTM & submission of
alternate alignments proposal: 30%
(ii) Submission of draft Report: 30%
(iii) Submission of Final report and
acceptance by HRIDC: 40%
B: SURVEY
2 B1 DIGITIZATION OF TOPOSHEET
Collection, Scanning and Digitization of Nos 2
survey of India (SOI) Toposheets in 1:50000
scale with contour in MSL and scale

HARYANA RAIL INFRASTRUCTURE DEVELOPMENT CORPORATION LIMITED 59


(interval 100m major and 20m minor)/
Geological maps (sheets)/ Forest maps
(sheets) with design alignment Centre line
co-ordinates & levels marked in reference to
horizontal datum as MSL and grid co-
ordinates should conform to horizontal &
Vertical datum of survey of India toposheets.
The work includes Service of engineers,
scientists, surveyors, draughtsman, CAD
operators, labors, helpers and others
(computers, printers & tracing etc.)
Payment terms:
Stage wise payment for this item shall be
done as follows:
(i) Collection, Scanning & Digitization of
toposheets: 40%
(ii) Submission of final toposheets with
alignment and other features duly
marked to HRIDC: 60 %
FINAL LOCATION SURVEY
3 B2 Carrying out final location survey with total LS 1
station (Having latest accuracy), traversing
of area for establishment of control pointsfor
the most suitable alignment finalized in item
no. 1 above including traversing grid
network of Control Points marked on
toposheets of Survey of India. Development
of plan/ L-section etc (approx. 8 km length)
for most suitable alignment,. The work
includes service of engineers, scientists,
surveyors, draughtsman, CAD operators,
labors, helpers and others (computer,
printers & tracing etc.). The agency shall
provide the final location alignment in
digital format to HRIDC.
Payment terms:
Stage wise payment for this item shall be
done as follows:
(i) Completion of field works &
submission of Draft Report including
plans, L-Section, alignment, etc : 60%
(ii) Submission of Final Report &
acceptance of Report by HRIDC: 40%
4 B3 Establishment of DGPS Control Points along Nos 10
the Proposed alignment of tunnel and
approaches(as marked on toposheet) and
report generation as per format approved by
Engineer in charge. (Payment of RCC Pillars
shall be paid separately as per BOQ itemB-
6).
Payment terms:
Stage wise payment for this item shall be
done as follows:
(i) Completion of field works &
submission of Draft Report: 60%
(ii) Submission of Final Report &
acceptance of Report by HRIDC: 40%
5 B4 Leveling by autolevel (Having latest LS 1
accuracy) of the area for Establishment/re-
establishment of Control Points on existing

HARYANA RAIL INFRASTRUCTURE DEVELOPMENT CORPORATION LIMITED 60


alignment and report generation as per
format approved by Engineer in charge
Payment terms:
Stage wise payment for this item shall be
done as follows:
(i) Completion of field works &
submission of Draft Report: 60%
(ii) Submission of Final Report &
acceptance of Report by HRIDC: 40%
6 B5 PERMANENT PILLAR
Casting and fixing of Permanent pillar size Nos 10
500 x 500 x 1000mm of M25 Grade RCC
with provision of 700mm long M.S. Angle
of size 50 x 50 x 5mm with brass nailing on
the MS plate with embossing the coordinates
on the MS Plate for marking the Control
Points, Portal locations, change point of
curvature and other prominent geometrical
survey points related to the alignment
finalized in the item B2 above. The work
included supply of materials required for
construction of pillars, mason, labours and
material carriage charge etc.
C: GEOLOGICAL MAPPING
7 C-1 Geological mapping of the proposed KM 5
alignment for a corridor width of 500m
(250m on either side) in scale 1:25000 and
submission of geological plan, L-Section
along the design alignment in relevant areas
(1:25000H & 1:2500V) and cross section
across the valleys/nallahas/streams and
across the important geological features
including scanning and digitization of
Geological Survey of India Maps of the area,
survey work required (by Total Station/GPS)
for geological mapping and geophysical
survey.
Payment terms:
Stage wise payment for this item shall be
done as follows:
(i) Completion of field works & collection
of Data & submission of Draft Report:
60%
(ii) Submission of Final Report &
acceptance of Report by HRIDC: 40%
8 C-2 Geological mapping of the proposed KM 4.5
alignment including structural (Faults/
thrusts, Shear zones, Fold, Joints etc)
lithological ,tectonic mapping and drainage
pattern mapping for a corridor width
of 200 m (100m on either side) in
scale 1:2000 of critical areas and
submission of geological plan, L-section
along the design alignment in relevant
areas (1:5000H & 1:500V) and cross
section across the valleys/ nallahas/ streams
and across other important geological
features including scanning and digitization
of Geological Survey of India Maps of the
area, survey work required (by Total
Station/ GPS) for geological mapping and

HARYANA RAIL INFRASTRUCTURE DEVELOPMENT CORPORATION LIMITED 61


geophysical survey . The work included
service of engineers, scientists, surveyors,
draughtsman, CAD operators, labors, helpers
and others (computer, printers & tracing etc)
Payment terms:
Stage wise payment for this item shall be
done as follows:
(i) Completion of field works & collection
of Data & submission of Draft Report:
60%
(ii) Submission of Final Report &
acceptance of Report by HRIDC: 40%
C4 GEOPHYSICAL SURVEY
9 C4a Mobilization and De-Mobilization charges LS 1
of Equipments at site for Seismic Refraction
survey and 2-D Resistivity Survey as
per item C4b & C4c below. The payment
shall be made only once after completion of
the Geophysical survey, as per item C4b and
C4c.
SEISMIC REFRACTION SURVEY
10 C4b Seismic Refraction Survey including data Mtr 500
acquisition, data processing and
interpretation for deciding revised alignment
at portals of tunnels and viaducts/major
bridge locations. The work included service
of engineers, scientists, surveyors,
draughtsman, CAD operators, labors, helpers
and others (computer, printers & tracing etc.)
Payment terms:
Stage wise payment for this item shall be
done as follows:
(i) Completion of field works & collection
of Data & submission of Draft Report:
60%
(ii) Submission of Final Report &
acceptance of Report by HRIDC: 40%
Note: The quantity may change as per the
geology and topography of the alignment
finalized. The location and the quantity shall
be decided and executed with the approval
of Railway.

RESISTIVITY SURVEY
11 C4c 2-D Resistivity image mapping including Mtr 500
data acquisition, data processing and
interpretation for deciding revised alignment
for viaducts/bridge site. The work included
service of engineers, scientists, surveyors,
draughtsman, CAD operators, labors, helpers
and others (computer, printers & tracing etc)
Payment terms:
Stage wise payment for this item shall be
done as follows:
(i) Completion of field works & collection
of Data & submission of Draft Report:
60%
(ii) Submission of Final Report &
acceptance of Report by HRIDC: 40%
Note: The quantity may change as per the

HARYANA RAIL INFRASTRUCTURE DEVELOPMENT CORPORATION LIMITED 62


geology and topography of the alignment
finalized. The location and the quantity shall
be decided and executed with the approval
of Railway.
D: GEOTECHNICAL INVESTIGATION
12 D1 Mobilization and De-Mobilization charges LS 1
of drilling equipments and manpower to the
project site. The payment shall be made only
once after completion of the Geotechnical
Investigation.
13 D2a Exploratory drilling of Boreholes 150mm, M 200
diameter boreholes in all type of soil
including conducting standard penetration
test at specified depth and collection of
disturbed, and undisturbed samples from
bore holes. The rate includes cost of
manpower, machinery, etc. complete.

14 D2b Drilling of Nx size bore holes (75 mm


diameter) in all types of rock (boulder,
weathered and fresh rock) and collection of
rock core samples from bore holes at tunnel
sites. The rate includes cost of manpower
undisputed, machinery etc. complete. In case
of inclined boring, the length shall be
measured along the borehole length.
a) Up to 50M depth M 450
b) Beyond 50M up to 100M depth M 100
15 D3 In-situ permeability test in bore holes at Nos 5
tunnel sites
16 D4 Erection of drilling equipment from one bore Nos 9
hole site to another bore hole site and
construction of working platform for drilling
machine including making of approaches
D5 Laboratory tests
17 D5A Soil samples Per Sample 6
i. Natural Moisture content and Natural
Dry Density
ii. Grain size analysis
iii. Atterberg’s limit
iv. Direct shear test
v. Triaxial shear test
vi. Consolidation Test
vii. Specific Gravity
viii. Silt factor
18 D5b Rock Samples Per Sample 20
i. Density
ii. Specific Gravity
iii. Water absorption
iv. Uniaxial compressive strength
19 D5c Deformability of Rock materials (Young’s) Per Sample 20
Modulus, Modulas of Deformability, Stress-
Strain Curve, Failure Energy) as per IS 9221
& 9143 for Rock.
20 D5d Petrographic description of rock (Grain size, Per Sample 20
Mineral Content, Texture etc) for rock.
21 D5e Tensile strength for rock material (Indirect Per Sample 20
Tensile strength, Brazilian Test) as per IS
10082 for rock
22 D5f Hardness and Abrasiveness of Rock Per Sample 20

HARYANA RAIL INFRASTRUCTURE DEVELOPMENT CORPORATION LIMITED 63


(together with CAI-Index Abrasive Test)
E: MISC. WORKS
23 E-1(a) Detailed design and Drawings for the LS 1
purpose of preparing the detailed cost
estimate of the project for tunnels and its
approaches, Portals, adits, shafts, ventilation,
lightning, safety arrangements, drainage,
slope design, slope protection & counter
measures, deep cuttings, protection works,
track works, electrical & OHE works,
installations, signaling and telecom woks,
and all related & enabling works along with
preparation of layout plans, GADs/
drawings, sections, sketches etc alongwith
recommendations for most suitable/
economical construction techniques. The
design shall be as realistic as possible, based
on codal provisions, in conformity with
Indian Railways standard schedule of
dimensions (with latest updations) with
provision of High Rise OHE, international
best practices, thumb rules, empirical
formula and based on past practices adopted
in similar Indian Railway projects and
considering actual geological information in
consultation with Employer.
Note:- (i) The detailed design should be
accompanied with a detailed Report and
drawings giving technical parameters, codal
provisions etc. used in the design along with
justifications duly proof checked by IIT/NIT.
Payment terms:
Stage wise payment for this item shall be
done as follows:
(i) Submission of Draft Detailed design &
drawings: 60%
(ii) Final Design & Drawings after proof
checked by NIT/IIT: 40%
24 E-1(b) Preparation of detailed Cost Estimate of the LS 1
complete Project for commissioning as per
detailed design done in item E-1(a) above
and as per formats of estimates prepared by
Indian Railway for similar projects. This
includes working out quantities and cost of
various components of the tunnel, signaling
and telecom, tunnel ventilation, electrical &
OHE works, diesel traction works, E&M,
illumination, surveillance system, track
works, land, roads, earthwork, protection
works, forest clearance, other ancillary
works etc. as a complete job as per
provisions in Indian Railway Engineering
Code. Part estimate of Civil, tracks, S&T,
Electric works, Diesel traction and Electric
traction (OHE) works shall be brought out
separately.
The work also includes submission of
Design Basis Report for various types of
structures envisaged in completion of the
Project and submission of standard Tender
document for Detailed Design, build

HARYANA RAIL INFRASTRUCTURE DEVELOPMENT CORPORATION LIMITED 64


&operate EPC- contract of Tunnel &
approaches as per direction of Engineer.
Payment terms:
Stage wise payment for this item shall be
done as follows:
(i) Submission of draft Detailed cost
estimate based on approved design &
drawings: 60%
(ii) Submission of Final detailed cost
estimate alongwith detailed report as per
note below: 40%
Note- (i) The estimate should be
accompanied with detailed Report giving
methodology and basis for Technical
parameters, quantities and rates adopted in
the preparation of estimate.
(ii) The Project estimate should be as
realistic as possible considering least risk to
Railway regarding its exceedance over
Detailed Estimate during execution.
TOTAL

HARYANA RAIL INFRASTRUCTURE DEVELOPMENT CORPORATION LIMITED 65


Note:
1. The quantities shown against items above are to serve as a guide only. HRIDC
reserves the right to alter quantities according to the needs.

2. All items are for complete items of work including all labour and material, all
lead, lifts, ascends, descends, crossing obstructions etc. including loading,
unloading, handling re-handling, taxes, octroi, royalty, compensation etc.
complete.

3. The rates should be quoted including the payment of octroi toll tax/sales/trade
tax or any other tax as leviable by the State Government/ local bodies etc. GST
shall be paid extra.

I/we understand that I/we am/are not entitled to any other payment on any
account whatsoever except at the tendered rates quoted against each item for
fully completed work as per conditions of contract.

Signature of thetenderer/s___________
Address

HARYANA RAIL INFRASTRUCTURE DEVELOPMENT CORPORATION LIMITED 66


SECTION IX: GENERAL CONDITIONS OF CONTRACT

HARYANA RAIL INFRASTRUCTURE DEVELOPMENT CORPORATION LIMITED 67


General Conditions of Contract
(GCC)

1. HRIDC’s General Condition of Contract shall be followed and will be a part of the
Contract

2. Additional definitions mentioned in these tender documents elsewhere will be followed


for GCC

3. In case of any ambiguity in any definition, the decision of HRIDC regarding the
interpretation shall be final and binding.

4. Wherever there is conflict in any condition between General Conditions of Contract


(GCC) and Special conditions of Contract (SCC) mentioned in the tender documents, the
conditions mentioned the Special conditions of Contract will prevail. However,
Engineer’s decision in this connection shall be final and binding.

HARYANA RAIL INFRASTRUCTURE DEVELOPMENT CORPORATION LIMITED 68


GENERAL CONDITIONS OF CONTRACT – INDEX

CLAUSE
DESCRIPTION
No.
1.0 DEFINITIONS
2.0 HEADING AND MARGINAL NOTES
3.0 SINGULAR, PLURAL AND GENERAL
4.0 COMMUNICATION AND LANGUAGE OF CONTRACT
5.0 LAWS GOVERNING THE CONTRACT
6.0 INSPECTION OF SITE AND SITE DATA
7.0 CONTRACTOR'S UNDERSTANDING
8.0 PERFORMANCE SECURITY & RETENTION MONEY
9.0 INSURANCE
10.0 COMMUNICATION BETWEEN EMPLOYER/ENGINEER AND CONTRACTOR
11.0 DUTIES OF ENGINEER AND ENGINEER'S
REPRESENTATIVE
12.0 GENERAL OBLIGATIONS OF THE CONTRACTOR
13.0 SUBCONTRACTING
14.0 PROVISIONS OF EFFICIENT AND COMPETENT STAFF
15.0 PROGRAMME OF WORK
16.0 COMMENCEMENT OF WORK
17.0 ACCE SS TO SITE OF WORK
18.0 SETTING OUT
19.0 TEMPORARY WORKS
20.0 SPECIFICATIONS AND DRAWINGS
21.0 INDEMNITY BY THE CONTRACTOR
22.0 DAMAGE TO LIFE AND PROPERTY
23.0 SAFETY OF PUBLIC AND PUBLIC UTILITIES
24.0 OTHER SAFETY PROVISIONS
25.0 PROTECTION OF ENVIRONMENT
26.0 CARE OF WORKS
27.0 USE OF EXPLOSIVES
28.0 OCCUPATION AND USE OF LAND
29.0 EXCAVATED MATERIALS
30.0 RELICS AND TREASURES
31.0 CO-OPERATION WITH OTHER CONTRACTORS
32.0 WORK DURING NIGHT
33.0 SHEDS, STORES, YARDS
34.0 ENGINEER’S MATERIALS
35.0 TOOLS, PLANTS AND EQUIPMENT
36.0 PLANT AND MATERIALS OF THE CONTRACTOR
37.0 CONTRACTOR TO KEEP SITE CLEAR
38.0 HEALTH AND SANITARY ARRANGEMENTS FOR WORKERS
39.0 ENGAGEMENT OF LABOUR
40.0 WAGES OF LABOUR
41.0 REPORTING OF ACCIDENTS INVOLVING LABOUR
42.0 SUPPLY OF WATER AND ELECTRIC POWER

HARYANA RAIL INFRASTRUCTURE DEVELOPMENT CORPORATION LIMITED 69


43.0 REPAIR TO DAMAGES
44.0 IMPLEMENTATION OF QUALITY MANAGEMENT SYSTEM
45.0 MATE RIALS AND WORKMANSHIP
46.0 REMOVAL OF IMPROPER MATERIALS AND WORKS
47.0 EXAMINATION OF WORK BEFORE COVERING UP
48.0 SUSPENSION OF WORKS ORDERED BY THE ENGINEER
49.0 DELAY AND EXTENSION OF CONTRACT PERIOD
50.0 DETERMINATION OF CONTRACT DUE TO CONTRACTOR’S DEFAULT
51.0 DETERMINATION OF CONTRACT ON EMPLOYER/ENGINEER’S ACCOUNT
52.0 DEATH OF CONTRACTOR/PARTNER
53.0 EMPLOYMENT OF RETIRED OFFICERS/ ENGINEER OF EMPLOYER/
ENGINEER
54.0 MODIFICATION TO CONTRACT
55.0 MODIFICATIONS TO WORK
56.0 RATES FOR ITEMS OF WORK TO BE ALLINCLUSIVE
57.0 ACCEPTED RATE APPLICABLE TILL THE COMPLETION OF WORK
58.0 VARIATION IN QUANTITY OF ITEMS COVEREDBY THE BILL OF
QUANITITIES
59.0 ITEMS NOT INCLUDED IN THE BILL OFQUANTITIES
60.0 LIEN IN RESPECT OF CLAIMS IN OTHER CONTRACTS
61.0 MEASUREMENTS OF WORK AND PAYMENTS
62.0 ON ACCOUNT PAYMENTS
63.0 FINAL MEASUREMENTS AND PAYMENTS
64.0 MODE OF PAYMENT AND TAX DEDUCTION AT SOURCE
65.0 COMPLETION CERTIFICATE
66.0 CLEARANCE OF SITE ON COMPLETION
67.0 POST PAYMENT AUDIT
68.0 DEFECT LIABILITY CERTIFICATE
69.0 UNFULFILLED OBLIGATIONS
70.0 PRODUCTION OF VOUCHERS
71.0 FORCE MAJEURE
72.0 CLAIMS
73.0 SETTLEMENT OF DISPUTES
ANN-I FORMAT OF AGREEMENT
ANN-II FORMAT OF PERFORMANCE BANK GUARANTEE (UNCONDITIONAL)
ANN-III FORMAT OF BANK GUARANTEE FOR RELEASE OF 50% OF RETENTION
MONEY

HARYANA RAIL INFRASTRUCTURE DEVELOPMENT CORPORATION LIMITED 70


GENERAL CONDITIONS OF CONTRACT

1) DEFINITIONS

In the Contract, as herein after defined, the following word expressions shall have the meanings
hereby assigned to them, except where the context requires otherwise.

“Client or Principal Employer/Employer or Owner" HARYANA RAIL INFRASTRUCTURE


DEVELOPMENT CORPORATION LIMITED, A JV of Ministry of Railways and Govt. of
Haryana (HRIDC in abbreviation)acting through its Managing Director or any other authorized
officer and shall include their legal successors in title and permitted assignees.

"Engineer or Engineer in Charge" means the Project Head of HRIDC (Employer) or any other
officer authorized by the Employer to act on his behalf and for the purpose of operating the
contract.

"Engineer's Representative" means any official nominated from time to time by the Engineer to
act on his behalf.

"Contractor" means the individual, firm, Company, Corporation, Joint Venture, or Consortium
whether incorporated or not, who enters into the Contract with the Employer/Engineer, and shall
include its heirs, executors, administrators, successors, legal representatives, as the case may be.

"Contractor’s Representative" shall mean the person responsible for execution of the contract
who shall be so declared by the Contractor and who shall be authorised under a duly executed
power of attorney to comply the instructions and to use, receive materials issued by the Engineer
to the Contractor for works. He shall be capable of taking responsibility for proper execution of
works.

"Sub-Contractor" means the individual, firm, Company, Corporation, Joint Venture or


Consortium, having direct Contract with the Contractor and to whom any part of the work has
been sublet by the Contractor and shall include his heirs, his executors, administrators,
successors, legal representatives, as the case may be.

"Other Contractors" means the individual, firm, Company, Corporation, Joint Venture or
Consortium employed by or having a Contract directly or indirectly with the
Client/Employer/Engineer other than the Contractor.

"Tenderer or Bidder" means the individual, firm, Company, Corporation, Joint Venture or
Consortium submitting a bid/tender.

"Scheduled Bank" means a bank included in the second schedule to the Reserve Bank of India
Act, 1934, or modification thereto.

"Contract" shall mean and include the Agreement or Letter of Acceptance, the accepted Bill of
Quantities and Rates, the General Conditions of Contract, Special Conditions of Contract,
Appendix to Tender, Form of Bid, Instructions to the Tenderers, Drawings, Specifications and
other Tender Documents.

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"Tender or Bid" means the offer (Technical and/or Financial) made by individual, firm,
Company, corporation, Joint Venture or Consortium for the execution of the works.

"Specifications" means the specifications referred to in the Contract and any modification thereof
or addition thereto, or as may from time to time be furnished or approved in writing by the
Engineer.

"Drawings" means the Drawings annexed to the Contract or referred in it and shall include any
modifications of such Drawings and further Drawings as may be issued or approved by the
Engineer.

"Bill of Quantities (BOQ)" means list of items of work, their quantities and rates.

“Original Contract Value" means the sum stated in the letter of Acceptance/Contract Agreement.

“Contract Value" means the original contract value subject to the adjustments in accordance with
the provisions of the Contract.

"Temporary Works" means all enabling works of every kind required for the execution of the
works.

"Permanent Work(s)/ Work(s)" means the works (other than temporary works) to be executed in
accordance with the Contract or part/s thereof as the case may be and shall include extra or
additional, altered or substituted items of work as required for performance of the Contract.

"Construction Plant" means all machinery, appliances or things of whatsoever nature required for
the execution, completion and maintenance of the works, but does not include material or other
things intended to form or forming part of the permanent works.

"Site" means the land and/or other places on, under, in or through which the works are to be
carried out, and any other lands or places provided by the Client/Employer/Engineer for the
purpose of the Contract.

"Material/s" means all equipment, components, fittings and other materials including raw
materials, which form part of the permanent works.

"Test" means such tests as prescribed in the Contract or by the Engineer or Engineer's
Representatives, whether performed by the Contractor or by the Engineer or his Representative,
or any agency approved by the Engineer.

"Approval or Approved" means approval in writing including subsequent written confirmation of


previous verbal approval.

"Defect Liability Period" means the specified period of defects liability from the date of
completion of the work as certified by the Engineer.

"Letter of Acceptance" means the letter from the Employer or the Engineer to the Contractor,
conveying acceptance of the Tender.

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"Month" means the Gregorian calendar month.

"Day" means the calendar day.

"Time" expressed by hours of the clock shall be according to the Indian Standard time.

"Tender Date" means closing date fixed for receipt of tenders as per notice inviting tender or
extended by subsequent notification.

"Rupees"(or Rs. Or ` in abbreviation) shall mean Rupees in Indian currency.

2) HEADING AND MARGINAL NOTES

The top heading and marginal notes given in the tender or Contract documents are solely for the
purpose of facilitating reference and shall not be deemed to be part thereof and shall not be taken
into consideration in the interpretation or consideration thereof.

Notices, consents, Approvals, Certificates and Determination.

Wherever in the Contract provision is made for giving or issue of any notice, consent, approval
certificate or determination, it shall be in writing and the words notify, certify or determine shall
be construed accordingly.

3) SINGULAR, PLURAL AND GENERAL

Words importing the singular only also include the plural and vice versa where the context
requires. Similarly, words importing masculine gender also include the feminine gender.

4) COMMUNICATION AND LANGUAGE OF CONTRACT

Communication to be in writing

4.1 All notices, communications, references and complaints by either party to the
Contract shall be in writing in English or Hindi. Communication from only
authorised representative of the Contractor shall be entertained.

4.2 Language of Contract

The Contract document shall be drawn up in English.

5) LAWS GOVERNING THE CONTRACT

The Contract shall be governed by the laws in force in India.

6) INSPECTION OF SITE AND SITE DATA:

The Employer/Engineer shall make available with Tender Documents such data on hydrological
and sub-surface conditions, if any, obtained from investigations undertaken relevant to the

HARYANA RAIL INFRASTRUCTURE DEVELOPMENT CORPORATION LIMITED 73


works. The tender shall be deemed to have been based on such data, if provided, but the
Contractor shall be responsible for his own interpretation of all such data.

The Contractor shall be deemed to have inspected and examined the site and information
available in connection therewith and to have satisfied himself fully before submitting his bid
about the sub-surface conditions, the hydrological and climatic conditions, the extent and nature
of work and materials necessary for the completion of the works, the means of access to the site
and accommodation he may require. He shall also be deemed to have obtained all necessary
information regarding risks, contingencies and all other circumstances which may influence or
affect the contract.

7) CONTRACTOR'S UNDERSTANDING

The Contractor shall be deemed to have satisfied himself, before tendering, as to the correctness
and sufficiency of his tender for the works and of the rates and prices stated in the Bill of
Quantities, all of which shall except in so far as it is otherwise provided in the Contract, cover all
his obligations under the Contract and all matters and things necessary for the proper execution,
completion and maintenance of works.

8) PERFORMANCE SECURITY& RETENTION MONEY

For contracts valuing upto Rs.10 lacs, no performance security shall be required to be submitted
by the Contractor.

Performance Security for Contracts valuing more than Rs. 10 lacs:

The successful bidder shall submit a Performance Guarantee (PG) in the form of irrevocable
bank guarantee on the proforma annexed as Annexure-II from any Scheduled Bank for an
amount of 5% (Five percent) of the contract value. The value of PG to be submitted by the
Contractor will not change for variation upto 25% (either increase or decrease). In case during
the course of execution, value of contract increases by more than 25% of the original contract
value, an additional Performance Guarantee amounting to 5% (five percent) for the excess value
over the original contract value should be deposited by the contractor.

Alternatively, the performance security can be furnished by the Contractor in the form of Fixed
Deposit Receipt (FDR) from a scheduled bank endorsed in favour of the Employer.

The successful bidders, who choose to submit FDR as performance Guarantee, should avail the
facility of auto-renewal at the time of placement of initial deposit, in order to avoid loss of
interest after maturity of the FDR. HRIDC will not be responsible for any loss of interest if the
contractor does not opt for auto renewal facility. No claim on this account will be entertained.

PG shall be submitted by the successful bidder after the letter of acceptance has been issued, but
before signing of the agreement. The agreement should normally be signed within 28 days after
the issue of LOA and the PG shall also be submitted within this time limit. This guarantee shall
be initially valid upto the stipulated date of completion plus60 days beyond that. In case, the
time for completion of work gets extended, the contract or shall get the validity of PG extended
to cover such extended time for completion of work plus 60 days.

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No payment under the contract shall be made to the Contractor before receipt of performance
security.

Failure of the successful tenderer to furnish the required performance security shall be a ground
for the annulment of the award of the Contract and forfeiture of the Earnest Money Deposit.

Retention Money:

Retention money for all contracts shall be recovered from on account/ final bills of the
Contractor @ 10% of gross value of each bill after adjusting Earnest Money Deposit (EMD)
amount till the amount so recovered including EMD amount adds upto 5% of the contract value
of the work.

No interest shall be payable to the Contractor on the amount retained in cash towards retention
money.

Release of Performance Security:

Performance Security shall be returned to the Contractor, subject to the issue of Completion
Certificate by the Engineer in accordance with clause 65 of these conditions. This shall not
relieve the Contractor from his obligations and liabilities, to make good any failures, defects,
imperfections, shrinkages, or faults that may be detected during the defect liability period
specified in the Contract.

Wherever the contract is rescinded, the security deposit shall be forfeited and the
Performance Security shall be cashed and the balance work shall be got
doneindependently without risk and cost of the failed contractor. The failed contractor shall be
debarred from participating in the tender for executing the balance work.

The Engineer shall not make a claim under the Performance Guarantee (PG) except for amounts
to which HRIDC is entitled under the contract (not withstanding and/or without prejudice to any
other provisions in the contract agreement) in the event of:-

1. Failure by the contractor to extend the validity of the PG as described herein above, in
which event the Engineer may claim the full amount of the PG.

2. Failure by the contractor to pay HRIDC any amount due, either as agreed by the
contractor or determined under any of the Clauses/ Conditions of the agreement, within
30 days of the service of notice to this effect by Engineer.

3. The contract being determined or rescinded under provision of the GCC the PG shall be
forfeited in full and shall be absolutely at the disposal of the Engineer.

Release of Retention Money:

i) The Retention Money shall be released to the Contractor after preparation of final bill and
acceptance of the same by the Contractor and after the expiry of the defect liability period
specified in the Contract, reckoned from the date on which the Engineer shall have issued
the Certificate of Completion comprising the whole of works. The retention money shall
be released after all failures, defects, imperfections, shrinkages and faults have been

HARYANA RAIL INFRASTRUCTURE DEVELOPMENT CORPORATION LIMITED 75


rectified by the Contractor to the satisfaction of the Engineer and Defect Liability
certificate is issued by the Engineer.

ii) Release of 50% Retention Money against Bank Guarantee/FDR:

a) For contracts valuing less than Rs.30 Crores:

If requested by the contractor, 50% of the Retention Money may be released on


satisfactory completion of works against submission of Bank Guarantee for an equivalent
amount by the Contractor in the performa annexed as Annexure-III from any scheduled
Bank in India. This Bank Guarantee shall be kept valid till the period of three months
beyond the expiry of Defect Liability Period. Fixed Deposit Receipt (FDR) from a
scheduled bank endorsed in favour of the Employer can be submitted by the Contractor in
lieu of the Bank Guarantee for release of 50% Retention Money.

b) For contracts valuing 30 Crores or more:

If requested by the contractor, 50% of the Retention Money may be released at a stage
when full amount of retention money (i.e. 5% of the contract value) has been recovered

at the stage when not less than 50% financial progress has been achieved against
submission of Bank Guarantee for an equivalent amount by the Contractor in the
performa annexed as Annexure-III from any Scheduled Bank in India. This Bank
Guarantee shall be kept valid till the period of three months beyond the expiry of Defect
Liability Period.

Where different defect liability periods are applicable to different parts of the works, the
expression - "expiration of the defect liability period" shall for the purpose of this clause
be deemed to mean the expiry of last of such periods.

9) INSURANCE

Depending on the nature of work, Contractor’s All Risk (CAR) shall be obtained by
Employer/Engineer at his own cost as per the requirement. Employer/Engineer may take
necessary add on covers and voluntary excess specified elsewhere in the contract, which shall be
binding on the Contractor. At the time of taking policy, possible time over-run, if any, may be
taken into account in deciding the period/validity of the policy. The above insurance shall cover
the risks normally covered under the CAR policy. Any item not covered under the above policy
shall be the responsibility of the Contractor.

Contractor’s claims, if any, shall be entertained within the scope of Insurance policy taken by
Employer/Engineer. This will be subject to:-

Risk covered and voluntary excess selected by Employer/Engineer.

Claims on realisation shall be passed to the Contractor according to value of the claims accepted
by the insurance company for his damaged portion of work after deducting 15% towards services
rendered by Employer/Engineer for processing the claim(s). The amount so disbursed to the
Contractor(s) shall be limited to the amount calculated on the basis of his accepted rates in the
contract with the Employer/Engineer.

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Before commencing of works, it shall be obligatory for the Contractor to obtain, at his own cost,
insurance cover in the joint name of the Contractor and Employer from reputed companies under
the following requirements:

Liability for death of or injury to any person or loss of or damage to any property (other than the
work) arising out the performance of the Contract.

Construction Plant, Machinery and Equipment brought to site by the Contractor.

Any other insurance cover as may be required by the law of the land.

The Contractor shall provide evidence to the Employer/Engineer before commencement of work
at site that the insurances required under the contract have been affected and shall within 60 days
of the commencement date, provide the insurance policies to the Employer/Engineer. The
Contractor shall, whenever, calledupon, produce to the Engineer or his representative the
evidence of payment of premiums paid by him to ensure that the policies indeed continue to be
in force.

The Contractor shall also obtain any additional insurance cover as per the requirements of the
Contract.

The Employer/Engineer shall not be liable for or in respect of any damages or compensation
payable to any workman or other person in the employment of the Contractor or his sub-
contractor or petty contractor. The Contractor shall indemnify and keep indemnified the
Employer/Engineer against all such damages and compensation for which the Contractor is
liable.

The Policies of the Contractor shall remain in force throughout the period of execution of the
works and till the expiry of the defect liability period except for any specific insurance covers
necessary for shorter period.

If the Contractor fails to effect or keep in force or provide adequate cover as acceptable to the
Engineer in the insurance policies mentioned above, then in such cases, the Engineer may effect
and keep in force any such insurance or further insurance on behalf of the Contractor. The
recovery shall be made at the rate of 1.5 times the premium/premiums paid by the Engineer in
this regard from the payment due to the Contractor or from the Contractor’s Performance
Security. However, the Contractor shall not be absolved from his responsibility and/or liability in
this regard.

10) COMMUNICATION BETWEEN EMPLOYER/ENGINEER AND CONTRACTOR

Instructions in writing

Instructions given by the Engineer shall be in writing, provided that if for any reason the
Engineer considers it necessary to give any instructions orally, the Contractor shall comply with
such instructions. Confirmation in writing of such oral instruction given by the Engineer,
whether before or after carrying out of the instructions shall be deemed to be instructions within
the meaning of this sub-clause.

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The Contractor shall also be bound to carry out any instructions issued by Client as confirmed in
writing by the Engineer.

All certificates, notices, written orders or letters, to be given by the Employer or the Engineer to
the Contractor, shall be deemed to have been served, if the same are delivered to the Contractor
or his authorized representative, or delivered or left at or posted by speed post/ registered post to
the given address of the Contractor or Contractor’s registered office or principal place of
business and essentially delivering the same by e-mail to the Engineer duly attached with
scanned copy of such certificates, notices, written orders or letters and Proof of Dispatch (POD)
with a copy to Employer on nominated e-mail address. Such documents shall be deemed to have
been received on the day they are left or delivered, or in the case of postal transmission, on the
daythey would ordinarily have reached but not exceeding 7 days from the date of posting
inclusive of day of posting, in any case.

The contractor shall furnish his postal address/ registered office address and e-mail address for
communication.

Notices to Employer and Engineer

All notices or letters to be given by the contractor to the Employer or to the Engineer, under the
terms of the contract, shall be served by sending by Speed/Registered post or by delivering the
same, to the respective nominated addresses and essentially delivering the same by e-mail to the
Engineer duly attached with scanned copy of such notice (s) or letters and Proof of Dispatch
(POD) with a copy to Employer on nominated e-mail address..

Change of Address

Either party may change the nominated address by prior written notice to the other party.
However, either party shall not change their e-mail address during currency of the contract
without obtaining prior obtaining mutual consent for doing so.

Change in constitution of Firm

In case of any change in the constitution of Contractor’s firm, the same shall forthwith be
notified by the Contractor to the Engineer and the Employer.

11) DUTIES OF ENGINEER AND ENGINEER'S REPRESENTATIVE

Duties and Authority of Engineer

The Engineer shall carryout the duties specified or implied in the Contract including issue of
instructions, decisions, certificates and orders, as are specified in the contract, or necessary for
the observance/administration of the Contract and expeditious and timely completion of the
work.

Duties and authority of Engineer's Representative

The Engineer's Representative shall be responsible to the Engineer. His duties are to supervise
the work and to test and examine any materials to be used or workmanship employed in
connection with the works. He can issue day to day instructions to the Contractor in Site Order

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Book, which should be noted and complied by the Contractor. He shall have no authority to
relieve the Contractor of any of his duties or obligations under the Contract, nor except as
expressly provided hereunder or elsewhere in the Contract, to order any work involving delay or
any extra payment by the Employer, nor to make any variation of or in the works. He is
authorised to measure the works for the purpose of payment.

12) GENERAL OBLIGATIONS OF THE CONTRACTOR

General Responsibility of the Contractor

The Contractor shall comply with the provisions of the Contract with due care and diligence
design (to the extent provided for in the Contract), execute, complete and maintain the works and
remedy the defects in accordance with the provisions of the Contract. The Contractor shall
provide all superintendence, labour, materials, plant,& Equipment and all other things, whether
of a temporary or permanent nature, required in and for such design, execution, completion and
maintenance of works and rectification of any defects, as directed by the Engineer or his
Representative.

Site Operations and Methods of Construction:

The Contractor shall take full responsibility for the adequacy, stability and safety of all site
operations and method of construction .Provided that the Contractor shall not be responsible for
the design and specifications of Permanent works or for the design or specifications of any
temporary works provided by the Engineer. Where the Contract expressly provides that part of
the Permanent Works shall be designed by the Contractor, he shall be fully responsible for that
part of such works, notwithstanding any approval by the Engineer.

Appraisal of Errors / Omissions in the Drawings:

The Contractor shall promptly inform in writing to the Engineer of any error, omission, fault and
other defects, in the design, drawings or specifications for the works which are noticed while
reviewing the Contract documents or in the process of execution of the works.

Compliance with Regulations and Bye-laws:

The Contractor shall comply with the statutory provisions relating to the works, regulations and
by-laws of any local authority and undertaking, including those controlling the utilities such as
water supply, sewerage, telephones, power supply, etc., in whose jurisdiction the work is to be
executed. The Contractor shall be bound to give all notices required by statute, regulations or
bye-laws, as aforesaid. It shall be the responsibility of the Contractor to arrange all necessary
clearances and approvals from the concerned authorities or undertakings before the work is taken
up. However, assistance, if any, may be provided by Engineer/Employer/Client.

Contract Agreement:

The Contractor shall enter into and execute the Contract Agreement in the form of agreement
(Annexure-I) within 28 days from the date of issue of Letter of Acceptance. The stamp papers of
the requisite value as per the prevailing laws shall be provided by the Contractor at his own cost.
Original agreement shall be retained by the Employer/Engineer and a certified copy shall be
made available to the Contractor.

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Contractor’s Representative

When the Contractor is not in a position to be present, he shall keep responsible representative at
site or work place during all working hours, who shall, on receiving a reasonable notice, present
himself to the Engineer, Engineer's Representative or their Assistants. The instructions and
orders given to the Contractor's representative shall be deemed to have the same force as if they
have been given to the Contractor. The Contractor should furnish the necessary Power of
Attorney in favour of his representative for the purpose of this clause. Failure on part of the
Contractor to comply with this provision shall constitute a breach of Contract and may lead to
action under clause 50.0.

13) SUBCONTRACTING

The Contractor shall not subcontract the whole of the works. Except where otherwise provided in
the Contract, the Contractor shall not subcontract any part of the works without the prior consent
of the Engineer in writing. Any such consent shall not relieve the Contractor from any of his
liability or obligation under the Contract and he shall be responsible for the acts, defaults and
neglects of any subcontractor, his representative, servants or workmen as fully as if they were the
acts, defaults or neglects of the Contractor.

Provided that the Contractor shall not be required to obtain such consent for

The provision of labour, or

The purchase of materials which are in accordance with the specifications/standards specified in
the Contract, or

The subcontracting of any part of the works for which the subcontractor is named in the contract.

The purchase of Plants and Equipment for execution of the works.

The hiring of Plants and Equipment for execution of the works.

Any breach of the above conditions shall entitle the Employer/Engineer to rescind the contract.

Provided always that execution of specific works by petty contractors, or on piecework basis,
under the personal supervision of the Contractor, shall not be deemed to be subcontracting under
this clause.

14) PROVISIONS OF EFFICIENT AND COMPETENT STAFF

The Contractor shall employ and keep on the works at all times efficient and competent staff to
give necessary directives to his workers to see that they execute works in a safe and proper
manner. The Contractor shall employ only such supervisors and workmen as are capable, careful,
and skilled. The Engineer shall be at liberty to object to and order the Contractor to remove
forthwith from the works, any person employed by the Contractor in or about the execution of
works or maintenance of works, who, in the opinion of the Engineer, misconducts himself or is
incompetent or negligent in the proper performance of his duties or whose employment is
otherwise considered by the Engineer to be undesirable and such person shall not be employed

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again in the works without the written permission of the Engineer. Any person so removed from
the works shall be replaced as soon as possible by a competent substitute.

15) PROGRAMME OF WORK

The Contractor shall submit the programme for completion of work to the Engineer for his
approval within 15 days from the date of receipt of letter of acceptance. Unless otherwise
directed, the programme shall be in the form of Bar-Chart showing proposed execution of
quantities of principal items of work. The programme shall be related to the capability of
equipment proposed to be deployed and site conditions. The Contractor shall also provide in
writing methodology for execution of major items of work as desired by the Engineer. The
submission and approval of such programme shall not relieve the Contractor of any of his duties
or responsibilities or obligations under the contract. The Engineer shall have full power and
authority during the progress of work, to issue such instructions as may be necessary for the
proper and adequate execution of the work.

16) COMMENCEMENT OF WORK

The Contractor shall commence the works within the time limit as specified in the Letter of
Acceptance.

17) ACCESS TO SITE OF WORK

Access to Engineer

The Engineer or the Engineer’s Representative, shall at all times have access to the works and to
all workshops and places, where work is being performed and from where materials,
manufactured articles or machinery are being obtained for the works, and the Contractor shall
afford every facility and every assistance in obtaining the right to such access.

Access Road

The Contractor shall provide necessary access roads to the site of work, from the nearest public
thoroughfare/right of way, at his own cost, unless otherwise provided for in the contract.

18) SETTING OUT

The Contractor shall be responsible for the true and proper setting out of the works using his own
survey instruments, appliances and labour. If at any time during the progress of works, any error
appears or arises in any part of the work, the Contractor on being required to do so by the
Engineer, shall at once rectify such error, to the satisfaction of the Engineer. The Contractor shall
also provide all necessary assistance in the form of labour and materials to Engineer or his
representatives for checking the set out with his own instruments. The checking of any setting
out, or of any line or level by the Engineer’s representative shall not any way relieve the
Contractor of his responsibility for the correctness thereof. The Contractor shall carefully protect
and preserve all bench marks, reference pillars, pegs, and other things used in setting out the
works.

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19) TEMPORARY WORKS

All temporary works necessary for the proper execution of the works shall be provided and
maintained by the Contractor at his own cost. All detailed working drawings, design, design
calculations and fabrication drawings for important temporary works as decided by the Engineer,
shall be prepared by the Contractor at his own cost and forwarded to the Engineer at least 30
days in advance of actual constructional requirements for his approval. Such approval shall not,
however, relieve the Contractor of any of his responsibility in connection with the temporary
works.

When the temporary works are no longer required, the Contractor shall remove the same at his
own cost. In the event of failure on the part of the Contractor to remove the temporary works, the
Engineer will cause them to be removed and cost incurred for removal, supervision, and other
incidental charges shall be recovered from the Contractor.

20) SPECIFICATIONS AND DRAWINGS

The Contractor shall keep at site in good condition one copy of latest approved Specifications
and Drawings and also such other Contract documents as may be necessary and make them
available to the Client/Employer/Engineer or his Representative at all reasonable times. Any
specification& drawing shall not be used on any other work or communicated to a third party by
the Contractor.

Adherence to Specifications and Drawings

The work shall be executed in perfect conformity with the specifications and drawings of the
Contract issued to the Contractor by the Engineer from time to time. If the Contractor does any
work or part of work in a manner contrary to the specifications or drawings without the approval
of the Engineer, he shall bear all the costs arising there from including dismantling and
reconstruction strictly in accordance with the specifications and drawings and shall be
responsible for all the losses/delays to theEmployer/Engineer. The term drawings in this sub-
clause also include the drawings prepared by the Contractor and approved by the Engineer.

Meaning& Intent of Specifications and Drawings

If any ambiguity arises as to the meaning and intent of any portion of the specifications and
drawings or as to execution or quality of any work or material or as to the measurement of the
works, the decision of the Engineer thereon shall be final and binding.

21) INDEMNITY BY THE CONTRACTOR

21.1 Indemnity against all actions of Contractor

The Contractor shall hold and save harmless and indemnify the Client/Employer/Engineer and
their employees, from all actions, suits, proceedings, loss, costs, damages, charges, claims and
demands of every nature and description brought against or recovered from the
Client/Employer/Engineer and their employees by reason of any act or omission of the
Contractor and/or his representative and/or his Employees and/or his sub-contractors in the
execution of the works or in the guarding of the same. All the sums payable by
Client/Employer/Engineer by way of compensation under any of these conditions, shall be

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recovered from the dues of the Contractor, without reference to the actual loss or damage
sustained, and whether or not any damage shall have been sustained.

Indemnity against all Claims of Patent rights and Royalties

The Contractor shall hold and save harmless and indemnify the Client/Employer/Engineer, his
officers and Employees from and against all claims and proceedings for or on account of
infringement by the Contractor of copyright, any patent rights, design, trademark or name, secret
process, patented or unpatented invention, articles or appliances manufactured or used for or in
connection with the works and from and against all claims, proceedings, costs, damages, charges,
and expenses whatsoever in respect thereof or in relation thereto. The Contractor shall pay all
royalties, taxes, rent and other payments or compensation, if any, for getting the materials
required for the works and due fulfilment of the contract and indemnify
Client/Employer/Engineer against any claims in this regard.

22) DAMAGE TO LIFE AND PROPERTY:

The Contractor shall be responsible for all risks to works, nearby existing structures and life of
his supervisors and workmen as also those of Employer/Client or any trespassers from whatever
cause in connection with the works until these are taken over by Client/ Employer/ Engineer. The
Contractor shall make good at his own expenses all loss or damages to life and property.

23) SAFETY OF PUBLIC AND PUBLIC UTILITIES

i) Existing road or water courses or any other utility shall not be blocked, cut through,
altered, diverted or obstructed in any way by the Contractor, except with the permission
of the Engineer. All compensation claimed by any Department/Organisation for any
unauthorized closure, cutting through, alteration, diversion or obstruction to such roads or
water courses by the Contractor or his staff shall be recovered from any moneys due to
the Contractor.

ii) During progress of work in any street or thoroughfare, the Contractor shall make
adequate provision for the passage of traffic, for securing safe access to all premises
approached from such street or thoroughfare and for any drainage. Water supply, sewer
lines, Electrical and Telecommunication cables/wires etc. which may be interrupted by
reason of execution of works shall be protected/diverted and maintained by the
Contractor at his own cost. Barriers, lights and other safeguards as prescribed by the
Engineer for the regulation of traffic including watchmen necessary to prevent accidents
shall be provided by the Contractor at his own cost.

iii) The Contractor shall be responsible for taking all precautions to ensure safety of the
public utilities and public in the vicinity of works and shall post such watchmen at his
own cost as may, in the opinion of the Engineer, be necessary to comply with the
regulations applying to the work and to ensure safety.

iv) Should the Contractor fail to implement the provisions as required in the above sub-
clauses, the Engineer may provide necessary arrangements and the cost of the same shall
be recovered from the Contractor’s payments/dues.

24) OTHER SAFETY PROVISIONS

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24.1 Safety of Labour and others

The Contractor shall, at his own expense, arrange for the safety provisions as required by any
law in force, in respect of the labour employed directly or indirectly for performance of the
works, and shall provide all facilities in connection therewith.

24.2 Safety of works

The Contractor shall provide and maintain at his own cost, all lights, guards, signage, signalmen,
fencing and watching arrangements when and where necessary, or as required by the Engineer
for the protection of the works or for safety and convenience of those employed on works or of
the public.

24.3 Mere observance of these precautions shall not absolve the Contractor of his liability in
case of loss or damage to property, or injury to or death of any employee/labour of
Contractor, Client or Employer/Engineer or any member of the public.

24.4 Recovery of the cost from the Contractor

Should the Contractor fail to implement the provisions as required in the preceding sub-clauses
24.1& 24.2, the Engineer may provide necessary arrangements and the cost of the same shall be
recovered from the Contractor’s payments/dues.

25) PROTECTION OF ENVIRONMENT

During execution of works, the Contractor and his sub-contractors, petty contractors shall abide
at all times by all existing enactments on environmental protections and rules made thereunder,
regulations, notifications and bye-laws of the State or Central Government or local authorities
and any other law, bye-law, regulation that may be issued in this respect in future by the State or
Central Government or local authority. Salient features of some of the laws that are applicable
are given below:-

i) The Water (Prevention and Control of Pollution) Act, 1974: This provides for the
prevention and control of water pollution and maintaining and restoring of
wholesomeness of water. “Pollution” means such contamination of water or such
alteration of the physical, chemical or biological properties of water or such
discharge of any sewage or trade effluent or of any other liquid, gaseous or solid
substance into water (whether directly or indirectly) as may, or is likely to, create a
nuisance or render such water harmful or injurious to public health or safety, or to
domestic, commercial, industrial, agricultural or other legitimate uses, or to the life
andhealth of animals or plants or of aquatic organisms.

ii) The Air (Prevention and Control of Pollution) Act, 1981: This provides for prevention,
control and abatement of air pollution. “Air Pollution” means the presence in the
atmosphere of any “air pollutant”, which means any solid, liquid or gaseoussubstance
(including noise) present in the atmosphere in such concentration as may be or tend to be
injurious to human beings or other living creatures or plants or property or environment.

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iii) The Environment (Protection) Act, 1986: This provides for the protection and
improvement of environment and for matters connected therewith, and the prevention of
hazards to human beings, other living creatures, plants and property. Environment
includes water, air and land and the inter-relationship which exists among and between
water, air and land, other living creatures, plants, micro-organism and property.

iv) The Public Liability Insurance Act, 1991: This provides for public liability insurance for
the purpose of providing immediate relief to the persons affected by accident occurring
while handling hazardous substances and for matters connected herewith or incidental
thereto. Hazardous substance means any substance or preparation which is defined as
hazardous substance under the Environment (Protection) Act, 1986, and exceeding such
quantity as may be specified by notification by the Central Government.

26) CARE OF WORKS

From the commencement of the work until completion, acceptance and final takeover of the
works by the Engineer, the Contractor shall take full responsibility for the care of all works
including temporary works. In case any damage, loss or injury happens to the work or to any
temporary works from any cause whatsoever, the Contractor shall at his own cost repair and
make good the same so that on completion and at the time of final take over, the work shall be in
good condition and in conformity in every respect with the requirements of the contract and the
Engineer’s instructions.

27) USE OF EXPLOSIVES

Explosives shall not be used on the works or site by the Contractor without the written
permission of the Engineer and only in the manner and to the extent such permission is given.
When explosives are required for works they shall be stored in a special magazine, to be
provided by the Contractor at his own cost, in accordance with the provisions of law on
Explosives. The Contractor shall take all precautions in using the explosives and prevent damage
to nearby properties and utilities. The Contractor shall also obtain necessary license for the
storage and the use of explosives from the concerned authorities. All operations in which or for
which explosives are used shall be at the risk and responsibility of the Contractor and the
Contractor shall indemnify the Client/Employer/ Engineer and their employees in respect
thereof.

28) OCCUPATION AND USE OF LAND

No land belonging to or in the possession of the Client/Employer/Engineer shall be occupied by


the Contractor without written permission of the Engineer. The Contractor shall not use, or allow
the site to be used for any purpose other than that of executing the works.

29) EXCAVATED MATERIALS

The Contractor shall not use, sell or otherwise dispose off, or remove, except for the purpose of
this Contract sand, clay, ballast, earth, rock or any other substance or materials, which may be
obtained from any excavation made. All such items shall be the property of the Client. The
Contractor may be permitted by the Engineer to use the same for the purpose of works on
mutually agreed payment terms.

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30) RELICS AND TREASURES

All gold, silver, coins, oil and other minerals of any description, and precious stones of all kinds,
treasures, antiques, fossils and other similar things, which shall be found in or at site, shall be the
property of the Client and the Contractor shall duly preserve the same to the satisfaction of the
Engineer, and from time to time deliver the same to such person or persons, as the
Client/Engineer may appoint to receive the same.

31) CO-OPERATION WITH OTHER CONTRACTORS

The Contractor shall in accordance with the requirements of the Engineer, cooperate with and
afford all reasonable opportunities for carrying out the work by other Contractors engaged by the
Client/Employer/Engineer or any other Authority.

32) WORK DURING NIGHT

Unless specifically provided elsewhere in the Contract, the Contractor shall not carry out any
work between sunset and sunrise without the prior permission of the Engineer. In case of any
grave emergency or in order to avoid risk to property and life or to prevent damage to utilities or
to restore them, work may be done at night also without the prior permission of the Engineer, but
intimation to this effect should be sent to him immediately. No increase in rates or extra payment
shall be admissible for the night work. The Contractor shall make adequate lighting and safety
arrangements for night working. He shall also be responsible for any claim on account of any
injury to or loss of life, of any one, arising out of inadequate lighting, safety arrangements or due
to any other failure of the Contractor.

33) SHEDS, STORES, YARDS

The Contractor shall at his own expense provide and maintain sheds, store-houses and yards at
such locations and in such numbers as in the opinion of the Engineer are necessary for carrying
out the works. The Engineer and the Engineer’s representatives shall have free access to the said
sheds, storehouses and yards at any time for the purpose of inspecting the stock of materials and
plant so kept in hand. Any materials or plant which the Engineer may object to shall not be
brought upon or used in the works and shall forthwith be removed from the sheds, storehouses or
yards by the Contractor.

34) ENGINEER’S MATERIALS

34.1 Materials to be supplied by the Engineer

After the acceptance of tender, the Contractor shall make request in writing to the Engineer for
the materials to be supplied by the Engineer, if any, in accordance with the approved programme
for execution of works.

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34.2 Cost to be borne by Contractor

The materials shall be issued to the Contractor at the Engineer’s depots or near the project site.
The Contractor shall bear the cost of loading, transporting to site, unloading, storing safely under
cover, as required.

34.3 Return of surplus materials

All surplus materials issued to the Contractor by the Engineer for use, incorporation or fixing in
the works (including preparatory works, if any) shall, on completion of or before closure of
works, be returned by the Contractor at his expense. However, the materials considered
unserviceable by the Engineer shall not be taken back.

34.4 Credit for returned materials

Surplus materials returned by the Contractor in acceptable condition to the Engineer shall be
credited to the Contractor by the Engineer.

34.5 Accountable of the materials issued by the Engineer including recovery etc. shall be in
accordance with the Special Conditions of Contract.

35) TOOLS, PLANT AND EQUIPMENT

Except for any specific item mentioned in the contract, the Contractor shall have to make his
own arrangements, at his own cost, Plant, Machinery and Equipment required for execution and
completion of all works to the entire satisfaction of the Engineer. This shall also include all other
associated equipment, tools/tackles, spare parts, POL, consumables, stores, manpower as
required for the execution of works.

36) PLANT AND MATERIALS OF THE CONTRACTOR

36.1 Contractor’s plant/materials at site to be exclusive to the work

All constructional plant and materials brought on the site by the Contractor be deemed to be
exclusively intended for the execution of the work or part of the work and the Contractor shall
not remove the same without the permission of the Engineer till completion of work or part of
work.

36.2 Removal of constructional plant/materials from site

Upon completion of the works, the Contractor shall remove from the site all the said
constructional plant remaining thereon and unused materials belonging to the Contractor.

36.3 Loss or damage to constructional plant/materials

The Employer/Engineer shall not at any time be liable for the loss of or damage to any of the
said constructional plant, temporary works or materials.

36.4 Assistance to Contractor for re-export of plant

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In respect of any constructional plant which the Contractor shall have imported for the purposes
of the works, the Employer/Engineer may assist the Contractor, where required in procuring any
necessary government consent for re-export of such constructional plant by the Contractor after
the completion of the works.

36.5 Assistance to Contractor for customs clearance

The Employer/Engineer may assist the Contractor, where required, in obtaining clearance
through the customs of constructional plant, material and other things required for the works.
This shall not dilute in any way the Contractors' obligations and responsibilities under the
contract.

37) CONTRACTOR TO KEEP SITE CLEAR

During the progress of works, the Contractor shall keep the site reasonably clean and free from
obstructions and shall store neatly construction plant and materials.

38) HEALTH AND SANITARY ARRANGEMENTS FOR WORKERS

No quarters shall be provided by the Employer/Engineer for the accommodation of Contractor or


any of his staff employed on works.

Provision of labour Camp

The Contractor, shall, at his own expense, make adequate arrangements for the housing, supply
of drinking water, electricity, canteen and provision of latrines and urinals, for his staff and
workmen employed on the work, directly or through petty Contractors or sub-Contractors and for
temporary crèche (Bal-mandir) where 50 or more women are employed at a time. All camp sites
shall be maintained in clean and good sanitary conditions, by the Contractor, at his own cost.

Compliance with Rules for employment of labour

The Contractor shall comply with all laws, bye-laws, rules and regulations in force, pertaining to
employment of local or imported labour, and shall take all necessary precautions to ensure and
preserve the health and safety of all staff/workmen, employed on the works directly or through
petty Contractors or sub-Contractors.

Medical facilities at site

The Contractor shall, at his own cost, provide first aid and medical facilities at site as may be
prescribed by the Engineer.

Use of Intoxicants
No sale of alcoholic drinks and/or intoxicating drinks or drugs shall be permitted by the
Contractor at or near the site. The Contractor shall also ensure that no labour or employee is
permitted to work at the site in an intoxicated state or under the influence of any drugs or drinks.

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39) ENGAGEMENT OF LABOUR

The Contractor shall make his own arrangements for the engagement of all labour, except as
provided otherwise in the contract.

The Contractor shall not employ any labour below the age prescribed in any labour legislation,
directly or through petty Contractors or sub-Contractors, for execution of the work.

40) WAGES OF LABOUR

40.1 Wages under relevant laws

In dealing with labour and employees, the Contractor and his subcontractors (including piece rate
and petty Contractors) shall comply fully with all laws and statutory regulations such as -

Workmen’s Compensation Act, 1923


Payment of Gratuity Act,1972
Employees Provident Funds and Miscellaneous Provisions Act, 1952
Maternity Benefits Act, 1951
Contract Labour (Regulations and Abolition) Act, 1970
Minimum Wages Act 1948
Payment of Wages Act 1936
Equal Remuneration Act 1979
Payment of Bonus Act 1965
Industrial Dispute Act 1947
Industrial Employment (Standing Orders) Act 1946
Trade Union Act 1926
Child Labour (Prohibition and Regulation) Act 1986 Inter-State Migrant Workmen (Regulation
of Employment and Conditions of Service) Act 1979

The Buildings and Other Construction Workers (Regulation of Employment and Conditions of
Service) Act 1996andCess Act of 1996. The Factories Act 1948.
and other laws or Regulations framed by competent legislative authorities from time to time as
may be applicable. In accordance with the various Acts and Regulations with all upto date
amendments, the Contractor shall ensure that he and his subcontractors (including petty and
piece rate Contractors) observe strictly inter-alia the following:

Wages paid are not less than those prescribed.


Wages and other dues are paid regularly and in time.
Liens/licenses are obtained as required under any of the acts or regulations.
Maintain prescribed records, submit necessary statements to authorities concerned and display
required notices.
Take prompt action on any instructions / directions from the authorities under various labour
laws.

40.2 Claims on account of violation of labour laws

If any moneys shall as a result of any instructions, directions or decisions from the authorities or
claim or application made under any of the labour laws or regulations be directed to be paid by
the Engineer because of any failure of the Contractor, such moneys shall be deemed to be

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moneys payable to the Engineer by the Contractor and on failure of the Contractor to repay the
Engineer any moneys paid or to be paid as aforesaid within seven days after the same shall have
been demanded, the Engineer shall be entitled to recover the amount from any moneys due or
becoming due to the Contractor under this or any other contract with the Employer. The
Engineer shall not be bound to contest any such claim or demand unless the Contractor makes a
written request for it, and Contractor’s reasons for contesting are considered reasonable by the
Engineer and the Contractor deposits the full cost that the Engineer may have to incur in
contesting the case.

41) REPORTING OF ACCIDENTS INVOLVING LABOUR

The Contractor shall be responsible for safety of all employees/labour employed by him on
works, directly or through petty Contractors or sub-Contractors and shall report accidents,
occurring on works to the Engineer or the Engineer’s representative, and shall make every
arrangement to render all possible assistance and to provide prompt and proper medical attention.
In case of fatal accident, it will be Contractor’sresponsibility to report accident to police keeping
the Engineer advised of the same. The compensation for affected workers or their relatives shall
be paid by the Contractor in such cases with utmost expedition in accordance with the
Workmen’s Compensation Act.

42) SUPPLY OF WATER AND ELECTRIC POWER

Unless otherwise provided elsewhere in the Contract, the Contractor shall be responsible for
making arrangements at his own cost to obtain supply of water and/or electrical power, necessary
for execution of the works and during defect liability period. In the event the Engineer is in a
position to supply water or electrical power, or both, required for works, such supply shall be
given only at one point. The cost of making necessary arrangements to the Engineer's
distribution system and laying of necessary pipe line, specials, valves, meters etc. for water
supply or the laying of underground/overhead conductor, circuit protection, electric power
meters and transmission structures in case of electric power shall be borne by the Contractor. The
Contractor shall also bear the running cost of water and power supplied, the rates for which shall
be determined and notified by the Engineer. The decision of the Engineer on such cost shall be
final and binding. Any increase in water/power tariff by supplying agencies shall also be borne
by the Contractor.

43) REPAIR TO DAMAGES

The Contractor shall be responsible for rebuilding/repairs of any damage by any reasons not
attributable to the design defect (where design is supplied by Engineer/Client) during execution
of works or Defect Liability Period. In case the Contractor is unable or unwilling to execute such
repair works promptly, the Engineer may get the same done by engaging another agency or using
labour, materials andresources as may be considered necessary and the cost of such remedial
works shall be recovered from the Contractor’s dues. The decision of the Engineer regarding
reasons of the damage shall be final and binding.

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44) IMPLEMENTATION OF QUALITY, SAFETY, HEALTH AND ENVIRONMENT
MANAGEMENT SYSTEM

Contractor shall provide and ensure the use of safety gadgets like Safety- shoes, helmets, gloves,
jackets, mask etc. as required for all workers and staff. The Contractor shall provide and erect
safety barricades as required, display safety posters and instructions regarding safety.

The Contractor shall prepare a Project Safety Manual and get it approved by the Project Head.
The Contractor will own the ultimate responsibility of all aspects of Safety, Health and
Environmental upkeep of the work place and its surroundings.

The Contractor will facilitate safety checks and checks on compliance to all the norms as per the
Project Safety Manual by PH or the nominated Safety Officer at regular interval.

The Employer may, at their discretion undertake such corrective measures as deemed fit for
immediate restoration of safe conditions at the work place at the cost of the Contractor and
recover the cost from Contractor's running bills. The contractor will keep the Employer
indemnified against any corrective action by the Employer. In addition to such recourse, the
penalty for each violation will be enforced as under, without issuing any show cause notice for
the same:-

S. Nature of Violation Penalty


N.
1.0 Non preparation of Site Safety Rs. 10,000/-
Plan before the first running bill.
2.0 Violation of safety norms pointed Rs.10,000/- for each
out by inspecting officials, such violation subject to
as deficient documentations or maximum 1%of the
safety gadgets or lack of contract value in all.
supervision/ process control etc.
3.0 Injury to worker leading to Rs. 25,000/- for each case
stoppage of work
4.0 Fatalities to workers at work Rs. 5.0 Lakh for each
related accidents mortality
5.0 Repetition of violation May lead to termination
of work

The Contractor shall arrange timely calibration of all his measuring and testing equipment at his
own cost from reputed laboratory and supply of calibration certificates to the Engineer.

The Contractor shall ensure maintenance and overhauling of all his plant and machinery as per
guidelines issued by manufacturer/ vendor/ Engineer.

The Contractor shall arrange to provide test certificates issued by manufacturers of materials
supplied by him and also arrange the testing of materials from approved laboratory at his own
cost, as required and supply test certificates to the Engineer.

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The Contractor shall provide work instructions/ check lists for proper execution of work. The
Contractor shall also maintain all relevant records and documents properly and same shall be
made available to the Engineer as required.

45) MATERIALS AND WORKMANSHIP

45.1 Material and workmanship as per Specifications

i. All materials and workmanship shall be as per the contract and in accordance with the
Engineer’s instructions and shall be subjected to such tests as the Engineer may direct.
The Contractor shall provide all such assistance, instruments, machines, labour and
materials required for examining, measuring and testing any work and materials used.
The Contractor shall supply samples of material before incorporating in the works for
testing as may be selected and required by the Engineer.

ii. The sources of materials to be used in the works shall be intimated to the Engineer and
are subject to his approval.

45.2 Supply of sample

All samples shall be supplied by the Contractor at his own cost.

45.3 Cost of tests of Materials and Workmanship

The cost of carrying out any tests in a reputed laboratory as acceptable to the Engineer shall be
borne by the Contractor except for the materials to be supplied by the Engineer.

46) REMOVAL OF IMPROPER MATERIALS AND WORKS

i. The Engineer shall have the authority to order in writing from time to time:

The removal from site within specified time, of any material, which in the opinion of the
Engineer, is not in accordance with the Specifications and Conditions of the Contract.

The substitution of defective material by approved quality material; and

The removal and proper re-execution, notwithstanding any previous decision or interim payment
thereof, of any work which in respect of materials or workmanship is not, in the opinion of the
Engineer, in accordance with the contract.

In case of default on the part of the Contractor in carrying out such order, the Engineer shall be
entitled to get the same done by engaging another agency or by deploying labour, materials and
other resources. All such cost shall be recovered from the Contractor’s dues.

47) EXAMINATION OF WORK BEFORE COVERING UP

No work or part of work shall be covered up or putout of view, without the prior approval of the
Engineer or the Engineer’s representative. If any work shall be covered up or put beyond the
reach of inspection/measurement without the prior approval of the Engineer or Engineer’s
representative, the same shall be uncovered by the Contractor at his own cost.

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48) SUSPENSION OF WORKS ORDERED BY THE ENGINEER

The Contractor shall, on the order of the Engineer, suspend the works or any part thereof, for
such time, and in such manner, as the Engineer may consider necessary, and shall during such
suspension, properly protect and secure the works so far as it is necessary in the opinion of the
Engineer.

The Contractor shall not be entitled to extra cost, if any, incurred by him during such suspension
if such suspension is on account of weather conditions or requirement for execution of works or
provided for in the Contract or for less than 30 days at a time for any other reason. The
Contractor shall, however, be entitled for extension of time for completion of work as the
Engineer may consider proper having regard to the period of suspension. However, if the
suspension is ordered by the Engineer due to any default of the Contractor such as defective
materials, workmanship etc., the Contractor shall not be entitled to any extension or extra cost
incurred.

49) DELAY AND EXTENSION OF CONTRACT PERIOD

The time allowed for execution and completion of the works or part of the works as specified in
the contract, shall be essence of the contract on the part of the Contractor.

As soon as it becomes apparent to the Contractor, that the work and / or portions thereof
(required to be completed earlier), cannot be completed within the period(s) stipulated in the
contract, or the extended periods granted, he shall forthwith inform the Engineer and advise him
of the reasons for the delay, as also the extra time required to complete the works and / or
portions of work, together with justification thereof. In all such cases, whether the delay is
attributable to the Contractor or not, the Contractor shall be bound to apply for extension well
within the period of completion/extended period of completion of the whole works and / or
portions thereof.

Extension due to modifications

If any modifications are ordered by the Engineer or site conditions actually encountered are such,
that in the opinion of the Engineer the magnitude of the work has increased materially, then such
extension of the stipulated date of completion may be granted, as shall appear to the Engineer to
be reasonable.

Delays not due to Employer/Contractor.

If the completion of the whole works (or part thereof which as per the contract is required to be
completed earlier), is likely to be delayed on account of:

Any force majeure event referred to in Clause 71.0 or

Delay on the part of other Contractors engaged directly by the Client/Employer, on whose
progress the performance of the Contractor necessarily depends or any relevant order of court or

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Any other event or occurrence which, according to the Engineer is not due to the Contractor’s
failure or fault, and is beyond his control;

The Engineer may grant such extensions of the completion period as in his opinion is reasonable.

49.5 Delays due to Employer/Engineer.

In the event of any failure or delay by the Employer/Engineer in fulfilling his obligations under
the contract, then such failure or delay, shall in no way affect or vitiate the contract or alter the
character thereof; or entitle the Contractor to damages or compensation thereof but in any such
case, the Engineer shall grant such extension or extensions of time to complete the work, as in
his opinion is / are reasonable.

49.6 Delays due to Contractor and Liquidated Damages:

If the delay in the completion of the whole works or a part of the works, beyond stipulated
completion period, is due to the Contractor’s failure or fault, and the Engineer feels that the
remaining works or the portion of works can be completed by the Contractor in a reasonable and
acceptable short time, then, the Engineer may allow the Contractor extension or further extension
of time, for completion, as he may decide, subject to the following:

Without prejudice to any other right or remedy available to the Engineer, recover by way of
liquidated damages and not as penalty, a sum equivalent to quarter of one percent (0.25%) of the
contract value of the works, for each week or part of a week the Contractor is in default.

If the delay relates only to a portion of the works with a separate and earlier completion period,
the contract value shall be restricted to the cost of that portion of the works only.

The recovery on account of compensation for delay shall be limited to 5% of the contract value
of the works, or the portion of the works, as the case may be.

The recovery of such damages shall not relieve the Contractor from his obligation to complete
the work or from any other obligation and liability under the contract.

49.7 Engineer’s decision on compensation payable being final

The decision of the Engineer as to the compensation, if any, payable by the Contractor under this
clause shall be final and binding.

49.8 Time to continue to be treated as the essence of contract in spite of extension of time.

It is an agreed term of the contract that notwithstanding grant of extension of time under any of
the sub-clauses mentioned herein, time shall continue to be treated as the essence of contract on
the part of the Contractor.

50) DETERMINATION OF CONTRACT DUE TO CONTRACTOR’S DEFAULT

Conditions leading to determination of contract

If the Contractor

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a. becomes bankrupt or insolvent, or,

b. makes arrangements with or assignment in favour of his creditor, or agrees to carry out
the contract under a committee of inspection of his creditors or

c. being a company or corporation goes into liquidation by a resolution passed by the Board
of Directors/ General Body of the share-holders or as a result of court order (other than
voluntary liquidation for the purpose of amalgamation or reconstruction) ; or

d. has execution levied on his goods or property or the works, or

e. assigns or sublets the contract or any part thereof otherwise than as provided for under
conditions of this contract, or

f. abandons the contract, or

g. persistently disregards instructions of the Engineer or contravenes any provisions of the


contract, or

h. fails to adhere to the agreed programme of work or fails to complete the worksor parts of
the works within the stipulated or extended period of completion, or isunlikely to
complete the whole work or part thereof within time because of poor record of progress;
or

i. fails to remove materials from the site, or pull down and replace work, after receiving
notice from the Engineer to the effect that the said materials or works have been
condemned or rejected, or

i fails to take steps to employ competent and/ or additional staff and labour, or

j. fails to afford the Engineer or his representative proper facilities for inspectingthe works
or any part thereof,
or

promises, offers or gives any bribe, commission, gift or advantage, either himself or
through his partners, agents or servants to any officer or employee of the Engineer or the
Employer, or to any person on their behalf, in relation to obtaining or execution of this or
any other contract with the Employer, or

l. suppresses or gives wrong information while submitting the tender.

In any such case the Engineer on behalf of the Employer may serve the Contractor with a notice
in writing to that effect and if the Contractor does not, within 7 days after delivery to him of such
notice, proceed to make good his default in so far as the same is capable of being made good,
and carry on the work or comply with such instructions as aforesaid to the entire satisfaction of
the Engineer, the Employer shall be entitled after giving 48hours notice in writing to terminate
the contract, as a whole in terms of sub-clause no. 8.4(b) and 8.4(c).

ii. In such a case of termination, the Employer/Engineer may adopt the following courses

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a) Take possession of the site and any materials, constructional plants, equipment, stores,
etc.

b) Measure up the balance work from which the Contractor has been removed, and get it
completed by another Contractor. The manner and method, in which such work is to be
completed, shall be entirely at the discretion of the Engineer whose decision shall be final and
binding.

c) Carry out the balance work from which the Contractor has been removed, by the
employment of the required labour, materials, plants and equipment and other resources.

Entitlement of Employer/Engineer:

In cases described in sub-clause 50.1 (ii) above, the Employer/Engineer shall be entitled to
forfeit the Security Deposit and encash the Performance Security amount as a whole in terms of
sub-clause no.: 8.4.

51) DETERMINATION OF CONTRACT ON EMPLOYER/ENGINEER’SACCOUNT:

The Employer/Engineer shall be entitled to determinate the contract, at any time, should, in the
Employer/Engineer’s opinion, the cessation of works becomes necessary, owing to paucity of
funds or due to court orders or from any other cause whatsoever. Notice in writing from the
Employer/Engineer of such termination and reasons therefore, shall be conclusive evidence
thereof. In such a case, the value of approved materials actually brought to the site and of work
done upto date by the Contractor, shall be paid for in full by the Employer/Engineer, at rates
specified in the contract. If rates for any materials or items of work are not available in the
contract, these shall be fixed by the Engineer in terms of clause 59.0.

In case of determination of contract on Employer/Engineer’s account as described above, the


claims of the Contractor towards expenditure incurred by him in the expectation of completing
the whole works, shall be admitted and considered for payment as deemed reasonable and are
supported by the documents/vouchers etc. to the satisfaction of Employer/Engineer. The decision
of the Employer/Engineer on the necessity and propriety of such expenditure shall be final and
conclusive.

However, the Contractor shall have no claim to any payment of compensation or otherwise, on
account of any profit or advantage which he might have derived from the execution of the work
in full but which he could not in consequence of determination of contract under this clause.

Plant, Equipment and tools as well as unutilized materials supplied by the Employer / Engineer
to the Contractor shall be returned inacceptable conditions at Engineer’s depot at Contractor’s
cost. The Engineer shall be entitled to recover the cost of unreturned Plant, Equipment and tools
as well as unaccounted materials from the Contractor. The amount to be recovered from the
Contractor shall be decided by the Engineer whose decision in this regard shall be final and
binding. The Contractor shall have to pay back unrecovered portion of advances made to him,
together with accrued interest there on. In case, the Contractor defaults, the Engineer shall
recover the amounts from any payment due to the Contractor, or from the Performance Security

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or by encashing the Bank Guarantees given by the Contractor for securing the advances or for
any other purpose. This is without prejudice to other remedies available to the
Employer/Engineer.

52) DEATH OF CONTRACTOR/ PARTNER

If the Contractor is an individual or a sole proprietary concern, and the individual or a sole
proprietor dies, or if the Contractor is a partnership concern and one of the partners dies, in that
case, unless the Employer/Engineer is satisfied that the legal representative of the individual
Contractor or of the sole proprietor, as the case may be, or in the case of partnership firm, all
surviving partners are capable of carrying out and completing the contract, the
Employer/Engineer shall be entitled to rescind the contract as to its incomplete part. In that
event, the Employer/Engineer shall not be liable to pay anycompensation to the legal heirs of the
deceased Contractor and / or to the surviving partners of the Contractor’s firm, on account of
such cancellation of contract. The Engineer’s decision as to whether the legal representatives of
the deceased Contractor or surviving partners of the Contractor are capable of carrying on and
completing the contract shall be final and binding on the parties. Provided further that the legal
representatives of the deceased Contractor or the surviving partners shall also not be liable to pay
any damages, alleged or actually suffered by the Employer/Engineer, in respect of incomplete
part of the contract. Any liability incurred by the deceased Contractor, or by the deceased partner
of the contracting firm, before his death, shall be recovered from the legal representatives of the
deceased Contractor or from the surviving partners of the said contracting firm as the case may
be.

53) EMPLOYMENT OF RETIRED OFFICERS / ENGINEER OF EMPLOYER / ENGINEER

No Officer/Engineer of the Employer is allowed to work as a Contractor or his employee for a


period of two years after his retirement/resignation from the service of the Employer without the
prior permission of the Employer.

54) MODIFICATION TO CONTRACT

In the event of any provisions of the contract requiring to be modified after the agreement has
been signed, the modifications shall be made in writing and signed by the Employer/Engineer
and the Contractor or his authorised representative. Such modifications will not be effective until
the same have been signed by both the parties. Any verbal or written arrangements for
abandoning, modifying extending, reducing or supplementing the contract, or any of the terms
thereof shall be deemed to be provisional and shall not be binding on the Employer/Engineer
unless and until the same are incorporated in a formal instrument and signed by the
Employer/Engineer and the Contractor.

55) MODIFICATIONS TO WORK

TheEngineer shall be competent to order in writing to enlarge or extend, diminish or reduce the
works or make any alterations in their design, character, position, site, quantities, dimensions or
in the method of execution or use of materials for the execution thereof and to any additional
works to be done or any work not to be done.

The enlargement, extension, diminution, reduction, alterations or additions, referred to above


shall in no way affect the validity of the contract, but shall be performed by the Contractor as

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provided therein and be subject to the same conditions, stipulations, obligations and rates as if
they had been originally and expressly included and provided for in the Bill of Quantities,
specifications and drawings, and the amount to be paid thereof shall be calculated in accordance
with accepted rates and other extra items of works at the rates, determined as per contract.
However, the rates of quantities exceeding 25% of those provided in Bill of Quantities shall be
finalised as per clause 58 of these conditions.

56) RATES FOR ITEMS OF WORK TO BE ALL INCLUSIVE

56.1 The rates entered in the accepted Bill of Quantities of the Contract, shall be all-inclusive
and provide for works duly and properly completed in accordance with terms and conditions of
the Contract and processes as mentioned in specifications and drawings (including revised
drawings), relevant codes whether mentioned or not in the nomenclature of the item in Bill of
Quantities. All rates quoted in the tender shall also deemed to include except specifically
provided otherwise in the Contract:

All materials, labour, tools and plant, stores, centering, shuttering, etc.

Construction/Erection, maintenance and removal of all temporary works.

All watching, lighting, pumping and draining unless otherwise provided for.

- All barriers and arrangements for safety of the property, utilities, public or
employees/workers during the execution of works.

- All sanitary and medical arrangements for labour camps.

- The setting out of all works of construction, repair and up-keep of all centre lines,
benchmarks, reference pillars etc.

- Site clearance except specifically provided otherwise in the Contract.

56.2 Nothing extra shall be payable over the quoted rates, except as specifically provided in
the Contract.

56.3 All rates quoted in the Bill of Quantities shall be deemed to be inclusive of all types of
direct and indirect taxes imposed by Central/State Govt. and local bodies such as excise duty,
sales tax, value added tax (VAT), Works contract tax, Service tax, Royalties, Duties, Cess,
Octroi and other levies as applicable and also include all import duties. The rates shall also be
inclusive of all taxes, duties and other charges imposed outside the country on the production,
manufacture, sale and transport of the Contractor’s equipment, plant, materials and supplies to be
used on or furnished under the contract and on the services performed under the contract. No
additional amount shall be paid or claim be entertained on this account by Employer/Engineer.

56.4 The Contractor shall bear the cost of all royalties, fees and other payments in respect of
patents, patents right and license(s) which may be payable to patentee, licensee or other person
or corporation and shall obtain all necessary licenses/ permissions. In case of any breach
(whether willfully or inadvertently) by the Contractor of this provision, the Contractor shall
indemnify Employer, Engineer and their employees against all claims, proceedings, damages,
costs, charges, loss and liability which they or any of them may sustain, incur or be put to by

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reason or in consequence directly or indirectly of such breach and against payment of any
royalties, damages or other money which the Employer/Engineer may have to make to
anypersons or pay in total to the patent rights in respect of the users of any machine, instruments,
process, articles matter or thing constructed, manufactured, supplied or delivered by the
Contractor under this contract.

57) ACCEPTED RATE APPLICABLE TILL THE COMPLETION OF WORK

The rates as per the accepted Bill of quantities, shall be firm and hold good till the completion of
the works, and no additional claim or amount shall be admissible on account of fluctuations in
market rates, increase in taxes, levies, fees royalties etc. unless specifically provided for in the
Contract.

58) VARIATION IN QUANTITY OF ITEMS COVERED BY THE BILL OF QUANITITIES

58.1 The quantities of items shown in the Bill of Quantities are approximate, and liable to vary
during the actual execution of the work. The Contractor shall be bound to carry out and complete
the stipulated work, irrespective of the variations in individual items, specified in the Bill of
Quantities.

58.2 Such variations in quantities shall be paid for in the manner laid down below:

In case the variation in individual items goes beyond (+)25% in respect of the specialized nature
of works like tunneling works, Earthwork including rock blasting in hilly terrain for construction
of access roads and the consequential works like protection works etc., where it is not possible to
prepare fairly accurate estimate of quantities before award of the contract and it is not practical to
bring a new agency for doing the increased quantity of work beyond (+)25% variation, 1%
reduction in the accepted rate will be effected for payment to the Contractor beyond (+)25%
variation and upto (+)50% variation.

In other works where it is generally possible to work out fairly accurate estimate before award of
the contract, 2% reduction in the accepted rate will be effected beyond (+)25% variation and
upto (+)50% variation.

In case the variation in individual items is more than (+)50%, the rate for the increased quantities
beyond (+)50% shall be negotiated between the Engineer and the Contractor. Provided further
that for the quantities exceeding (+)50% of each item of Bill of Quantities, the Engineer shall
have a right to get these executed from any other agency or by his own labour, materials and
resources.

Decrease in quantity of individual items upto (-)50% due to site conditions shall not form ground
for revision of rates or claim on this account. Beyond (-)50% variation, rate shall be negotiated
between the Engineer and the Contractor.

The above limit of variation shall not be applicable for small value items and no negotiations for
rates for such items shall be done. Small value items shall be those items whose sum, starting
from the lowest value item, is upto 2% of the original contract value and shall be decided
between the Engineer and the Contractor.

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As far as BOQ/SOR items are concerned, the limit of 25% would apply to the value of
BOQ/SOR schedule as a whole and not on an individual BOQ/SOR items. However, in case of
NS items, the limit of 25% would apply on the individual items irrespective of the manner of
quoting the rate (single percentage rate or individual item rate).

59) ITEMS NOT INCLUDED IN THE BILL OF QUANTITIES

59.1 If any item of work not provided for in the accepted Bill of Quantities and required to be
executed for completion of work, the Contractor on receipt of instructions from the Engineer,
shall be bound to carry out such items of work at the rates to be decided as per sub-clause 59.2
and 59.3.

59.2 The rate for such extra items shall be derived from rate for similar items available in the
accepted Bill of Quantities.

59.3 In case rates cannot be derived from the accepted Bill of Quantities, the rate may be
worked out on the following basis:

Cost of materials and consumables at current market rates, as actually utilised in the final
finished permanent work, including a reasonable percentage for wastage and cost of loading,
unloading and transportation.

Cost of labour required for the work.

Hire charges for plant and machinery, scaffolding, shuttering, forms, etc. required to be used at
the site of the work.

An amount of 10% of items (a), (b) and (c) above to allow for Contractor’s overheads, profits
and other contingencies.

59.4 In all cases where extra items of work are involved, for which there are no rates in the
accepted Bill of Quantities, the Contractor shall give a notice to the Engineer, of at least 7 days
before the need for their execution arises.

Such a notice shall not however be necessary if the Engineer has already instructed in writing to
take up such an item of work. To decide the rate, the Contractor shall furnish detailed analysis of
the rates on the lines mentioned in sub-clause 59.2 and 59.3above and attend a meeting with
Engineer to settle the rate as and when called for. The Contractor shall be bound to furnish the
requisite details and to attend the meeting.

59.5 Provisional payment for extra item

In case mutually agreeable settlement of rates is not arrived at between the Engineer and the
Contractor, the Contractor shall be bound to carry out the works at rates to be decided by the
Engineer. In the absence of a finalised rate for a new item, the Engineer shall be entitled to
certify payment to the Contractor based on a provisional rate fixedby the Engineer for the work
done under the new item. This shall be subject to upward or downward adjustment after the rate
is finalised by the Engineer for that item.

59.6 The decision of the Engineer under this clause shall be final and binding.

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60) LIEN IN RESPECT OF CLAIMS IN OTHER CONTRACTS

Any moneys due to the Contractor either alone or jointly with others, including the performance
guarantee amount returnable to him may be withheld or retained or encashed by exercise of lien
by the Client/ Employer/Engineer against any claim of the Client/ Employer/Engineer or any
other branch, office department or subsidiary of the client/ Employer/Engineer in respect of a
sum of money arising out of or under any contract other than the present contract made by the
Contractor alone or jointly with the client/ Employer/Engineer or any other branch, office,
department or subsidiary of the client/ Employer/Engineer. It is agreed term of contract that the
sum of money so withheld or retained under this clause by the client/ Employer/Engineer, shall
be kept withheld or retained till the claims arising out of or under the contract, are either
mutually settled or determined by the Arbitrator, or by the competent court, as the case may be
and that the Contractor shall have no claim for interest or damages whatsoever on this account or
any other account, in respect of any sums of money withheld retained, under this clause and duly
notified to the Contractor.

61) MEASUREMENTS OF WORK AND PAYMENTS

Measurements

The Contractor shall be paid for the works at rates in the accepted Bill of Quantities of the
contract and extra items of work at rates determined under clause 59.0of these conditions. The
measurement shall be taken by the Engineer or his representative in the presence of the
Contractor or his authorised representative.

Measurement of work at regular intervals

The measurements of the work shall be taken in accordance with the contract during progress of
work and at such intervals, as in the opinion of the Engineer or Engineer’s Representative shall
be proper, having regard to the progress of the work. On an agreed date and time, the Engineer or
his Representative shall take the on account or final measurements in the presence of the
Contractor or his authorised representative. The Engineer or his authorised representative shall
sign the measurements, which shall also be signed by the Contractor or his authorised
representative as an acceptance of the measurements. If the Contractor or his representative fails
to turn-up at the time of taking measurements inspite of notice to do so, the Engineer or his
representative shall be entitled to record the measurements ex-parte and these shall be final and
binding on the Contractor.

Measurement of works as per records and drawings

For the purpose of measuring such permanent works, as are to be measured by records and
drawings, the Contractor shall prepare records and drawings at regular intervals and submit to
the Engineer or Engineer’s representative for his scrutiny.

In case, there is a discrepancy in the measurements of work done and the measurements as per
drawings, measurements for the minimum of the two shall only be accounted for, provided the
executed work is acceptable to the Engineer.

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The Engineer or the Engineer’s representative shall have the right to rectify any incorrect
measurements and delete / correct any measurements if it is found at a later stage that the work is
incomplete, defective and/or not conforming to the specifications.

62) ON ACCOUNT PAYMENTS

The Contractor shall be entitled to be paid from time to time, by way of “On-account” bills, only
for such works, as in the opinion of the Engineer, the Contractor has executed in terms of the
contract. Such payments shall be made at intervals to be decided by the Engineer depending
upon the progress of work. Payment shall be made only on submission of bills along with
measurements and necessary documents by the Contractor for scrutiny of the Engineer. The
amount certified shall account for all deductions, including statutory deductions as for sales tax,
income tax, etc., recoveries for advances and any amounts due from the Contractor. Such
payments made by the Engineer shall not constitute any final acceptance of the measurements. In
case of any discrepancy, the Engineer shall have the right to alter, modify, reduce or diminish the
quantities or classification entered in the Measurement Books. In such cases, the Engineer shall
have the right to recover any amount paid in an earlier bill/bills from any subsequent bill/bills
and should the amount to be recovered be more than the amount of the subsequent bills, the
Contractor shall on demand from the Engineer immediately refund the amount to the Engineer
within 7 days, failing which he shall have to pay interest @1% per month till the said extra
amount is paid back by him.

For materials brought to site by the Contractor, the Engineer may allow (interest free) payment
@ 75% cost of major materials brought to site for use in the works as secured advance which
will normally be paid along with next on account payment. The payment of secured advance
shall be made without any bank guarantee but on written request of the Contractor along with
indemnity bond indemnifying Employer/Engineer against any loss and/or damages to the
materials for which secured advance is sought by the Contractor. The indemnity bond shall be
submitted on a non-judicial stamp paper of minimum value of Rs.10/-duly not arised as per the
format approved by the Engineer. The Contractor should supply necessary vouchers etc. as
evidence that payment has been made by the Contractor for all the materials brought to site for
which secured advance is sought by the Contractor. Secured advance shall be paid at the rates
derived from the accepted rate of the item(s) for which the materials are to be consumed and
procurement rates, whichever is lower. The Engineer’s decision as to the Quality, Quantity and
value of the materials for which such secured advance is payable will be final and binding on the
Contractor. The recovery of secured advance so made will bemade from the subsequent on
account bills to the extent the materials are consumed in the work.

The Engineer may on specific request and authorisation by the Contractor in writing release
payments directly to the Suppliers, sub-contractors or petty contractors of the Contractor from
the amount(s) certified, passed and due for payment to the contractor..

In cases of default by the Contractor, the Engineer may without any notice to the Contractor,
release payments directly to the suppliers/sub-contractors and/or petty contractors of the
Contractor. All such payments shall be recovered with interest @ 1.25% (including
administrative charges) per month from the payments due to the Contractor.

In exceptional circumstances, if the Contractor is not able to make prompt payments to his
suppliers affecting supplies of materials and progress of work, the Engineer may (but shall not be

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obliged to) give assurance to the suppliers for payments against supply of materials/consumables
to the Contractor. In this case, the Contractor shall give to the Engineer an undertaking in writing
that cost of such materials if not paid by him may be directly paid to his suppliers and recovered
from his dues. Such payments shall only be made after receipt of materials at site and
verification of the payments by the Contractor. The recovery of such payments shall be made
with interest @ 1.25% (including administrative charges) per month from the next payment due
to the Contractor. Total payments so made on behalf of the contractor shall not exceed 5% of the
Contract value during the entire contract period..

The decision of the Engineer regarding exceptional circumstances and payments to be made to
the suppliers, sub-contractors and petty contractors under the clause Nos. 62.3, 62.4 and 62.5
shall be final and binding on the Contractor. Such payments shall also not relieve the Contractor
from any of his liabilities or obligations under the Contract.

No payment under the contract shall be made to the Contractor before receipt of performance
security. The Engineer shall also be entitled to with hold payment sunder the above sub-clauses
in case the Contractor fails to get himself registered under sales tax/labour laws or fails to fulfill
his obligation under the contract.

63) FINAL MEASUREMENTS AND PAYMENTS

As soon as possible after completion of work, the Contractor shall submit the final bill along
with detailed measurements of work done, accountal of the materials, plant and machinery issued
by the Engineer and all other statements, supporting documents required for finalisation of the
bill. The final bill, measurements and documents submitted by the Contractor shall be scrutinised
by the Engineer or his representative and in case the same are found not in order, the Engineer
shall direct the Contractor to re-submit the final bill along with all details. On receipt of all
requisite details and final bill from the Contractor, the Engineer shall have the final
measurements taken, recorded and signed jointly. An accountable of any plant, equipment and
materials issued by the Engineer to the Contractor, shall also be prepared and signed jointly.
Based onthe final measurements and materials and plant and equipment accountable statements,
the Engineer shall prepare the final bill.

The Contractor shall sign the Engineer’s copy of the Final Bill Account in token of acceptance of
the full and final value of the works performed under the contract, and submit a “No Claim
Certificate” on the prescribed proforma along with a list of unsettled claims, if any. The Engineer
shall then arrange to make payment against the final bill.

64) MODE OF PAYMENT AND TAX DEDUCTION AT SOURCE

64.1 MODE OF PAYMENT:

64.1.1 All payments to the Contractor shall be made through Electronic Clearing System (ECS).
The Contractor shall furnish his Banker’s details in addition to his own bank account details. All
amounts payable to the Contractor shall be directly credited to his bank account.

64.1.2 In case, the Contractor is having his account with a bank not having Electronic Clearing
System (ECS),the Contractor may open a bank account with the bank having this facility.

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64.1.3 All payments to the Contractor shall be made by above means only unless specifically
otherwise agreed by the Engineer in special circumstances for petty payments.

64.2 Tax deduction at source

Income tax and Works tax shall be deducted from the payments credited/released by
Employer/Engineer to the Contractor against execution of work as per law of the land. The
deductions shall be made as per prescribed rates prevalent from time to time unless a tax
exemption certificate is produced by the Contractor. Amount of tax deduction shall be deposited
with the concerned authorities and tax deduction certificate shall be issued by
Employer/Engineer. The Employer/Engineer shall deduct at source taxes/duties under any other
law/statute as may be applicable at the time of making payments. The Contractor shall furnish to
the Engineer registration No. under works tax and PAN(for TDS), as applicable.

65) COMPLETION CERTIFICATE

As soon as the work is completed, the Contractor shall give notice of such completion, whether
of the whole of the works, or of any part of the work, for which a separate date of completion is
stipulated in the contract, to the Engineer, and the Engineer, within 30 days of receipt of such
notice, shall inspect the work and also arrange for carrying out of such tests as may be prescribed
under the contract or ordered by the Engineer. If the Engineer notices any incomplete item of
work or any defect, which is to be rectified by the Contractor, or if any part or whole of the work
fails to pass the specified tests, the

Engineer shall furnish to the Contractor, the list of all such incomplete items of work,
deficiencies, defects, failure to pass tests, etc., and may refuse to issue a Certificate of
Completion to the Contractor. If in the opinion of the Engineer the work has been satisfactorily
completed and has satisfactorily passed final test or tests that may be prescribed, the Engineer
shall issue a certificate of completion showing the date of completion in respect of the work. The
defect liability period, if any, shall commence from the date of completion indicated in such
certificate. Provided that the Engineer may issue such a certificate with respect to any part of the
works, before the completion of the whole of the works, which has been so completed and/or
used by the Client/Employer/Engineer. When any such certificate is given in respect of a part of
the work, such part shall be considered as completed and the defect liability period of such part
shall commence from the date of completion indicated in such certificate.

Completion certificate not to absolve the Contractor from his Responsibilities:

The Certificate of Completion of Works referred to in sub-clause 65.1shall not absolve the
Contractor from his liability to make good defects, imperfections and shrinkages or faults, which
may appear during the defect liability period specified in the contract, arising in the opinion of
the Engineer from materials or workmanship being not in accordance with the Contract. These
shall be rectified and made good by the Contractor at his own cost. In case of the default on the
part of the Contractor, to so make good the defects or deficiencies, the Engineer may employ
labour, plant and machinery and materials or appoint another agency or Contractor, to make
good such defects, imperfections, shrinkages and faults, and all expenses consequent and
incidental thereto, shall be recovered from any money due to the Contractor under the contract
including the Performance Security amount or from any money payable to the Contractor by the
Employer/Engineer, under any other contract.

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66) CLEARANCE OF SITE ON COMPLETION

On completion of works, the Contractor shall clear and remove from site all constructional plant,
surplus materials, rubbish and temporary works of every kind, and leave the whole of the site of
work clean, tidy and in a workman like condition to the satisfaction of the Engineer. This will be
one of the pre-conditions for making the final payment to the Contractor. Such clearance may be
made by the Engineer through any other agency at the expense of the Contractor in the event of
the Contractor's failure to comply with this provision within 7 days after receiving notice to that
effect from the Engineer.

67) POST PAYMENT AUDIT

It is an agreed term of the contract that the Employer reserves to himself the right to carry out a
post payment audit or technical examination of the works, and the final bill including all
supporting vouchers, abstracts, etc. If as a result of such examination, any over payment to the
Contractor is discovered to have been made in respect of any work done, the Contractor will be
bound to refund the same to the Engineer or may be adjusted against any dues of the Contractor.
If any under payment is discovered, thesame shall be paid by the Engineer to the Contractor.
Such payments or recoveries, however, shall not carry any interest.

68) DEFECT LIABILITY CERTIFICATE

68.1 In the contract, the expression “Defect Liability Period” shall mean the period of defect
liability prescribed elsewhere in the contract, commencing from the date of completion of the
works, as certified by the Engineer.

The Contractor shall maintain, rectify and make good at his own cost any defects/deficiencies,
which may develop in the work or as notified by the Engineer during Defect Liability Period.
However, maintenance during Defect Liability Period shall not include day to day upkeep,
cleaning, custody and security of the work.

68.2 The contract shall not be considered as completed, until a Defect Liability Certificate has
been issued by the Engineer stating that the works have been completed and maintained to his
satisfaction. Defect Liability certificate shall be issued by the Engineer, upon expiry of Defect
Liability period or as soon thereafter as any works ordered during such period, have been
completed to the satisfaction of the Engineer.

68.3 No certificate other than “Defect Liability Certificate” shall be deemed to constitute final
approval of the work or part of the work for which it is issued.

69) UNFULFILLED OBLIGATIONS

Notwithstanding the issue of Defect Liability Certificate, the Contractor and the Engineer shall
remain liable for the fulfilment of any unfulfilled obligations under the provision of the contract,
prior to the issue of the Defect Liability Certificate, and for the purpose of determination of the
nature and extent of any such obligation, the contract shall be deemed to remain in force between
the parties thereto.

70) PRODUCTION OF VOUCHERS

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70.1 The Contractor, whenever required, shall produce for examination by the Engineer, any
quotation, invoice, cost or other account books, vouchers, receipts, letters, memoranda or any
copy of or extract from any such documents and also furnish information and returns, as may be
required, relating to the execution of this contract. The Engineer’s decision on the question of
relevancy of any documents, information or returns shall be final and binding on the Contractor.

If any part or item of the work is allowed to be carried out by a sub-Contractor, the Engineer
shall have power to secure the books of such sub-Contractor, through the Contractor, and shall
have power to examine and inspect the same.

71) FORCE MAJEURE

71.1 If, at any time during the currency of the contract, the performance of any obligation (in
whole or in part) by the Employer or the Contractor shall be prevented or delayed by reason of
any war, hostilities, invasion, acts of public or foreign enemies, rebellion, revolution,
insurrection, civil commotion, sabotage, large scale arson, floods, earthquake or any other act of
God, large scale epidemics, nuclear accidents, any other catastrophic unforeseeable
circumstances, quarantine restrictions, any statutory, rules, regulations, orders or requisitions
issued by a Government department or competent authority (hereinafter referred to as "event”)
then, provided notice of the happening of such an event is given by either party to the other
within 21 days of the occurrence thereof.

a. Neither party by reason of such event be entitled to terminate the contract or have claim
for damages against the other in respect of such non-performance or delay in performance.

b. The obligations under the contract shall be resumed as soon as practicable after the event
has come to an end or ceased to exist.

c. If the performance in whole or part of any obligation under the contract is prevented or
delayed by reason of the event beyond a period of 180 days, the contract may be fore-closed with
mutual consent by giving a notice of 30 days without any repercussions on either side.

d. In case of doubt or dispute, whether a particular occurrence should be considered an


“event” as defined under this clause, the decision of the Engineer shall be final and binding.

e. Works that have already been measured shall be paid for by the Engineer even if the
same is subsequently destroyed or damaged as a result of the event. The cost of rebuilding or
replacing any work that has been measured shall be borne by the Employer/Engineer.

f. If the contract is fore-closed under this clause, the Contractor shall be paid fully for the
work done under the contract, but not for any defective work or work done which has been
destroyed or damaged before its measurement. The Engineer shall have the option to take over
any plant and material lying at site, at rates provided for in the contract, failing that, as per rates
which are determined to be fair and reasonable by the Engineer.

71.2 If no notice is issued by either party regarding the event within 21 days of occurrence, the
said event shall be deemed not to have occurred and the contract will continue to have effect as
such.

72) CLAIMS

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72.1 Monthly Statement of Claims:

The contractor shall prepare and furnish to the Engineer once in very month an account giving
full and detailed particulars of all claims for any additional expenses to which the Contractor
may consider himself entitled to and of all extra or additional works ordered by the Engineer
which he has executed during the preceding month and no claim for payment for and such works
will be considered which has not been included in such particulars.

Non-receipt of statement of claims shall be construed that contractor has 'no claim'.

72.2 Signing of “No Claim” Certificate:

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

73) SETTLEMENT OF DISPUTES

All disputes and differences of any kind whatsoever arising out of or in connection with the
contract, whether during the progress of the work or after its completion and whether before or
after the determination of the contract, shall be settled as under, provided that matters for which
provision has been made in clauses 20.3, 36.5, 40.1, 40.2, 49.7, 50.0, 51.0, 59.0, 61.2 and 72.2 of
General Conditions of Contract or in any clause of the Special Conditions of Contract shall be
deemed as ‘excepted matters’ (matters not arbitrable) and decision of the Employer thereon, shall
be final and binding on the contractor; provided further that 'excepted matters' shall stand
specifically excluded from the purview of this clause.

73.1 Mutual Settlement

All such disputes or differences shall in the first place be referred by the Contractor to the
Employer in writing for resolving the same through mutual discussions, negotiations,
deliberation etc. associating representatives from both the sides and concerted efforts shall be
made for reaching amicable settlement of disputes or differences.

73.2 Conciliation/Arbitration

73.2.1 It is a term of this contract that Conciliation/ Arbitration of disputes shall not be
commenced unless an attempt has first been made by the parties to settle such disputes, within
120 days of submission of monthly statement of such claim, through mutual settlement.

73.2.2 In the event of failure to resolve any dispute or difference between the parties hereto as to
the construction or operation of this contract, or the respective rights and liabilities of the parties
on any matter in question, dispute or difference on any account or as to the withholding by the
Employer of any certificate to which the contractor may claim to be entitled to, through mutual
settlement, the Contractor may refer such matters to the Managing Director in writing within 60

HARYANA RAIL INFRASTRUCTURE DEVELOPMENT CORPORATION LIMITED 107


days from the date of failure of amicable settlement of such disputes or differences for settlement
through Conciliation.

If the efforts to resolve all or any of the disputes through Conciliation fail, the Contractor may
refer to the Managing Director of the Employer for settlement of such disputes or differences
through Arbitration. No disputes or differences shall be referred to Arbitration after expiry of 60
days from the date of notification of the failure of Conciliation.

73.2.3 The demand for Conciliation or Arbitration shall specify the matters which are in
question, or subject of the dispute or difference as also the amount of claim item wise. Only such
dispute(s) or difference(s) in respect of which the demand has been made, together with counter
claims or set off, given by the Employer, shall be referred to Conciliation or Arbitration and
other matters shall not be included in the reference.

73.2.3(a) The Arbitration proceeding shall be assumed to have commenced from the day, a
written and valid demand for arbitration is received by the Employer.

73.2.3(b) The claimant shall submit his claim stating the facts supporting the claim along with all
relevant documents and the relief or remedy sought against each claim within a period of 30 days
from the date of appointment of the Arbitral Tribunal.

73.2.3(c) The Employer shall submit its defence statement and counter claim(s), if any, within a
period of 60 days of receipt of copy of claim from Tribunal thereafter unless otherwise extension
has been granted by Tribunal.

73.2.3(d)Place of Arbitration:
The conciliation/ arbitration proceedings shall be held at a place decided by Conciliator/
Arbitrator.

73.2.4 No new claim shall be added during proceedings by either party. However, a party may
amend or supplement the original, claim or defence thereof during the course of arbitration
proceedings subject to acceptance by Tribunal having due regard to the delay in making it.

73.2.5 If the contractor(s) does/do not present his/their specific and final claim in writing, within
a period of 90 days of receiving the intimation from the Employer that the final bill is ready for
payment, he/they will be deemed to have waived his/their claim(s) and the Employer shall be
discharged and released of all liabilities under the contract in respect of these claims.

73.3 No suspension of work

The Obligations of the Employer, the Engineer and the Contractor shall not be altered by reasons
of conciliation / arbitration being conducted during the progress of works. Neither party shall be
entitled to suspend the work on account of conciliation/ arbitration and payments to the
Contractor shall continue to be made in terms of the contract.

73.4(a)(i)Sole Conciliator/Sole Arbitrator:

In cases where the total value of all claims/counter-claims in question added together does not
exceed `2.00 Crore (Rupees Two Crores), the Arbitral Tribunal shall consist of a sole arbitrator
who shall be an officer of HRIDC not below GM level, nominated by the Managing Director.

HARYANA RAIL INFRASTRUCTURE DEVELOPMENT CORPORATION LIMITED 108


The sole arbitrator shall be appointed by the Managing Director of the Employer within 60 days
from the day when a written and valid demand for arbitration is received by the Employer.

73.4(a) (ii)Arbitration Tribunal:


In cases where the total value of all claims/counter-claims exceeds `2.00 Crore, the Arbitral
Tribunal shall consist of a panel of three Officers not below GM level.

For this purpose, the Employer will send a panel of more than 3 names to the contractor, within
60 days from the day when a written and valid demand for arbitration is received by the
Employer. Contractor will be asked to suggest to the Managing Director at least 2 names out of
the panel for appointment as contractor’s nominee within 30 days from the date of dispatch of
the request by the Employer. The Managing Director shall appoint at least one out of them as the
contractor’s nominee and will, also simultaneously appoint the balance number of arbitrators
either from the panel or from outside the panel, duly indicating the ‘presiding arbitrator’ from
amongst the 3 arbitrators so appointed. The Managing Director shall complete this exercise of
appointing the Arbitral Tribunal within 30 days from the receipt of the names of contractor’s
nominees. While nominating the arbitrator sit will be necessary to ensure that one of them is
from the Accounts Department. An officer of AGM rank of the Accounts Department shall be
considered of equal status to the GM of the other departments of HRIDC for the purpose of
appointment of arbitrator.

73.4(a) (iii)The minimum qualifications of Conciliator/ Arbitrator shall be graduate in the


respective field. He will be a working officer with a minimum of 20years’ service. He should be
clear from the vigilance angle and should be a person with reputation of high technical/
commercial ability and integrity. Also, he should not have associated with the contract to which
the dispute pertains.

73.4(a)(iv) If one or more of the arbitrators appointed as above refuses to act as arbitrator,
withdraws from his office as arbitrator or vacates his/their office/offices or is/are unable or
unwilling to perform his functions as arbitrator for any reason whatsoever or dies or in the
opinion of the Managing Director fails to act without undue delay, the Managing Director shall
appoint new arbitrator/ arbitrators to act in his/their place in the same manner in which the earlier
arbitrator/ arbitrators had beenappointed. Such reconstituted Tribunal may, at its discretion,
proceed with the reference from the stage at which it was left by the previous arbitrator(s).

73.4(a)(v) The Arbitral Tribunal shall have power to call for such evidence by way of affidavits
or otherwise, as the Arbitral Tribunal shall think proper, and it shall be the duty of the parties
hereto to do or cause to be done all such things as may be necessary to enable the Arbitral
Tribunal to make the award without any delay. The Arbitral Tribunal should record day-to-day
proceedings. The proceedings shall normally be conducted on the basis of documents and written
statements.

73.4(a)(vi)While appointing arbitrator(s) under sub clause 73.4(a)(i), 73.4(a)(ii) and


73.4(a)(iv) above, due care shall be taken that he/they is/are not the one/those who had an
opportunity to deal with the matters to which the contract relates or who in the course of his/their
duties as HRIDC employee expressed views on all or any of the matters under disputes or
differences. The proceedings of the Arbitral Tribunal or the award made by such Tribunal will,
however, not be invalid merely for the reason that one or more arbitrator had, in the course of his
service, opportunity to deal with the matters to which the contract relates or who in the course of
his/their duties expressed views on all or any of the matters under dispute.

HARYANA RAIL INFRASTRUCTURE DEVELOPMENT CORPORATION LIMITED 109


73.4(b)(i) The arbitral award shall state item-wise, the sum and reasons upon which it is based.
The analysis and reasons shall be detailed enough so that the award could be inferred there from.

73.4(b)(ii) A party may apply for corrections of any computational errors, any typographical or
clerical errors or any other error of similar nature occurring in the award of tribunal within 60
days of the receipt of the award.

73.4(b)(iii)A party may apply to tribunal within 60 days of the receipt of award to make an
additional award as to claims presented in the arbitral proceedings but omitted from the arbitral
award.

73.5 In case of the Tribunal, comprising of three members, any ruling or award shall be made by
a majority of members of Tribunal. In the absence of such a majority, the views of the Presiding
Arbitrator shall prevail.

73.6 Where the arbitral award is for the payment of money, no interest shall be payable on whole
or any part of the money for any period till the date on which the award is made.

73.7 The cost of arbitration shall be borne by the respective parties. The cost shall inter-alia
include fee of the Conciliator/ Arbitrator(s) as per the rates fixed by the Employer from time to
time and the fee shall be borne equally by both the parties. Further, the fee payable to the
arbitrator(s) would be governed by the instructions issued on the subject by the Employer from
time to time irrespective of the fact whether the arbitrator(s) is/are appointed by the Employer or
by the court of law unless specifically directed by Hon'ble court otherwise on the matter.

73.8 Settlement through Court:

It is a term of this contract that the Contractor shall not approach any Court of Law for settlement
of such disputes or differences unless an attempt has first been made by the parties to settle such
disputes or differences through clauses73.1and73.2.

73.9 The Conciliation and/or Arbitration proceedings shall be governed by the provisions of the
Indian Arbitration and Conciliation Act 1996 or any statutory modification or re-enactment
thereof and the rules made thereunder and for the time being in force.

73.10 The language of proceedings, documents or communications shall be in English and the
award shall be made in English in writing.

73.11 Award to be final and binding on all parties:

An arbitral award shall be final and binding on all parties, as per provision of Arbitration and
Conciliation Act, 1996.

73.12 Exception:

For settlement of disputes with central PSUs, the procedure as per existing orders of Permanent
Machinery for Arbitration (PMA), Bureau of Public Enterprises, Govt. of India shall be
followed.

HARYANA RAIL INFRASTRUCTURE DEVELOPMENT CORPORATION LIMITED 110


73.13 JURISDICTION OF COURTS:

Jurisdiction of courts for dispute resolution shall be Chandigarh/Panchkula.

HARYANA RAIL INFRASTRUCTURE DEVELOPMENT CORPORATION LIMITED 111


ANNEXURE-I
FORM OF AGREEMENT

(To be executed on requisite value of stamp Papers)

AGREEMENT

THIS AGREEMENT made on ____________ day of ________ (Month/year) between Haryana


Rail Infrastructure Development Corporation Limited, acting through Managing Director
(hereinafter called “the Employer/Engineer”) of the one part and
__________________________________________________ (name and address of the
Contractor) (hereinafter called “the Contractor”) of the other part.

WHEREAS the Employer is desirous that certain works should be executed by the
Contractor viz. Contract No.____________
___________________________________________ (hereinafter called “the Works”, and has
accepted a Bid by the Contractor for the execution and completion of such Works and the
remedying of any defects therein.

NOW THIS AGREEMENT WITNESSETH as follows:

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

The following documents shall be deemed to form and be read and construed as part of this
Agreement:

i. Letter of Acceptance of Tender


ii. Notice Inviting Tender
iii. Instructions to the Tenderers
iv. Appendix to Tender
v. Form of Bid
vi. Special Conditions of the Contract
vii. General Conditions of Contract
viii. Technical Specifications
ix. Relevant codes and Standards
x. Drawings
xi. Bill of Quantities

In consideration of the payments to be made by the Employer to the Contractor as hereinafter


mentioned, the Contractor hereby covenants with the Employer to execute and complete the
Works and remedy any defects therein in conformity in all respects with the provisions of the
Contract.

The Employer hereby covenants to pay the Contractor in consideration of the execution and
completion of the Works and the remedying of defects therein the Contract Price orsuch other
sum as may become payable under the provisions of the Contract at the times and in the manner
prescribed by the Contract.

HARYANA RAIL INFRASTRUCTURE DEVELOPMENT CORPORATION LIMITED 112


IN WITNESS whereof the parties hereto have caused this Agreement executed the day and year
first before written.

(Name, Designation and address of (Name, Designation and address of


the authorized signatory) the authorized signatory)

Signed for and on behalf of the Signed for and on behalf of the
Contractor in the presence of: Employer in the presence of:

Witness: Witness:

1. 1.

2. 2.

Name and address of the witnesses to be indicated.

HARYANA RAIL INFRASTRUCTURE DEVELOPMENT CORPORATION LIMITED 113


ANNEXURE-II

PERFORMANCE BANK GURANTEE (UNCONDITIONAL)

To

Haryana Rail Infrastructure Development Corporation Limited,


Name & Address.

[Acting through ______________________(Project Incharge) & Address of the Project]

WHEREAS __________________ [name and address of contractor] (hereinafter called “the


Contractor”) has undertaken, in pursuance of Contract No.____________________
dated __________ to execute ____________________________________________________
[name of Contract and brief description of Works] (hereinafter called “the Contract.”);

AND WHEREAS it has been stipulated by you in the said Contract that the contractor shall
furnish you with a Bank Guarantee by any Scheduled Bank for the sum specified therein as
security for compliance with his obligations in accordance with the Contract;

AND WHEREAS we have agreed to give the Contractor such a Bank Guarantee;

NOW THEREFORE we hereby affirm that we are the Guarantor and responsible to you, on
behalf of the Contractor, up to a total of ______________________ [amount of Guarantee],
____________________________________________ [amount in words], such sum being
payable in the types and proportions of currencies in which the Contract Price is payable, and we
undertake to pay you, upon your first written demand and without cavil or argument, any sum or
sums within the limits of _______________
[amount of Guarantee] as aforesaid without your needing to prove or to show grounds or reasons
for your demand for the sum specified therein.

We hereby waive the necessity of your demanding the said debt from the Contractor before
presenting us with the demand.

We further agree that no change or addition to or other modification of the terms of the Contract
or of the Works to be performed there under or of any of the Contract documents which may be
made between you and the Contractor shall in any way release us from any liability under this
guarantee, and we hereby waive notice of any such change, addition or modification.

This guarantee shall be valid up to _______ (a date 60 days from the date of completion of the
work).

HARYANA RAIL INFRASTRUCTURE DEVELOPMENT CORPORATION LIMITED 114


SIGNATURE AND SEAL OF THE GUARANTOR

Name of Bank:
Address:
Date:

HARYANA RAIL INFRASTRUCTURE DEVELOPMENT CORPORATION LIMITED 115


ANNEXURE-III

BANK GURANTEE FOR RELEASE OF 50% OF RETENTION MONEY

To
Haryana Rail Infrastructure Development Corporation Limited,
Name & Address.
[Acting through ______________________(Project Incharge) & Address of the Project]

WHEREAS __________________[name and address of contractor*] (hereinafter called


“the Contractor”) has undertaken, in pursuance of Contract
No.____________________________________ dated __________ to execute
________________________________________________________ [name of Contract and
brief description of Works] (hereinafter called “the Contract.”);

AND WHEREAS it has been agreed by you in the said Contract that the Contractor has option to
get release 50% of the Retention Money against un-conditional Bank Guarantee from any
Scheduled Bank acceptable to you as security for compliance with Contractor’s obligation in
accordance with the contract (Sub clause _________).

AND WHEREAS the Contractor has opted to get released the 50% of the retention money
against an unconditional Bank Guarantee;

NOW THEREFORE we hereby affirm that we are the Guarantor and responsible to you, on
behalf of the Contractor, up to a total of _______________ [amount of Guarantee],
___________________________ [amount in words], such sum being payable in the types and
proportions of currencies in which the Contract Price is payable, and we undertake to pay you,
upon your first written demand and without cavil or argument, any sum or sums within the limits
of __________ [amount of Guarantee] as aforesaid without your needing to prove or to show
grounds or reasons for your demand for the sum specified therein.

We hereby waive the necessity of your demanding the said debt from the Contractor before
presenting us with the demand.

We further agree that no change or addition to or other modification of the terms of the Contract
or of the Works to be performed thereunder or of any of the Contract documents which may be
made between you and the Contractor shall in any way release us from any liability under this
guarantee, and we hereby waive notice of any such change, addition or modification.

This guarantee shall be valid upto _______ (till the HRIDC International Limited certifies
repayment of retention money in accordance with Sub-clause 8.5 of General Conditions of
Contract).

HARYANA RAIL INFRASTRUCTURE DEVELOPMENT CORPORATION LIMITED 116


SIGNATURE AND SEAL OF THE GUARANTOR

Name of Bank:
Address:

HARYANA RAIL INFRASTRUCTURE DEVELOPMENT CORPORATION LIMITED 117

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