GENERAL CONDITIONS OF CONTRACT

1.0 SINGULAR & PLURALWords imparting the singular number shall also include the plural and vice versa where the context requires.

2.0 INTERPRETATIONThese regulations for tenders and contracts shall be read in conjunction with the General Conditions of contract which are referred to herein and shall be subject to modifications, additions, suppression by Special Conditions of contract and/or special specifications if any, annexed to the tender forms.

3.0 DEFINITIONSIn these regulations for tenders and contracts, the following terms shall have the meanings assigned hereunder except where the context otherwise requires:

a) RAILWAY shall mean the President of the Republic of India or the Administrative Officers of the Northern Railway or of the successor Railway.

b) “GENERAL MANAGER” shall mean the Officer in Administrative charge of the whole of Northern Railway and shall mean and include the General Manager of the successor Railway.

c) “TENDERER” shall mean the person, the firm or company who tenders for the work with a view to execute the work on contract with IRCON and shall include their personal representative, successors and permitted assigns.

d) “LIMITED TENDERS” shall mean tenders invited from all or some contractors on the approved list of contractors with IRCON.

e) “WORKS” shall mean the works contemplated in the drawings and schedules set forth in the tender forms and description of contract and required to be executed according to specifications.

f) “SPECIFICATION” shall mean the specifications for materials and works as per IS codes, CPWD Specifications (amended upto date) any specification as given in the tender document or any other specification given by General Manager/IRCON.

g) “CLIENT” means the Northern Railway represented through the CAO/Construction.

h) “PRIME CONTRACTOR/IRCON” shall mean the IRCON International Ltd., New Delhi having its Registered Office at Palika Bhawan, Sector-XIII, R.K. Puram, New Delhi – 110 066 and shall include their representatives, successors and permitted assigns.

i) “ACCEPTING AUTHORITY” shall mean the Managing Director / Director Works of IRCON or General Managers of IRCON dealing with the works for the purpose of this tender / contract.

j) CONTRACT / SUB-CONTRACT” means the notice inviting tender, the tender and acceptance thereof and the formal agreement, if any, executed between IRCON and the contractor together with documents referred to therein including these conditions with appendices and any schedule(s) of items, quantities and rates. All these documents taken together shall be deemed to form the contract/sub-contract and shall be complimentary to one another.

k) “CONTRACTOR/SUB-CONTRACTOR” shall mean individual or firm or company whether incorporated or not undertaking the works and shall include legal representatives of such individual or persons comprising such firm or unincorporated company or successors of such firm or company as the case may be and permitted assigns of such individual, or firm or company.

l) “ENGINEER/ENGINEER-IN-CHARGE” shall mean the Engineering Officer appointed by IRCON, or his duly authorized representative who shall direct, supervise and be in charge of the works for purposes of this contract.

m) The SITE shall mean the lands and or other place on, under in or through which the works are to be executed under the contract including any other lands or places which may be allotted by IRCON or used for the purpose of contract.

4.0 OMMISSION AND DISCREPENCIESShould a tenderer find discrepancies in or omissions from the drawings or any of the tender forms or should he be in doubt as to their meaning, he should at once notify the authority inviting tenders who may send written instruction to all tenderers. It shall be understood that every endeavor has been made to avoid any error which can materially affect the basis of the tender and the successful tenderer shall take upon himself and provide for the risk of any error which may subsequently be discovered and shall make no subsequent claim on account thereof.

5.0 UNDERSTANDING OF DOCUMENTS5.1 When there is any conflict between the Special conditions of contract /

specifications given in this tender and the specifications issued by the Bureau of Indian Standards/Indian Roads Congress or any other body / Institution / Authority as the case may be, mentioned in various chapters, the specifications given in this tender shall prevail over the specifications issued by BIS, IRC or any

other Body/Institution. However, where there is any ambiguity the decision of the Engineer-in-charge in this regard shall be final and binding.

5.2 Any note(s) appearing in the contract Schedules will take precedence over Special Conditions and General Conditions of contract.

5.3 Any specifications/conditions stated by the tenderer in the covering letter submitted by him along with the tender shall be deemed to be a part of the contract only to such an extent as has been explicitly accepted by IRCON.

5.4 All measurements, methods of measurements meaning and intent of specifications and interpretation of special Conditions of contract given and made by IRCON shall be final and binding

6.0 EARNEST MONEY DEPOSIT6.1 MODE OF EARNEST MONEY

In respect of this work, the tender must be accompanied with an Earnest Money Deposit for a sum as prescribed in tender notice in any of the forms mentioned below failing which the tender will not be considered and will be summarily rejected. The EMD shall be valid for at least the validity period of offer unless otherwise specifically indicated and shall be extended if required for by IRCON.

i) By a Demand Draft / Pay Order from any Scheduled Bank in India in favour of IRCON International Ltd., payable at New Delhi.

ii) By a Fixed Deposit Receipt issued by any Scheduled Bank in India endorsed in favour of IRCON International Limited, New Delhi.

NOTE:a) The EMD shall be valid for not less than 90 days from the date of opening

of Tender.b) Cash remittances will not be accepted as EMD.c) Cheque, war bonds, Govt. Promissory notes and cash certificates will not

be accepted as EMD.d) The Earnest Money required to be deposited for each package will be as

prescribed in tender notice.e) No interest shall be payable on the Earnest Money Deposit.f) Any request for recovery from outstanding bills for Earnest money against

present tender will not be entertained. Tender submitted with Earnest Money in any form other than those specified above shall not be considered.

6.2 CONVERSION / RETURN OF EARNEST MONEYIt shall be understood that the tender documents have been sold / issued to the tenderer and the tenderer is permitted to tender in consideration of stipulation on his part, that after submitting his tender, he will not resile from his offer or modify the terms and conditions thereof in a manner not acceptable to IRCON. Should

the tenderer fail to observe or comply with the said stipulation, the earnest money shall be liable to be forfeited.

If the tender is accepted, this earnest money of the said firm/s will be retained as part of Security for the due and faithful fulfillment of the contract.

The earnest money of the other unsuccessful tenderers shall be returned to them but IRCON shall not be responsible for any loss or depreciation that may happen thereto while in its possession nor be liable to pay interest thereon.

7.0 VALIDITY OF OFFERThe tenderer shall keep his offer valid for acceptance for a minimum period of 90 days from the date of opening of tender. Should IRCON so require, the tenderer shall revalidate his offer without change of prices and terms for another period of 60 days on expiry of initial validity period of 90 days.

8.0 SECURITY DEPOSIT/RETENTION MONEYThe Security Deposit applicable shall be 5% of the contract sum. Thus, the total security Deposit including the amount of Earnest Money deposited with the tender shall be 5% of the contract sum.

8.1 DEDUCTION OF SECURITY DEPOSIT/RETENTION MONEYThe Security Deposit shall be collected in the following manner:A sum equal to 10% of the value of work done shall be deducted from each on Account bill of the contractor until the total amount of deduction including the Earnest Money reaches 5% of the contract value.

8.2 REFUND OF SECURITY DEPOSIT/RETENTION MONEYThe Security Deposit deducted in cash can be refunded to the contractor after preparation of final bill, on issuance of completion certificate by Engineer in charge and acceptance of the same by the contractor and thereafter on the expiry of defect liability period reckoned from the date of completion certificate comprising the whole of works. The retention money shall be released after all failures, defects, imperfections shrinkages and faults have been rectified by the contractor to the satisfaction of the Engineer in charge and defect liability certificate is issued by the engineer in charge. No interest shall be payable by IRCON to the contractor against the Security Deposit recovered from the contractor’s payments.

9.0 PERFORMANCE BANK GUARANTEEWithin 28 days from the date of issue of Acceptance Letter by IRCON but before signing of the agreement, the contractor shall submit a Performance Bank Guarantee to IRCON for 2% value of the contract sum issued by Scheduled bank of India on a format issued / approved by IRCON. The Performance Bank Guarantee shall be kept valid for the three months beyond entire contract period which shall be the duration of the execution of the contract works and the

maintenance period thereafter. Thus the validity period of Performance Bank Guarantee shall be until issue of completion certificate by the Engineer-in-charge plus the defects liability / Maintenance period following immediately thereafter plus three months. The contractor shall revalidate, if needed, the performance bank guarantee to cover the period until issue of completion certificate and the Maintenance period following thereafter.

10.0 AGREEMENTAll expenses in drawing up the agreement and the cost of stamp duty, if any, shall be borne by IRCON.

11.0 CHANGE OF ADDRESS OF CONTRACTORAny change in the address of the contractor shall be forthwith intimated in writing to IRCON. IRCON will not be responsible for any loss or inconvenience suffered by the contractor on account of his failure to comply with this.

12.0 CANCELLATION OF DOCUMENTSThe cancellation of any document such as power of attorney, partnership Deed etc., shall forthwith be communicated by the contractor to IRCON in writing failing which IRCON shall have no responsibility or liability for any action on the strength of said documents.

13.0 DISSOLUTION OF CONTRACTOR’S FIRMIf the contractor’s firm is dissolved due to death or retirement of any partner or for any reasons whatsoever before fully completing the whole work or any part of it undertaken by the Principal agreement, the partners shall remain jointly, severally and personally liable to complete the whole work to the satisfaction of IRCON and to pay compensation for loss sustained, if any, by IRCON due to such dissolution. The amount of such compensation shall be decided by the Engineer-in-charge and his decision in the matter shall be final and binding.

14.0 DEPLOYMENT OF PLANT AND MACHINERYThe deployment of all plant and machinery including moving machines shall be such as not to infringe or cause damage to Railway track or any other Government or private properties. Operation of such equipment involving infringement to moving dimensions prescribed in the handbook of the Schedule of Dimensions of the Railway shall not be undertaken without the prior approval of the Engineer-in-charge. For any loss or damage resulting from violation of this clause the contractor(s) shall be wholly responsible.

15.0 USE OF NEW MATERIALS SECURED WITH CLIENT’S ASSISTANCEWhere any raw materials for the execution of the contract are procured with the assistance of the IRCON either by issue from railway stocks or purchased under arrangements made or permits or licenses issued by the Government, the contractor shall hold said materials as a trustee for the IRCON and use such materials economically and solely for the purpose of the contract against which

they are issued and not dispose them of without the permission of the IRCON. He shall also return if required by the Engineer-in-charge to such destination as may be directed, all or part of surplus or unserviceable materials that may be left with him after the completion of the contract or at its termination for any reason whatsoever on payment of such price as Engineer-in-charge may fix with due regard to the conditions of the materials. In the event of the contract being cancelled for any default on the part of the tenderer, the freight charges for the return of the materials according to the direction of the Engineer-in-charge shall be borne by the contractor. The decision of the Engineer-in-charge shall be final and binding.

15.1 In the event of any breach of the aforesaid condition, the contractor shall in addition to making himself liable for action for contravention of the terms of the license or permit and/or for criminal breach of trust, be liable to account to IRCON for all moneys, advantages, profits resulting or which in the usual course would have resulted to him by reasons of such breach.

16.0 STORAGE OF MATERIAL AND APPROVAL OF SAMPLESThe contractor shall make his own arrangements at the site of work for the safe storage and custody of materials. The materials should be stocked and stored as per specifications.

16.1 IRCON reserves the right to inspect the storage yard of the contractor where the materials are stored and take samples wherever considered necessary, get them tested by any agency and the same if found unsuitable or not as per specifications as specified, it shall be rejected. The contractor cannot claim in such event, the losses, damages, expenditure incurred by him. IRCON shall not entertain any claims on this account.

16.2 All materials to be used in the work by the contractor shall be subject to the prior approval of the Engineer-in-charge of the work. Before using in the works the Tenderer/contractor shall submit samples of materials and arrange for the supplies duly submitting test certificate. All supplies shall be made as per approved samples.

17.0 CONTROLLED BLASTINGWherever a cutting passes through or near OHE transmission line, highway / Railway track and at places near the villages, only controlled blasting is to be resorted to as per direction of the Engineer-in-charge, and no extra payment shall be made for such controlled blasting.

18.0 STORAGE OF PETROLEUM PRODUCTSNo petroleum spirit with in the meaning of the Indian Petroleum Act shall be stored at site or adjacent to it, until the approval of the Railway/IRCON and necessary license under the Act has been obtained by the contractor.

19.0 SAFE WORKING METHODSThe contractor shall at all time, adopt such safe methods of work as will ensure safety of structures equipment and labour. If at any time the Railway/IRCON finds the safety arrangements inadequate or unsafe the contractor shall take immediate corrective action as directed by IRCON’s representative at site. Any dereliction in the matter shall in no way absolve the contractor of his sole responsibility to adopt safe working methods.

20.0 ENVIRONMENTAL PROTECTIONThe contractor must organize his work in such a way that the ecology of the area is not badly affected. The instructions issued in this regard will have to be carefully followed. Particular attention is required in case of making the pits for taking out the earth from the quarries and also in the dumping of cut spoils etc.

20.1 The section passes through forest land. The contractor or his labours are prohibited to cut the trees for purpose of firewood or for any other purpose. Cutting of these trees as required under the items of works indicated in the tender schedules may be carried out strictly as directed by the Engineer-in-charge of the work. Unauthorized felling of trees will result in prosecution and imprisonment. So it is the contractor’s responsibility to cause no damage to the forest growth and any fuel required by the contractor for his own use or for the use of his labourers, should be arranged by the contractor at his own cost. The contractor should take this aspect into consideration while quoting the rates against the tender.

21.0 EMERGENCY WORKSIn the event of any accident or failure occurring in or about the work or arising out of or in connection with the construction, completion or maintenance of the works, which in the opinion of the Engineer requires immediate attention, IRCON may bring its own workmen or other agency to execute or partly execute the necessary work or carry out repairs if the Engineer consider that the contractor (s) is/are not in a position to do so in time and charge the cost there of as to be determined by the Engineer-in-charge to the contractor.

22.0 NIGHT WORKContractor(s) attention is drawn to this stipulation that no work shall be carried out between sunset and sunrise without prior permission of the Engineer-in-charge.

22.1 If the Engineer-in-charge is satisfied that the work is not likely to be completed in time except by resorting to night work, he may order the contractor(s) to carry out the works even at night without conferring any right on the contractor for claiming any extra payment for the same. All arrangements in this connection shall be made by the contractor at his own costs.

23.0 EMPLOYMENT OF QUALIFIED GRADUATE ENGINEERS / DIPLOMA HOLDERS BY CONTRACTOR

The contractor shall employ sufficient number of technical staff who shall be qualified Graduate Engineers and Diploma holders as required for setting out checking alignment, computation of quantities, taking measurements, and also for efficient supervision of various works as per specifications at different works spots. The list of names, qualification and experience of these personnel should be furnished along with the tender documents. The contractor should also submit a list of names of graduate engineers and diploma holders with their bio-data to IRCON within 15 days from the date of issue of Letter of Acceptance for approval. Any further changes should be advised and got approved.

23.1 The contractor’s technical staff should be available at site to take instructions from the Engineer-in-charge. In case the contractor fails to employ sufficient number of qualified technical staff, IRCON reserves its right to take necessary action.

23.2 In case the contractor fails to employ the technical staff as aforesaid to the satisfaction of the Engineer-in-charge, he shall be liable to pay a reasonable amount not exceeding a sum of Rs. 2000/- for each month of default in case of each graduate engineer and Rs. 1000/- for each month of default in case of each diploma holder. The decision of the Engineer-in-charge as to the amount to be deducted on this account shall be final and binding on the contractor.

24.0 ROYALTIES AND PATENT RIGHTSThe contractor shall defray the cost of all royalties, fees and other payments in respect of patent rights and licenses which may be payable to any patentee, licensee or other person or corporation and shall obtain all necessary licenses. In case of any breach (whether willfully or inadvertently) by the contractor of this provision the contractor shall, indemnify the Railway/IRCON and their officers, servants, representatives against all claims, proceedings, damages, cost charges, acceptances loss and liability which they or any of them sustain incur or be put by reason or in consequence directly or indirectly of any such breach and against payment of any royalties, damages other monies which the Railway / IRCON may have to make to any person or any machine, instruments, process, articles, matters, or thing constructed, manufactured, supplied or delivered by the contractor to his order under this contract.

25.0 SCOPE AND PERFORMANCE25.1 CONTRACT DOCUMENTS

The contractor shall be furnished, free of charge, with one copy of the contract documents and one set of all relevant drawings, which may be issued during the progress of the works. He shall keep these documents on the site in good order, and the same at all reasonable times be available for inspection and use by the Engineer-in-charge, his representative or by other inspecting Officers.

25.2 None of these documents shall be used by the contractor for any purpose other than that of this contract.

25.3 The contractor shall take necessary steps to ensure that all persons employed on any work in connection with this contract have noted that the Indian Official Secrets Act 1923 (XIX of 1923) applies to them and shall continue so to apply even after the execution of such work under the contract.

26.0 WORKS TO BE CARRIED OUTThe works to be carried out under the contract shall except as otherwise provided in these conditions, include all labour, materials, tools, plant, equipment, and transport which may be required in preparation of and for full entire execution and completion of the works. The descriptions given in the Schedule of Quantities shall, unless otherwise stated, be held to include waste on materials, carriage and cartage, carrying in return of empties, hoisting, setting for fitting and fixing in position and all other labour necessary for the full and entire execution and completion as aforesaid in accordance with good practice and recognized principles.

27.0 SUFFICIENCY TO TENDERThe 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 rate quoted in financial bid packet-II, which shall cover all his obligations under the contract and all matters and things necessary for the proper completion and maintenance of the works including defect liability period.

28.0 DISCREPANCIES AND ADJUSTMENT OF ERRORS28.1 In case of discrepancy between Schedule of Quantities, the Specifications and/or

the Drawings, the order of priority shall be observed as per clause 20 of S.C.C.

28.2 If there are varying or conflicting provisions made in any one documents forming part of the Contract, the Accepting Authority shall be the deciding authority with regard to the intention of the document and whose decision shall be final and binding on the contractor.

28.3 Any error in description, quantity or rate in Schedule of Quantities or any omission there from shall not vitiate the contract or release the contractor from the execution of the whole or any part of the works comprised there in according to drawings and specifications or from any of his obligations under the contract.

29.0 SUSPENSION OF WORKSThe contractor shall, on receipt of the order in writing of the Engineer-in-charge, suspend the progress of the work or any part thereof for such time and such manner as the Engineer-in-charge may consider necessary for any of the following reasons:

i) On account of any default on part of the contractor; or

ii) For improper execution of the work or part thereof for reasons other than the default of the contractor; or

iii) For safety of the works or part thereof, the contractor shall, during such suspension properly protect and secure the works to the extent necessary and carry out the instructions given in that behalf by the Engineer-in-charge.

30.0 LABOURThe contractor shall employ labour in sufficient number to maintain the required rate of progress and to ensure workmanship of the degree specified in the contract and to the satisfaction of the Engineer-in-charge. The contractor shall not employ in connection with the works any person who has not completed his fifteen years of age.

30.1 The contractor shall furnish to the Engineer-in-charge at the intervals mentioned in prescribed form details of the number with description by trades of the work people employed on the works. The contractor shall also submit on the 4 th and 19th

of every month to the Engineer-in-charge a true statement showing the labour employed in respect of the second half of the preceding month and the first half of the current month .The contractor shall also give details of (i) the accidents that occurred during the fortnight showing the circumstances under which they happened and the extent of damage and injury caused by them and (ii) the number of female workers who have been allowed maternity benefit as provided in the rule and the amount paid to them.

30.2 The contractor shall pay to labour employed by him either directly or through sub-contractors wages not less than fair wages as defined in the contract regulations.

30.3 The contractor shall in respect of labour employed by him or his sub-contractors comply with or cause to be complied with the contract Labour Regulations in regard to all matters provided therein.

30.4 The contractor shall comply with the provisions of the payment of wages Act, 1936 minimum wages Act, 1948, Employer’s liability Act, 1938. Workmen’s Compensation Act, 1923, Industrial Dispute Act 1947, Maternity Benefit Act 1961 & Mines Act 1952, Contract labour (Regulations and Abolition) Act 1970 and labour central rules 1971 or any modification thereof or any other law relating thereto and rules made there under from time to time where applicable and shall also indemnify the IRCON from and against any claim under the aforesaid Act & Rules.

30.5 The contractor/s shall thoroughly familiar himself /themselves about the provision of contract labour Acts in force and submit a certificate to the Engineer-in-charge of the work indicating whether the provision of such Acts & Rules as are

applicable. The contractor/s shall observe all the formalities, perform all the acts and abide by all the provisions contained in these Contract Labour Acts.

30.6 The contractor should be registered with Regional Provident Fund commissioner concerned or give an undertaking that they would cover the contract labour engaged by them as well as their sub-contractors for the purpose of Provident Fund benefits.

a) The contractor/s shall obtain license from the appropriate licensing officer of the area before commencement of the work and shall produce a copy thereof along with the original to the Engineer-in-charge of the work immediately on start of the work. The original will be returned to the contractor after verification. Similar action will be taken by the contractor at the time of renewal of license.

b) The contractor’s shall provide rest rooms, canteens, latrines and urinals, washing facilities and First Aid Facilities Strictly in accordance with the provisions of contract labour Acts. If these facilities are not provided by the contractors within the stipulated time, the same will be provided by the IRCON and the cost for the same will be debited to the contractor.

c) The contractor/s shall pay wages to his labour in a manner laid down in contract labour Acts in the presence of the Engineer-in-charge or his authorized representative. In case the contractor/s labour performs the same or similar kind of work as the workmen directly employed by the IRCON, the wages rates, holidays, hours of work and other conditions of service of the workmen employed by the IRCON, shall be applicable to the contractor labour also.

d) The contractor/s shall keep and maintain necessary register/records and issue employment cards/service certificates and display notices in accordance with contract labour Acts.

e) In any case in which by virtue of section 20 (2) and 21 (4) of the contract labour regulation and Abolition Act, 1970 or any modification/revision thereafter, IRCON is obliged to provide amenities and / or pay wages to labour employed by the contractor directly or through petty contractor/s or sub-contractors under this contract, then the contractor shall indemnify the IRCON fully and the IRCON shall be entitled to recover from the contractor the expenditure incurred on providing the said amenities and/or wages so paid by deducting it from the security deposit or from any sum due by the IRCON to the contractor/s provided if any dispute arise as the expenditure incurred by the IRCON on provisions of the said amenities. The decision of the Engineer-in-charge thereof shall be final and binding.

31.0 The contractor shall not be permitted to enter on (other than for inspection purpose) or take possession of the site until instructed to do so by the Engineer-in-Charge in writing. The portion of the site to be occupied by the contractor shall be defined and/or marked on the site plan failing which these shall be indicated by the Engineer-in-charge at site and the contractor shall on no account be allowed to extend his operations beyond these areas.

31.1 Such use or occupation shall not confer any right of tenancy of the land to the contractor.

31.2 The contractor shall provide, if necessary or if required on the site, all temporary access there to and shall alter, adopt and maintain the same as required from time to time and shall take up and clear them away as and when no longer required and as and when ordered by the Engineer-in-charge and make good all damage done to the site.

32.0 The contractor shall not at any time do, cause or permit any nuisance on the site or do anything which shall cause unnecessary disturbance or inconvenience to owners, tenants or occupants of other properties near the site and to the Public generally.

33.0 TREASURE, TROVE, FOSSILS, ETC.All fossils, coins articles of value or antiquity and structures and other remains or things of geological or archaeological interest discovered on the site shall be the absolute property of the IRCON and the contractor shall take reasonable precautions to prevent his workmen or any other person from removing or damaging any such article or thing, shall immediately upon discovery thereof and before removal acquaint the Engineer-in-charge with such discovery and carry out the Engineer-in-charge’s directions as to do the disposal of same at the expense of IRCON.

34.0 PROTECTION OF TREES Trees designated by the Engineer-in-charge shall be protected from damage during the course of the works and earth level within 1 meter of each such tree shall not be changed. Where necessary such trees shall be protected by providing temporary fencing.

35.0 The contractor shall provide and maintain at his own expenses all lights, guards, fencing and watching when and where necessary or required by the Engineer-in-charge for the protection of the work or for the safety and convenience of those employed on the works or the public.

36.0 CONTRACTOR’S SUPERVISIONSThe contractor shall either himself supervise the execution of the works or shall appoint a competent agent approved by the Engineer-in-charge. If the contractor has himself not sufficient knowledge and experience to be capable of receiving

instructions or cannot give his full attention to the works, the contractor shall at his own expense, employ as his accredited agent an Engineer approved by the Engineer-in-charge. Orders given to the Contractor’s agent shall be considered to have the same force if these had been given to the contractor himself. If the contractor fails to appoint a suitable agent as directed by the Engineer-in-charge, the Engineer-in-charge shall have full powers to suspend the execution of the works until such date as a suitable agent is appointed and the Contractor shall be held responsible for the delay so caused to the works.

37.0 The Engineer-in-charge or his representative shall have powers at any time to inspect and examine any part of the works and the contractor shall give such facilities as may be required for such inspection and examination.

38.0 DUTIES AND POWERS OF ENGINEER - IN - CHARGE’S REPRESENTATIVE

38.1 The duties of the representative of the Engineer-in-charge are to watch and supervise the works and to test and examine any materials to be used or workmanship employed in connection with the works. He shall have no authority to order any work involving any extra payment by IRCON or make any variation in the works.

38.2 The Engineer-in-charge may from time to time in writing delegate to his representative any of the powers and authorities vested in the Engineer-in-charge and shall furnish to the Contractor a copy of all such written delegation of powers and authorities. Any written instruction or written approval given by the representative of the Engineer-in-charge to the contractor within the terms of such delegation shall bind the contractor and the IRCON as though it has been given by the Engineer-in-charge.

38.3 Failure of the Representative of the Engineer-in-charge to disapprove any work shall not prejudice the power of the Engineer-in-charge thereafter to disapprove such work or materials and to order the pulling down removal or breaking up thereof.

39.0 The contractor shall employ in and about the execution of the works only such persons as are skilled and experienced in their several trades and the Engineer-in-charge shall be at liberty to object to and require the contractor to remove from the works any person employed by the contractor in or about the execution of the works who in the opinion of the Engineer-in-charge misconducts himself or is incompetent or negligent in the proper performance of his duties and such person shall not again be employed upon the works without permission of the Engineer-in-charge.

40.0 UNCOVERING AND MAKING GOODThe contractor shall uncover any part of the works and/or make openings in or through the same as the Engineer-in-charge may from time to time direct for his

verification and shall reinstate and make good such part to the satisfaction of the Engineer-in-charge. If any such part has been covered up or put of view after being approved by Engineer-in-charge and is subsequently found on un-covering to be executed in accordance with contract, the expenses of uncovering and/of making opening in or through reinstating and making good the same shall be borne by the IRCON. In any other case all such expenses shall be borne by the contractor.

41.0 WORK DURING NIGHT OR ON SUNDAYS AND HOLIDAYSSubject to any provisions to the contrary contained in the contract, none of permanent works shall be carried out during night or on authorized holidays without the permission in writing of Engineer-in-charge.

42.0 COMPLETION CERTIFICATEAs soon as the work is completed, the contractor shall give notice of such completion to the Engineer-in-charge and within thirty days of receipt of such notice the Engineer-in-charge shall inspect the work and shall furnish the contractor with a certificate of completion indicating (a) the date of completion (b) defects to be rectified by the contractor and/or (c) items for which payment shall be made at reduced rates. No certificates of completion shall be issued nor shall the work be considered to be completed till the contractor shall have removed from the premises on which work has been executed all scaffoldings, sheds and surplus material except such are required for rectification of defects, rubbish and all huts and sanitary arrangements required for his workmen on the site in connection with the execution of the work as shall have been erected by the contractor or the workmen and cleaned all dirt from the parts of building(s) in upon or about which the work has been executed or of which he may have/had possession for the purpose of the execution thereof and cleaned floors, gutters and drains, eased doors and sashes oiled locks and fastenings labeled keys clearly and handed them over to the Engineer-in-charge and made the whole premises fit for immediate occupation or use to the satisfaction of the Engineer-in-charge. If the contractor shall fail to comply with any of the requirement of these conditions as aforesaid, on or before the date of completion of the works, the Engineer-in-charge may at the expense of the contractor fulfill such requirements and dispose of the scaffoldings, surplus materials and rubbish, etc. as he thinks fit and the contractor shall have no claim in respect of any such scaffolding or surplus materials except for any sum actually realised by the sale thereof less the cost of fulfilling the requirements and any other amount that may be due from the contractor. If the expenses of fulfilling such requirements are more than the amount realised on such disposal as aforesaid, the contractor shall forthwith on demand pay such excess.

a) If at any time before completion of the entire work, items or group of items for which separate periods of completion have been specified have been completed the Engineer-in-charge can take possession of any part of the same (any such parts being hereinafter in this condition referred to as

the relevant part) than not withstanding any thing expressed or implied elsewhere in this contract, the defects liability period in respect of such items and the relevant part shall be deemed to have commenced from the certified date of completion of such items or the relevant part as the case may be.

43.0 FACILITIES TO OTHER CONTRACTORSThe contractor shall in, accordance with the requirements of the Engineer-in-charge afford all reasonable facilities to other contractors engaged contemporaneously on separate contracts in connection with the works and for departmental labour and labour of any other properly authorised authority or statutory body which may be employed at the site on execution of any work not included in the contract or of any contract which the IRCON may enter in connection with or ancillary to the works.

43.1 Sub ContractsThe contractors shall not sub-contract any portion of the contract without the prior written approval of the Accepting Authority. Employment of piece rate workers shall not be deemed as sub-contractor.

44.0 INSTRUCTIONS AND NOTICESSubject as otherwise provided in this contract all notices to be given on behalf of the IRCON and other actions to be taken on its behalf may be given or taken by the Engineer-in-charge or any officer for the time being entrusted with the functions, duties and powers of the Engineer-in-charge.

44.1 All instructions, notices and communications etc. under the contract shall be given in writing and if sent by registered post to the last known place of above or business of the Contractor shall be deemed to have been served on the date when in the ordinary course of post these would have been delivered to him.

44.2 The contractor or his Agent shall be in attendance at the Site(s) during all working hours and shall superintend the execution of the works with such additional assistance in each trade as the Engineer-in-charge may consider necessary. Orders given to the contractor’s agent shall be considered to have the same force as if they had been given to the contractor himself.

44.3 Site inspection register will be maintained by the Engineer-in-charge or his day representative in which the contractor or his agent will be bound to sign day to day entries made by the Engineer-in-charge or his representative. The contractor is required to take note of the instruction given to him in site inspection register and should comply within a reasonable time. The contractor will also arrange to receive all the letters etc. issued to him at the site of work.

45.0 FORECLOSURE OF CONTRACT IN FULL OR IN PART DUE TO ABANDONMENT OR REDUCTION IN SCOPE OF WORKS

If at any time after acceptance of the tender the IRCON shall decide to abandon or reduce the scope of the works for any reason whatsoever and hence not require the whole or any part of the works to be carried out, the Engineer-in-charge shall give notice in writing to that effect to the contractor and the contractor shall have no claim to any payment of compensation otherwise whatsoever on account of any profit or advantage which he might have derived from the execution of the works in full but which he did not derive in consequence of the foreclosure of the whole or part of the works.

45.1 The contractor shall be paid at contract rates full amount for works executed at Site and in addition, a reasonable amount as certified by the Engineer-in-charge for the items hereunder mentioned which could not be utilized on the work to the full extent because of the foreclosure:

a) Any expenditure incurred on preliminary site work e.g. temporary access roads, temporary labour huts, staff quarters and site offices, storage accommodation and water storage tanks.

b) 1) The IRCON shall have the option to take over contractor’s materials or any part thereof either brought to site or of which the contractor is legally bound to accept delivery from suppliers (for incorporation in or incidental to the work) provided, however IRCON shall be bound to take over the materials or such portions thereof as the Contractor does not desire to retain. For materials taken over by the IRCON, cost of such materials, shall take into account purchase prices, cost of transportation and deterioration or damage which may have been caused to materials while in the custody of the contractor.

2) For the contractor’s materials not retained by the IRCON, reasonable cost of transporting such material from site to Contractor’s permanent stores or to his other works whichever is less shall be paid by IRCON. If materials are not transported to either of the said places, no cost of transportation shall be payable.

c) If any material supplied by IRCON are rendered surplus, the same shall be returned by the contractor to IRCON. In case the surplus material is not available, recovery shall be done at market rate prevailing at that time including cost of transporting such materials from site to the IRCON stores.

45.2 The contractor shall, if required by the Engineer-in-charge furnish to him books of account, wage books, time sheet and other relevant documents as may be necessary to enable him to certify the reasonable amount payable under this condition.

46.0 TERMINATION OF CONTRACT FOR DEATH

If the contractor is an individual or a proprietary concern and the individual or the proprietor dies and if the contractor is a partnership concern and one of the partners dies then unless the Accepting Authority is satisfied that the legal representatives of the individual contractor or the proprietor of the proprietary concern and in the case of partnership, the surviving partners, are capable of carrying out and completing the contract, the Accepting Authority shall be entitled to cancel the contract as to its incomplete part without the IRCON being in any way liable to payment of any compensation to the estate of the deceased contractor and/or to the surviving partners of the contractor’s firm on account of the cancellation of the contract. The decision of the Accepting Authority that the legal representative of the deceased contractor or the surviving partners of the contractor firms cannot carry out and complete the contract shall be final and binding on the parties.

47.0 CANCELLATION OF CONTRACT IN FULL OR IN PARTIf the Contractor:a) at any time makes default in proceeding with the works with due diligence

and continues to do so after a notice in writing of 7 days from the Engineer-in-charge; or

b) Commits default in complying with any of the terms and conditions of the contract and does not remedy it or take effective steps to remedy it within 7 days after a notice in writing is given to him in that behalf by the Engineer-in-charge; or

c) Fails to complete the works or items of works with individual dates of completion on or before the date(s) of completion, and does not complete them within the period specified in a notice given in writing in that behalf by the Engineer-in-charge; or

d) Assigns, transfers, sublets (engagement of labour on a piece work basis or of labour with materials not be incorporated in the work, shall not be deemed to subletting) or attempted to assign, transfer or sublet the entire works or any portion thereof without the prior written approval of the Accepting Authority. The Accepting Authority may, without prejudice to any other right or to remedy, which shall have accrued or shall accrue thereafter to IRCON by a written notice of 48 hrs. cancel the contract as a whole or only such items of work in default from the contract.

47.1 The Accepting Authority shall on such cancellation have powers to:a) Take possession of the Site and any materials, machinery & plants,

implements, stores, etc. thereon and/or,b) Carry out the incomplete work by any means at the risk and cost of the

contractor.

47.2 On cancellation of the contract in full or in part the Accepting Authority shall determine what amount, if any, is recoverable from the Contractor for completion of works or part of the works or in case the works or part of the works is to be completed the loss of damage suffered by the IRCON. In determining the amount credit shall be given to the Contractor for the value of the work executed by him upto the time of cancellation the value of contractor’s material taken over and

incorporated in the work and use of tackle and machinery belonging to the contractor.

47.3 Any excess expenditure incurred or to be incurred by the IRCON in completing the works or part of the works of the excess loss or damage suffered or may be suffered by the IRCON as aforesaid after allowing such credit shall be recoverable from any moneys due to the Contractor on any account, and if such moneys are not sufficient the contractor shall be called upon in writing to pay the same within 30 days.

47.4 If the contractor shall fail to pay the required sum within the aforesaid period of 30 days, the Engineer-in-charge shall have the right to sell any or all of the Contractor’s unused materials, machinery & plants, implements, temporary buildings etc., and apply the proceeds of sale thereof towards the satisfaction of any sums due from contractor under the contract and if thereafter there be any balance outstanding from the contractor, it shall be recovered in accordance with the provision of the contract.

47.5 Any sums in excess of the amounts due to the IRCON and unsold materials, machinery & plants etc. shall be returned to the contractor, provided always that if cost of anticipated cost of completion by the IRCON of the works or part of the works is less than the amount which the contractor would have been paid had he completed the works or part of the work such benefit shall not accrue to the Contractor.

48.0 URGENT WORKIf any Urgent work (in respect whereof the decision of the Engineer-in-charge shall be final and binding) becomes necessary and the contractor is unable or unwilling at once to carry it out, the Engineer-in-charge may by his own, carry it out as he may consider necessary. If the urgent work shall be such as the Contractor is liable under the contract to carry out at his expenses all expenses incurred on it by the IRCON shall be recoverable from the contractor and be adjusted or set of against any sum payable to him.

49.0 ARBITRATION AND LAWS49.1 ARBITRATION

Except where otherwise provided for in the contract all questions and disputes relating to the meaning of the specifications, designs, drawings, and instructions here in before mentioned and as to the quality of Workmanship or materials used on the work or as to any other question, claim, right matter or thing whatsoever in any way arising out of or relating the contract, design, drawings, specifications, estimates, instructions, orders of these conditions or otherwise concerning the works or the execution or failure to execute the same whether arising during the progress of the work or after the completion or abandonment there of shall be referred to arbitrator to be appointed by the Managing Director, IRCON from a panel of arbitrators approved by the Northern Railway. The arbitrator to whom the matter is originally referred being transferred or vacating his office or being unable to act for any reason as aforesaid at the time of such transfer, vacation of

office or inability to act, the Managing Director, IRCON shall appoint another person to act as arbitrator in accordance with the terms of the contract. It is also a term of this contract that no person other than a person appointed by the Managing Director, IRCON as aforesaid should act as arbitrator and if for any reason, that is not possible the matter is not to be referred to arbitration at all.

Subject as aforesaid the provision of the Arbitration Act, 1996, or any statutory modification or reenactment there of and the rules made there under and for the time being in force shall apply to the Arbitration proceeding under this clause.

It is a term of the contract that the party invoking arbitration shall specify the dispute or disputes to be referred to arbitration under this clause together with the amounts claimed in respect of each such dispute.

The arbitrator may from time to time with consent of the parties enlarge the time, for making and publishing the award.

The work under the contract shall, if reasonable possible, continue during the arbitration proceedings and payment due or payable to the contractor shall be with held on account of such proceedings.

The arbitrator shall be deemed to have entered into (on there of reference on there of) reference on the date he issued notice to both the parties fixing the date of the first hearing.

The arbitrator shall give a separate award in respect of each dispute or difference referred to him.

The venue of arbitration shall be such place as may be fixed by the arbitrator in his sole discretion.

The award of the arbitration shall be final conclusive and binding.

49.2 QUALIFICATION & FEE OF ARBITRATION

a) The fees and other charges of the Conciliator / Arbitrator shall be as per the scales fixed by the Employer from time to time and shall be shared equally between the Employer and the Contractor.

b) The minimum qualifications of Conciliator / Arbitrator shall be graduate in Engineering. He may be working or retired officer with a minimum of 20 years service in Group – A of any Engineering Service of Central Government or any equivalent service in a Central PSU. He should be clear from the vigilance angle and should be a person with reputation of high technical ability and integrity. Also, he should not have associated with the contract to which the dispute pertains.

50.0 LAWS GOVERNING THE CONTRACTThis contract shall be governed by the Indian Laws for the time being in force.

51.0 COURTS JURISDICTIONIncase of any disputes/differences between contractor & IRCON the jurisdiction shall be of Delhi Courts only.

52.0 SUPPLEMENTARY AGREEMENTAfter the work is completed and taken over by IRCON as per terms and conditions of the contract agreement or otherwise concluded by the parties with mutual consent and full and final payment is made by IRCON to the contractor for work done under the contract the parties shall execute the supplementary agreement annexed in tender document.

53.0 In case any condition is not covered in this general conditions or special conditions given in this Tender document, in that case conditions as given in N. Rly General Conditions of Contract or other instructions of N. Rly / RAILWAY BOARD on the subject matter shall be followed.

54.0 CERTIFICATE OF FAMILIARISATION54.1 FAMILIARITY WITH THE SITE OF WORKS

As the terms of this Tender would require, the tenderer is expected to quote his rates only after he has acquainted himself thoroughly with the various aspects and features of the site of works and conditions obtaining therein.

54.2 CERTIFICATES BY THE TENDERERIn accordance with this Clause, the tenderer shall sign the certificates as per Annexure-I and submit them along with his offer to IRCON.

For and on behalf of IRCON International Limited.

Signature………………………

Designation……………………

I/We agree to abide by the terms and conditions mentioned at page 01 to 20.

Signature of the Tenderer/s

Address ………………………………………………………..