Page 1 of 214

Engineering, Procurement & Construction

(EPC) Contract in connection with Proposed Doubling of MBNR-DHNE section
- Proposed Construction of Important Bridges

(i) Bridge No.353 over Mareddypalli vagu at Ch.165379.00m with

15x12.20m Clear span PSC Slab,
(ii) Bridge No.375 over Okachetty vagu at Ch.173523.0m with
21x12.20m Clear span PSC Slab,
(iii) Bridge No.398 over Krishna river at Ch.182034.0m with
34x24.40m Clear span PSC Box Girder ,
(iv) Bridge No. 442 over Tungabhadra river at Ch: 241415.0m with
45x18.30 m clear span with PSC U girder and
(v) Bridge No. 450 over Handrineeva river at Ch. 244347.30m with
14x12.20 m clear span with PSC slab including earth work on
approaches of the bridges, bridge protective works and other
miscellaneous works in Hyderabad Division of SCR in the state of
Telangana”.

South Central Railway

Secunderabad.

Signature Not
Verified
Digitally signed by
SRIKANTH
SURYANARAYANA
ARUGOLLU
NUNE
Date: 2024.05.30
2024.03.09
[Link] IST
[Link]
Reason: IREPS-CRIS
Location: New Delhi
 Page 2 of 214

Contents Page No
PART I 9
Preliminary
Recitals
1 Definitions and Interpretation
1.1 Definitions 11
1.2 Interpretation 12-13
1.3 Measurements and arithmetic conventions 13
1.4 Priority of agreements and errors/discrepancies 13
1.5 Joint and several liability 14
PART II 15
Scope of the Project
2 Scope of the Project 16
2.1 Scope of the Project 16
3 Obligations of the Contractor
3.1 Obligations of the Contractor 17-18
3.2 Obligations relating to sub-contracts and any other 19
agreements
3.3 Employment of foreign nationals 20
3.4 Contractor’s personnel 20
3.5 Advertisement on Railway Project 20
3.6 Contractor’s care of the Works 20
3.7 Electricity, water and other services 20
3.8 Unforeseeable difficulties 21
3.9 Training of Authority’s personnel 21
3.10 Safety at work site 21
4 Obligations of the Authority
4.1 Obligations of the Authority 22
4.2 Maintenance and operation of the existing facilities 23
4.3 Environmental and Forest Clearances 23
4.4 Machinery and equipment 23
4.5 Electricity transmission lines 24
4.6 Disconnection for modification of existing signaling 24
and telecommunication works
4.7 Provision of Power Blocks and Traffic Blocks 24-25
5 Representations and Warranties
5.1 Representations and warranties of the Contractor 26
5.2 Representations and warranties of the Authority 27
5.3 Disclosure 28
6 Disclaimer
6.1 Disclaimer 29
PART III 30
Construction
7 Performance Security 31
7.1 Performance Security 31
7.2 Extension of Performance Security 31
7.3 Appropriation of Performance Security 32
7.4 Release of Performance Security 32
7.5 Retention Money 32-33
 Page 3 of 214

8 Right of Way 34
8.1 The Site 34
8.2 Handing over of the Project Site 34
8.3 Damages for delay in handing over the Site 35
8.4 Site to be free from Encumbrances 36
8.5 Protection of Site from encroachments 36
8.6 Special/temporary Right of Way 36
8.7 Access to the Authority and the Authority’s Engineer 36
8.8 Geological and archaeological finds 37
9 Utilities and Trees
9.1 Existing utilities and roads 38
9.2 Shifting of obstructing utilities 38
9.3 New utilities 38
9.4 Felling of trees 39
10 Design and Construction of the Railway Project
10.1 Obligations prior to commencement of Works 41
10.2 Design and Drawings 41-44
10.3 Construction of the Railway Project 44
10.4 Extension of time for completion 45
10.5 Incomplete Works 46
10.6 Equipment specific Maintenance Manual 46-47
11 Quality Assurance, Monitoring and Supervision
11.1 Quality of Materials and workmanship 48
11.2 Quality control system 48
11.3 Methodology 49
11.4 Inspection and technical audit by the Authority 49
11.5 External technical audit 49
11.6 Inspection of construction records 49
11.7 Monthly progress reports 49
11.8 Inspection 46-56
11.9 Samples 50
11.10 Tests 50
11.11 Examination of work before covering up 50-51
11.12 Rejection 51
11.13 Remedial work 51
11.14 Delays during construction 52
11.15 Quality control records and Documents 52
11.16 Video recording 52
11.17 Suspension of unsafe Construction Works 52-53
12 Completion Certificate
12.1 Tests on completion 54
12.2 Provisional Certificate 55
12.3 Completion of Punch List items 55
12.4 Completion Certificate 56
12.5 Rescheduling of Tests 56
12.6 Delayed authorization 56
13 Change of Scope
13.1 Change of Scope 57
13.2 Procedure for Change of Scope 58
 Page 4 of 214

13.3 Payment for Change of Scope 58-59

13.4 Restrictions on Change of Scope 59
13.5 Power of the Authority to undertake works 59
14 Traffic Regulation
14.1 Traffic regulation by the Contractor 60
15 Defects Liability
15.1 Defects Liability Period 61
15.2 Remedy and rectification of Defects and deficiencies 61
15.3 Cost of remedying Defects 61
15.4 Contractor’s failure to rectify Defects 62
15.5 Contractor to search cause 62
15.6 Extension of Defects Liability Period 62
16 Authority Engineer
16.1 Appointment of the Authority’s Engineer 63
16.2 Duties and functions of the Authority’s Engineer 63
16.3 Authorized signatories 64
16.4 Instructions of the Authority’s Engineer 64
16.5 Determination by the Authority’s Engineer 64
16.6 Remuneration of the Authority’s Engineer 64
16.7 Replacement of the Authority’s Engineer 65
16.8 Interim arrangement 65
PART IV
Financial Covenants
17 Payments
17.1 Contract Price 66
17.2 Advance Payment 67
17.3 Procedure for estimating the payment for the Works 68
17.4 Stage Payment Statement for Works 69
17.5 Stage Payment for Works 69
17.6 Payment of Damages 70
17.7 Time of payment and interest 70
17.8 Price adjustment for the Works 70-75
17.9 Restrictions on price adjustment 75
17.10 Final Payment Statement 75
17.11 Discharge 76
17.12 Final Payment Certificate 76
17.13 Change in law 76
17.14 Correction of Interim Payment Certificates 77
17.15 Authority’s claims 77
17.16 Bonus for early completion 77
18 Insurance 78
18.1 Insurance for Works 78
18.2 Notice to the Authority 79
18.3 Evidence of Insurance Cover 79
18.4 Remedy for failure to insure 79
18.5 Waiver of subrogation 79
18.6 Contractor’s waiver 80
18.7 Cross liabilities 80
18.8 Accident or injury to workmen 80
 Page 5 of 214

18.9 Insurance against accident to workmen 80

18.10 Application of insurance proceeds 81
18.11 Compliance with policy conditions 81
Part V
Force Majeure and Termination
19 Force Majeure
19.1 Force Majeure 83
19.2 Non-Political Event 83
19.3 Indirect Political Event 83
19.4 Political Event 84
19.5 Duty to report Force Majeure Event 84
19.6 Effect of Force Majeure Event on the Agreement 85
19.7 Termination Notice for Force Majeure Event 86
19.8 Termination Payment for Force Majeure Event 86
19.9 Dispute resolution 86
19.10 Excuse from performance of obligations 86
20 Suspension of Contractor’s Rights
20.1 Suspension upon Contractor Default 88
20.2 Authority to act on behalf of Contractor 88
20.3 Revocation of Suspension 88
20.4 Termination 88-89
21 Termination
21.1 Termination for Contractor Default 90
21.2 Termination for Authority Default 92
21.3 Termination for Authority’s convenience 92
21.4 Requirements after Termination 92
21.5 Valuation of Unpaid Works 93
21.6 Termination Payment 93-94
21.7 Other rights and obligations of the Parties 94
21.8 Survival of rights 94
Part VI
Other Provisions 95
22 Assignment and Charges
22.1 Restrictions on assignment and charges 96
22.2 Hypothecation of Materials or Plant 96
23 Liability and Indemnity
23.1 General indemnity 97
23.2 Indemnity by the Contractor 97
23.3 Notice and contest of claims 98
23.4 Defence of claims 98
23.5 No consequential claims 99
23.6 Survival on Termination 99
24 Dispute Resolution
24.1 Conciliation of Disputes 100
24.2 Dispute adjudication board (DAB) 100
24.3 Standing Arbitral Tribunal 102
25 Miscellaneous
25.1 Governing law and jurisdiction 105
25.2 Waiver of immunity 105
 Page 6 of 214

25.3 Delayed payments 105

25.4 Waiver 106
25.5 Liability for review of Documents and Drawings 106
25.6 Exclusion of implied warranties etc. 106
25.7 Survival 106
25.8 Entire Agreement 107
25.9 Severability 107
25.10 No partnership 107
25.11 Third Parties 107
25.12 Successors and assigns 107
25.13 Notices 107
25.14 Language 108
25.15 Counterparts 108
25.16 Confidentiality 108
25.17 Copyright and Intellectual Property rights 108
25.18 Limitation of Liability 109
Definitions
26.1 Definitions 110-117
Schedules 118
A Site of the Project
1 The Site 119
Annex-I: Site 120-125
Annex-II: Dates for providing Right of Way 126-127
Annex-III: Plan and Profile 128-130
Annex-IV: Environmental Clearances 131
B Development of the Railway Project 132
1 Annex-I: Description of the Railway Project 133-139
C Project Facilities 139-150
1 Project Facilities 143-153
D Specifications and Standards 151
1 Construction 151
2 Design Standards 151
3 Latest Version 151
4 Terms used in Manuals 151
5 Absence of specific provisions 151
6 Alternative Specifications and Standards 151
Annex-IA; Specifications and Standards for Construction 152-172
Annex-II: Time Schedule for review of drawings by the Authority 172
E Applicable Permits 173
1 Applicable Permits 173
F Form of Bank Guarantee 174
Annex-I: Form of Guarantee for Performance Security 174-176
Annex-II: Form of Guarantee for Withdrawal of Retention Money 177-179
Annex-III: Form of Guarantee for Advance payment 180-182
G Contract Price Weightages 183-187
H Drawings
1 Drawings 189
2 Additional drawings 189
Annex-I: List of Drawings 190
 Page 7 of 214

I Project Completion Schedule 191

1 Project Completion Schedule 191
2,3,4&5 Mile stones and Scheduled Completion Date 191
6 Extension of time 191
J Tests on Completion
1 Schedule for Tests 193
2 Tests 193
3 Agency for conducting Tests 194
4. Completion Certificate 194
K Provisional Certificate/ Completion Certificate 195-196
L Selection of Authority’s Engineer 197
1 Selection of Authority’s Engineer 197
2 Terms of Reference 197
Annex-I: Terms of Reference for Authority’s Engineer 198-202
M Forms of Payment Statements 203
1 Stage Payment Statement for Works 203
2 Contractor’s Claim for Damages 203
N Insurance 204
1 Insurance during Construction Period 204
2 Insurance for Contractor’s Defects Liability 204
3 Insurance against injury to persons and damage to 204
property
4 Insurance to be in joint names 204

O Provision of Traffic Blocks and Power Blocks 205

P Machinery and equipment 206
Q Bill of quantities (BOQ) 207
Appendices 209
I List of bid specific clauses(Appendix-I) 210
A. Clauses with non-numerical footnotes 210
B. Clauses with curly { } brackets 210
C. Clauses with blank spaces 210-211
List of project specific clauses20(Appendix-II) 212-214
 Page 8 of 214

Part I

Preliminary
 Page 9 of 214

ENGINEERING, PROCUREMENT AND CONSTRUCTION AGREEMENT

THIS AGREEMENT is entered into on this the ……….. day of ………, 20…..

BETWEEN

1 The President of India represented by the Ministry of Railways, acting through Chief
Engineer/Construction-VI, Secunderabad, South Central Railway (the “Authority”),
having its principal office at Secunderabad-500025 (hereinafter referred to as the
“Authority” which expression shall, unless repugnant to the context or meaning thereof,
include its administrators, successors and assigns) of One Part;

AND

2 { ............................... }, means the selected bidder having its registered office at .................... ,
(hereinafter referred to as the “Contractor” which expression shall, unless repugnant to the
context or meaning thereof, include its successors and permitted assigns) of the Other Part.

WHEREAS:

(A) The Authority has the responsibility to develop, operate and maintain the Indian
Railways in the territorial jurisdiction of the South Central Railway zone.
(B) The Authority has resolved to execute “Engineering, Procurement & Construction
(EPC) Contract in connection with Proposed Doubling of MBNR-DHNE section -
Proposed Construction of Important Bridges (i) Bridge No.353 over
Mareddypallivagu at Ch.165379.00m with 15x12.20mClear span PSC Slab,
(ii)Bridge No.375 over Okachettyvagu at Ch.173523.00m with 21x12.20m Clear span
PSC Slab (iii) Bridge No.398 over Krishna river at Ch.182034.0m with 34x24.40m
Clear span PSC Box Girder (iv) Bridge No. 442 over Tungabhadra river at Ch.
241415.0mwith 45x18.30 mtrs clear span with PSC U girder and (v) Bridge No. 450
over Handrineeva river at Ch. 244347.30m with 14x12.20 mtrs clear span with PSC
slab including earth work on approaches of the bridges, bridge protective works and
other miscellaneous works in Hyderabad Division of SCR in the state of Telangana”
in accordance with the terms and conditions to be set forth in an agreement to be
entered into.

(C) The Authority has prescribed the Technical and Financial terms and conditions, and
invited Request for Participation (RFP) No.
…………………………………………………………. Dated ……………

from the Bidders for undertaking the Project.

(D) After evaluation of the bids received, the Authority has accepted the bid of the selected
bidder and issued its Letter of Acceptance No. *** dated *** (hereinafter called the
“LOA”) to the selected bidder for construction of the above railway line at the
Contract Price specified hereinafter, requiring the selected bidder to inter alia:
(i) deliver to the Authority a legal opinion from the legal counsel of the selected
bidder with respect to the authority of the selected bidder to enter into this
Agreement and the enforceability of the provisions thereof, within 10 (ten) days
of the date of issue of LOA; and
 Page 10 of 214

(ii) execute this Agreement within 60 (Sixty) days of the date of issue of LOA.

(E) The Contractor has fulfilled the requirements specified in Recital (D) above;

Now, therefore, in consideration of the foregoing and the respective covenants and
agreements set forth in this Agreement, the sufficiency and adequacy of which is hereby
acknowledged, the Authority hereby covenants to pay the Contractor, in consideration
of the obligations specified herein, the Contract Price or such other sum as may become
payable under the provisions of the Agreement at the times and in the manner specified
by the Agreement and intending to be legally bound hereby, the Parties agree as follows:
 Page 11 of 214

ARTICLE 1

DEFINITIONS AND INTERPRETATION

1.1 Definitions

The words and expressions beginning with capital letters and defined in this Agreement
(including those in Article 26) shall, unless the context otherwise requires, have the meaning
ascribed thereto herein, and the words and expressions defined in the Schedules and used
therein shall have the meaning ascribed thereto in the Schedules.

1.2 Interpretation

1.2.1 In this Agreement, unless the context otherwise requires,

(a) References to any legislation or any provision thereof shall include amendment or re-
enactment or consolidation of such legislation or any provision thereof so far as such
amendment or re-enactment or consolidation applies or is capable of applying to any
transaction entered into hereunder;

(b) References to laws of India or Indian law or regulation having the force of law shall
include the laws, acts, ordinances, rules, regulations, bye laws or notifications which
have the force of law in the territory of India and as from time to time may be amended,
modified, supplemented, extended or re-enacted;

(c) References to a “person” and words denoting a natural person shall be construed as a
reference to any individual, firm, company, corporation, society, trust, government,
state or agency of a state or any association or partnership (whether or not having
separate legal personality) of two or more of the above and shall include successors
and assigns;

(d) The table of contents, headings or sub-headings in this Agreement are for convenience
of reference only and shall not be used in, and shall not affect, the construction or
interpretation of this Agreement;

(e) The words “include” and “including” are to be construed without limitation and shall
be deemed to be followed by “without limitation” or “but not limited to” whether or not
they are followed by such phrases.

(f) References to “construction” or “building” include, unless the context otherwise

requires, survey and investigation, design, developing, engineering, procurement,
supply of plant, materials, equipment, labour, delivery, transportation, installation,
processing, fabrication, testing, and commissioning of the Railway Project, including
maintenance during the Construction Period, removing of defects, if any, and other
activities incidental to the construction and “construct” or “build” shall be construed
accordingly;

(g) References to “development” include, unless the context otherwise requires,

construction, renovation, refurbishing, augmentation, up-gradation and other activities
incidental thereto during the Construction Period, and “develop” shall be construed
accordingly;
 Page 12 of 214

(h) Any reference to any period of time shall mean a reference to that according to Indian
standard time;

(i) Any reference to day shall mean a reference to a calendar day;

(j) Reference to a “business day” shall be construed as reference to a day

(other than a Sunday) on which banks in the State are generally open for business;

(k) Any reference to month shall mean a reference to a calendar month as per the Gregorian
calendar;

(l) References to any date, period or Project Milestone shall mean and include such date,
period or Project Milestone as may be extended pursuant to this Agreement;

(m) Any reference to any period commencing “from” a specified day or date and “till” or
“until” a specified day or date shall include both such days or dates; provided that if
the last day of any period computed under this Agreement is not a business day, then
the period shall run until the end of the next business day;

(n) The words importing singular shall include plural and vice versa;

(o) References to any gender shall include the other and the neutral gender;

(p) “Lakh” means a hundred thousand (100,000) and “crore” means ten million
(10,000,000);

(q) “Indebtedness” shall be construed so as to include any obligation (whether incurred as

principal or surety) for the payment or repayment of money, whether present or future,
actual or contingent;

(r) References to the “winding-up”, “dissolution”, “insolvency”, or

“reorganization” of a company or corporation shall be construed so as to include any
equivalent or analogous proceedings under the law of the jurisdiction in which such
company or corporation is incorporated or any jurisdiction in which such company or
corporation carries on business including the seeking of liquidation, winding-up,
reorganization, dissolution, arrangement, protection or relief of debtors;

(s) Save and except as otherwise provided in this Agreement, any reference, at any time,
to any agreement, deed, instrument, license or document of any description shall be
construed as reference to that agreement, deed, instrument, license or other document
as amended, varied, supplemented, modified or suspended at the time of such reference;
provided that this Sub-clause(s) shall not operate so as to increase liabilities or
obligations of the Authority hereunder or pursuant hereto in any manner whatsoever;

(t) Any agreement, consent, approval, authorization, notice, communication, information

or report required under or pursuant to this Agreement from or by any Party or the
Authority Engineer shall be valid and effective only if it is in writing under the hand of
a duly authorized representative of such Party or the Authority Engineer, as the case
may be, in this behalf and not otherwise;
(u) The Schedules and Recitals to this Agreement form an integral part of this Agreement
and will be in full force and effect as though they were expressly set out in the body of
this Agreement;
 Page 13 of 214

(v) References to Recitals, Articles, Clauses, Sub-clauses, Provisos or Schedules in this

Agreement shall, except where the context otherwise requires, mean references to
Recitals, Articles, Clauses, Sub-clauses, Provisos and Schedules of or to this
Agreement; reference to an Annex shall, subject to anything to the contrary specified
therein, be construed as a reference to an Annex to the Schedule in which such reference
occurs; and reference to a Paragraph shall, subject to anything to the contrary specified
therein, be construed as a reference to a Paragraph of the Schedule or Annex, as the
case may be, in which such reference appears;

(w) The damages payable by either Party to the other of them, as set forth in this Agreement,
whether on per diem basis or otherwise, are mutually agreed genuine pre-estimated loss
and damage likely to be suffered and incurred by the Party entitled to receive the same
and are not by way of penalty (the “Damages”); and

(x) Time shall be of the essence in the performance of the Parties’ respective obligations.
If any time period specified herein is extended for the reasons specified in the
Agreement, such extended time shall also be of the essence.
1.2.2 Unless expressly provided otherwise in this Agreement, any Documentation required to
be provided or furnished by the Contractor to the Authority shall be provided free of cost
and in three copies, and if the Authority is required to return any such Documentation
with its comments and/or approval, it shall be entitled to retain two copies thereof.

1.2.3 The rule of construction, if any, that a contract should be interpreted against the parties
responsible for the drafting and preparation thereof, shall not apply.

1.2.4 Any word or expression used in this Agreement shall, unless otherwise defined or
construed in this Agreement, bear its ordinary English meaning and, for these purposes,
the General Clauses Act, 1897 shall not apply.

1.3 Measurements and arithmetic conventions

All measurements and calculations shall be in the metric system and calculations done
to 2 (two) decimal places, with the third digit of 5 (five) or above being rounded up
and below 5 (five) being rounded down.

1.4 Priority of agreements and errors/discrepancies

1.4.1 This Agreement, and all other agreements and documents forming part of or referred to
in this Agreement are to be taken as mutually explanatory and, unless otherwise
expressly provided elsewhere in this Agreement, the priority of this Agreement and
other documents and agreements forming part hereof or referred to herein shall, in the
event of any conflict between them, be in the following order:

(a) This EPC Agreement; and

(b) All other agreements and documents forming part hereof or referred to herein,

i.e. This Agreement at (a) above shall prevail over the agreements and documents at (b).

1.4.2 Subject to the provisions of Clause 1.4.1, in case of ambiguities or discrepancies within
 Page 14 of 214

this Agreement, the following shall apply:

(a) Between two or more Clauses of this Agreement, the provisions of a specific Clause
relevant to the issue under consideration shall prevail over those in other Clauses;
(b) Between the Clauses of this Agreement and the Schedules, the Clauses shall prevail and
between Schedules and Annexes, the Schedules shall prevail;

(c) Between any two Schedules, the Schedule relevant to the issue shall prevail;

(d) Between the written description on the Drawings and the Specifications and Standards,
the latter shall prevail;
(e) Between the dimension scaled from the Drawing and its specific written dimension, the
latter shall prevail; and

(f) Between any value written in numerals and that in words, the latter shall prevail.

1.5 Joint and several liability

1.5.1 If the Contractor has formed a Consortium/Joint Venture of two or more persons for
implementing the Project:

(a) These persons shall, without prejudice to the provisions of this Agreement, be deemed
to be jointly and severally liable to the Authority for the performance of the Agreement;
and

(b) The Contractor shall ensure that no change in the composition of the Consortium/Joint
Venture is effected without the prior consent of the Authority.

1.5.2 Without prejudice to the joint and several liability of all the members of the
Consortium/Joint Venture, the Lead Member shall represent all the members of the
Consortium/Joint Venture and shall at all times be liable and responsible for discharging
the functions and obligations of the Contractor.

The Contractor shall ensure that each member of the Consortium/Joint Venture shall be
bound by any decision, communication, notice, action or inaction of the Lead Member
on any matter related to this Agreement and the Authority shall be entitled to rely upon
any such action, decision or communication of the Lead Member. The Authority shall
have the right to release payments solely to the Lead Member and shall not in any
manner be responsible or liable for the inter se allocation of payments among members
of the Consortium/Joint Venture.
 Page 15 of 214

Part II

Scope of the Project

 Page 16 of 214

ARTICLE 2
SCOPE OF THE PROJECT

2.1 Scope of the Project

Under this Agreement, the scope of the Project (the “Scope of the Project”) shall mean and
include:

(a) Construction of the Railway Project on the Site set forth in Schedule-A and as specified in
Schedule-B together with provision of Project Facilities as specified in Schedule-C, and in
conformity with the Specifications and Standards set forth in Schedule-D, with Contractor’s
own Material Supplies, all materials etc., as per laid down specifications. “Engineering,
Procurement & Construction (EPC) Contract in connection with Proposed Doubling of
MBNR-DHNE section - Proposed Construction of Important Bridges (i) Bridge No.353 over
Mareddypalli vagu at Ch.165379.00m with 15x12.20mClear span PSC Slab, (ii)Bridge
No.375 over Okachettyvagu at Ch.173523.00m with 21x12.20m Clear span PSC Slab (iii)
Bridge No.398 over Krishna river at Ch.182034.0m with 34x24.40m Clear span PSC Box
Girder (iv) Bridge No. 442 over Tungabhadra river at Ch. 241415.0mwith 45x18.30 mtrs
clear span with PSC U girder and (v) Bridge No. 450 over Handrineeva river at Ch.
244347.30m with 14x12.20 mtrs clear span with PSC slab including earth work on
approaches of the bridges, bridge protective works and other miscellaneous works in
Hyderabad Division of SCR in the state of Telangana”.

(b) Performance and fulfillment of all other obligations of the Contractor in accordance with the
provisions of this Agreement and matters incidental thereto or necessary for the performance of
any or all of the obligations of the Contractor under this Agreement.
 Page 17 of 214

ARTICLE 3

OBLIGATIONS OF THE CONTRACTOR

3.1 Obligations of the Contractor

3.1.1 Subject to and on the terms and conditions of this Agreement, the Contractor shall undertake
the survey, investigation, design, engineering, procurement, and construction of the Railway
Project and observe, fulfil, comply with and perform all its obligations set out in this
Agreement or arising hereunder.

3.1.2 The Contractor shall comply with all Applicable Laws and Applicable Permits (including
renewals as required) in the performance of its obligations under this Agreement.

3.1.3 Save and except as otherwise provided in this Agreement or Applicable Laws, as the case may
be, the Contractor shall, in discharge of all its obligations under this Agreement, conform with
and adhere to Good Industry Practice at all times.

3.1.4 The Contractor shall remedy any and all loss or damage to the Railway Project, occurring on
or after the Appointed Date and until the date of Provisional Certificate, with respect to the
Works completed prior to the issuance of the Provisional Certificate and/or Completion
Certificate, with respect to the Works referred to in the Punch List, at its own cost, save and
except to the extent that any such loss or damage shall have arisen from any default of the
Authority or on account of a Force Majeure Event in which case the provisions of Article 19
shall apply.

3.1.5 The Contractor shall remedy any and all loss or damage to the Railway Project during the
Defects Liability Period at its own cost, to the extent that such loss or damage shall have arisen
out of the reasons specified in Clause 15.3.

3.1.6 The Contractor shall, at its own cost and expense, in addition to and not in derogation of its
obligations elsewhere set out in this Agreement:

(a) Make, or cause to be made, necessary applications to the relevant Government

Instrumentalities with such particulars and details as may be required for obtaining Applicable
Permits set forth in Schedule-E and obtain and keep in force and effect suchApplicable Permits
in conformity with Applicable Laws;

(b) Procure, as required, the appropriate proprietary rights, licenses, agreements and permissions
for Materials, methods, processes, know-how and systems used or incorporated into the
Railway Project;

(c) Make reasonable efforts to maintain harmony and good industrial relations among the
personnel employed by it or its Sub-contractors in connection with the performance of its
obligations under this Agreement;
 Page 18 of 214

(d) Ensure that its Sub-contractors comply with all Applicable Permits and Applicable Laws in the
performance by them of any of the Contractor’s obligations under this Agreement;

(e) Always act in a manner consistent with the provisions of this Agreement and not causeor fail to
do any act, deed or thing, whether intentionally or otherwise, which may in any manner be in
violation of any of the provisions of this Agreement;

(f) Support, cooperate with and facilitate the Authority in the implementation and operation of the
Project in accordance with the provisions of this Agreement;

(g) Ensure that the Contractor and its Sub-contractors comply with the safety and welfare
measures for labour in accordance with Applicable Laws and Good Industry Practice;

(h) Keep, on the Site, a copy of this Agreement, publications named in this Agreement, the
Drawings, Documents relating to the Project, Change of Scope Orders and other
communications sent under this Agreement, and provide access to all these documents at all
reasonable times to the Authority Engineer and its authorized personnel;

(i) Cooperate with other contractors employed by the Authority and with personnel of any other
public authority; and

(j) Not interfere unnecessarily or improperly with the convenience of the public, or the access to
and use and occupation of all the existing facilities within the Right of Way, irrespective of
whether they are public or in the possession of the Authority or of others.

(k) To provide reasoned comments on any information relating to the contractor’s activitiesunder or
pursuant to the agreement, which the Authority may publish.

3.1.7 The Contractor shall undertake all necessary superintendence to plan, arrange, direct, manage,
inspect and test the Works.

3.1.8 As the EPC work involves integrated planning & execution of various Civil works and
Electrical General services works the Contractor is expected to understand the sequencing of
various activities for all these works so that a proper interface planning is done so as to
meticulously/ smoothly execute various independent activities/ inter-linked activities to
maintain coordinated efforts in yielding desired progress.

The Contractor shall also liason with the Authority Engineer with regard to discussing of such
planning and execution of various issues involved.

The Contractor and his engineers/ staff responsible shall also ensure proper liaising efforts
with various agencies/ departments involved in the process of resolving various issues during
the course of execution of works.

For instance, the S&T cables, S&T structures like location boxes, etc. and OHE structures like
masts, portals, anchors, etc. including the hidden ones in and around the site of work shall be
surveyed using cable route plans, layout plans, etc., appropriately marked and properly
relocated before commencement of any work. It is the responsibility of Contractor to plan for
relocation of such cables and structures such that progress of work is not affected. Adequate
technical manpower and equipment may be deployed for co-ordinating approvals, surveying
and supervising such works for safety and smooth running of trains.
 Page 19 of 214

3.2 Obligations relating to sub-contracts and any other agreements

3.2.1 The Contractor shall not sub-contract the Works comprising more than 70% (seventy per cent)
of the Contract Price and shall carry out Works for at least 30% (thirty per cent) of the total
Contract Price directly under its own supervision and through its own personnel. The Parties
expressly agree that for the purposes of computing the value of sub-contracts under this Clause
3.2.1, the Contract Price shall exclude any sub-contract for the procurement of goods and
equipment like rails, sleepers and track fittings. The Parties agree that all obligations and
liabilities under this Agreement for the entire Railway Project shall at all time remain with the
Contractor.
{The Parties agree that the obligations of the Contractor to carry out Works equal to at least
30% (thirty per cent) of the Contract Price shall be discharged solely by the LeadMember.}

3.2.2 In the event any sub-contract for Works, or the aggregate of such sub-contracts with any Sub-
contractor, exceeds 5% (five percent) of the Contract Price, the Contractor shall communicate
the name and particulars, including the relevant experience of the sub-contractor, to the
Authority prior to entering into any such sub-contract. Provided, however, that in any event the
Contractor shall communicate the name and particulars to the Authority for any sub-contract
including the relevant experience prior to entering into any such sub-contract. The Authority
shall examine the particulars of the sub- contractor from the national security and public
interest perspective and may require the Contractor, no later than 15 (fifteen) business days
from the date of receiving the communication from the Contractor, not to proceed with the
sub-contract, and the Contractor shall comply therewith and shall have no claim whatsoever on
this account.

3.2.3 Without prejudice to the provisions of Clause 3.2.2, in the event any sub-contract referred to in
Clause 3.2.2 relates to a sub-contractor who has, over the preceding 3 (three) financial years
and the current financial year , not undertaken at least one work of a similar nature with a
contract value exceeding 40% (forty per cent) of the value of the sub-contract to be awarded
hereunder and received payments in respect thereof foran amount equal to at least 80% (eighty
per cent) of such contract, the Authority may, no later than 15 (fifteen) business days from the
date of receiving the communication from the Contractor, require the Contractor not to
proceed with such sub-contract, andthe Contractor shall comply therewith.

3.2.4 It is expressly agreed that the Contractor shall, at all times, be responsible and liable for all its
obligations under this Agreement notwithstanding anything contained in the agreements with
its Sub-contractors or any other agreement that may be entered into by the Contractor, and no
default under any such agreement shall excuse the Contractor from its obligations or liability
hereunder.

3.2.5 Notwithstanding anything to the contrary contained in this Agreement, the Contractor agrees
and acknowledges that it will not assign any work to any contractor/sub-contractor from a
country which shares a land border with India unless such contractor/sub-contractor is
registered with the competent Authority. Contractor will ensure that such Contractor/sub-
contractor fulfils all requirements in this regard and is eligible to be considered (evidence of
valid registration by the competent authority is enclosed). The Competent Authority for
registration will be the Registration Committee constituted by the Department for Promotion of
Industry and Internal Trade (DPIIT), India.
 Page 20 of 214

3.3 Employment of foreign nationals

The Contractor acknowledges, agrees and undertakes that employment of foreign 1 by the
Contractor and/or its Sub-contractors and their sub-contractors shall be subject to grant of
requisite regulatory permits and approvals including employment/residential visas and work
permits, if any required, and the obligation to apply for and obtain the same shall and will
always be of the Contractor. Notwithstanding anything to the contrary contained in this
Agreement, refusal of or inability to obtain any such permits and approvals by the Contractor
or any of its Sub-contractors or their sub-contractors shall not constitute Force Majeure Event,
and shall not in any manner excuse the Contractor from the performance and discharge of its
obligations and liabilities under this Agreement.

3.4 Contractor’s personnel

3.4.1 The Contractor shall ensure and procure that the personnel engaged by it or by its Sub-
contractors for performance of its obligations under this Agreement are at all times
appropriately qualified, skilled and experienced in their respective functions including in
conformity with Applicable Laws including the Indian Railway General and Subsidiary Rules,
and Good Industry Practice.

3.4.2 The Authority Engineer may, for reasons to be specified in writing, direct the Contractor to
remove any member of the Contractor’s or Sub-contractor’s personnel from the Railway
Project. Provided, any such direction issued by the Authority Engineer shall specify the
reasons for the removal of such person.

3.4.3 The Contractor shall, on receiving a direction from the Authority Engineer under the
provisions of Clause 3.4.2, ensure and procure the removal of such person or persons from the
Railway Project with immediate effect. The Contractor shall further ensure that such persons
have no further connection with the Railway Project.
3.4.4 The Contractor shall be responsible for the Security of the Work Site and for keeping the
unauthorized persons off the Site.

3.5 Advertisement on Railway Project

The Contractor shall not use the Railway Project or any part thereof in any manner for
branding or advertising purposes including for advertising any commercial product or services
or companies.
3.6 Contractor's care of the Works

The Contractor shall bear full risk in and take full responsibility for the care of Works, and of
Materials, goods and equipment for incorporation therein, on and from the Appointed Date and
until the date of Provisional Certificate, with respect to the Works completed prior to the
issuance of the Provisional Certificate and/or Completion Certificate, with respect to the Works
referred to in the Punch List, save and except to the extent that any such loss or damage shall
have arisen from any default or neglect of the Authority.
3.7 Electricity, water and other services

The Contractor shall be responsible for procuring of all power, water and other services that it
may require for the Railway Project. River water/Stream water can be used in the
construction, provided it satisfies the requirements of concreating in terms of Indian Railway
Concrete Bridge Code. If required, the Agency has to make his own arrangements for water,
electricity and other services.
 Page 21 of 214

3.8 Unforeseeable difficulties

Except as otherwise specified in the Agreement:

(a) the Contractor accepts complete responsibility for having foreseen all difficulties and costs of
successfully completing the Works;

(b) the Contract Price shall not be adjusted to take account of any unforeseen difficulties or costs;
and

(c) the Scheduled Completion Date shall not be adjusted to take account of any unforeseen
difficulties or costs.

For the purposes of this Clause, unforeseeable difficulties include physical conditions like
man-made or natural physical conditions including sub-surface and hydrological conditions
which the Contractor encounters at the Site during execution of the Works.

3.9 Training of Authority’s personnel: Nil

3.10 Safety at work site

The Contractor and its sub-contractors shall follow the safety instructions and take all safety
measures for workmen and vehicles plying in the work area in accordance with Applicable
Laws, Good Industry Practice and the provisions of this Agreement.
 Page 22 of 214

ARTICLE 4

OBLIGATIONS OF THE AUTHORITY

4.1 Obligations of the Authority

4.1.1 The Authority shall, at its own cost and expense, undertake, comply with and perform
all its obligations set out in this Agreement or arising hereunder.

4.1.2 The Authority shall be responsible for the correctness of the Scope of the Project,
Project Facilities, Specifications and Standards and the criteria for Testing of the
completed Works.

4.1.3 The Authority shall, upon receiving the Performance Security under Clause
7.1.1, provide to the Contractor:

(a) The Right of Way in accordance with the provisions of Clauses 8.2 and 8.3 on no less
than 95% (ninety five per cent) of core land length and 90% (ninety percent) of non-
core land length of the total length of the Railway Project before appointed date;

(b) All environmental and forest clearances as required under Clause 4.3 before appointed
date; and

4.1.4 In the event that (i) the Authority does not procure fulfilment of any or all of the
obligations set forth in Clause 4.1.3 within the period specified in respect thereof, and
(ii) the delay has not occurred as a result of breach of this Agreement by the Contractor
or due to Force Majeure, the Authority shall pay to the Contractor Damages in a sum
calculated in accordance with the provisions of Clause 8.3 of this Agreement and grant
Time Extension in accordance with the provisions of Clause 10.4.

4.1.5 Notwithstanding anything to the contrary contained in this Agreement, the Parties
expressly agree that the aggregate Damages payable by the Authority under Clauses
4.1.4, 4.4.3, 8.3 and 9.2 shall not exceed 5% (five per cent) of the Contract Price. For
the avoidance of doubt, the Damages payable by the Authority under the aforesaid
Clauses shall not be additive if they arise concurrently from more than one cause but
relate to the same part of the Railway Project.

4.1.6 The Authority agrees to provide support to the Contractor and undertakes to observe,
comply with and perform, subject to and in accordance with the provisions of this
Agreement and Applicable Laws, the following:
(a) Upon written request from the Contractor, and subject to the Contractor complying
with Applicable Laws, provide reasonable support to the Contractor in procuring
Applicable Permits required from any Government Instrumentality for implementation
of the Project;

(b) Upon written request from the Contractor, provide reasonable assistance to the
Contractor in obtaining access to all necessary infrastructure facilities and utilities,
including water and electricity at rates and on terms no less favorable than those
generally available to commercial customers receiving substantially equivalent
services;

(c) Procure that no barriers that would have a material adverse effect on Works are erected
or placed on or about the Railway Project by any Government Instrumentality or
persons claiming through or under it, except for reasons of Emergency, national security
 Page 23 of 214

or law and order;

(d) Not do or omit to do any act, deed or thing which may in any manner is in violation of
any of the provisions of this Agreement;

(e) Support, cooperate with and facilitate the Contractor in the implementation of the
Project in accordance with the provisions of this Agreement; and

(f) Upon written request from the Contractor and subject to the provisions of Clause 3.3,
provide reasonable assistance to the Contractor and any expatriate personnel of the
Contractor or its Sub-contractors to obtain applicable visas and work permits for the
purposes of discharge by the Contractor or its Sub-contractors of their obligations
under this Agreement and the agreements with the Sub-contractors.

4.2 Maintenance and operation of the existing facilities

The Authority shall undertake the maintenance of the facilities existing prior to the
Appointed Date including railway lines, bridges, structures, electrical, signaling and
communications works within the Right of Way.

4.3 Environmental and Forest Clearances

The Authority represents and warrants that the environmental and forest clearances of
Land mentioned in clause 4.1.3 (a) will be obtained before Appointed Date. In the event
of any delay, the Contractor shall be entitled to Time Extension for the period of such
delay in accordance with the provisions of Clause 10.4 of this Agreement and shall
also be entitled to Damages calculated as if the Right of Way for and in respect of such
sections of the Railway Project has not been provided in accordance with the
provisions of Clause 8.2 and as a consequence thereof, the Contractor shall be entitled
to Damages under and in accordance with the provisions of Clause 8.3. For the
avoidance of doubt, the present status of environmental and forest clearances is
specified in Schedule-A.
4.4 Machinery and equipment

4.4.1 The Authority shall upon receiving a request from the Contractor, provide the
machinery and equipment specified in Schedule-P on payment of hire charges at the
monthly rates specified therein. The Parties agree that the monthly rate for each
machine or equipment shall be inclusive of fuel and all other operating charges, which
shall be converted into daily rates taking a month comprising 25 (twenty five) working
days. The Parties furtheragree that for each machinery or equipment:

(a) The charges shall be payable for a day even if a machine or equipment is used for less
than 8 (eight) hours, so long as it has been placed at the disposal of the Contractor and
has not been withdrawn;

(b) The daily rates shall be computed for a shift of 8 (eight) hours taken as one day. By
wayof illustration, if the machinery or equipment is used for 16 (sixteen) hours on any
day, the charges payable shall be equal to twice the daily rate; and

(c) For any machinery or equipment which can be used only during the period of a Power
Block or Traffic Block, no payment shall be due or payable for the day on which such
block is notprovided to the Contractor.
 Page 24 of 214

4.4.2 The Contractor shall by notice of at least three weeks convey to the Authority the
particulars of the machinery and equipment required for each day of the following one
month.
4.4.3 In the event that the Authority does not provide any machinery and equipment at the
designated time in pursuance of the provisions of Clause 4.4.1, the Contractor shall be
entitled to Damages in an amount equal twice the rates specified in Schedule-P.
Provided further that the Contractor shall be entitled to Time Extension in accordance
with the provisions of Clause 10.4 if the number of days for which the machinery has
not been provided continuously exceeds 7 (seven) and / or the total number of days of
not providing the machinery exceed 15 (fifteen) days in a period of 03 months.
4.5 Procurement of Electricity Transmission Lines: not applicable
4.6 Disconnection for modification of existing signaling and telecommunication Works
The Contractor shall on requirement of disconnection of a particular subsystem for
modification in the existing signaling and telecommunication system at Railway stations,
level crossing gates and interlocked sections, inform the Authority Engineer by notice of
at least one week of its readiness for commissioning and the Authority Engineer shall
obtain the requisite approvals from the Authority for the required disconnections. All
such work requiring disconnection of existing signalling systems shall be executed under
supervision of Authority Engineer or his representative. The Parties expressly agree that
in the event of any default in providing such disconnection, the Authority shall pay to the
Contractor Damages at the rate of Rs.1,000 (Rupees one thousand) per day. The
Contractor shall ensure that there is no interruption/ disturbance to operational circuits in
such cases of modification of signalling and telecom systems.
4.7 Provision of Power Blocks and Traffic Blocks
4.7.1 The Authority shall provide Power Block or Traffic Block or both to enable the
Contractor to undertake the construction of overhead equipment, or such other work as
may be determined by the Authority Engineer.
4.7.2 The Contractor shall, in consultation with the Authority Engineer, submit a weekly
programme of Blocks, commencing from Monday, with a notice of at least 1 (one)
week and the Authority Engineer shall convey the approved weekly programme to the
Contractor no less than 3 (three) days prior to the start of such week.
4.7.3 The minimum period for which a Power Block or Traffic Block shall be provided to
the Contractor shall not be less than two hours, period being counted from the time the
trackis placed at the disposal of the Contractor and until it is cleared by the Contractor.
Provided, however, that a Power Block or Traffic Block, as the case may be, of shorter
duration may be provided with mutual consent of the Parties.
4.7.4 The aggregate period of Power Block and Traffic Block to be provided to the
Contractor during the Construction Period is specified in Schedule-O. The Contractor
shall organize its work so as to complete all Construction Works within such aggregate
period. However, this aggregate period may be increased by the Authority Engineer on
Contractor’s request, if the same is considered justified and reasonable under the
prevailing circumstances.
4.7.5 In the event of any change in the schedule of Power Block or Traffic Block or
both, as the case may be, the Authority shall inform the Contractor by a notice of not
 Page 25 of 214

less than 24 (twenty four) hours. Provided, however, that no such notice shall be
required in case of a breakdown, accident, law and order disturbance, natural calamity
or any other unusualoccurrence or Emergency.

4.7.6 In the event a Power Block or Traffic Block, as the case may be, is not provided for
any day in accordance with the confirmed programme, the Contractor shall be
compensated by providing an additional Power Block or Traffic Block of equal time
during the same week or the following week. The Parties expressly agree that in the
event of any default in providing such additional blocks for compensating the
Contractor, the Authority shall pay to the Contractor Damages at the rate of Rs.1,000
(Rupees one thousand) per day for each hour which has not been provided as required
hereunder and until such hour is provided during any of the 6 (six) following weeks.

4.7.7 The Contractor shall be entitled to undertake the Construction Works within the
aggregate period specified in Schedule-O. Provided, however, that in the event the
aggregate period utilized by the Contractor exceeds the period specified in Schedule-O
and the extra time granted thereto under clause 4.7.4 if any, the Contractor shall pay to
the Authority hourly charges at the rate specified therein.
 Page 26 of 214

ARTICLE 5
REPRESENTATIONS AND WARRANTIES

5.1 Representations and warranties of the Contractor

The Contractor represents and warrants to the Authority that:

(a) It is duly organized and validly existing under the laws of India, and has full power and
authority to execute and perform its obligations under this Agreement and to carry out
the transactions contemplated hereby;

(b) It has taken all necessary corporate and other actions under Applicable Laws to
authorize the execution and delivery of this Agreement and to validly exercise its rights
and perform its obligations under this Agreement;

(c) This Agreement constitutes its legal, valid and binding obligation, enforceable against
it in accordance with the terms hereof, and its obligations under this Agreement will be
legally valid, binding and enforceable obligations against it in accordance with the
terms hereof;

(d) It is subject to the laws of India, and hereby expressly and irrevocably waives any
immunity in any jurisdiction in respect of this Agreement or matters arising there under
including any obligation, liability or responsibility hereunder;

(e) The information furnished in the Bid and as updated on or before the date of this
Agreement is true and accurate in all respects as on the date of this Agreement;

(f) The execution, delivery and performance of this Agreement will not conflict with, result
in the breach of, constitute a default under, or accelerate performance required by any
of the terms of its memorandum and articles of association or any Applicable Laws or
any covenant, contract, agreement, arrangement, understanding, decree or order to
which it is a party or by which it or any of its properties or assets is bound or affected;

(g) There are no actions, suits, proceedings, or investigations pending or, to its
knowledge, threatened against it at law or in equity before any court or before any
other judicial, quasi- judicial or other authority, the outcome of which may result in the
breach of this Agreement or which individually or in the aggregate may result in any
material impairment of its ability to perform any of its obligations under this
Agreement;
(h) It has no knowledge of any violation or default with respect to any order, writ,
injunction or decree of any court or any legally binding order of any Government
Instrumentality which may result in any material adverse effect on its ability to perform
its obligations under this Agreement and no fact or circumstance exists which may give
rise to such proceedings that would adversely affect the performance of its obligations
under this Agreement;

(i) It has complied with Applicable Laws in all material respects and has not been subject
to any fines, penalties, injunctive relief or any other civil or criminal liabilities which
in the aggregate have or may have a material adverse effect on its ability to perform its
obligations under this Agreement;
 Page 27 of 214

(j) No representation or warranty by it contained herein or in any other document furnished

by it to the Authority or to any Government Instrumentality in relation to Applicable
Permits contains or will contain any untrue or misleading statement of material fact or
omits or will omit to state a material fact necessary to make such representation or
warranty not misleading;

(k) No sums, in cash or kind, have been paid or will be paid, by it or on its behalf, to any
person by way of fees, commission or otherwise for securing the contract or entering
into this Agreement or for influencing or attempting to influence any officer or
employee of the Authority in connection therewith;

(l) All information provided by the {selected bidder/ members of the Consortium/Joint
Venture} in response to the RFP or otherwise, is to the best of its knowledge and belief,
true and accurate in all material respects; and

(m) Nothing contained in this Agreement shall create any contractual relationship or
obligation between the Authority and any Sub-contractors, designers, consultants or
agents of the Contractor.

5.2 Representations and warranties of the Authority

The Authority represents and warrants to the Contractor that:

(a) It has full power and authority to execute, deliver and perform its obligations under
this Agreement and to carry out the transactions contemplated herein and that it has
taken all actions necessary to execute this Agreement, exercise its rights and perform
its obligations, under this Agreement;

(b) It has taken all necessary actions under Applicable Laws to authorize the execution,
delivery and performance of this Agreement;

(c) It has the financial standing and capacity to perform its obligations under this
Agreement;
(d) This Agreement constitutes a legal, valid and binding obligation enforceable against it
in accordance with the terms hereof;

(e) It has no knowledge of any violation or default with respect to any order, writ,
injunction or any decree of any court or any legally binding order of any Government
Instrumentality which may result in any material adverse effect on the Authority’s
ability to perform its obligations under this Agreement;

(f) It has complied with Applicable Laws in all material respects;

(g) It has good and valid right to the Site and has the power and authority to grant the
Right of Way in respect thereof to the Contractor; and

(h) It shall have procured, as on the Appointed Date, Right of Way and environment
clearances such that the Contractor can commence construction forthwith on 95%
(ninety five per cent) of the core land length and 90% of non-core land length of the
Railway Project.
 Page 28 of 214

5.3 Disclosure

In the event that any occurrence or circumstance comes to the attention of either Party
that renders any of its aforesaid representations or warranties untrue or incorrect, such
Party shall immediately notify the other Party of the same. Such notification shall not
have the effect of remedying any breach of the representation or warranty that has
been found to be untrue or incorrect nor shall it adversely affect or waive any
obligation of either Party under this Agreement.
 Page 29 of 214

ARTICLE 6
DISCLAIMER

6.1 Disclaimer

6.1.1 The Contractor acknowledges that prior to the execution of this Agreement, the
Contractor has, after a complete and careful examination, made an independent
evaluation of the Request for Proposal (RFP), Scope of the Project, Specifications and
Standards, Site, local conditions, physical qualities of ground, subsoil and geology,
traffic volumes, suitability and availability of access routes to the Site and all
information provided by the Authority or obtained, procured or gathered otherwise, and
has determined to its satisfaction the accuracy or otherwise thereof and the nature and
extent of difficulties, risks and hazards as are likely to arise or may be faced by it in the
course of performance of its obligations hereunder. Save as provided in Clause 4.1.2
and Clause 5.2, the Authority makes no representation whatsoever, express, implicit or
otherwise, regarding the accuracy, adequacy, correctness, reliability and/or
completeness of any assessment, assumptions, statement or information provided by it
and the Contractor confirms that it shall have no claim whatsoever against the Authority
in this regard.

6.1.2 The Contractor acknowledges and hereby accepts to have satisfied itself as to the
correctness and sufficiency of the Contract Price.

6.1.3 The Contractor acknowledges and hereby accepts the risk of inadequacy, mistake or
error in or relating to any of the matters set forth in Clause 6.1.1 above and hereby
acknowledges and agrees that the Authority shall not be liable for the same in any
manner whatsoever to the Contractor, or any person claiming through or under any of
them, and shall not lead to any adjustment of Contract Price or Scheduled Completion
Date.

6.1.4 The Parties agree that any mistake or error in or relating to any of the matters set forth
in Clause 6.1.1 above shall not vitiate this Agreement, or render it voidable.

6.1.5 In the event that either Party becomes aware of any mistake or error relating to any of
the matters set forth in Clause 6.1.1 above, that Party shall immediately notify the other
Party, specifying the mistake or error.

6.1.6 Except as otherwise provided in this Agreement, all risks relating to the Project shall be
borne by the Contractor; and the Authority shall not be liable in any manner for such
risks or the consequences thereof.
 Page 30 of 214

Part III

Construction
 Page 31 of 214

ARTICLE 7

PERFORMANCE SECURITY
7.1 Performance Security

7.1.1 The Contractor shall, for the performance of its obligations hereunder, provide to the
Authority, within 30 (Thirty) days of issue of LOA, an irrevocable and unconditional
Bank Guarantee (the “Performance Security”), for an amount equal to 5% (five per
cent) of the Contract Price from a Bank in the form set forth in Annex-I of Schedule-F.

The Performance Security shall be valid until 60 (sixty) days of the expiry of the
Defects Liability Period specified in Clause 15.1.1. Until such time the Performance
Security is furnished by the Contractor pursuant hereto and the same comes into effect,
the ‘Bid Security’ shall remain in force and effect, and upon such furnishing of the
Performance Security, the Authority shall release the Bid Security to the Contractor. For
the avoidance of doubt, the Parties expressly agree that the Contractor shall provide, no
later than 30 (thirty) days prior to the expiry of the Performance Security for the Defects
Liability Period specified in Clause 15.1.1, a Performance Security in respect of the
extended Defects Liability Period, as specified in Clause 15.1.2, for an amount equal to
5% (five per cent) of the estimated cost of the Structures, Important Bridges, if any,
comprising a new technology not currently in use in the Railways and the interlocking
and telecom switching equipment as specified in Schedule B.
7.1.2 Notwithstanding anything to the contrary contained in this Agreement, the Parties agree
that in the event of failure of the Contractor to provide the Performance Security in
accordance with the provisions of Clause 7.1.1 and within the time specified therein or
such extended period as may be provided by the Authority, in accordance with the
provisions of Clause 7.1.3, the Authority shall encash the Bid Security and appropriate
the proceeds thereof as part-Damages, and thereupon all rights, privileges, claims and
entitlements of the Contractor under or arising out of this Agreement shall be deemed to
have been waived by, and to have ceased with the concurrence of the Contractor, and this
Agreement shall be deemed to have been terminated by mutual agreement of the Parties
along with further levy of the Liquidated Damages equivalent to the stipulated
‘Performance Security’, which shall be recoverable from contractor’s pending/future
dues with IR in any of the ongoing/future contracts.
7.1.3 In the event the Contractor fails to provide the Performance Security within 30 (Thirty)
days of the issue of LOA as provided in Clause 7.1.1 above, the Contractor may seek
extension of time for a period not exceeding a further 30 (Thirty) days on payment of
damages for such extended period equivalent to a sum calculated at the rate of 0.002%
(zero point zero zero two percent) of the Contract Price for each day of delay until the
Performance Security is provided.
7.2 Extension of Performance Security
The Contractor may initially provide the Performance Security for a period of 2 (two) years;
provided that it shall procure the extension of the validity of the Performance Security, as
necessary, at least 2 (two) months prior to the date of expiry thereof. Upon the Contractor
providing an extended Performance Security, the previous Performance Security shall be
deemed to be released and the Authority shall return the same to the Contractor within a period
of 7 (seven) business days from the date of submission of the extended Performance Security.
 Page 32 of 214

7.3 Appropriation of Performance Security

7.3.1 Upon occurrence of a Contractor Default, the Authority shall, without prejudice to its
other rights and remedies hereunder or in law, be entitled to encash and appropriate
from the Performance Security the amounts due to it as Damages for the Contractor
Default.
7.3.2 Upon such encashment and appropriation from the Performance Security, the
Contractor shall, within 30 (thirty) days thereof, replenish, in case of partial
appropriation, to its original level the Performance Security, and in case of
appropriation of the entire Performance Security provide a fresh Performance Security,
as the case may be, and the Contractor shall, within the time so granted, replenish or
furnish fresh Performance Security as aforesaid failing which the Authority shall be
entitled to terminate the Agreement in accordance with Article 21. Upon such
replenishment or furnishing of a fresh Performance Security, as the case may be, the
Contractor shall be entitled to an additional Cure Period of 30 (thirty) days for
remedying the Contractor Default, and in the event of the Contractor not curing its
default within such Cure Period, the Authority shall be entitled to encash and
appropriate such Performance Security as Damages, and to terminate this Agreement
in accordance with Article 21.
7.4 Release of Performance Security
The Authority shall release the Performance Security within 60 (sixty) days of the
expiry of the Defects Liability Period or the extended Defects Liability Period, as the
case may be, underthis Agreement. Notwithstanding the aforesaid, the Parties agree that
the Authority shall not be obliged to release the Performance Security until all Defects
identified during the Defects Liability Period or the extended Defects Liability Period,
as the case may be, have been rectified.
7.5 Retention Money
7.5.1 From every payment for Works due to the Contractor in accordance with the provisions
of Clause 17.5, the Authority shall deduct 6% (six per cent) thereof as guarantee money
for performance of the obligations of the Contractor during the Construction Period (the
“Retention Money”) subject to the condition that the maximum amount of Retention
Money shall not exceed 5% (five per cent) of the Contract Price.
7.5.2 Upon occurrence of a Contractor’s Default, the Authority shall, without prejudice to
its other rights and remedies hereunder or in law, be entitled to appropriate the relevant
amounts from the Retention Money as Damages for such Contractor’s Default.
7.5.3 The Contractor may, upon furnishing an irrevocable and unconditional bank guarantee
substantially in the form provided at Annex-II of Schedule-F, require the Authority to
refund the Retention Money deducted by the Authority under the provisions of Clause
7.5.1. Provided that the refund hereunder shall be made in tranches of not less than
0.5% (zero point five percent) of the Contract Price. Further, the Retention money
may be deposited as Bank Guarantee, issued by Scheduled commercial Bank after
signing of Contract Agreement, but before payment of first payment bill. Provided
further that validity of Bank Guarantee shall be extended from time to time depending
upon extension of Contract granted.

7.5.4 Within 15 (fifteen) days of the date of issue of the Completion Certificate, the
Authority shall discharge the bank guarantees, if any, furnished by the Contractor
under the provisions of Clause 7.5.3 and refund the balance of Retention Money
remaining with the Authority after adjusting the amounts appropriated under the
provisions of Clause 7.5.2 and the amounts refunded under the provisions of Clause
7.5.3.
 Page 33 of 214

7.5.5 The Parties agree that in the event of Termination of this Agreement, the Retention
Money and the bank guarantees specified in this Clause 7.5 shall be treated as if they
are Performance Security and shall be reckoned as such for the purposes of
Termination Payment under Clause 21.6.
 Page 34 of 214

ARTICLE 8
RIGHT OF WAY

8.1 The Site

The site of the Railway Project (the “Site”) shall comprise the site described in
Schedule-A in respect of which the Right of Way shall be provided by the Authority to
the Contractor. The Authority shall be responsible for:

(a) Acquiring and providing Right of Way on the Site in accordance with the alignment
plan, Longitudinal section finalized by the Authority and attached with this document,
free from all encroachments and encumbrances, and free access thereto for the
execution of this Agreement;

This Right of Way will not include completely free access to locations where working
may affect safety of train traffic (i.e. relay room, locations boxes etc). In such cases,
right of work will be arranged by the Authority Engineer on written request made by
contractor at least 7 days in advance, if such request is reasonable.

(b) Obtaining environmental clearance and forest clearance for the Railway Project.

8.2 Handing over of the Project Site

8.2.1 The Authority Representative and the Contractor shall, within 15 (fifteen) days of
providing the Performance Security by the Contractor in accordance with the provisions
of Clause 7.1, jointly inspect the Site and prepare a joint memorandum containing an
inventory of the Site including the vacant and unencumbered land, buildings, structures,
road/ railway works, trees and any other immovable property on or attached to the Site.
Subject to the provisions of Clause 8.2.3, such memorandum shall have appended
thereto an Appendix (the “Appendix”) specifying in reasonable detail those parts of the
Site to which vacant access and Right of Way has not been given to the Contractor.
Signing of the memorandum, in 2 (two) counterparts (each of which shall constitute an
original), by the authorized representatives of the Parties shall be deemed to constitute
a valid evidence of handing over of the Right of Way to the Contractor for discharging
its obligations under and in accordance with the provisions of this Agreement and for
no other purpose whatsoever.

For the avoidance of doubt, the Parties agree that subject to the provisions of Clauses
8.2.2 and 8.2.3, whenever the Authority is ready to provide Right of Way for any part
or parts of the Site included in the “Appendix”, it shall by notice inform the Contractor,
of the proposed date and time when the Authority Representative and the Contractor
shall inspect the specified parts of the Site, and prepare a memorandum which shall be
deemed to constitute a valid evidence of handing over of such Right of Way to the
Contractor in accordance with the provisions of this Clause 8.2.1.
8.2.2 Notwithstanding anything to the contrary contained in this Clause 8.2, the Authority
shall specify the parts of the Site, if any, for which Right of Way shall be provided to
the Contractor on the dates specified in Schedule-A. Such parts shall also be included
in the Appendix prepared in pursuance of Clause 8.2.1. For the avoidance of doubt, the
Parties expressly agree that the Appendix shall in no event contain Sections of the
Railway Project the cumulative length of which exceeds 5% (Five per cent) of the core
land length and 10% (Ten percent) of the non-core land length of the Railway Project.
 Page 35 of 214

8.2.3 The Authority shall provide the Right of Way to the Contractor, in respect of the land
included in the Appendix, by the date specified in Schedule-A for each part of the Site
referred to therein, but in no case later than 180 (one hundred and eighty) days of the
Appointed Date, and in the event of delay for any reason other than Force Majeure or
breach of this Agreement by the Contractor, it shall pay to the Contractor, Damages in
a sum calculated in accordance with Clause 8.3.

8.3 Damages for delay in handing over the Site

8.3.1 In the event the Right of Way to any part of the Site is not provided by the Authority
on or before the date(s) specified in Clause 8.2 for any reason other than Force Majeure
or breach of this Agreement by the Contractor, the Authority shall pay Damages to the
Contractor in a sum calculated in accordance with the following formula for and in
respect of those parts of the core land to which the Right of Way has not been provided:

Amount of Damages in Rs. per day per km = 0.001% of Contract Price

In the event that any Damages are due and payable to the Contractor under the
provisions of this Clause 8.3.1 for delay in providing the Right of Way, the Contractor
shall, subject to the provisions of Clause 10.4, be entitled to Time Extension equal to
the period for which the Damages have become due and payable under this Clause 8.3.1,
save and except that:

(a) If any delays involve time overlaps, the overlaps shall not be additive; and
(b) Such Time Extension shall be restricted only to the Works which are affected by the
delay in providing the Right of Way.

For the avoidance of doubt, the Parties expressly agree that the Damages specified
hereunder and the Time Extension specified in Clause 10.4 shall be restricted only to
failure of the Authority to provide the Right of Way for and in respect of the width of
the Site required for Works in accordance with the Good Industry Practice.

8.3.2 Notwithstanding anything to the contrary contained in this Agreement, the Contractor
expressly agrees that Works on all parts of the Site for which Right of Way is granted
within 180 (one hundred and eighty) days of the Appointed Date, or with respect to the
parts of the Site provided in Schedule-A, no later than the date(s) specified therein, as
the case may be, shall be completed before the Scheduled Completion Date and shall
not qualify for any Time Extension under theprovisions of Clause 8.3.1.

8.3.3 Notwithstanding anything to the contrary contained in this Agreement, the Authority
may at any time withdraw any part of the Right of Way and the Works forming part of
this Agreement, subject to such Works not exceeding an aggregate value, such value to
be determined in accordance with Schedule-G, equal to 5% (five per cent) of the
Contract Price. Provided that if Right of Way has not been provided within 240 (two
hundred and forty) days of the Appointed Date, for commencing construction on any
part of the Site included in the Appendix, the affected Works shall be deemed to be
withdrawn under the provisions of this Clause 8.3.3 unless the Parties agree to the
contrary, and such Works shall not be computed for the purposes of the aforesaid
ceiling of 5% (five per cent) of the Contract Price hereunder. For the avoidance of
doubt, the Parties agree that such deemed withdrawal of Works hereunder shall be
without prejudice to the Contractor’s entitlement to Damages under Clauses 4.1.4, 8.3
and 9.2.

8.3.4 In the event of withdrawal of Works under Clause 8.3.3, including deemed withdrawal
 Page 36 of 214

of Works, the Contract Price shall be reduced by an amount equal to 95% (ninety five
per cent) of the value of the Works withdrawn and the Contractor shall not be entitled
to any other compensation or Damages for the withdrawal of Works, including their
deemed withdrawal, save and except for Damages as provided under Clause 4.3.

Provided that if any Works are withdrawn after commencement of the Construction of
such Works, the Authority shall pay to the Contractor 100% (one hundred) of the fair
value of the work done, as assessed by the Authority Engineer:

8.4 Site to be free from Encumbrances

Subject to the provisions of Clause 8.2, the Site shall be made available by the Authority
to the Contractor pursuant hereto free from all Encumbrances and occupations and
without the Contractor being required to make any payment to the Authority on account
of any costs, compensation, expenses and charges for the acquisition and use of such
Site for the duration of the Project Completion Schedule. For the avoidance of doubt, it
is agreed that the existing rights of way, easements, privileges, liberties and
appurtenances to the Site shall not be deemed to be Encumbrances. It is further agreed
that, unless otherwise specified in this Agreement, the Contractor accepts and
undertakes to bear any and all risks arising out of the inadequacy or physical condition
of the Site.

8.5 Protection of Site from encroachments

On and after signing the memorandum and/or subsequent memorandum referred to in

Clause 8.2.1, and until the issue of the Provisional Certificate, the Contractor shall
maintain a round-the-clock vigil over the Site and shall ensure and procure that no
encroachment thereon takes place. During the Construction Period, the Contractor
shall protect the Site from any and all occupations, encroachments or Encumbrances,
and shall not place or create nor permit any Sub-contractor or other person claiming
through or under the Agreement to place or create any Encumbrance or security
interest over all or any part of the Site or the Project Assets, or on any rights of the
Contractor therein or under this Agreement, save and except as otherwise expressly set
forth in this Agreement. In the event of any encroachment or occupation on any part of
the Site, the Contractor shall report such encroachment or occupation forthwith to the
Authority and undertake its removal at itsown cost and expenses.

8.6 Special/Temporary Right of Way

The Contractor shall bear all costs and charges for any special or temporary right of
way required by it in connection with access to the Site. The Contractor shall obtain at
its cost such facilities on or outside the Site as may be required by it for the purposes of
the Railway Project and the performance of its obligations under this Agreement.

8.7 Access to the Authority and the Authority Engineer

8.7.1 The Right of Way given to the Contractor hereunder shall always be subject to the right
of access of the Authority and the Authority Engineer and their employees and agents
for inspection, viewing and exercise of their rights and performance of their obligations
under this Agreement.

8.7.2 The Contractor shall ensure, subject to all relevant safety procedures, that the Authority
has unrestricted access to the Site during any Emergency.
 Page 37 of 214

8.8 Geological and archaeological finds

It is expressly agreed that mining, geological or archaeological rights do not form part
of this Agreement with the Contractor for the Works, and the Contractor hereby
acknowledges that it shall not have any mining rights or interest in the underlying
minerals, fossils, antiquities, structures or other remnants or things either of particular
geological or archaeological interest and that such rights, interest and property on or
under the Site shall vest in and belong to the Authority or the concerned Government
Instrumentality. The Contractor shall take all reasonable precautions to prevent its
workmen or any other person from removing or damaging such interest or property and
shall inform the Authority forthwith of the discovery thereof and comply with such
instructions as the Authority or the concerned Government Instrumentality may
reasonably give for the removal of such property. For the avoidance of doubt, it is
agreed that any reasonable expenses incurred by the Contractor hereunder shall be
reimbursed by the Authority. It is also agreed that the Authority shall procure that the
instructions hereunder are issued by the concerned Government Instrumentality within
a reasonable period.
 Page 38 of 214

ARTICLE 9
UTILITIES AND TREES

9.1 Existing utilities and roads

Notwithstanding anything to the contrary contained herein, the Contractor shall ensure
that the respective entities owning the existing roads, right of way, level crossings,
structures, or utilities on, under or above the Site are enabled by it to keep them in
continuous satisfactory use, if necessary, by providing suitable temporary diversions
with the authority of the controlling body of that road, right of way or utility.

9.2 Shifting of obstructing utilities

9.2.1 The Contractor shall, in accordance with Applicable Laws and with the proactive
support & assistance of the Authority, cause shifting of any utility (including electric
lines, water pipes and telephone cables) to an appropriate location or alignment, if such
utility or obstruction adversely affects/ infringes the execution of Works in accordance
with this Agreement. The actual cost of shifting/relocation of such utilities, as
approved and communicated/demanded by the entity owning such utility, shall be paid
by the Authority directly to the entity. In the event of any delay in such shifting by the
entity owning the utility beyond a period of 180 (one hundred and eighty) days from
the date of notice by the Contractor to the entity owning the utility and to the Authority,
the Contractor shall be entitled to Damages in a sum calculated in accordance with the
formula specified in Clause
8.3.1 for the period of delay, and to Time Extension in accordance with Clause 10.4 for
and in respect of the part(s) of the Works affected by such delay; provided that if the
delays involve any time overlaps, the overlaps shall not be additive.

9.2.2 For the existing utilities owned by Railways, where the shifting thereof can take place
only after certain works for enabling its shifting have been completed by the Contractor,
the Authority shall, undertake and complete its shifting within 180 (one hundred and
eighty) days after the Contractor has notified the Authority of the completion of the
enabling works. In the event of delay in shifting the utility, beyond the aforesaid period
of 180 (one hundred and eighty) days, the Contractor shall be entitled to Damages for
the period of delay in accordance with the provisions of this Clause 9.2.1.

9.2.3 The utilities which are not to be diverted, proper supporting shall be done to prevent
any damage. No payment shall however be made for supporting and protecting the
utilities during execution of the work. All temporary diversion of any utilities done to
facilitate the construction activity shall be the part of the schedule G.

9.3 New utilities

9.3.1 The Contractor shall allow, subject to such conditions as the Authority may specify,
access to, and use of the Site for laying telephone lines, water pipes, electric cables or
other public utilities. Where such access or use causes any financial loss to the
Contractor, it may require the user of the Site to pay compensation or damages as per
Applicable Laws. For the avoidance of doubt, it is agreed that use of the Site under this
Clause 9.3 shall not in any manner relieve the Contractor of its obligation to construct
and maintain the Railway Project in accordance with this Agreement and any damage
caused by such use shall be restored forthwith at the cost of the Authority.
 Page 39 of 214

9.3.2 In the event the construction of any Works is affected by a new utility or works
undertaken in accordance with this Clause 9.3, the Contractor shall be entitled to a
reasonable Time Extension in accordance with Clause 10.4 for and in respect of the
part(s) of the Works affected by such delay; provided that if the delays involve any
time overlaps, the overlaps shall not be additive.

9.4 Felling of trees

The Authority shall obtain the Applicable Permits for felling of trees to be identified by
the Authority for this purpose if and only if such trees cause a Material Adverse Effect
on the construction of the Railway Project. The cost of such felling and of the
compensatory plantation of trees, if any, shall be borne by the Authority. In the event
of any delay in felling thereof for reasons beyond the control of the Contractor; it shall
be excused for failure to perform any part of its obligations hereunder if such failure is
a direct consequence of delay in the felling of trees. The Parties hereto agree that the
felled trees shall be deemed to be owned by the Authority and shall be disposed in
such manner and subject to such conditions as the Authority may in its sole discretion
deem appropriate. For the avoidance of doubt, the Parties agree that if any felling of
trees hereunder is in a forest area, the Applicable Permit thereof shall be procured by
the Authority within the time specified in the Agreement; and for any period of delay in
providing the Applicable Permits, the Contractor shall be entitled to Damages and Time
Extension as provided under Clause 9.2.1.
 Page 40 of 214

ARTICLE 10
DESIGN AND CONSTRUCTION OF THE RAILWAY PROJECT

10.1 Obligations prior to commencement of Works

10.1.1 Within 20 (twenty) days of the Appointed Date, the Contractor shall:

(a) Appoint its representative, duly authorized to deal with the Authority in respect of all
matters under or arising out of or relating to this Agreement;

(b) Appoint a design director (the “Design Director”) who will head the Contractor’s
design unit and shall be responsible for surveys, investigations, collection of data, and
preparation of preliminary and detailed designs;

(c) Undertake and perform all such acts, deeds and things as may be necessary or required
before commencement of Works under and in accordance with this Agreement,
Applicable Laws and Applicable Permits; and

(d) Make its own arrangements for quarrying and procurement of materials needed for the
Railway Project under and in accordance with Applicable Laws and Applicable
Permits.

10.1.2 The Authority shall, within 15 (fifteen) days of the date of this Agreement, appoint an
engineer (the “Authority Engineer”) to discharge the functions and duties specified in
this Agreement, and shall notify to the Contractor the name, address and the date of
appointment of the Authority Engineer forthwith.

10.1.3 Within 30 (thirty) days of the Appointed Date, the Contractor shall submit to the
Authority and the Authority Engineer a programme/CPM Charts & Bar Charts (the
“Programme”) for construction of Works, developed using networking techniques and
giving the following details:

Part I Contractor’s organization for the Project, the project execution plan indicating
arrangements for design and construction i.e. engagement of design consultants,
project phasing and sub-contracting etc., environmental management plan,
Quality Assurance Plan including design quality plan, traffic management and
safety plan covering safety of users and workers during construction,
Contractor’s key personnel, and equipment.

Part II Programme for completion of all stages of construction given in Schedule-G

and Project Milestones of the Works as specified in Project Completion
Schedule set forth in Schedule-I. The Programme shall include:
(a) the order in which the Contractor intends to carry out the Works, including the
anticipated timing of design and stages of Works;

(b) the periods for reviews under Clause 10.2; and

(c) the sequence and timing of inspections and tests specified in this Agreement.

The Contractor shall submit a revised programme whenever the previous programmeis
inconsistent with the actual progress or with the Contractor’s obligations.
 Page 41 of 214

Part III Monthly cash flow forecast for the Project. Provided, however, that the
Authority may, within a period of 21 (twenty one) days of receipt of the
Programme, convey its comments to the Contractor stating the modifications,
if any, required for compliance with the provisions of this Agreement, and the
Contractor shall carry out such modifications, to the extent required for
conforming with the provisions of this Agreement.

10.1.4 The Contractor shall plan the project work by keeping Schedule-G into consideration in
order to maximize the cash flow and progress. However, the Authority Engineer may
modify/break up any of the the stage payment schedule (payment milestones) during
execution if the same is considered essential to speed up the progress or if the contractor
is not able to achieve a particular payment milestone due to the reasons/delays
attributable to the Authority or due to the factors beyond the control of Contractor or to
any unforeseen circumstances.

10.1.5 Procurement of items should be planned by the Contractor in consultation with the
Authority Engineer. Procurement plan should be prepared in such a manner that those
materials which have limited shelf life may be procured in a staggered manner so that
materials are utilized/consumed well before its expiry. If the material/product does not
remain of required specifications at the time of its actual use, the same will be replaced
by the Contractor with materials confirming to Specifications at his own cost.

10.2 Design and Drawings

10.2.1 Design and Drawings shall be developed in conformity with the Specifications and
Standards set forth in Schedule-D. In the event, the Contractor requires any relaxation
in design standards due to restricted Right of Way in any section or unforeseen issues,
the alternative design criteria for such section shall be provided for review/approval of
the Authority Engineer.

10.2.2 The Contractor shall appoint a proof checking consultant at its cost (the “Proof
Consultant”). Contractor shall submit the panel of 3 names within 30 days of
Appointed date to the Authority Engineer. After proposing to the Authority, a panel of
3 (three) names of qualified, reputed and experienced firms and Authority will select
one Proof Consultant from the above panel provided, however, that if none of the
name proposed in the panel is acceptable to the Authority and the reasons for the same
are furnished to the Contractor, the Contactor shall propose to the Authority a revised
panel of 3 (three) more names for obtaining the consent of the Authority. The
Contractor shall also obtain the consent of the Authority for two key personnel of the
Proof Consultant who shall have adequate experience and qualifications with respect to
the main components of the Railway Project. The Authority shall, within 30 (thirty)
days of receiving a panel from the Contractor, either convey its decision with reasons,
to the Contractor, and if no such decision is conveyed within the said period, the
Contractor may proceed with engaging of the Proof Consultant of its own choice. For
the avoidance of doubt, the Parties agree that no firm or person having any conflict of
interest shall be engaged for this purpose. The Parties further agree that any
assignments completed at least three years prior to the appointment hereunder shall not
be reckoned for the purposes of conflict of interest.

10.2.3 The Proof Consultant shall:

(a) Evolve a systems approach with the Design Director so as to minimize the time required
for approval of final designs and construction drawings; and
 Page 42 of 214

(b) Examine the designs expeditiously and wherever necessary raise observations/ seek
clarifications etc. as deemed appropriate and refer back the drawings within 15 days
for rectifications/clarifications, and finally proof check and endorse/counter-sign the
detailed calculations, drawings and designs, which have been approved by the Design
Director.

10.2.4 In respect of the route control chart, the following shall apply:

(a) Route control chart

(i) The Contractor shall prepare and submit to the Authority’s Engineer all route control
charts conforming to the ESP/SIPs, within a period of 3 (three) months from the
Appointed Date;
(ii) The Authority Engineer shall review the route control chart within two weeks and
submit it with its comments to the Authority for its approval; and
(iii) The Authority shall communicate the route control chart as approved by it within a
period not exceeding 2 (two) months from the date of submission of the route control
chart by the Contractor. Such period of two months shall exclude any time that is taken
by the Contractor in providing clarifications or modifications in response to any
communication from the Authority.

10.2.5 In the event of delay by the Contractor in submitting route control chart, as the case may
be, within the period specified in Clause 10.2.4 for any reason other than Force Majeure
or the delay attributable to the Authority, the Contractor shall pay Damages to the
Authority in a sum equal to 0.001% (zero point zero zero one percent) of the Contract
Price for each day of delay.
10.2.6 In the event of delay by the Authority in providing to the Contractor the approved route
control chart, within the period specified in Clause 10.2.4 for any reason other than
Force Majeure or breach of this Agreement by the Contractor, the Authority shall pay
Damages to the Contractor in a sum equal to 0.001% (zero point zero zero one percent)
of the Contract Price for each day of delay, and shall also grant Time Extension in
accordance with the provisions of Clause 10.4.

10.2.7 In regard to Contractor’s obligations with respect to the design and Drawings of the
Railway Project as set forth in Schedule-H, the following shall apply:

(a) The Contractor shall prepare and submit, with reasonable promptness and in such
sequence as is consistent with the Project Completion Schedule, 3 (three) copies each
of the design and necessary Drawings, duly approved/signed by the Design Director
and certified/signed by the Proof Consultant, to the Authority Engineer for review.
Provided, however, that in respect of Important Bridges, Major Bridges, Structures,
railway stations and yards, the Authority Engineer may require additional drawings for
its review in accordance with Good Industry Practice;

(b) By submitting the Drawings for review to the Authority Engineer, the Contractor shall
be deemed to have represented that it has determined and verified that the design and
Drawings are in conformity with stipulated Specifications and Standards, the
Applicable Laws, statutory stipulations and Good Industry Practice;

(c) Within 21 (twenty one) days of the receipt of the Drawings, the Authority Engineer
shall review the same and convey its observations to the Contractor with particular
reference to their conformity or otherwise with the Scope of the Project and the
Specifications and Standards. Beyond the said period of 21 (twenty one) days, the
 Page 43 of 214

Contractor shall not be obliged to await the observations of the Authority Engineer on
the Drawings submitted pursuant hereto and may begin or continue Works at its own
discretion and risk; Provided, however, that in case of Important Bridges, Major
Bridges, Structures, interlocking and telecom switching equipment and any other
specified item the aforesaid period of 21 (twenty one) days may be extended as per the
time limit as indicated in Annexure-II of Schedule-D;

(d) If the aforesaid observations of the Authority Engineer indicate that the Drawings are
not in conformity with the Scope of the Project or the Specifications and Standards,
such Drawings shall be revised by the Contractor in conformity with the provisions of
this Agreement and resubmitted to the Authority Engineer for review. The Authority
Engineer shall give its observations, if any, within 10 (ten) days of receipt of the revised
Drawings. In the event the Contractor fails to revise and resubmit such Drawings to the
Authority Engineer for review as aforesaid, the Authority Engineer may cause the
payment for the affected works to be withheld under and in accordance with the
provisions of Clause 17.5.4. If the Contractor disputes any decision, direction or
determination of the Authority Engineer hereunder, the Dispute shall be resolved in
accordance with the Dispute Resolution Procedure;

(e) No review and/or observation of the Authority Engineer and/or its failure to review
and/or convey its observations on any Drawings shall relieve the Contractor of its
obligations and liabilities under this Agreement in any manner nor shall the Authority
Engineer or the Authority be liable for the same in any manner; and if errors,
omissions, ambiguities, inconsistencies, inadequacies or other Defects are found in the
Drawings, they shall, along with the affected Works, be corrected at the Contractor's
cost, not withstanding any review under this Article 10;

(f) The Contractor shall be responsible for delays in submitting the Drawings, as set forth
in Schedule-H, caused by reason of delays in surveys and field investigations, and shall
not be entitled to seek any relief in respect thereof from the Authority; and

(g) The Contractor warrants that its designers, including any third parties engaged by it,
shall have the required experience and capability in accordance with Good Industry
Practice and it shall indemnify the Authority against any damage, expense, liability,
loss or claim, which the Authority might incur, sustain or be subject to arising from any
breach of the Contractor’s design responsibility and/or warranty as set out in this
Clause.

10.2.8 Any cost or delay in construction arising from the review by the Authority Engineer
shall be borne by the Contractor.

10.2.9 Works shall be executed in accordance with the Drawings provided by the Contractor
in accordance with the provisions of this Clause 10.2 and the observations of the
Authority Engineer thereon as communicated pursuant to the provisions of Clause
10.2.7. Such Drawings shall not be amended or altered without prior written notice to
the Authority Engineer. If a Party becomes aware of an error or defect of a technical
nature in the design or Drawings, that Party shall promptly give notice to the other Party
of such error or defect.

10.2.10 Within 90 (ninety) days of the Project Completion Date, the Contractor shall furnish to
the Authority and the Authority Engineer a complete set of as-built Drawings, in 2 (two)
hard copies and in its editable digital format or in such other medium or manner as may
be acceptable to the Authority, including an as-built survey illustrating the layout of the
Railway Project and setback lines, if any, of the buildings and structures forming part
 Page 44 of 214

of Project Facilities, and shall hand them over to the Authority against receipt thereof.
10.2.11 The Contractor shall also appoint a safety consultant (the “Safety Consultant”),
contractor shall submit the panel within 30 days of Appointed date to the Authority
Engineer, after proposing to the Authority a panel of 3 (three) names of qualified and
experienced consultants having minimum 10 years experience in ensuring safety at
work site from whom the Authority may choose 1 (one) to be the Safety Consultant.
Provided, however, that if the panel is not acceptable to the Authority and the reasons
for the same are furnished to the Contractor, the Contractor shall propose to the
Authority a revised panel of 3 (three) names for obtaining the consent of the Authority.
The Contractor shall also obtain the consent of the Authority for additional two key
personnel of the Safety Consultant who shall have at least 5 years experience in
ensuring safety at worksite. The Authority shall, within 15 (fifteen) days of receiving a
proposal from the Contractor hereunder, convey its decision, with reasons, to the
Contractor, and if no such decision is conveyed within the said period, the Contractor
may proceed with engaging of the Safety Consultant. The Safety Consultant shall:

(a) Evolve a system approach for undertaking a safety audit of the Railway Project during
construction phase; and

(b) Proof check the detailed safety plan covering all aspects of including safety of Users,
workers and equipment.

10.3 Construction of the Railway Project

10.3.1 The Contractor shall construct the Railway Project as specified in Schedule-B
and Schedule-C, and in conformity with the Specifications and Standards set forth in
Schedule-D. The Contractor shall be responsible for the correct positioning of all parts
of the Works, and shall rectify any error in the positions, levels, dimensions or
alignment of the Works. For works involving existing yards, the non-interlocking
programme for each yard shall be drawn by the Authority Engineer and provided to the
Contractor. The Contractor and the Authority Engineer, within a period of 30 days, will
discuss the same and issue a jointly agreed NI programme. The execution of work
during the non-interlocking period will be the responsibility of the Contractor. The
work during non-interlocking period in yards will be executed directly under the
supervision of Railways, however, the timely completion of NI working will be the
responsibility of the Contractor. The 900 (Nine hundred th ) day from the Appointed
Date shall be the scheduled completion date (the “Scheduled Completion Date”) and
the Contractor agrees and undertakes that the construction shall be completed on or
before the Scheduled Completion Date, including any extension thereof, in which case
the Scheduled Completion Date will be the extended date as per the time extension
granted.

10.3.2 The Contractor shall construct the Railway Project in accordance with the Project
Completion Schedule set forth in Schedule-I. In the event that the Contractor fails to
achieve any Project Milestone or the Scheduled Completion Date within a period of 30
(thirty) days from the date set forth in Schedule-I, unless such failure has occurred due
to Force Majeure or for reasons attributable to the Authority, it shall pay Damages to
the Authority in a sum calculated at the rate of 0.05% (zero point zero five per cent) of
the Contract Price for delay of each day reckoned from the date specified in Schedule -
I and until such Project Milestone is achieved or the Works are completed; provided
that if the period for any or all Project Milestones or the Scheduled Completion Date is
extended in accordance with the provisions of this Agreement, the dates set forth in
Schedule-I shall be deemed to be modified accordingly and the provisions of this
Agreement shall apply as if Schedule-I has been amended as above; provided further
 Page 45 of 214

that in the event the Works are completed within or before the Scheduled Completion
Date including any Time Extension, the Damages paid under this Clause 10.3.2 shall
be refunded by the Authority to the Contractor, but without any interest thereon. For
the avoidance of doubt, it is agreed that recovery of Damages under this Clause 10.3.2
shall be without prejudice to the rights of the Authority under this Agreement
including the right of Termination thereof. The Parties further agree that Time
Extension hereunder shall only be reckoned for and in respect of the affected Works as
specified in Clause 10.4.2.

10.3.3 The Authority shall notify the Contractor of its decision to impose Damages in
pursuance of the provisions of this Clause 10.3. Provided, however, that no deduction
on account of Damages shall be affected by the Authority without taking into
consideration the representation, if any, made by the Contractor within 20 (twenty)
days of such notice. The Parties expressly agree that the total amount of Damages under
Clause 10.3.2 shall not exceed 10% (ten percent) of the Contract Price.

10.3.4 Certain works, which are executed in the vicinity of running track, may require prior
sanction of competent authority before execution of such works are taken up by the
Contractor. Authority Engineer will advise such works to the Contractor. The
Contractor shall be responsible to prepare and submit applications to Authority
Engineer for obtaining sanction of competent authority at least 60 (sixty) days in
advance of commencing a work that requires prior sanction of CRS.

10.4 Extension of time for completion

10.4.1 Without prejudice to any other provision of this Agreement for and in respect of
extension of time, the Contractor shall be entitled to extension of time in the Project
Completion Schedule (the “Time Extension”) to the extent that completion of any
Project Milestone is or will be delayed by any of the following, namely:
(a) Delay in providing the Right of Way, Approval of GAD by road / canal authorities,
environmental/ forest clearances, in accordance with the provisions of this Agreement;

(b) Change of Scope, unless an adjustment to the Scheduled Completion Date has been
agreed under Article 13;
(c) Occurrence of a Force Majeure Event;
(d) Any delay, impediment or prevention caused by or attributable to the Authority, the
Authority’s personnel or the Authority’s other contractors on the Site; and
(e) Any other cause or delay which entitles the Contractor to Time Extension in accordance
with the provisions of this Agreement.
10.4.2 The Contractor shall, no later than 30 (thirty) business days from the occurrence of an
event or circumstance specified in Clause 10.4.1, inform the Authority Engineer by
notice in writing, with a copy to the Authority, stating in reasonable detail with
supporting particulars, the event or circumstances giving rise to the claim for Time
Extension in accordance with the provisions of this Agreement. Provided that the period
of 15 (fifteen) business days shall be calculated from the date on which the Contractor
became aware, or should have become aware, of the occurrence of such an event or
circumstance.

Provided further that notwithstanding anything to the contrary contained in this

Agreement, Time Extension shall be due and applicable only for the Works which are
affected by the aforesaid events or circumstances and shall not in any manner affect the
 Page 46 of 214

Project Completion Schedule for and in respect of the Works which are not affected
thereby.

10.4.3 In the event of the failure of the Contractor to issue to the Authority Engineer a notice
in accordance with the provisions of Clause 10.4.2 within the time specified therein, the
Contractor shall not be entitled to any Time Extension and shall forfeit its right for any
such claims in future. For the avoidance of doubt, in the event of failure of the
Contractor to issue notice as specified in this Clause 10.4.3, the Authority shall be
discharged from all liability in connection with the claim.

10.4.4 The Authority Engineer shall, on receipt of a claim in accordance with the provisions of
Clause 10.4.2, examine the claim expeditiously within the time frame specified herein.
In the event the Authority Engineer requires any clarifications to examine the claim, the
Authority Engineer shall seek the same within 15 (fifteen) days from the date of
receiving the claim. The Contractor shall, on the receipt of the communication of the
Authority Engineer requesting for clarification, furnish the same to the Authority
Engineer within 10 (ten) days thereof. The Authority Engineer shall, within a period of
30 (thirty) days from the date of receipt of such clarifications, forward in writing to the
Contractor its determination of Time Extension. For the avoidance of doubt, the Parties
agree that the Authority Engineer shall, in accordance with the provisions of this
Agreement, notify the Contractor of the aforesaid Time Extension no later than 30
(thirty) days from the date of receipt of the Contractor’s claim for Time Extension or
the date of receipt of the clarification from the Contractor, as the case may be.

Provided that when determining each extension of time under this Clause 10.4, the
Authority Engineer shall review previous determinations and may increase, but shall
not decrease, the total Time Extension.
10.4.5 If the event or circumstance giving rise to the notice has a continuing effect:

(a) The detailed claim shall be considered as interim;

(b) The Contractor shall, no later than 10 (ten) days after the close of each month, send
further interim claims specifying the accumulated delay, the extension of time claimed,
and such further particulars as the Authority Engineer may reasonably require; and

(c) The Contractor shall send a final claim within 30 (thirty) days after the effect of the
event or the circumstance ceases.

Upon receipt of the claim hereunder, the Authority Engineer shall examine and
determine the same in accordance with the provisions of Clause 10.4.4 within a period
of 30 (thirty) days of the receipt thereof.

10.5 Incomplete Works

In the event the Contractor fails to complete the Works in accordance with the Project
Completion Schedule, including any Time Extension granted under this Agreement,
the Contractor shall endeavour to complete the balance work expeditiously and shall
pay Damages to the Authority in accordance with the provisions of Clause 10.3.2 for
delay of each day until the Works are completed in accordance with the provisions of
this Agreement. Recovery of Damages under this Clause shall be without prejudice to
the rights of the Authority under this Agreement including the right to termination
under Clause 21.1.
10.6 Equipment specific Maintenance Manual
No later than 90 (ninety) days prior to the Project Completion Date, the Contractor
 Page 47 of 214

shall, in consultation with the Authority Engineer, evolve an equipment specific

maintenance manual for equipment based on a new technology not currently in use in
the Railways (the “Maintenance Manual”) for the regular operation and maintenance
of such equipment in conformity with safety requirements, Good Industry Practice and
manufacturer’s manuals and instructions and shall provide 10 (ten) hard copies and 2
(two) compact discs thereof to the Authority Engineer.
 Page 48 of 214

ARTICLE 11
QUALITY ASSURANCE, MONITORING AND SUPERVISION

11.1 Quality of Materials and workmanship

11.1.1 The Contractor shall ensure that the Construction, Materials and workmanship are in
accordance with the requirements specified in this Agreement, Specifications and
Standards and Good Industry Practice.

11.1.2 The Contractor warrants that all Materials shall be new, unused, not reconditioned and
in conformity with Specification and Standards, Applicable Laws and Good Industry
Practice, and that the Contractor shall not use any materials which are generally
recognized as being deleterious under Good Industry Practice.

11.2 Quality control system

11.2.1 The Contractor shall establish a Quality Control Mechanism, Quality Assurance Plan
(the “Quality Assurance Plan”or“QAP”), Material Testing Plan (the “Material
Testing Plan” or “MTP”) and Method Statements for execution of works (the
“Method Statements” or “MS”) in consultation of Authority Engineer.

11.2.2 The Contractor shall, within 30 (thirty) days of the Appointed Date, submit to the
Authority Engineer its Quality Control Mechanism, QAP, MTP and MS which shall
include the following:

(a) Organization, duties and responsibilities, procedures, inspections and documentation;

(b) Quality control mechanism including sampling and testing of Materials, tests required
during the execution of works and frequencies by Contractor and Authority Engineer,
standards, acceptance criteria, testing facilities, reporting, recording and interpretation
of test results, approvals, check list for site activities, and proforma for testing and
calibration in accordance with the Specifications and Standards and Good Industry
Practice; and

(c) Internal quality audit system. The Contractor shall carry out internal audits of the
Quality management System regularly, and at least once every 6 months. The
Contractor shall submit to the Engineer a report listing the results of each internal audit
within 7 days of completion. Each report shall include, where appropriate, the proposed
measures to improve and/or rectify the Quality Management System and/or its
implementation.

The Authority Engineer shall convey its comments to the Contractor within a period of
21 (twenty-one) days of receipt of the QAP stating the modifications, if any, required,
and the Contractor shall incorporate those in the QAP to the extent required for
conforming with the provisions of this Clause 11.2.
11.2.3 The Contractor shall procure all documents, apparatus and instruments, fuel,
consumables, water, electricity, labour, Materials, samples, and qualified personnel as
are necessary for examining and testing the Project Assets, Materials and workmanship
in accordance with the Quality Assurance Plan.

11.2.4 The cost of testing of Construction, Materials and workmanship under this Article 11
shall be borne by the Contractor.
 Page 49 of 214

11.3 Methodology

The Contractor shall, at least 15 (fifteen) days prior to the commencement of any
construction activity, submit to the Authority Engineer for review the Method
Statement proposed to be adopted for executing the Work, giving details of inspection
checklist, quality parameters, equipment to be deployed, traffic management and
measures for ensuring safety. The Authority Engineer shall complete the review and
convey its comments, if any, to the Contractor within a period of 10 (ten) days from
the date of receipt of the proposed method statement from the Contractor. The
Contractor shall revise the method statements by incorporating these comments or else
will advise the Authority Engineer reasons for not/partially including the same.

11.4 Inspection and technical audit by the Authority

The Authority or any representative authorized by the Authority in this behalf may
inspect and review the progress and quality of the construction of Works and issue
appropriate directions to the Authority Engineer and the Contractor for taking remedial
action in the event the Works are not in accordance with the provisions of this
Agreement.

11.5 External technical audit

At any time during construction, the Authority may appoint an external technical
auditor to conduct an audit of the quality of the Works. The findings of the audit, to
the extent accepted by the Authority, shall be notified to the Contractor and the
Authority Engineer for taking remedial action in accordance with this Agreement. The
Contractor shall provide all assistance as may be required by the auditor in the conduct
of its audit hereunder. Notwithstanding anything contained in this Clause 11.5, the
external technical audit shall not affect any obligations of the Contractor or the
Authority Engineer under this Agreement.

11.6 Inspection of construction records

The Authority shall have the right to inspect the records of the Contractor relating to the
Works.
11.7 Monthly progress reports

During the Construction Period, the Contractor shall, no later than 10 (ten) days after
the close of each month, furnish to the Authority and the Authority Engineer a monthly
report on the progress of Works and shall promptly give such other relevant
information as may be required by the Authority Engineer along with all resources
deployed and all problems faced during work.

11.8 Inspection

11.8.1 The Authority Engineer and its authorized representative shall at all times:

(a) Have full access to all parts of the Site and to all places from which natural Materials
are being obtained for use in the Works; and

(b) During production, manufacture and construction at the Site and at the place of
 Page 50 of 214

production, be entitled to examine, inspect, measure and test the Materials and
workmanship, and to check the progress of manufacture of Materials.

11.8.2 The Contractor shall give the Authority Engineer and its authorized agents access,
facilities and safety equipment for carrying out their obligations under this Agreement.

11.8.3 The Authority Engineer shall submit a monthly inspection report (the “Inspection
Report”) to the Authority and the Contractor bringing out the results of inspections and
the remedial action taken by the Contractor in respect of Defects or deficiencies. For
the avoidance of doubt, such inspection or submission of Inspection Report by the
Authority Engineer shall not relieve or absolve the Contractor of its obligations and
liabilities under this Agreement in any manner whatsoever.

11.9 Samples

The Contractor shall submit the following samples of Materials and relevant
information to the Authority Engineer for review:

(a) Manufacturer’s test reports and standard samples of manufactured Materials; and

(b) Samples of such other Materials as the Authority Engineer may require.

11.10 Tests

11.10.1 For determining that the Works confirm to the Specifications and Standards, the
Authority Engineer shall require the Contractor to carry out or cause to be carried out
tests, at such time and frequency and in such manner as specified in this Agreement,
and in accordance with Good Industry Practice for quality assurance. The Contractor
shall submit the schedule for performing such tests to the Authority Engineer well in
advance and not less than 7 days prior to conducting such tests.
The Contractor shall, with due diligence, carry out all the tests in accordance with the
Agreement and furnish the results thereof to the Authority Engineer. Of the total tests
for each category or type to be undertaken by the Contractor under the provisions of
this Agreement and Good Industry Practice, the Authority Engineer or his authorized
representative may witness or participate in such tests conducted or cause to be
conducted by the Contractor. Documentation of test records to be maintained by
Contractor and Authority Engineer or his authorized representative shall scrutinize
100% Testing records of all tests conducted as per existing guidelines of Indian
Railways and Indian Road Congress. A copy of such test records shall be provided to
the Authority Engineer.

11.10.2 In the event that results of any tests conducted under this Clause 11.10 establish any
Defects or deficiencies in the Works, the Contractor shall carry out remedial measures
and furnish a report to the Authority Engineer in this behalf. The Authority Engineer
shall require the Contractor to carry out or cause to be carried out tests to determine that
such remedial measures have brought the Works into compliance with the
Specifications and Standards, and the procedure shall be repeated until such Works
conform to the Specifications and Standards. For the avoidance of doubt, the cost of
such tests and the remedial measures in pursuance thereof shall be solely borne by the
Contractor.

11.11 Examination of work before covering up

 Page 51 of 214

In respect of the work which the Authority Engineer is entitled to examine, inspect,
measure or test before it is covered up or put out of view or any part of the work is
placed thereon, the Contractor shall give notice to the Authority Engineer whenever any
such work is ready and before it is covered up. The Authority Engineer shall then either
carry out the examination, inspection or testing without unreasonable delay, or promptly
give notice to the Contractor that the Authority Engineer does not require to do so.
Provided, however, that if any work is of a continuous nature where it is not possible or
prudent to keep it uncovered or incomplete, the Contractor shall notify the schedule of
carrying out such work to give sufficient opportunity, not being less than 3 (three)
business days’ notice, to the Authority Engineer to conduct its inspection, measurement
or test while the work is continuing. Provided further that in the event the Contractor
receives no response from the Authority Engineer within a period of 3 (three) business
days from the date on which the Contractor’s notice hereunder is delivered to the
Authority Engineer, the Contractor shall be entitled to assume that the Authority
Engineer would not undertake the said inspection.

11.12 Rejection

11.12.1 If, as a result of an examination, inspection, measurement or testing, any Plant, Material,
design or workmanship is found to be defective or otherwise not in accordance with the
provisions of this Agreement, the Authority Engineer may reject such Plant, Material,
design or workmanship by giving notice to the Contractor, with reasons.
The Contractor shall then promptly make good the Defect and ensure that the rejected
item complies with the requirements of this Agreement.

11.12.2 If the Authority Engineer requires the Plant, Material, design or workmanship to be
retested, the tests shall be repeated on the same terms and conditions, as applicable in
each case. If the rejection and retesting cause the Authority to incur any additional costs,
such costs shall be recoverable by the Authority from the Contractor and may be
deducted by the Authority from any monies due to be paid to the Contractor.

11.12.3 The Contractor shall not be entitled to any extension of time on account of rectifying
any Defect or retesting as specified in this Clause 11.12.

11.12.4 No examination, inspection, measurement or testing of any Plant, Material, design or

workmanship by the Authority Engineer or its failure to convey its observations or to
examine, inspect, measure or test shall relieve the Contractor of its obligations and
liabilities under this Agreement in any manner nor shall the Authority be liable for the
same in any manner.

11.13 Remedial work

11.13.1 Notwithstanding any previous test or certification, the Authority Engineer may instruct
the Contractor to:

(a) remove from the Site and replace any Plant or Materials which are not in accordance
with the provisions of this Agreement;

(b) remove and re-execute any work which is not in accordance with the provisions of this
Agreement and the Specification and Standards; and

(c) execute any work which is urgently required for the safety of the Railway Project,
whether because of an accident, unforeseeable event or otherwise; provided that in case
 Page 52 of 214

of any work which is required on account of a Force Majeure Event, the provisions of
Clause 19.6 shall apply.

11.13.2 If the Contractor fails to comply with the instructions issued by the Authority Engineer
under Clause 11.13.1, within the time specified in the Authority Engineer’s notice or as
mutually agreed, the Authority Engineer may advise the Authority to have the work
executed by another agency. The cost so incurred by the Authority for undertaking such
work shall, without prejudice to the rights of the Authority to recover Damages in
accordance with the provisions of this Agreement, be recoverable from the Contractor
and may be deducted by the Authority from any monies due to be paid to the Contractor.
11.14 Delays during construction

Without prejudice to the provisions of Clause 10.3.2, in the event the Contractor does
not achieve any of the Project Milestones within the time period stipulated in Schedule
- I or the Authority Engineer shall have reasonably determined that the rate of progress
of Works is such that Completion of the Railway Project is not likely to be achieved by
the end of the Scheduled Completion Date, it may notify the same to the Contractor,
and the Contractor shall, within 15 (fifteen) days of such notice, by a communication
inform the Authority Engineer in reasonable detail about the steps it proposes to take to
expedite progress and the period within which it shall achieve the Project Completion
Date.

11.15 Quality control records and Documents

The Contractor shall hand over to the Authority Engineer a copy of all its quality control
records and documents before the Completion Certificate is issued pursuant to Clause
12.2.

11.16 Video recording

During the Construction Period, the Contractor shall provide to the Authority for every
calendarquarter, a video recording, which will be compiled into a 3 (three) hour digital
video disc or any substitute thereof, covering the status and progress of Works in that
quarter. The video recording shall be provided to the Authority no later than 15
(fifteen) days after the close of each quarter after the Appointed Date.

11.17 Suspension of unsafe Construction Works

11.17.1 Upon recommendation of the Authority Engineer to this effect, or on its own violation
in cases of emergency or urgency, the Authority may by notice require the Contractor
to suspend forthwith the whole or any part of the Works if, in the reasonable opinion of
the Authority Engineer or the Authority, as the case may be, such work threatens the
safety of the Users and or other persons on or about the Railway Project.

11.17.2 The Contractor shall, pursuant to the notice under Clause 11.17.1, suspend the Works
or any part thereof for such time and in such manner as may be specified by the
Authority and thereupon carry out remedial measures to secure the safety of suspended
works, the Users, other persons and vehicles on or about the Railway Project including
pedestrians. The Contractor may by notice require the Authority Engineer to inspect
such remedial measures forthwith and make a report to the Authority recommending
whether or not the suspension hereunder may be revoked. Upon receiving the
recommendations of the Authority Engineer, the Authority shall either revoke such
suspension or instruct the Contractor to carry out such other and further remedial
 Page 53 of 214

measures as may be necessary in the reasonable opinion of the Authority, and the
procedure set forth in this Clause 11.17 shall be repeated until the suspension hereunder
is revoked.
11.17.3 Subject to the provisions of Clause 19.6, all reasonable costs incurred for maintaining
and protecting the Works or part thereof during the period of suspension (the
“Preservation Costs”), shall be borne by the Contractor; provided that if the suspension
has occurred as a result of any breach of this Agreement by the Authority, the
Preservation Costs shall be borne by the Authority.

11.17.4 If suspension of Works is for reasons not attributable to the Contractor, the Authority
Engineer shall determine any Time Extension to which the Contractor is reasonably
entitled.
 Page 54 of 214

ARTICLE 12
COMPLETION CERTIFICATE

12.1 Tests on completion

12.1.1 No later than 30 (thirty) days prior to the likely completion of the Railway Project or a
part thereof, the Contractor shall prepare and submit to the Authority Engineer the
documents required for seeking approval of the Commissioner of Railway Safety in
accordance with the provisions of the Railways Opening for Public Carriage of
Passenger Rules, the Indian Railway Permanent Way Manual, the Indian Railways
Manual of A.C. Traction, Indian Railways Signal Engineering Manual, Indian Railways
Telecom Manual as the case may be, and notify the Authority Engineer of its intent to
subject the Railway Project to Tests. After ensuring and procuring that the documents
required to be submitted to the Commissioner for Railway Safety meet the requirements
of Applicable Laws, the Authority Engineer shall, in consultation with the Contractor,
determine the date and time of each of the Tests, and inform the Authority who may
designate its representative to witness the Tests. The Contractor shall provide such
assistance as the Authority Engineer may reasonably require for conducting the Tests.
For avoidance of doubts, the parties agree that in the event of the Contractor and the
Authority Engineer failing to mutually agree on the dates for conducting the Tests, the
Contractor shall fix the dates by giving not less than 10 (ten) days’ notice to the
Authority Engineer. Authority will carry out tests on completion within 30 days of
receiving request from contractor. And if Authority Engineer fails to carry out test
within 30 days, the Authority will pay damage to Contractor @ 0.02% of the payment
pending for want of test per day.

12.1.2 All Tests shall be conducted in accordance with Schedule-J at the cost and expense of
the Contractor; provided, however, that the trial running on railway track shall be
undertaken at the cost and expense of the Authority. The Authority Engineer shall
observe, monitor and review the results of the Tests to determine compliance of the
Railway Project with Specifications and Standards and if it is reasonably anticipated or
determined by the Authority Engineer during the course of any Test that the
performance of the Railway Project or Section or any part thereof, does not meet the
Specifications and Standards, it shall have the right to suspend or delay such Test and
require the Contractor to remedy and rectify any Defect or deficiency. Upon completion
of each Test, the Authority Engineer shall provide to the Contractor and the Authority
copies of all Test data including detailed Test results. For the avoidance of doubt, the
Parties expressly agree that the Authority Engineer may require the Contractor to carry
out or cause to be carried out additional Tests, in accordance with Good Industry
Practice, for determining the compliance of the Railway Project thereof with the
Specifications and Standards.
 Page 55 of 214

12.2 Provisional Certificate

12.2.1 Upon completion of Tests, the Authority Engineer shall satisfy itself that the Tests have
been successful and the Railway Project is fit for opening to traffic. A list of outstanding
items signed jointly by the Authority Engineer and the Contractor (called the “Punch
List”) shall be prepared in two parts. The part -1 showing the critical/safety items and
the part-2 showing non-critical/non-safety items. The Authority Engineer may issue a
Provisional Certificate to the Contractor and the Authority in the form set forth in
Schedule-K (the “Provisional Certificate”), provided the items figuring in the Punch
List of critical/safety items (part-1) have been fully completed/attended to. The items
figuring in the Punch List (part-2) of non-critical/non-safety should be completed by
contractor in a time frame as stipulated in Clause 12.3.

12.2.2 Upon issuance of the “Provisional Certificate”, the Authority Engineer shall
forward to the Authority (i) copies of all Test data including Test results, and (ii) the
documents submitted by the Contractor for seeking approval of the Commissioner of
Railway Safety in accordance with the provisions of the Railways Opening for Public
Carriage of Passenger Rules, the Indian Railway Permanent Way Manual/ or the
Indian Railways Manual of A.C. Traction, Indian Railways Signal Engineering
Manual, Indian Railways Telecom Manual as the case may be, for obtaining
authorization from the Commissioner for Railway Safety.

12.2.3 The Contractor shall assist the Authority during inspection and tests to be conducted
by the Commissioner of Railway Safety for determining compliance of the Railway
Projectwith Applicable Laws and the provisions of this Agreement.

12.2.4 The Defects Liability Period for the Railway Project shall commence from the date of
issue of the Provisional Certificates.

12.2.5 The Parties hereto expressly agree that the Authority Engineer may also issue a “part
Provisional Certificate” for part of the Railway Project ready for
commissioning/opening subject to the provisions of Clauses 12.1 and 12.2 applying
mutatis mutandis. The issuance of the part-provisional certificate will however not
absolve the contractor in any manner of its obligations to complete the remaining part
of Railway Project.

12.2.6 The risk of loss or damage to any Materials, Plant or Works in the Railway Project or
part thereof, as the case may be, and the care and custody thereof shall pass from the
Contractor to the Authority upon issuance of Provisional Certificate for the Railway
Project or part thereof.

12.3 Completion of Part-2 Punch List items

All items figuring in the part-2 of Punch List shall be completed by the Contractor
within 90 (ninety) days of the date of issuance of the Provisional Certificate for that
part and for any delay thereafter, other than for reasons solely attributable to the
Authority or due to Force Majeure, the Authority shall be entitled to recover Damages
from the Contractor to be calculated and paid for each day of delay until all items are
completed, at the rate of 0.2% (zero point two percent) of the cost of completing such
items as estimated by the Authority Engineer. Subject to payment of such Damages,
the Contractor shall be entitled to a further period not exceeding 120 (one hundred and
twenty) days for
 Page 56 of 214

completion of the part-2 Punch List items. For the avoidance of doubt, it is agreed that
if completion of any item in the part-2 of Punch List is delayed for reasons attributable
to the Authority or due to Force Majeure, the completion date thereof shall be
determined by the Authority Engineer in accordance with Good Industry Practice, and
such completion date shall be deemed to be the date of issue of the Provisional
Certificate for the purposes of Damages, if any, payable for such item under this
Clause 12.3.

12.4 Completion Certificate

12.4.1 Upon completion of all items in the Punch List (part-1 as well as part-2) and issuance of
authorization by the Commissioner of Railway Safety and compliance of all CRS
observations pertaining to Contractor if any, the Authority Engineer shall issue
forthwith to the Contractor and the Authority; a completion certificate substantially in
the form set forth in Schedule-K (the “Completion Certificate”) separately in respect
of each Provisional Certificate issued. For Avoidance of doubt, Completion Certificate
may also be issued for part-commissioning of Project.

12.4.2 Upon receiving the Completion Certificate, the Contractor shall remove its equipment,
materials, debris and temporary works from the Site, which are not required any more
for the Project, within a period of 15 (fifteen) days thereof, failing which the Authority
may remove or cause to be removed, such equipment, materials, debris and temporary
works and recover from the Contractor an amount equal to 120% (one hundred and
twenty per cent) of the actual cost of removal incurred by the Authority.

12.5 Rescheduling of Tests

If the Authority Engineer certifies to the Authority and the Contractor that it is unable
to issue the Completion Certificate or Provisional Certificate, as the case may be,
because of events or circumstances on account of which the Tests could not be held or
had to be suspended, the Contractor shall be entitled to re-schedule the Tests and hold
the same as soon as reasonably practicable.

12.6 Delayed authorization

In the event of delay in issuance of authorization by the Commissioner of Railway

Safety beyond a period of 60 (sixty) days from the date of completion of all
safety/critical items of punch list, the Contractor shall be entitled to interest for the
period of delay at a rate equal to 3% (three percent) above the Bank Rate on the
payment due for integrated testing and commissioning as specified in Schedule-G.
 Page 57 of 214

ARTICLE 13
CHANGE OF SCOPE

13.1 Change of Scope

13.1.1 The Authority may, notwithstanding anything to the contrary contained in this
Agreement, require the Contractor to make modifications or alterations to the Works
(“Change of Scope”) before the issue of the Completion Certificate either by giving an
instruction or by requesting the Contractor to submit a proposal for Change of Scope
involving additional cost or reduction in cost. Any such Change of Scope shall be made
and valued in accordance with the provisions of this Article 13.

13.1.2 Change of Scope shall mean:

(a) Change in specifications of any item of Works;

(b) Omission of any work from the Scope of the Project except under Clause 8.3.3;
provided that, subject to Clause 13.5, the Authority shall not omit any work under this
Clause in order to get it executed by any other entity; or

(c) Any additional work, Plant, Materials or services which are not included in the Scope
of the Project, including any associated Tests on completion of construction.
However, any unsanctioned work which is independent work as per se shall not be
considered as change of scope.

(d) Variation in the quantities of certain items (positive or negative) necessitated due to any
change(s) in the L-Section/Alignment/ESPs of the Project with respect to those attached
with this document except on account of existing ground conditions mentioned in L-
Section/Alignment/ESPs. For avoidance of doubt, it is clarified that the existing
ground conditions are to be validated by bidders before bid and hence no change on
this account is payable. (As per Amendment No.7 Dt: 01.03.24)

13.1.3 If the Contractor determines at any time that a Change of Scope will, if adopted, (i)
accelerate completion, (ii) reduce the cost to the Authority of executing, maintaining or
operating the Railway Project, (iii) improve the efficiency or value to the Authority of
the completed Railway Project, or (iv) otherwise be of benefit to the Authority, it shall
prepare a proposal with relevant details at its own cost. The Contractor shall submit such
proposal, supported with the relevant details including the amount of reduction in the
Contract Price, if any, to the Authority to consider such Change of Scope. The Authority
shall, within 15 (fifteen) days of receipt of such proposal, either accept such Change of
Scope with modifications, if any, and initiate proceedings therefor in accordance with
this Article 13 or reject the proposal and inform the Contractor of its decision. In case
Change of Scope is proposed by Authority Engineer to the contractor, the contractor
shall, within 15 (fifteen) days of receipt of such proposal, wither accept such Change of
Scope with modifications, if any, and initiate proceedings therefore in accordance with
this Article 13 or reject the proposal and inform the Authority of its decision.

For the avoidance of doubt, the Parties agree that the Contractor shall not undertake any
Change of Scope without a Change of Scope Order being issued by the Authority, save
and except any Works necessary for meeting any Emergency.
 Page 58 of 214

13.2 Procedure for Change of Scope

13.2.1 In the event of the Authority determining that a Change of Scope is necessary, it may
direct the Authority Engineer to issue to the Contractor a notice specifying in reasonable
detail the works and services contemplated thereunder (the “Change of Scope Notice”).

13.2.2 Upon receipt of a Change of Scope Notice from Authority Engineer, the Contractor
shall, with due diligence, provide to the Authority Engineer such information as is
necessary, together with preliminary documentation in support of:

(a) The impact of the Change of Scope on the Project Completion Schedule, if the works
or services are required to be carried out during the Construction Period; and
(b) The options for implementing the proposed Change of Scope and the effect, if any, each
such option would have on the costs and time thereof; including the following details:
(i) Breakup of the quantities, unit rates and cost for different items of work;
(ii) Proposed design for the Change of Scope; and
(iii) Proposed modifications, if any, to the Project Completion Schedule of the
Railway Project.
For the avoidance of doubt, the Parties expressly agree that, subject to the
provisions of Clause 13.4.2, the Contract Price shall be increased or decreased,
as the case may be, on account of Change of Scope.

13.2.3 The Contractor’s quotation of rates/costs for the Change of Scope shall be determined
on the following principles:

(A) The rate for various items to be executed through change of scope order shall be
estimated on the basis of analysis of rates (AOR) of Zonal Railway for item other than
building works and as per CPWD’s AOR for building works and by applying the
prevailing market rates of various input construction materials, labour, machinery and
T & P.

(B) In case AOR of any items is not available in Zonal Railway’s AOR then such rates
shall be determined as per prevailing market rates in accordance with Good Industry
Practice by the Authority Engineer.

13.2.4 Upon reaching an agreement, the Authority shall issue an order (the “Change of
ScopeOrder”) requiring the Contractor to proceed with the performance thereof. In the
eventthat the Parties are unable to agree, the Authority may:

(a) Issue a Change of Scope Order requiring the Contractor to proceed with the
performance thereof at the rates and conditions approved by the Authority till the matter
is resolved in accordance with Article 24; or

(b) Proceed in accordance with Clause 13.5.

13.2.5 The provisions of this Agreement, insofar as they relate to Works and Tests, shall apply
mutatis mutandis to the works undertaken by the Contractor under this Article 13.

13.3 Payment for Change of Scope

Payment for Change of Scope shall be made in accordance with the payment schedule
specifiedin the Change of Scope Order.
 Page 59 of 214

13.4 Restrictions on Change of Scope

13.4.1 No Change of Scope shall be executed unless the Authority has issued the Change of
Scope Order save and except any Works necessary for meeting any Emergency.
13.4.2 Unless the Parties mutually agree to the contrary, the total value of all Change of
ScopeOrders shall not exceed 25% (twenty five per cent) of the Contract Price
13.4.3 Notwithstanding anything to the contrary in this Article 13, no change arising from any
default of the Contractor in the performance of its obligations under this Agreement
shall be deemed to be Change of Scope, and shall not result in any adjustment of the
Contract Price or the Project Completion Schedule.

13.5 Power of the Authority to undertake works

13.5.1 In the event the Parties are unable to agree to the proposed Change of Scope Orders in
accordance with Clause 13.2, the Authority may, after giving notice to the Contractor
and considering its reply thereto, award such works or services to any person on the
basis of open competitive bidding from amongst bidders who are pre-qualified for
undertaking the additional work; provided that the Contractor shall have the option of
matching the first ranked bid in terms of the selection criteria, subject to payment of
2% (two per cent) of the bid amount to the Authority, and thereupon securing the
award of such works or services. For the avoidance of doubt, it is agreed that the
Contractor shall be entitled to exercise such option only if it has participated in the
bidding process and its bid does not exceed the first ranked bid by more than 10% (ten
percent) thereof. It is also agreed that the Contractor shall provide assistance and
cooperation to the person who undertakes the works or services hereunder, but shall
not be responsible for rectification of any Defects and/or maintenance of works carried
out by other agencies.

13.5.2 The works undertaken in accordance with this Clause 13.5 shall confirm to the
Specifications and Standards and shall be carried out in a manner that it should not
causeany disruption to the Project and also minimize adverse effect to main contractor.
The provisions of this Agreement, insofar as they relate to Works and Tests, shall
apply mutatis mutandis to the works carried out under this Clause 13.5.
 Page 60 of 214

ARTICLE 14
TRAFFIC REGULATION

14.1 Traffic regulation by the Contractor

14.1.1 The Contractor shall take all the required measures and make arrangements for the
safety of any persons and vehicles on or about the Site during the construction of the
Railway Project or a Section there of in accordance with Good Industry Practice, and
Applicable Laws. It shall provide, erect and maintain all such barricades, signs,
markings, flags, and lights as may be required by Good Industry Practice for the safety
of the traffic using any public roads or access along or across the Section under
construction.

14.1.2 All works shall be carried out in a manner creating least interference to traffic passing
along or across the Railway Project or a Section thereof. The Contractor shall ensure
that proper passage is provided for the traffic. Where it is not possible or safe to allow
traffic on the existing road or passage, a temporary diversion of proper specifications
shall be constructed by the Contractor at its own cost. The Contractor shall take prior
approval of the Authority Engineer for any proposed arrangement for traffic regulation
during Construction, which approval shall not be unreasonably withheld.

14.1.3 In the event any construction work is required to be executed in close proximity of an
existing operating system of Railways, the Contractor shall make arrangements for the
safety of such system in accordance with the provisions of the ‘Compendium of
Instructions on Safety at work Sites’ issued by the Authority and Good Industry
Practice.
 Page 61 of 214

ARTICLE 15
DEFECTS LIABILITY

15.1 Defects Liability Period

15.1.1 The Contractor shall be responsible for all the Defects and deficiencies, except usual
wear and tear in the Railway Project or any part thereof, till the expiry of a period of 2
(two) years commencing from the date of Provisional Certificate or expiry of a period
18 (eighteen) months from the date of Completion Certificate, whichever is later (the
“Defects Liability Period”).

15.2 Remedy and rectification of Defects and deficiencies

15.2.1 Without prejudice to the provisions of Clause 15.2.2, the Contractor shall repair or
rectify all Defects and deficiencies observed by the Authority Engineer during the
Defects Liability Period within a period of 15 (fifteen) days from the date of notice
issued by the Authority Engineer, or within such reasonable period as may be
determined by the Authority Engineer at the request of the Contractor, in accordance
with Good Industry Practice. For the purpose of this clause, the time period of 15 days
shall be applicable only to those Defects and Deficiencies which are not affecting train
operations of safety. For any defect noticed affecting train operation of train safety, the
Contractor shall arrange to rectify it within such reasonable period as may be
determined by the Authority Engineer. If the Contractor is not able to rectify any fault
as decided by the Authority Engineer, the Authority will be at full liberty to make its
own efforts to get such defects rectified at Contractor’s cost.

15.2.2 During a period of 2 (two) months from the date of issuance of Completion
Certificate, the Contractor shall retain sufficient staff and spares at Project for
procuring prompt replacement, installation or re-installation of any defective parts of
(a) the SCADA system; (b) traction sub-stations and switching posts and (c) EI system
/Axle Counters/ Automatic Train protection system. The spares for the purpose of this
clause, shall be separate from any spares supplied within the scope of the Project.

15.3 Cost of remedying Defects

For the avoidance of doubt, any repair or rectification undertaken in accordance with
the provisions of Clause 15.2, including any additional tests, shall be carried out by the
Contractor at its own risk and cost, to the extent that such rectification or repair is
attributable to:

(a) The design of the Project;

(b) Works, Plant, Materials or workmanship not being in accordance with this Agreement
and the Specifications and Standards;

(c) Improper maintenance during construction of the Railway Project by the Contractor; or

(d) Failure by the Contractor to comply with any other obligation under this Agreement.
 Page 62 of 214

15.4 Contractor’s failure to rectify Defects

In the event that the Contractor fails to repair or rectify such Defect or deficiency
within the period specified in Clause 15.2, the Authority shall be entitled to get the same
repaired, rectified or remedied at the Contractor’s cost so as to make the Railway
Project conform to the Specifications and Standards and the provisions of this
Agreement. All costs consequent thereon shall, after due consultation with the
Authority and the Contractor, be determined by the Authority Engineer. The cost so
determined, and an amount equal to 20% (twenty percent) of such cost as Damages,
shall be recoverable by the Authority from the Contractor and may be deducted by the
Authority from any monies due to the Contractor.
15.5 Contractor to search cause

15.5.1 The Authority Engineer may instruct the Contractor to examine the cause of any
Defectin the Works or part thereof before the expiry of the Defects Liability Period.

15.5.2 In the event any Defect identified under Clause 15.5.1 is attributable to the Contractor,
the Contractor shall rectify such Defect within the period specified by the Authority
Engineer, and shall bear the cost of the examination and rectification of such Defect.

15.5.3 In the event such Defect is not attributable to the Contractor, the Authority Engineer
shall, after due consultation with the Authority and the Contractor, determine the costs
incurred by the Contractor on such examination and notify the same to the Contractor,
with a copy to the Authority, and the Contractor shall be entitled to payment of such
costs by the Authority.

15.6. Extension of Defects Liability Period

15.6.1 The Defects Liability Period shall be deemed to be extended till the identified Defects
under Clause 15.2 have been remedied.

15.6.2 Any Materials or Works with Defects identified under Clause 15.2 and replaced or
repaired during the Defects Liability Period or the extended Defects Liability Period, as
the case may be, would be further warranted for a period of twelve (12) months from
the date of completion of such repair or replacement.

15.6.3 The Contractor shall upon termination or expiry of this Agreement or upon expiry of
the Defects Liability Period, assign any outstanding benefit in respect of any
subcontract or any warranty, to the Authority or to such other person as the Authority
may direct.
 Page 63 of 214

ARTICLE 16
AUTHORITY ENGINEER

16.1 Appointment of the Authority Engineer

16.1.1 The Authority shall appoint a Railway engineer / Project Management Services (PMS)
Agency, to be the engineer under this Agreement (the “Authority Engineer”).

16.1.2 The appointment of the Authority Engineer shall be made no later than 30 (Thirty) days
from the date of this Agreement. The Authority shall notify the appointment or
replacement of the Authority Engineer to the Contractor.

16.1.3 The staff of the Authority Engineer shall include suitably qualified engineers and other
professionals who are competent to assist the Authority Engineer to carry out its duties.

16.2 Duties and functions of the Authority Engineer

16.2.1 The Authority Engineer shall perform its duties and discharge its functions in
accordancewith the provisions of this Agreement, and substantially in accordance with
the duties and responsibilities set forth in Annex-1 of Schedule-L, but subject to
obtaining prior written approval of the Authority before determining:

(a) Any Time Extension;

(b) Any additional cost to be paid by the Authority to the Contractor;

(c) The Termination Payment;

(d) Providing Power Block or Traffic Block or necessary disconnections to the Contractor;

(e) Approval of signalling & interlocking plan and route control chart; and alterations in
ESP if essentially required;

(f) Approval of disconnections for modification of signalling and telecom works, or

(g) Any other matter which is not specified in (a) to (f) above and which creates an
obligation or liability on either Party for a sum exceeding Rs.50,00,000 (Rupees fifty
lakh).

16.2.2 No decision or communication of the Authority Engineer shall be effective or valid

unless it is accompanied by an attested true copy of the approval of the Authority for
and in respect of any matter specified in Clause [Link] Authority Engineer shall
submit regular periodic reports, at least once every month, to the Authority in respect of
its duties and functions assigned to him for the project. Such reports shall be submitted
by the Authority Engineer within 10 (ten) days of the beginning of every month.

16.2.3 A true copy of all communications sent by the Authority to the Authority Engineer and
by the Authority Engineer to the Authority shall be sent forthwith by the Authority
Engineer to the Contractor.
 Page 64 of 214

16.2.4 A true copy of all communications sent by the Authority Engineer to the Contractor
and by the Contractor to the Authority Engineer shall be sent forthwith by the
Authority Engineer to the Authority.

16.3 Authorized signatories

The Authority Engineer will designate and notify to the Contractor up to 2 (two)
persons under him to sign for and on behalf of the Authority Engineer, and any
communication or document required to be signed by the Authority Engineer shall be
valid and effective only if signed by any of the designated persons; provided that the
Authority Engineer may, by notice in writing, substitute any of the designated persons
by any of its employees.

16.4 Instructions of the Authority Engineer

16.4.1 The Authority Engineer may issue to the Contractor instructions for remedying any
Defect. The Contractor shall take such instructions from the Authority Engineer only.

16.4.2 The instructions issued by the Authority Engineer shall be in writing. However, if the
Authority Engineer issues any oral instructions to the Contractor, it shall confirm in
writing the oral instructions within 2 (two) working days of issuing them.

16.4.3 In case the Contractor does not receive the confirmation of the oral instructions within
the time specified in Clause 16.4.2, the Contractor shall seek the written confirmation
of the oral instructions from the Authority Engineer and shall obtain acknowledgement
from the Authority Engineer of the communication seeking written confirmation. In
case of failure of the Authority Engineer to reply to the Contractor within 2 (two) days
of the receipt of the communication from the Contractor, the Contractor may not carry
out the instruction.

16.5 Determination by the Authority Engineer

16.5.1 The Authority Engineer shall consult with each Party in an endeavor to reach
agreementwherever this Agreement provides for the determination of any matter by the
Authority Engineer. If such agreement is not achieved, the Authority Engineer shall
make a fair determination in accordance with this Agreement having due regard to all
relevant circumstances. The Authority Engineer shall give notice to both the Parties of
each suchagreement or determination, with supporting particulars.
16.5.2 Each Party shall give effect to each agreement or determination made by the Authority
Engineer in accordance with the provisions of this Agreement. Provided, however, that
if any Party disputes any instruction, decision, direction or determination of the
Authority Engineer, the Dispute shall be resolved in accordance with the Dispute
Resolution Procedure as per article 24.

16.6 Remuneration of the Authority Engineer

The remuneration, cost and expenses of the Authority Engineer shall be borne by the
Authority.
 Page 65 of 214

16.7 Replacement of the Authority Engineer

16.7.1 The Authority may, in its discretion, replace the Authority Engineer at any time, but
only upon appointment of another Authority Engineer in accordance with Clause 16.1.

16.7.2 If the Contractor has reasons to believe that the Authority Engineer is not discharging
its duties and functions in accordance with the provisions of this Agreement, it may
make a written representation to the Authority and seek replacement of the Authority
Engineer. Upon receipt of such representation, the Authority shall hold a tripartite
meeting with the Contractor and Authority Engineer and make best efforts for an
amicable resolution of the Dispute. After due consideration, The Authority will decide
about the replacement of Authority Engineer or otherwise. However, if Contractor is
not satisfied with decision of Authority, the Dispute shall be resolved in accordance
with Depute Resolution Procedure as per article [Link] the event that the Authority
Engineer is to be replaced, the Authority shall appoint forthwith another Authority
Engineer in accordance with Clause 16.1.

16.8 Interim Arrangement

In the event that the Authority has not appointed an Authority Engineer, or the
Authority Engineer so appointed has relinquished its functions, the Authority may, in
the interim, designate and authorize any person to discharge the functions of the
Authority Engineer in accordance with the provisions of this Agreement, save and
except that such person shall not exercise any functions relating to review, comment,
approval or inspection as specified in this Agreement for and in respect of the
Authority Engineer, and such functions shall be discharged as and when an Authority
Engineer is appointed in accordance with the provisions of this Agreement. Provided,
however, that nothing contained in this Clause 16.8 shall in any manner restrict the
rights of the Authority toenforce compliance of the provisions of this Agreement.
 Page 66 of 214

Part IV

Financial Covenants
 Page 67 of 214

ARTICLE 17
PAYMENTS

17.1 Contract Price

17.1.1 The Authority shall make payments to the Contractor for the Works on the basis of the
lump sum price accepted by the Authority in consideration of the obligations specified
in this Agreement for an amount of Rs.161.13 Crores (One Hundred Sixty One crores
Thirteen lakhs the “Contract Price”), which shall be subject to adjustments in
accordance with the provisions of this Agreement. The Parties further agree that save
and except as provided in this Agreement, the Contract Price shall be valid and
effective until issue ofCompletion Certificate.

17.1.2 The Contract Price includes all duties, taxes, royalty, and fees that may be levied in
accordance with the laws and regulations in force as on the Base month on the
Contractor’s equipment, Plant, Materials and supplies acquired for the purpose of this
Agreement and on the on the Works undertaken under this Agreement. Nothing in this
Agreement shall relieve the Contractor from its responsibility to pay any tax including
any tax that may be levied in India on profits made by it in respect of this Agreement.

17.1.3 The Contract Price shall not be adjusted for any change in duties, taxes etc. specified
inClause 17.1.2 above, save and except as specified in Clauses 17.8 and 17.13.

17.1.4 The Contract Price shall not be adjusted to take account of any unforeseen difficulties
orcosts, unless otherwise provided for in this Agreement.

17.1.5 Unless otherwise specified in this Agreement, the Contract Price covers all the
Contractor’s obligations for the Works under this Agreement and all things necessary
for the Construction thereof and for the rectification of any Defects in the Railway
Project.

17.1.6 All payments under this Agreement shall be made in Indian Rupees.

17.2 Advance Payment

17.2.1 Upon receiving request from Contractor, the Authority shall make an advance
payment (the “Advance Payment”), upto 10% (ten percent) of the Contract Price, for
mobilization expenses and for acquisition of equipment, which shall carry simple
interest at the rate of Bank Rate plus 4% per annum and shall be made in two
installments of upto maximum 5% (five per cent) of the contract price each.

17.2.2 The Contractor may apply to the Authority for the first instalment of the Advance
Payment at any time after the Appointed Date, along with an irrevocable and
unconditional guarantee from a Bank for an amount equivalent to 110% (one hundred
and ten per cent) of such instalment, substantially in the form provided at Annex-III of
Schedule-F, to remain effective till the complete and fullrepayment thereof.

17.2.3 At any time, after 60 (sixty) days from the Appointed Date, the Contractor may apply
to the Authority for the second instalment of the Advance Payment along with an
irrevocable and unconditional guarantee from a Bank for an amount equivalent to 110%
(one hundred and ten per cent) of such instalment, substantially in the form provided
at Annex-III of Schedule-F, to remain effective till the complete and full repayment
thereofalong with proof of utilization of 1st installment.
 Page 68 of 214

17.2.4 The instalments of Advance Payment shall generally be paid by the Authority to the
Contractor within 15 (fifteen) days of the receipt of its respective requests in accordance
with the provisions of this Clause 17.2.

17.2.5 The Advance Payment shall be recovered through proportionate deductions to be made
in the Interim Payments Certificates issued in accordance with the provisions of Clause
17.5.2. Deductions of Advance Payment shall commence from the Interim Payment
Certificate in which the cumulative interim payments certified shall have reached 50%
(fifty percent) of the Contract Price. The total amount recovered in each Interim
Payment Certificate shall be equal to 30% (thirty per cent) of the amount of interim
payment due and payable under such Interim Payment Certificate, and interest on the
amount being recovered to be calculated from the date of disbursement of the Advance
Payment to the date of recovery until the entire Advance Payment together with
interest is recovered. For the avoidance of doubt, the Parties agree that in the event the
total payment specified in any Interim Payment Certificate exceeds the limit of 50%
(fifty per cent) of the Contract Price, the proportionate of recovery hereunder shall be
restricted to the amount exceeding 50% (fifty per cent) of the Contract Price. By way
of illustration, the Parties agree that if the first recovery of say, Rupees ‘x’ is made after
20 (twenty) months from the date of 1st (first) instalment of the Advance Payment, the
interest will be recovered on Rupees ‘x’ for a period of 20 (twenty) months; and when
the next recovery is made in the following month for say, Rupees ‘y’, interest on
Rupees ‘y’ will be computed for a period of 21 (twenty one) months. The Parties
further agree that no payments in excess of 90% (ninety per cent) of the Contract Price
shall be released until the Advance Payment, including interest thereon, has been fully
recovered.

17.2.6 If the Advance Payment has not been fully repaid prior to Termination under Clause
19.7 or Article 21, as the case may be, the whole of the balance then outstanding shall
immediately become due and payable by the Contractor to the Authority. In the event
of Termination due to Contractor’s Default, the Advance Payment shall be deemed to
carry interest at an annual rate of 4% (four per cent) above the Bank Rate from the
date of Advance Payment to the date of recovery by encashment of bank guarantee for
the Advance Payment. For the avoidance of doubt, the aforesaid interest shall be
payable on each instalment of the Advance Payment, regardless of whether the
instalment or anypart thereof has been repaid to the Authority prior to Termination.
17.3 Procedure for estimating the payment for the Works

17.3.1 The Authority shall make interim payments to the Contractor, as certified by the
Authority Engineer on completion of a Stage, for a length, number or area as
specified,and valued in accordance with the proportion of the Contract Price assigned to
each itemand its stage and payment procedure in Schedule-G.

17.3.2 The Contractor shall base its claim for interim payment for the stages completed till
the end of the month for which the payment is claimed, valued in accordance with
Clause 17.3.1, supported with necessary particulars and documents in accordance with
this Agreement.
 Page 69 of 214

17.3.3 Any reduction in the Contract Price arising out of Change of Scope or the Works
withdrawn under Clause 8.3, as the case may be, shall not affect the amounts payable
for the items or stage payments thereof which are not affected by such Change of Scope
or withdrawal. For the avoidance of doubt and by way of illustration, the Parties agree
that if the amount assigned to Important Bridges and/or Major Bridges is reduced from
Rs.100 crore to Rs. 80 crore owing to Change of Scope or withdrawal of Works, as the
case may be, the reduction in payment shall be restricted to the relevant payments for
Important Bridges and/or Major Bridges and the payment due in respect of all other
stage payments under the item Important Bridges and/or Major Bridges shall not be
affected in any manner. The Parties further agree that the adjustments arising out of
the aforesaid modifications shall be carried out in a manner that the impact of such
modifications is restricted to the said Change of Scope or withdrawal, as the case may
be, and does not alter the payments due for and in respect of items or stage payments
which do not form part of such Change of Scope or withdrawal.

17.4 Stage Payment Statement for Works

The Contractor shall submit a statement (the “Stage Payment Statement”), in 3

copies, by the 7th (seventh) day of a month to the Authority Engineer in the form set
forth in Schedule-M, showing the amount calculated in accordance with Clause 17.3 to
which the Contractor considers itself entitled for the completed stage(s) of Works. The
Stage Payment Statement shall be accompanied with the progress reports and any
other supporting documents. The Contractor shall not submit any claim for payment of
incomplete stages of work. In the event that there is no claim for a month in
accordance with the provisions of this Clause 17.4, the Contractor shall submit a nil
claim to the Authority Engineer.

17.5 Stage Payment for Works

17.5.1 Within 10 (ten) days of receipt of the Stage Payment Statement from the Contractor
pursuant to Clause 17.4, the Authority Engineer shall broadly determine the amount
due to the Contractor and recommend the release of 80 (eighty) percent of the amount
so determined as part payment against the Stage Payment Statement, pending issue of
the Interim Payment Certificate (IPC) by the Authority Engineer. Within 5 (five) days
of the receipt of recommendation of the Authority Engineer as above, the Authority
shall make electronic payment directly to the Contractor’s bank account.

17.5.2 Within 20 (twenty) days of the receipt of the Stage Payment Statement referred to in
Clause 17.4, the Authority Engineer shall determine and shall deliver to the Authority
and the Contractor an IPC certifying the amount due and payable to the Contractor, after
adjusting the payments already released to the Contractor against the said statement. For
the avoidance of doubt, the Parties agree that the IPC shall specify all the amounts that
have been deducted from the Stage Payment Statement and the reasons therefor.

17.5.3 In cases where there is a difference of opinion as to the value of any stage, the opinion
of the Authority Engineer shall prevail and interim payments shall be made to the
Contractor on this basis; provided that the foregoing shall be without prejudice to the
Contractor’s right to raise a Dispute.
17.5.4 The Authority Engineer may, for reasons to be recorded, withhold from payment:
(a) The estimated value of work or obligation that the Contractor has failed to perform in
accordance with this Agreement and in respect of which the Authority Engineer had
notified the Contractor; and
(b) The estimated cost of rectification of any Works which have not been constructed in
 Page 70 of 214

accordance with this Agreement.

17.5.5 Payment by the Authority shall not be deemed to indicate the Authority acceptance,
approval, consent or satisfaction with the work done.

17.5.6 In the event the amounts released by the Authority under Clause 17.5.1 exceed the
amount finally determined by the Authority Engineer pursuant to Clauses 17.5.2 to
17.5.4, the difference thereof shall be accounted for in the next IPC.

17.6 Payment of Damages

17.6.1 The Contractor as well as the Authority may claim Damages due and payable to it in
accordance with the provisions of this Agreement.

17.6.2 The Authority Engineer shall verify and check the claim and issue the IPC within 20
(twenty) days of the receipt of the claim under Clause 17.6.1, after making
adjustments in accordance with the provisions of this Agreement. The Authority shall
pay to the Contractor the amount due under such IPC within a period of 30 (thirty)
days from the date of the submission of the claim under this Clause 17.6. In the event
of the failure of the Authority to make payment to the Contractor within the specified
time, the Authority shall be liable to pay to the Contractor interest thereon and the
provisions of Clause 17.7 shall apply mutatis mutandis thereto.
17.7 Time of payment and interest

17.7.1 The Authority shall pay to the Contractor any amount due under any payment
certificate issued by the Authority Engineer in accordance with the provisions of this
Article 17, or in accordance with any other clause of this Agreement as follows:

(a) Payment shall be made no later than 30 (thirty) days from the date of submission of
the Stage Payment Statement by the Contractor to the Authority Engineer for
certification in accordance with the provisions of Clause 17.4 for an IPC; provided,
however, that in the event the IPC is not issued by the Authority Engineer within the
aforesaid period of 30 (thirty) days, the Authority shall pay the amount shown in the
Contractor’s Stage Payment Statement and any discrepancy therein shall be adjusted in
the next payment certificate; and

(b) Payment shall be made no later than 30 (thirty) days from the date of submission of the
Final Payment Certificate for Works along with the discharge submitted to the Authority
Engineer for certification in accordance with the provisions of Clause 17.12.
17.7.2 In the event of failure of the Authority to make payment to the Contractor
within the time period specified in this Clause 17.7, the Authority shall be liable to pay
to the Contractor interest at a rate equal to the Bank Rate plus 3%, calculated at
quarterly rests, on all sums remaining unpaid from the date by which the same should
have been paid, calculated in accordance with the provisions of Clause 17.7.1 (a) and
(b) and till the date of actual payment.

17.8 Price adjustment for Works

17.8.1 The amounts payable to the Contractor for Works shall be adjusted in accordance with
the provisions of this Clause 17.8.
17.8.2 Subject to the provisions of Clause 17.8.3, the amounts payable to the Contractor for
Works shall be adjusted in the IPC issued by the Authority Engineer for the increase
or decrease in the index cost of inputs for the works, by the addition or subtraction of
the amounts determined by the formulae specified in Clause 17.8.4.
 Page 71 of 214

17.8.3 To the extent that any compensation or reimbursement for increase or decrease in costs
to the Contractor is not covered by the provisions of this or other Clauses in this
Agreement, the costs and prices payable under this Agreement shall be deemed to
include the amounts required to cover the contingency of such other increase or decrease
of costs and prices.

17.8.4 The Contract Price shall be adjusted for increase or decrease in rates and prices of labour,
Materials, fuel and lubricants, equipment, Machinery, Plant and other Materials or
inputs in accordance with the principles, procedures and formulae specified below:

(a) Price adjustment shall be applied on completion of the specified stage of the respective
item of work in accordance with Schedule-G. The 1st Quarter will start from Bid Due
date month;

(b) Adjustment for each item of work/stage shall be made separately;

(c) The following expressions and meanings are assigned to the value of the work done for
civil and track work:

EW = Value of work done for the completion of a stage under the item earthwork;

BRIMP = Value of work done for the completion of a stage under the item Important
Bridges;

BR = Value of work done for the completion of a stage under the items Major Bridges,
Minor Bridges, RCC box/pipe culverts, Flyovers, RUB, and ROB in accordance with
Schedule-G;

TRK = Value of work done for the completion of a stage under the item Track

Works; TUNL = Value of work done for the completion of a stage under the items

Tunnel;

OEW = Value of work done for the completion of a stage under the item Other
Engineering Works;

INVCIV = Value of work done for under the item inventory;

INTGTESTCIV = Value of work done for the item integrated testing and
commissioning of the Railway Project.

(d) Price adjustment for change in costs of civil and track work shall be paid in accordance with
the following formula:

(i) VEW= 0.85 EW x [PLB x (LBi – LBo)/LBo + PC x (Ci – Co)/Co + PF x (Fi –Fo)/Fo +
PMACH x (MACHi – MACHo)/MACHo + POTH x (OTHi - OTHo)/OTHo];

(ii) VBRIMP = 0.85 BRIMP x [PLB x (LBi – LBo)/LBo + PC x (Ci – Co)/Co + PS x (Si –
So)/So + PF x (Fi –Fo)/Fo + PMACH x (MACHi – MACHo)/MACHo + POTH x (OTHi
- OTHo)/OTHo];

(iii) VBR = 0.85 BR x [PLB x (LBi – LBo)/LBo + PC x (Ci – Co)/Co + PS x (Si – So)/So +
PF x (Fi – Fo)/Fo + PMACH x (MACHi – MACHo)/MACHo + POTH x (OTHi -
 Page 72 of 214

OTHo)/OTHo];
(iv) VTRK = 0.85 TRK x [PLB x (LBi – LBo)/LBo + PC x (Ci – Co)/Co + PS x(Si – So)/So
+ PF x (Fi –Fo)/Fo + PMACH x (MACHi – MACHo)/MACHo + POTH x (OTHi –
OTHo)/OTHo + PR x (Ri - Ro)/Ro];

(v) VTUNL = 0.85 TUNL x [PLB x (LBi – LBo)/LBo + PC x (Ci

– Co)/Co + PS x (Si – So)/So + PF x (Fi – Fo)/Fo + PMACH x (MACHi –
MACHo)/MACHo + POTH x (OTHi - OTHo)/OTHo + PXLP x (XLPi –
XLPo)/XLPo];

(vi) VOEW = 0.85 OEW x [PLB x (LBi – LBo)/LBo + PC x (Ci – Co)/Co + PS x(Si –
So)/So + PF x (Fi – Fo)/Fo + PMACH x ((MACHi – MACHo)/MACHo + POTH x
(OTHi - OTHo)/OTHo];

(vii) VINVCIV = 0.85 INVCIV x [PR x (Ri – Ro)/Ro + POTH x (OTHi - OTHo)/OTHo];
and

(viii) VINTGTESTCIV = 0.85 INTGTESTCIV x [PLB x (LBi – LBo)/LBo = POTH x (OTHi

- OTHo)/OTHo];

Where
VEW = Increase or decrease in the cost of earthwork during the period under
consideration due to changes in the rates for relevant components as specifiedin sub-
paragraph (e);

VBRIMP = Increase or decrease in the cost of Important Bridges during the period
under consideration due to changes in the rates for relevant components as specified in
sub-paragraph (e);

VBR = Increase or decrease in the cost of Major Bridges, Minor Bridges, Flyovers,
RCC box/pipe culverts ROB/RUB) during the period under consideration due to
changes in the rates for relevant components as specified in sub-paragraph (e);

VTRK = Increase or decrease in the cost of track works during the period under
consideration due to changes in the rates for relevant components as specified in sub-
paragraph (e);

VTUNL = Increase or decrease in the cost of tunnels during the period under
consideration due to changes in the rates for relevant components as specified in sub-
paragraph (e);

VOEW = Increase or decrease in the cost of Other Engineering Works during the period
under consideration due to changes in the rates for relevant components as specified in
sub-paragraph (e);

VINVCIV = Increase or decrease in the cost of inventory during the period under
consideration due to changes in the rates for relevant components as specified in sub-
paragraph (e);
VINTGTESTCIV = Increase or decrease in the cost of integrated testing and
commissioning during the period under consideration due to changes in the rates for
relevant components as specified in sub-paragraph (e);

PC, PF, PLB, PMACH, POTH, PR, PS and PXLP are the percentages of cement, fuel
 Page 73 of 214

and lubricants, labour, Plant Machinery and tools, other materials, rails, steel/
components (including strands and steel cables), and explosives respectively for the
relevant item as specified in sub-paragraph (e);

Co = The wholesale price index as published by the Ministry of Commerce and

Industry, Government of India (hereinafter called “WPI”) for sub-group Cement, Lime
& Plaster for the month of the Base Month;

Ci = The WPI for sub-group Cement, Lime & Plaster for the average price index of the
3 months of the quarter under consideration;

Fo = The wholesale price index as published by the Ministry of Commerce and

Industry, Government of India (hereinafter called “WPI”) for group Fuel & Power for
the month of the Base Month

Fi = The WPI for group Fuel & Power for the average price index of the 3 months of
the quarter under consideration

LBo = The consumer price index for industrial workers – All India, published by
Labour Bureau, Ministry of Labour, Government of India, (hereinafter called “CPI”)
for the month of the Base Month;

LBi = The CPI for industrial workers – All India for the average price index of the 3
months of the quarter under consideration;

MACHo = The wholesale price index as published by the Ministry of Commerce and
Industry, Government of India (hereinafter called “WPI”) for category- k
“Manufacturing of Machinery for Mining, quarrying and construction’ under (R)
Manufacturing of Machinery and Equipment for the month of the Base Month;

MACHi = The WPI for category- k “Manufacturing of Machinery for Mining,

quarrying and construction’ under (R) Manufacturing of Machinery and Equipment for
the average price index of the 3 months of the quarter under consideration;

OTHo = The wholesale price index as published by the Ministry of Commerce and
Industry, Government of India (hereinafter called “WPI”) for all commodities for the
month of the Base Month;

OTHi = The WPI for all commodities for the average price index of the 3 months of
the quarter under consideration;

Ro = The Price for Rails (60kg) published by the Bhilai Plant of the Steel Authority of
India for the month of the Base Month;
Ri = The Price for Rails (60kg) published by the Bhilai Plant of the Steel Authority of
India for the month which is three months prior to the month to which the IPC relates;

So = Rate provided by the Joint Plant Committee for the relevant category of steel item
as mentioned in clause 17.8.4(A) as published for the month of Base Month;
Si = Average rate provided by the joint plant committee for the relevant category of steel
item as mentioned in clause 17.8.4A as published for the 3 months of the quarter
under consideration.

XLPo = The wholesale price index as published by the Ministry of Commerce and
Industry, Government of India (hereinafter called “WPI”) for explosives for the month of
 Page 74 of 214

the Base Month; and

XLPi = The WPI for explosives for the average price index of the 3 months of the quarter
under consideration.

17.8.4 (A): 17.8.4-A(1) – Relevent categories of steel for the purpose of operating price
variation formula as mentioned in this clause shall be as under:

[Link]: Classification Rates to be used for calculating S0 or

Si
1. Reinforcement bars and Average of per tonne rates of 10mm
other rounds dia TMT & 25mm dia TMT
confirming to IS1786: Fe 500
2. All Types and sizes of Average of per tonne rates of Angle
angles, channels and Joists 75x75x6mm, mild steel plate 10mm
thickness and channel150x75mm
confirming to IS2062, E250 Gr”A”
3. All types of sizes of plates Average of per tonne rates of MS
plates 10mm thickness and 25mm
thickness confirming IS2062 E250
Gr”A”
4. Any other section of steel Average of price for the 3 Categories
not covered in the above covered under Sl 1,2&3 in this table.
categories

17.8.4-A(2) – Relevent city for referring “JPC (Join Plant Committee)” rates of steel items(Si/So) in
different zonal railways shall be as under :

[Link] City Railway

1 Delhi Northern, North Central, North Eastern,
North Western.
2 Kolkatta Eastern, East central, East coast, Northeast
frontier, south eastern, south east central
3 Mumbai Central, Western, West central
4 Chennai Southern, South Central and South Western

(e) The following percentages shall govern the price adjustment of the Contract Price:
 Page 75 of 214

(I). For Civil Engineering Works:

Component Major Integrated

Bridges/ testing and

Other engineering works

Important Bridges
flyovers/ commissioning

Track works

Inventory
Earthwork
Minor

Tunnels
Bridges,
CC
box/pipe
culverts,
ROB/RUB
(1) (2) (3) (4) (5) (6) (7) (8)
Cement (PC) 0 % 12% - - - - - -
Explosives - - - - - - - -
(PXLP)
Fuel and 30 % 10 - - - - - -
lubricants (PF) %
Labour (PLB) 10 % 13% - - - - - -
Machinery 60 % 15% - - - - - -
and Plants
(PMACH)
Other - - - - - - - -
Materials
(POTH)
Rail (PR) - - - - - - - -
Steel 0% 50% - - - - - -
(PS)
Total 100 % 100 - - - - - -
%

17.9 Restrictions on price adjustment

Price adjustment shall be due and payable only in respect of the stages of Works for which the
Stage Payment Statement has been submitted by the Contractor no later than 30 (thirty) days
from the date of the applicable Project Milestone or the Scheduled Completion Date, as the case
may be, including any Time Extension granted therefor in accordance with the provisions of
this Agreement. For the avoidance of doubt, in the event of submission of any Stage Payment
Statement after the period specified herein, price adjustment shall be applicable only until the
date of the respective Project Milestone or the Scheduled Completion Date, as the case may be.

17.10 Final Payment Statement

17.10.1 Within 60 (sixty) days of receiving the Completion Certificate under Clause 12.4, the
Contractor shall submit to the Authority Engineer six copies of a final payment
statement (the “Final Payment Statement”), with supporting documents, in the form
prescribed by the Authority Engineer:

(a) the summary of Contractor’s Stage Payment Statements for Works as submitted in
accordance with Clause 17.4;

(b) the amounts received from the Authority against each claim; and
 Page 76 of 214

(c) any further sums which the Contractor considers due to it from the Authority.

If the Authority Engineer disagrees with or cannot verify any part of the Final Payment
Statement, the Contractor shall submit such further information as the Authority
Engineer may reasonably require. The Authority Engineer shall deliver to the Authority:

(i) an IPC for those parts of the Final Payment Statement which are not in dispute, along
with a list of disputed items which shall then be settled in accordance with the provisions
of Article 24; or

(ii) a Final Payment Certificate in accordance with Clause 17.15, if there are no disputed
items.

17.10.2 If the Authority Engineer does not prescribe the form referred to in Clause 17.10.1
within 7 (Seven) days of the date of issue of the Completion Certificate, the Contractor
shall submit the statement in such form as it deems fit.

17.11 Discharge

Upon submission of the Final Payment Statement under Clause 17.10, the Contractor shall give
to the Authority, with a copy to the Authority Engineer, a written discharge confirming that the
total of the Final Payment Statement represents full and final settlement of all monies due to
the Contractor in respect of this Agreement for all the Works arising out of this Agreement,
except for any monies due to either Party on account of any Defect. Provided that such
discharge shall become effective only after the payment due has been made in accordance with
the Final Payment Certificate issued pursuant to Clause 17.12.

17.12 Final Payment Certificate

17.12.1Within 30 (thirty) days after receipt of the Final Payment Statement under Clause 17.10,
and the written discharge under Clause 17.11, and there being no disputed items of
claim, the Authority Engineer shall deliver to the Authority, with a copy to the
Contractor, a final payment certificate (the “Final Payment Certificate”) stating the
amount which, in the opinion of the Authority Engineer, is finally due under this
Agreement or otherwise. For the avoidance of doubt, before issuing the Final Payment
Certificate, the Authority Engineer shall ascertain from the Authority all amounts
previously paid by the Authority, all sums due to the Authority, and the balance, if any,
due from the Authority to the Contractor or from the Contractor to the Authority, as the
case may be.

17.12.2The Authority shall, in accordance with the provisions of Clause 17.7, pay to the
Contractor the amount which is specified as being finally due in the Final Payment
Certificate.

17.13 Change in law

17.13.1If as a result of Change in Law, the Contractor suffers any additional costs in the
execution of the Works or in relation to the performance of its other obligations under
this Agreement, the Contractor shall, within 15 (fifteen) days from the date it becomes
reasonably aware of such addition in costs, notify the Authority with a copy to the
Authority Engineer of such additional costs due to Change in Law.

17.13.2 If as a result of Change in Law, the Contractor benefits from any reduction in costs for
the execution of this Agreement or in accordance with the provisions of this Agreement,
 Page 77 of 214

either Party shall, within 15 (fifteen) days from the date it becomes reasonably aware of
such reduction in costs, notify the other Party with a copy to the Authority Engineer of
such reduction in costs due to Change in Law.

17.13.3 The Authority Engineer shall, within15 (fifteen) days from the date of receipt of notice
from the Contractor or the Authority, as the case may be, determine any addition or
reduction to the Contract Price, as the case may be, due to the Change in Law.
17.14 Correction of Interim Payment Certificates

The Authority Engineer may by an Interim Payment Certificate make any correction or
modification in any previous Interim Payment Certificate issued by the Authority Engineer.

17.15 Authority’s claims

If the Authority considers itself to be entitled to any payment from the Contractor under any
Clause of this Agreement, it shall give notice and particulars to the Contractor 20 (twenty) days
before making the recovery from any amount due to the Contractor, and shall take into
consideration the representation, if any, made by the Contractor in this behalf, before making
such recovery.

17.16 Bonus for early completion

In the event that the Project Completion Date occurs prior to the Scheduled Completion Date,
the Contractor shall be entitled to receive a payment of bonus equivalent to 0.03% (zero point
zero three per cent) of the Contract Price for each day by which the Project Completion Date
precedes the Scheduled Completion Date, but subject to a maximum of 5% (five per cent) of
the Contract Price. Provided, however, that the payment of bonus, if any, shall be made only
after the issue of the Completion Certificate. For the avoidance of doubt, the Parties agree that
for the purpose of determining the bonus payable hereunder, the Contract Price shall always be
deemed to be the amount specified in Clause 17.1.1, and shall exclude any revision thereof for
any reason.
 Page 78 of 214

ARTICLE 18
INSURANCE

18.1 Insurance for Works

18.1.1 The Contractor shall effect and maintain at its own cost the insurances specified in
Schedule-N and as per the requirements of Applicable Laws.

18.1.2 Subject to the provisions of Clause 19.6, the Contractor shall, in accordance with the
provisions of this Agreement, be liable to bear the cost of any loss or damage that does
not fall within the scope of this Article 18 or cannot be recovered from the insurers.

18.1.3 Subject to the exceptions specified in Clause 18.1.4 below, the Contractor shall fully
indemnify, hold harmless and defend the Authority from and against any and all losses,
damages, costs, charges and/or claims with respect to:

(a) The death of or injury to any person; or

(b) The loss of or damage to any property;

that may arise out of or in consequence of any breach by the Contractor of this
Agreement during the execution of the Works or the remedying of any Defects therein.

18.1.4 Notwithstanding anything stated above in Clause 18.1.3, the Authority shall fully
indemnify the Contractor from and against any and all losses, damages, costs, charges,
proceedings and/or claims arising out of or with respect to

(a) The use or occupation of land or any part thereof by the Authority;

(b) The damage to property which is the unavoidable result of the execution and completion
of the Works, or the remedying of any Defects therein, in accordance with this
Agreement; and

(c) The death of or injury to persons or loss of or damage to property resulting from any act
or neglect of the Authority, its agents, servants or other contractors, not being employed
by the Contractor.

Provided, that in the event of any injury or damage as a result of the contributory
negligence of the Contractor, the Authority shall be liable to indemnify the Contractor
from and against any and all losses, damages, costs, charges, proceedings and/or claims
to the extent proportionate to the liability of the Authority, its servants or agents or other
contractors not associated with the Contractor in such injury or damage. Without
prejudice to the obligations of the parties as specified under Clauses 18.1.3 and 18.1.4,
the Contractor shall maintain or effect such third party insurances as may be required
under Applicable Laws.
 Page 79 of 214

18.1.5 The Contractor shall provide to the Authority, within 30 days of the Appointed Date,
evidence of professional liability insurance maintained by its Design Director and/or
consultants to cover the risk of professional negligence in the design of Works. The
professional liability cover shall be for a sum of not less than [3% (three per cent)] of the
Contract Price and shall be maintained until the end of the Defects Liability Period.

18.2 Notice to the Authority

No later than 15 (fifteen) days after the date of this Agreement, the Contractor shall by
notice furnish to the Authority, in reasonable detail, information in respect of the
insurances that it proposes to effect and maintain in accordance with this Article 18.
Within 15 (fifteen) days of receipt of such notice, the Authority may require the
Contractor to effect and maintain such other insurances as may be necessary pursuant
hereto, and in the event of any difference or disagreement relating to any such
insurance, the Dispute Resolution Procedure shall apply.

18.3 Evidence of Insurance Cover

18.3.1 All insurances obtained by the Contractor in accordance with this Article 18 shall be
maintained with insurers on terms consistent with Good Industry Practice. Within
10(ten) days of obtaining any insurance cover, the Contractor shall furnish to the
Authority notarized true copies of the certificate(s) of insurance, copies of insurance
policies and premia payment receipts in respect of such insurance, and no such
insurance shall be cancelled, modified, or allowed to expire or lapse until the
expiration of at least 45 (forty-five) days after notice of such proposed cancellation,
modification or non-renewal has been delivered by the Contractor to the Authority. The
Contractor shall act in accordance with the directions of the Authority.

18.3.2 The Contractor shall procure and ensure the adequacy of the insurances at all times in
accordance with the provisions of this Agreement.

18.4 Remedy for failure to insure

If the Contractor shall fail to effect and keep in force all insurances for which it is
responsible pursuant hereto, the Authority shall have the option to either keep in force
any such insurances, and pay such premia and recover the costs thereof from the
Contractor, or in the event of computation of a Termination Payment, treat an amount
equal to the Insurance Cover as deemed to have been received by the Contractor.
If either the Contractor or the Authority fails to comply with any condition of the the
insurances effected under the contract, the Party so failing to comply shall indemnify
the other Party against all direct losses and claims (including legal fees and expenses)
arising from such failure.

18.5 Waiver of subrogation

All insurance policies in respect of the insurance obtained by the Contractor pursuant
to this Article 18 shall include a waiver of any and all rights of subrogation or recovery
of the insurers thereunder against, inter alia, the Authority, and its assigns, successors,
undertakings and theirsubsidiaries, Affiliates, employees, insurers and underwriters,
 Page 80 of 214

and of any right of the insurers to any set-off or counterclaim or any other deduction,
whether by attachment or otherwise, in respect of any liability of any such person
insured under any such policy or in any way connected with any loss, liability or
obligation covered by such policies of insurance.

18.6 Contractor’s waiver

The Contractor hereby further releases, assigns and waives any and all rights of
subrogation or recovery against, inter alia, the Authority and its assigns, undertakings
and their subsidiaries, Affiliates, employees, successors, insurers and underwriters,
which the Contractor may otherwise have or acquire in or from or in any way
connected with any loss, liability or obligation covered by policies of insurance
maintained or required to be maintained by the Contractor pursuant to this Agreement
(other than third party liability insurance policies) or because of deductible clauses in
or inadequacy of limits of any such policies of insurance.

18.7 Cross liabilities

Any such insurance maintained or effected in pursuance of this Article 18 shall include
a cross liability clause such that the insurance shall apply to the Contractor and to the
Authority as separately insured.

18.8 Accident or injury to workmen

Notwithstanding anything contained in this Agreement, it is hereby expressly agreed

between the Parties that the Authority 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 Sub-contractor, save and except as for death or injury resulting from
any act, omission or default of the Authority, its agents or servants. The Contractor shall
indemnify and keep indemnified the Authority from and against all such claims,
proceedings, damages, costs, charges, and expenses whatsoever in respect of the above
save and except for those acts, omissions or defaults for which the Authority shall be
liable.
18.9 Insurance against accident to workmen

The Contractor shall effect and maintain during the Agreement such insurances as may
be required to insure the Contractor’s personnel and any other persons employed by it
on the Railway Project from and against any liability incurred in pursuance of this
Article 18 Provided that for the purposes of this Clause 18.9, the Contractor’s
personnel/any person employed by the Contractor shall include the Sub-contractor and
its personnel. Provided further that in respect of any persons employed by any Sub-
contractor, the Contractor's obligations to insure as aforesaid under this Clause 18.9
shall be discharged if the Sub-contractor shall have insured against any liability in
respect of such persons in such manner that the Authority is indemnified under the
policy. The Contractor shall require such Sub-contractor to produce before the
Authority, when required, such policy of insurance and the receipt for payment of the
current premium within 10 (ten) days of such demand being made by the Authority.
 Page 81 of 214

18.10 Application of insurance proceeds

The proceeds from all insurance claims, except for life and injury, shall be applied for
any necessary repair, reconstruction, reinstatement, replacement, improvement,
delivery or installation of the Railway Project and the provisions of this Agreement in
respect of construction of Works shall apply mutatis mutandis to the Works undertaken
out of the proceeds of insurance.

18.11 Compliance with policy conditions

The Contractor expressly acknowledges and undertakes to fully indemnify the

Authority from and against all losses and claims arising from the Contractor’s failure to
comply with conditions imposed by the insurance policies effected in accordance with
this Agreement.
 Page 82 of 214

Part V

Force Majeure and Termination

 Page 83 of 214

ARTICLE 19
FORCE MAJEURE

19.1 Force Majeure

As used in this Agreement, the expression “Force Majeure” or “Force Majeure Event” shall
mean occurrence in India of any or all of Non-Political Event, Indirect Political Event and
Political Event, as defined in Clauses 19.2, 19.3 and 19.4 respectively, if it affects the
performance by the Party claiming the benefit of Force Majeure (the “Affected Party”) of its
obligations under this Agreement and which act or event (a) is beyond the reasonable control
of the Affected Party, and (b) the Affected Party could not have prevented or overcome by
exercise of due diligence and following Good Industry Practice, and (c) has Material Adverse
Effect on the Affected Party.

19.2 Non-Political Event

A Non-Political Event shall mean one or more of the following acts or events:

(a) Act of God, epidemic, extremely adverse weather conditions, lightning, earthquake,
landslide, cyclone, flood, volcanic eruption, chemical or radioactive contamination or
ionising radiation, fire or explosion (to the extent of contamination or radiation or fire
or explosion originating from a source external to the Site);

(b) Strikes or boycotts (other than those involving the Contractor, Sub-contractors or their
respective employees/representatives, or attributable to any act or omission of any of
them) interrupting supplies and services to the Railway Project for a continuous period
of 24 (twenty-four) hours and an aggregate period exceeding 10 (ten) days in an
Accounting Year, and not being an Indirect Political Event set forth in Clause 19.3;

(c) Any failure or delay of a Sub-contractor but only to the extent caused by another Non-
Political Event;

(d) Any judgement or order of any court of competent jurisdiction or statutory authority
made against the Contractor in any proceedings for reasons other than (i) failure of the
Contractor to comply with any Applicable Law or Applicable Permit, or (ii) on account
of breach of any Applicable Law or Applicable Permit or of any contract, or (iii)
enforcement of this Agreement, or (iv) exercise of any of its rights under this
Agreement by the Authority; or
(v) breach of its obligations by the Contractor under its sub-contracts; The discovery of
geological conditions, toxic contamination or archaeological remains on the Site that
could not reasonably have been expected to be discovered through a site inspection; or

(e) Any event or circumstances of a nature analogous to any of the foregoing.

19.3 Indirect Political Event

An Indirect Political Event shall mean one or more of the following acts or events:

(a) An act of war (whether declared or undeclared), invasion, armed conflict or act of
foreign enemy, blockade, embargo, riot, insurrection, terrorist or military action, civil
commotion or politically motivated sabotage;
 Page 84 of 214

(b) Industry-wide or State-wide strikes or industrial action for a continuous period of 24

(twenty-four) hours and exceeding an aggregate period of 10 (ten) days in an
Accounting Year;

(c) Any civil commotion, boycott or political agitation which prevents construction of the
Railway Project by the Contractor for an aggregate period exceeding 10 (ten) days in
an Accounting Year;

(d) Failure of the Authority to permit the Contractor to continue with its Construction
Works, with or without modifications, in the event of stoppage of such work after
discovery of anygeological or archaeological finds;

(e) Any failure or delay of a Sub-contractor to the extent caused by any Indirect Political
Event;

(f) Any Indirect Political Event that causes a Non-Political Event; or

(g) Any event or circumstances of a nature analogous to any of the foregoing.

19.4 Political Event

A Political Event shall mean one or more of the following acts or events by or on account of
any Government Instrumentality:

(a) Change in Law, only if consequences thereof cannot be dealt with under and in
accordance with the provisions of Clause 17.13;

(b) Compulsory acquisition in national interest or expropriation of any Project Assets or

rights of the Contractor or of the Sub-Contractors;
(c) Unlawful or Unauthorized or without jurisdiction revocation of, or refusal to renew or
grant without valid cause, any clearance, license, permit, authorization, no objection
certificate, consent, approval or exemption required by the Contractor or any of the Sub-
contractors to perform their respective obligations under this Agreement; provided that
such delay, modification, denial, refusal or revocation did not result from the
Contractor’s or any Sub-contractor’s inability or failure to comply with any condition
relating to grant, maintenance or renewal of such clearance, license, authorization, no
objection certificate, exemption, consent, approval or permit;

(d) Any failure or delay of a Sub-contractor but only to the extent caused by another
Political Event; or

(e) Any event or circumstances of a nature analogous to any of the foregoing.

19.5 Duty to report Force Majeure Event

19.5.1 Upon occurrence of a Force Majeure Event, the Affected Party shall by notice report
such occurrence to the other Party forthwith. Any notice pursuant hereto shall include
full particulars of:

(a) the nature and extent of each Force Majeure Event which is the subject of any claim for
relief under this Article 19 with evidence in support thereof;

(b) the estimated duration and the effect or probable effect which such Force
 Page 85 of 214

Majeure Event is having or will have on the Affected Party’s performance of its
obligations under this Agreement;

(c) the measures which the Affected Party is taking or proposes to take for alleviating the
impact of such Force Majeure Event; and

(d) any other information relevant to the Affected Party’s claim.

19.5.2 The Affected Party shall not be entitled to any relief for or in respect of a Force Majeure
Event unless it shall have notified the other Party of the occurrence of the Force Majeure
Event as soon as reasonably practicable, and in any event no later than 10 (ten) days
after the Affected Party knew, or ought reasonably to have known, of its occurrence,
and shall have given particulars of the probable material effect that the Force Majeure
Event is likely to have on the performance of its obligations under this Agreement.

19.5.3 For so long as the Affected Party continues to claim to be affected by such Force
Majeure Event, it shall provide the other Party with regular (and not less than weekly)
reports containing information as required by Clause 19.5.1, and such other information
as the other Party may reasonably request the Affected Party to provide.
19.6 Effect of Force Majeure Event on the Agreement

19.6.1 Upon the occurrence of any Force Majeure

(a) prior to the Appointed Date, both Parties shall bear their respective Force Majeure costs.

(b) after the Appointed Date, the costs incurred and attributable to such event and directly
relating to this Agreement (the “Force Majeure costs”) shall be allocated and paid as
follows:

(i) upon occurrence of a Non-Political Event, the Parties shall bear their respective
Force Majeure costs and neither Party shall be required to pay to the other Party any
costs thereof;

(ii) upon occurrence of an Indirect Political Event, all Force Majeure costs attributable
to such Indirect Political Event, and not exceeding the Insurance Cover for such Indirect
Political Event, shall be borne by the Contractor, and to the extent Force Majeure costs
exceed such Insurance Cover, one half of such excess amount shall be reimbursed by
the Authority to the Contractor for the Force Majeure events; and

(iii) upon occurrence of a Political Event, all Force Majeure costs attributable to such
Political Event shall be reimbursed by the Authority to the Contractor.

For the avoidance of doubt, Force Majeure costs may include costs directly attributable
to the Force Majeure Event, but shall not include debt repayment obligations, if any, of
the Contractor.

19.6.2 Save and except as expressly provided in this Article 19, neither Party shall be liable in
any manner whatsoever to the other Party in respect of any loss, damage, cost, expense,
claims,demands and proceedings relating to or arising out of occurrence or existence of
any ForceMajeure Event or exercise of any right pursuant hereto.

19.6.3 Upon the occurrence of any Force Majeure Event during the Construction
Period, the Project Completion Schedule for and in respect of the affected Works shall
be extended on a day for day basis for such period as performance of the Contractor’s
 Page 86 of 214

obligations is affected on account of the Force Majeure Event or its subsisting effects,
as may be determined by the Authority Engineer.

19.6.4 Force Majeure costs for any event which results in any offsetting compensation being
payable to the Contractor by or on behalf of its sub-contractors shall be reduced by such
amounts that are payable to the Contractor by its Sub-contractors.
19.7 Termination Notice for Force Majeure Event

If a Force Majeure Event subsists for a period of 60 (sixty) days or more within a
continuous period of 120 (one hundred and twenty) days, either Party may in its
discretion terminate this Agreement by issuing a Termination Notice to the other Party
without being liable in any manner whatsoever, save as provided in this Article 19, and
upon issue of such Termination Notice, this Agreement shall, notwithstanding anything
to the contrary contained herein, standterminated forthwith; provided that before issuing
such Termination Notice, the Party intending to issue the Termination Notice shall
inform the other Party of such intention and grant 15 (fifteen) days time to make a
representation, and may after the expiry of such 15 (fifteen) days period, whether or not
it is in receipt of such representation, in its sole discretion issue the Termination
Notice.

19.8 Termination Payment for Force Majeure Event

19.8.1 In the event of this Agreement being terminated on account of a Non-Political Event, the
Termination Payment shall be an amount equal to the sum payable under Clause 21.5.

19.8.2 If Termination is on account of an Indirect Political Event, the Termination Payment

shall include:

(a) any sums due and payable under Clause 21.5; and

(b) the reasonable cost, as determined by the Authority Engineer, of the Plant and Materials
procured by the Contractor and transferred to the Authority for use in Construction, only
if such Plant and Materials are in conformity with the Specifications and Standards;

19.8.3 If Termination is on account of a Political Event, the Authority shall make a Termination
Payment to the Contractor in an amount that would be payable under Clause 21.6.2 as
if it were an Authority Default.

19.9 Dispute resolution

In the event that the Parties are unable to agree in good faith about the occurrence or
existence of a Force Majeure Event, such Dispute shall be finally settled in accordance
with the Dispute Resolution Procedure; provided that the burden of proof as to the
occurrence or existence of such Force Majeure Event shall be upon the Party claiming
relief and/or excuse on account of such Force Majeure Event.
19.10 Excuse from performance of obligations

If the Affected Party is rendered wholly or partially unable to perform its obligations
under this Agreement because of a Force Majeure Event, it shall be excused from
performance of such of its obligations to the extent it is unable to perform on account of
such Force Majeure Event; provided that:

(a) The suspension of performance shall be of no greater scope and of no longer duration
than is reasonably required by the Force Majeure Event;
 Page 87 of 214

(b) The Affected Party shall make all reasonable efforts to mitigate or limit damage to the
other Party arising out of or as a result of the existence or occurrence of such Force
Majeure Event and to cure the same with due diligence; and

(c) When the Affected Party is able to resume performance of its obligations under this
Agreement, it shall give to the other Party notice to that effect and shall promptly resume
performance of its obligations hereunder.
 Page 88 of 214

ARTICLE 20
SUSPENSION OF CONTRACTOR’S RIGHTS

20.1 Suspension upon Contractor Default

Upon occurrence of a Contractor Default, the Authority shall be entitled, without

prejudice to its other rights and remedies under this Agreement including its rights of
Termination hereunder, to (a) suspend carrying out of the Works or any part thereof,
and (b) carry out such Works itself or authorise any other person to exercise or perform
the same on its behalf during such suspension (the “Suspension”). Suspension
hereunder shall be effective forthwith upon issue of notice by the Authority to the
Contractor and may extend up to a period not exceeding 90 (ninety) days from the date
of issue of such notice.

20.2 Authority to act on behalf of Contractor

During the period of Suspension hereunder, all rights and liabilities vested in the
Contractor in accordance with the provisions of this Agreement shall continue to vest
in the Contractor and all things done or actions taken, including expenditure incurred
by the Authority for discharging the obligations of the Contractor under and in
accordance with this Agreement shall be deemed to have been done or taken for and on
behalf of the Contractor and the Contractor undertakes to indemnify the Authority for
all costs incurred during such period. The Contractor hereby licensees and sub-
licensees respectively, the Authority or any other person authorized by it under Clause
20.1 to use during Suspension, all Intellectual Property belonging to or licensed to the
Contractor with respect to the Railway Project and its design, engineering, construction
and maintenance, and which is used or created by the Contractor in performing its
obligations under the Agreement.

20.3 Revocation of Suspension

20.3.1 In the event that the Authority shall have rectified or removed the cause of Suspension
within a period not exceeding 60 (sixty) days from the date of Suspension, it shall revoke
the Suspension forthwith and restore all rights of the Contractor under this Agreement.
For the avoidance of doubt, the Parties expressly agree that the Authority may, in its
discretion, revoke the Suspension at any time, whether or not the cause of Suspension
has been rectified or removed hereunder.

20.3.2 Upon the Contractor having cured the Contractor Default within a period not exceeding
60 (sixty) days from the date of Suspension, the Authority shall revoke the Suspension
forthwith and restore all rights of the Contractor under this Agreement.
20.4 Termination

20.4.1 At any time during the period of Suspension under this Article 20, the Contractor may
by notice require the Authority to revoke the Suspension and issue a Termination Notice.
The Authority shall, within 15 (fifteen) days of receipt of such notice, terminate this
Agreement under and in accordance with Article 21 as if it is a Contractor Default under
Clause 21.1.

20.4.2 Notwithstanding anything to the contrary contained in this Agreement, in the event that
Suspension is not revoked within 90 (ninety) days from the date of Suspension
hereunder, the Agreement shall, upon expiry of the aforesaid period, be deemed to have
 Page 89 of 214

been terminated by mutual agreement of the Parties and all the provisions of this
Agreement shall apply, mutatis mutandis, to such Termination as if a Termination
Notice had been issued by the Authority upon occurrence of a Contractor Default.
 Page 90 of 214

ARTICLE 21
TERMINATION

21.1 Termination for Contractor Default

21.1.1 Save as otherwise provided in this Agreement, in the event that any of the defaults
specified below shall have occurred, and the Contractor fails to cure the default within
the Cure Period set forth below, or where no Cure Period is specified, then within a Cure
Period of 60 (sixty) days, the Contractor shall be deemed to be in default of this
Agreement (the “Contractor Default”), unless the default has occurred as a result of
any breach of this Agreement by the Authority or due to Force Majeure. The defaults
referred to herein shall include:

(a) The Contractor fails to provide, extend or replenish, as the case may be, the Performance
Security in accordance with this Agreement;
(b) Subsequent to the replenishment or furnishing of fresh Performance Security in
accordance with Clause 7.3, the Contractor fails to cure, within a Cure Period of 30
(thirty) days, the Contractor Default for which the whole or part of the Performance
Security was appropriated;
(c) The Contractor does not achieve the latest outstanding Project Milestone due in
accordance with the provisions of Schedule-I, subject to any Time Extension, and
continues to be in default for 45 (forty five) days;
(d) The Contractor abandons or manifests intention to abandon the construction of the
RailwayProject without the prior written consent of the Authority;
(e) The Contractor fails to proceed with the Works in accordance with the provisions of
Clause 10.1 or stops Works for 30 (thirty) days without reflecting the same in the current
programme and such stoppage has not been authorized by the Authority Engineer;
(f) The Project Completion Date does not occur within the period specified in Schedule-I
for the Scheduled Completion Date, or any extension thereof;
(g) Failure to complete the Punch List items within the periods stipulated therefor in Clause
12.3;
(h) The Contractor fails to rectify any Defect, the non rectification of which shall have a
Material Adverse Effect on the Project, within the time specified in this Agreement or
as directed by the Authority Engineer;
(i) The Contractor subcontracts the Works or any part thereof in violation of this Agreement
or assigns any part of the Works without the prior approval of the Authority;

(j) The Contractor creates any Encumbrance in breach of this Agreement;

(k) An execution levied on any of the assets of the Contractor has caused a Material Adverse
Effect ;
(l) The Contractor is adjudged bankrupt or insolvent, or if a trustee or receiver is appointed
for the Contractor or for the whole or material part of its assets that has a material bearing
on the Project;
 Page 91 of 214

(m) The Contractor has been, or is in the process of being liquidated, dissolved, wound-up,
amalgamated or reconstituted in a manner that would cause, in the reasonable opinion
of the Authority, a Material Adverse Effect;
(n) A resolution for winding up of the Contractor is passed, or any petition for winding up
of the Contractor is admitted by a court of competent jurisdiction and a provisional
liquidator or receiver is appointed and such order has not been set aside within 90
(ninety) days of the date thereof or the Contractor is ordered to be wound up by a court
except for the purpose of amalgamation or reconstruction; provided that, as part of
such amalgamation or reconstruction, the entire property, assets and undertaking of the
Contractor are transferred to the amalgamated or reconstructed entity and that the
amalgamated or reconstructed entity has unconditionally assumed the obligations of the
Contractor under this Agreement; and provided that:
(i) The amalgamated or reconstructed entity has the capability and experience necessary
for the performance of its obligations under this Agreement; and
(ii) The amalgamated or reconstructed entity has the financial standing to perform its
obligations under this Agreement and has a credit worthiness at least as good as that of
the Contractor as at the Appointed Date;
(o) Any representation or warranty of the Contractor herein contained which is, as of the
date hereof, found to be materially false or the Contractor is at any time hereafter found
to be in breach thereof;
(p) The Contractor submits to the Authority any statement, notice or other document, in
written or electronic form, which has a material effect on the
Authority’s rights, obligations or interests and which is false in material particulars;
(q) The Contractor has failed to fulfil any obligation, for which failure Termination has been
specified in this Agreement;
(r) The Contractor has failed to make any payment to the Authority within the period
specified in this Agreement; or

(s) The Contractor commits a default in complying with any other provision of this
Agreement if such a default causes a Material Adverse Effect on the Project or on the
Authority.
21.1.2 Without prejudice to any other rights or remedies which the Authority may have under
this Agreement, upon occurrence of a Contractor Default, the Authority shall be entitled
to terminate this Agreement by issuing a Termination Notice to the Contractor; provided
that before issuing the Termination Notice, the Authority shall by a notice inform the
Contractor of its intention to issue such Termination Notice and grant 15 (fifteen) days
to the Contractor to make a representation, and may after the expiry of such 15 (fifteen)
days, whether or not it is in receipt of such representation, issue the Termination Notice.

21.1.3 After termination of this Agreement for Contractor Default, the Authority may complete
the Works and/or procure its completion through any other entity. The Authority and
such entity may, for this purpose, use any Materials, Plant and equipment, Contractor’s
documents and other design documents made by or on behalf of the Contractor.
 Page 92 of 214

21.2 Termination for Authority Default

21.2.1 In the event that any of the defaults specified below shall have occurred, and the
Authority fails to cure such default within a Cure Period of 90 (ninety) days or such
longer period as has been expressly provided in this Agreement, the Authority shall be
deemed to be in default of this Agreement (the “Authority Default”) unless the default
has occurred as a result of any breach of this Agreement by the Contractor or due to
Force Majeure. The defaults referred to herein shall include:

(a) The Authority commits a material default in complying with any of the provisions of
this Agreement and such default has a Material Adverse Effect on the Contractor;
(b) The Authority has failed to make payment of any amount due and payable to the
Contractor within the period specified in this Agreement;
(c) The Authority has failed to provide, within a period of 180 (one hundred and eighty)
days from the Appointed Date, the environmental clearances and forest clearances
required for construction of the Railway Project;
(d) The Authority repudiates this Agreement or otherwise takes any action that amounts to
or manifests an irrevocable intention not to be bound by this Agreement; or
(e) The Authority Engineer fails to issue the relevant Interim Payment Certificate within
60 (sixty) days after receiving a statement and supporting documents.

21.2.2 Without prejudice to any other right or remedy which the Contractor may have under
this Agreement, upon occurrence of an Authority Default, the Contractor shall be
entitled to terminate this Agreement by issuing a Termination Notice to the Authority;
provided that before issuing the Termination Notice, the Contractor shall by a notice
inform the Authority of its intention to issue the Termination Notice and grant 15
(fifteen) days to the Authority to make a representation, and may after the expiry of
such 15 (fifteen) days, whether or not it is in receipt of such representation, issue the
Termination Notice.

21.3 Right of Authority to Determine the Contract

Notwithstanding anything hereinabove, the Authority shall be entitled to determine and

terminate the contract at any time should, in the Authority’s opinion, the cessation of
work becomes necessary owing to paucity of funds or from any other cause whatever, in
which case it shall be treated as Authority Default and Termination Payment shall be
made as per clause
21.6 below. Notice in writing from the Authority of such determination and the reasons
therefor shall be conclusive evidence thereof. The termination shall take effect 30 (thirty)
days from thedate of notice hereunder.

21.4 Requirements after Termination

Upon Termination of this Agreement in accordance with the provisions

of thisArticle 21, the Contractor shall comply with and conform to the
following:

(a) Deliver to the Authority all Plant and Materials which shall have become the property
of the Authority under this Article 21;
(b) Deliver all relevant records, reports, Intellectual Property and other licensees pertaining
to the Works, other design documents and in case of Termination occurring after the
 Page 93 of 214

Provisional Certificate has been issued, the “as built” Drawings for the Works;
(c) Transfer and/or deliver all Applicable Permits to the Authority to the extent permissible
under Applicable Laws; and
(d) Vacate the Site within 15 (fifteen) days.

21.5 Valuation of Unpaid Works

21.5.1 Within a period of 45 (forty-five) days after Termination under Clause 21.1, 21.2 or 21.3,
as the case may be, has taken effect, the Authority Engineer shall proceed in accordance
with Clause 16.5 to determine as follows the valuation of unpaid Works (the “Valuation
of Unpaid Works”):

(a) value of the completed stage of the Works, less payments already made; and
(b) reasonable value of the partially completed stages of works as on the date of
Termination, only if such works conform with the Specifications and Standards.
and shall adjust from the sum thereof (i) any other amounts payable or recoverable, as
the case may be, in accordance with the provisions of this Agreement; and (ii) all taxes
due to be deducted at [Link] Valuation of Unpaid Works shall be communicated to
the Authority, with a copy tothe Contractor, within a period of 45 (forty five) days from
the date of Termination.

21.6 Termination Payment

21.6.1 Upon Termination on account of Contractor Default under Clause 21.1, the
Authority shall:
(a) Encash and appropriate the Performance Security and Retention Money and in the event
the Contractor has failed to replenish or extend the Performance Security, claim the
amount stipulated in Clause 7.1.1, as agreed pre-determined compensation to the
Authority for any losses, delays and cost of completing the Works, if any;
(b) Encash and appropriate the bank guarantee, if any, to the extent of the outstanding
Advance Payment and interest thereon; and
(c) pay to the Contractor, by way of Termination Payment, an amount equivalent to the
Valuation of Unpaid Works after adjusting any other sums payable or recoverable, as the
case may be, in accordance with the provisions of this Agreement, and all taxes due to be
deducted at source.

21.6.2 Upon Termination on account of an Authority Default under Clause 21.2 or under
Clause 21.3, the Authority shall:

(a) Return the Performance Security and Retention Money forthwith;

(b) Encash and appropriate the bank guarantee, if any, to the extent of the outstanding
Advance Payment, including interest thereon; and
(c) pay to the Contractor, by way of Termination Payment, an amount equal to:
(i) Valuation of Unpaid Works;
(ii) the reasonable cost, as determined by the Authority Engineer, of the Plant and Materials
procured by the Contractor and transferred to the Authority for its use, only if such Plant
and Materials are in conformity with the Specifications and Standards;
(iii) the reasonable cost of temporary works, as determined by the Authority Engineer; and
shall adjust from the sum thereof (i) any other amounts payable or recoverable, as the
 Page 94 of 214

case may be, in accordance with the provisions of this Agreement, and (ii) all taxes due
to be deducted at source.
21.6.3 Termination Payment shall become due and payable to the Contractor within 30 (thirty)
days of a demand being made by the Contractor to the Authority with the necessary
particulars, after the Valuation of Unpaid Works has been communicated by the Authority
Engineer, and in the event of any delay, the Authority shall pay interest at the Bank Rate
plus 3% (three percent), calculated at quarterly rests, on the amount of Termination
Payment remaining unpaid; provided that such delay shall not exceed 90 (ninety) days.
For the avoidance of doubt, it is expressly agreed that Termination Payment shall
constitute full discharge by the Authority of its payment obligations in respect thereof
hereunder.

21.6.4 The Contractor expressly agrees that Termination Payment under this Article 21 shall
constitute a full and final settlement of all claims of the Contractor on account of
Termination of this Agreement and that it shall not have any further right or claim under
any law, treaty, convention, contract or otherwise.

21.7 Other rights and obligations of the Parties

Upon Termination for any reason whatsoever

(a) Property and ownership in all Materials, Plant and Works and the Railway Project shall,
as between the Contractor and the Authority, vest in the Authority in whole, free from
any and all Encumbrances; provided that the foregoing shall be without prejudice to
Clause 21.6;
(b) Risk of loss or damage to any Materials, Plant or Works and the care and custody thereof
shall pass from the Contractor to the Authority; and
(c) The Authority shall be entitled to restrain the Contractor and any person claiming
through or under the Agreement from entering upon the Site or any part of the Project
except for taking possession of materials, stores, implements, construction plants and
equipment of the Contractor, which have not been vested in the Authority in accordance
with the provisions of this Agreement.

21.8 Survival of rights

Notwithstanding anything to the contrary contained in this Agreement any Termination

pursuant to the provisions of this Agreement shall be without prejudice to the accrued
rights of either Party including its right to claim and recover money damages, insurance
proceeds, security deposits, and other rights and remedies, which it may have in law or
Agreement. All rights and obligations of either Party under this Agreement, including
Termination Payments, shall survive the Termination to the extent such survival is
necessary for giving effect to such rights and obligations.
 Page 95 of 214

Part VI

Other Provisions
 Page 96 of 214

ARTICLE 22

ASSIGNMENT AND CHARGES

22.1 Restrictions on assignment and charges

This Agreement shall not be assigned by the Contractor to any person, save and except
with the prior consent in writing of the Authority, which consent the Authority shall be
entitled to decline without assigning any reason.

22.2 Hypothecation of Materials or Plant

Notwithstanding the provisions of Clause 22.1, the Contractor may pledge or

hypothecate to its lenders, any Materials or Plant prior to their incorporation in the
Works. Further, the Contractor may, by written notice to the Authority, assign its right
to receive payments under this Agreement either absolutely or by way of charge, to
any person providing financing to the Contractor in connection with the performance
of the Contractor’s obligations under this Agreement. The Contractor acknowledges
that any such assignment by the Contractor shall not relieve the Contractor from any
obligations, duty or responsibility under this Agreement. For the avoidance of doubt,
all Materials and Plants shall, upon their incorporation into Works, befree from any and
all Encumbrances without the Authority being required to make any payment to any
person on account of any costs, compensation, expenses and charges for such
Materials,Plants and Works.
 Page 97 of 214

ARTICLE 23
LIABILITY AND INDEMNITY

23.1 General indemnity

The Contractor will indemnify, defend, save and hold harmless the Authority and its
officers, servants, agents, Government Instrumentalities and Government owned
and/or controlled entities/enterprises, (the “Authority Indemnified Persons”) against
any and all suits, proceedings, actions, demands and third party claims for any loss,
damage, cost and expense of whatever kind and nature, whether arising out of any
breach by the Contractor of any of its obligations under this Agreement or from any
negligence under the Agreement, including any errors or deficiencies in the design
documents, or tort or on any other ground whatsoever, except to the extent that any such
suits, proceedings, actions, demands and claims have arisen due to any negligent act or
omission, or breach or default of this Agreement on the part of the Authority
Indemnified Persons.

23.2 Indemnity by the Contractor

23.2.1 Without limiting the generality of Clause 23.1, the Contractor shall fully indemnify,
hold harmless and defend the Authority and the Authority Indemnified Persons from
and againstany and all loss and/or damages arising out of or with respect to:

(a) Failure of the Contractor to comply with Applicable Laws and Applicable Permits;

(b) Payment of taxes required to be made by the Contractor in respect of the income or
other taxes of the Sub-contractors, suppliers and representatives; or

(c) Non-payment of amounts due as a result of Materials or services furnished to the

Contractor or any of its Sub-contractors which are payable by the Contractor or any of
its Sub-contractors.

23.2.2 Without limiting the generality of the provisions of this Article 23, the Contractor shall
fully indemnify, hold harmless and defend the Authority Indemnified Persons from and
against any and all suits, proceedings, actions, claims, demands, liabilities and damages
which the Authority Indemnified Persons may hereafter suffer, or pay by reason of any
demands, claims, suits or proceedings arising out of claims of infringement of any
domestic or foreign patent rights, copyrights or other Intellectual Property, proprietary
or confidentiality rights with respect to any materials, information, design or process
used by the Contractor or by the Sub-contractors in performing the Contractor’s
obligations or in any way incorporated in orrelated to the Project.
If in any such suit, action, claim or proceedings, a temporary restraint order or
preliminary injunction is granted, the Contractor shall make every reasonable effort, by
giving a satisfactory bond or otherwise, to secure the revocation or suspension of the
injunction or restraint order. If, in any such suit, action, claim or proceedings, the
Railway Project, or any part thereof or comprised therein, is held to constitute an
infringement and its use is permanently enjoined, the Contractor shall promptly make
every reasonable effort to secure for the Authority a license, at no cost to the Authority,
authorizing continued use of the infringing work. If the Contractor is unable to secure
such license within a reasonable time, the Contractor shall, at its own expense, and
without impairing the Specifications and Standards, either replace the affected work, or
part, or process thereof with non-infringing work or part or process, or modify the
same so that it becomes non-infringing.
 Page 98 of 214

23.3 Notice and contest of claims

In the event that either Party receives a claim or demand from a third party in respect of
which it is entitled to the benefit of an indemnity under this Agreement (the
“Indemnified Party”) it shall notify the other Party (the “Indemnifying Party”)
within 15 (fifteen) days of receipt of the claim or demand and shall not settle or pay the
claim without the prior approval of the Indemnifying Party, which approval shall not be
unreasonably withheld or delayed. In the event that the Indemnifying Party wishes to
contest or dispute the claim or demand, it may conduct the proceedings in the name of
the Indemnified Party, subject to the Indemnified Party being secured against any costs
involved, to its reasonable satisfaction.

23.4 Defense of claims

23.4.1 The Indemnified Party shall have the right, but not the obligation, to contest, defend
and litigate any claim, action, suit or proceeding by any third party alleged or asserted
against such Party in respect of, resulting from, related to or arising out of any matter
for which it is entitled to be indemnified hereunder, and reasonable costs and expenses
thereof shall be indemnified by the Indemnifying Party. If the Indemnifying Party
acknowledges in writing its obligation to indemnify the Indemnified Party in respect of
loss to the full extent provided by this Agreement, the Indemnifying Party shall be
entitled, at its option, to assume and control the defense of such claim, action, suit or
proceeding, liabilities, payments and obligations at its expense and through the counsel
of its choice; provided it gives prompt notice of its intention to do so to the Indemnified
Party and reimburses the Indemnified Party for the reasonable cost and expenses
incurred by the Indemnified Party prior to the assumption by the Indemnifying Party of
such defense. The Indemnifying Party shall not be entitled to settle or compromise any
claim, demand, action, suit or proceeding without the prior written consent of the
Indemnified Party, unless the Indemnifying Party provides such security to the
Indemnified Party as shall be reasonably required by the Indemnified Party tosecure the
loss to be indemnified hereunder to the extent so compromised or settled.
23.4.2 If the Indemnifying Party has exercised its rights under Clause 23.3, the Indemnified
Party shall not be entitled to settle or compromise any claim, action, suit or proceeding
without the prior written consent of the Indemnifying Party (which consent shall not be
unreasonably withheld or delayed).

23.4.3 If the Indemnifying Party exercises its rights under Clause 23.3, the Indemnified Party
shall nevertheless have the right to employ its own counsel, and such counsel may
participate in such action, but the fees and expenses of such counsel shall be at the
expense of the Indemnified Party, when and as incurred, unless:

(a) the employment of counsel by such party has been authorized in writing by the
Indemnifying Party; or

(b) the Indemnified Party shall have reasonably concluded that there may be a conflict of
interest between the Indemnifying Party and the Indemnified Party in the conduct of
thedefense of such action; or

(c) the Indemnifying Party shall not, in fact, have employed independent counsel
reasonably satisfactory to the Indemnified Party, to assume the defense of such action
and shall havebeen so notified by the Indemnified Party; or
 Page 99 of 214

(d) the Indemnified Party shall have reasonably concluded and specifically notified the
Indemnifying Party either:

(i) that there may be specific defenses available to it which are different from or
additional to those available to the Indemnifying Party; or

(ii) that such claim, action, suit or proceeding involves or could have a material adverse
effect upon it beyond the scope of this Agreement:

Provided that if Sub-clauses (b), (c) or (d) of this Clause 23.4.3 shall be applicable, the
counsel for the Indemnified Party shall have the right to direct the defense of such
claim, demand, action, suit or proceeding on behalf of the Indemnified Party, and the
reasonable fees and disbursements of such counsel shall constitute legal or other
expenses hereunder.
23.5 No consequential claims

Not withstanding anything to the contrary contained in this Article 23, the indemnities
herein provided shall not include any claim or recovery in respect of any cost, expense,
loss or damage of an indirect, incidental or consequential nature, including loss of
profit, except as expressly provided in this Agreement.

23.6 Survival on Termination

The provisions of this Article 23 shall survive Termination.

 Page 100 of 214

ARTICLE 24

DISPUTE RESOLUTION

24.1 Conciliation of Disputes

24.1.1 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 referred by the
Contractor to the "Authority" through “Notice of Dispute” provided that no such notice
shall be served later than 30 days after the date of issue of Completion Certificate by
the Authority Engineer. Authority shall, within 30 days after receipt of the Contractor’s
“Notice of Dispute”, notify the name of conciliator(s) to the Contractor. In case
Authority fails to fix Conciliator within 30 days, Contractor shall be free to approach
Dispute Adjudication Board (DAB) for adjudication of Dispute.
24.1.2 The Conciliator(s) shall assist the parties to reach an amicable settlement in an
independent and impartial manner within the terms of contract. If the parties reach
agreement on a settlement of the dispute, they shall draw up and sign a written
settlement agreement duly signed by Authority Engineer, Contractor and
conciliator(s). When the settlement agreement is signed, it shall be final and binding
on the parties. The conciliators shall be paid fee as fixed by Ministry of Railways time
to time, which shall be shared equally by the parties.
24.1.3 The parties shall not initiate, during the conciliation proceedings, any reference to
DAB or arbitral or judicial proceedings in respect of a dispute that is the subject matter
of the conciliation proceedings.
24.1.4 The conciliation shall be carried out as per ‘The Arbitration and Conciliation Act,
1996’ and the proceedings may be terminated as per Section 76 of the above Act.

24.2 Dispute Adjudication Board (DAB)

24.2.1 A dispute/s if not settled through conciliation, shall be referred to DAB. The DAB
shall consist of a panel of three Retired Railway Officers not below senior
administrative grade (SAG). The DAB shall be formed within 90 days of signing of
Contract Agreement. For this purpose, the Authority will maintain a panel of DAB
members. The complete panel, which shall not be less than five members, shall be sent
by Authority to the Contractor to nominate one member of the DAB from the panel as
Contractor’s nominee within two weeks of receipt of the panel. On receipt of
Contractor’s nominee, the Authority shall nominate one member from the same panelas
Authority’s nominee for the DAB. Both above nominees shall jointly select presiding
member of the DAB from the same panel.
24.2.2 The appointment of DAB shall be effectuated by way of a tri-partite agreement among
the Authority, Contractor and the respective DAB members. The terms of the
remuneration of each member shall be as fixed by Ministry of Railways from time to
time. Each party shall be responsible for paying one-half of this remuneration.
24.2.3 If one or more of the members appointed refuses to act as DAB member, or is unable
or unwilling to perform his functions as DAB member for any reason whatsoever or
dies or in the opinion of the Authority fails to act without undue delay, the parties shall
terminate the mandate of such DAB member and thereupon new DAB member shall be
appointed in the same manner, as the outgoing DAB member had been appointed.
 Page 101 of 214

24.2.4 The appointment of any member may be terminated by mutual agreement of both
Parties, but not by the Authority or the Contractor acting alone. Unless otherwise
agreed by both the Parties, the appointment of the DAB (including each member) shall
expire upon expiry of this Contract Agreement.
24.2.5 Before start of DAB proceedings, each DAB member shall give the following
certificate to the Authority and the Contractor:
“I have no any past or present relationship in relation to the subject matter in dispute,
whether financial, business, professional or other kind. Further, I have no any past or
present relationship with or interest in any of the parties whether financial, business,
professional or other kind, which is likely to give rise to justifiable doubts as to my
independence or impartiality.”
24.2.6 DAB proceedings shall be conducted as decided by the DAB. The DAB shall give its
decision within 90 days of a Dispute referred to it by any of the Parties, duly recording
the reasons before arriving at the decision. The DAB shall decide the issue within terms
and conditions of the contract. This time limit shall be extendable subject to the Parties
mutual agreement.
24.2.7 The DAB decision shall not be binding on both the Parties. In case any party is not
satisfied by the decision of DAB, then the aggrieved party may approach Standing
Arbitral Tribunal for arbitration proceedings. However, even if the aggrieved party had
proceeded for Arbitration as per provisions of this agreement, 75% of award amount,
pending adjudication by Standing Arbitral Tribunal/Court of Law, shall be made by
party to other party. In case payment is to be made by Authority to Contractor, the
terms & conditions as incorporated in the Ministry of Railways letter No.
2016/CE(I)/CT/ARB/3(NITI Aayog)/Pt. dated 08th Mar,2017 as amended time to time
shall be followed. However, in case Contractor has to pay to the Authority, then 75%
of the award amount shall be deducted by the Authority from the running bills or other
dues of the Contractor, pending adjudication by Standing Arbitral Tribunal/Court of
[Link] dispute shall be referred to Standing Arbitral Tribunal unless the same has
been referred to DAB for adjudication. However, in case DAB is not formed due to
any reason, the disputes can be directly referred to Standing Arbitral Tribunal to
adjudicatethe dispute.
24.2.8 In the specific cases of any misconduct by any of the members of the DAB, the parties
shall have the right to specifically bring it to the notice of the DAB such conduct,
through a statement filed with necessary documents in proof of such misconduct and
the DAB, after taking NOTICE of such conduct initiate the replacement of the member
concerned, in the same manner the member to be replaced was appointed.
24.2.9 Once the decision is given by DAB, DAB cannot review the decision at its own or on
the request of one party, unless both parties agree for review of decision by DAB.
24.2.10 In case DAB decision is not challenged by either party within 180 days of receipt of
decision of DAB, the decision shall be considered as final and parties would be barred
for referring the same to Standing Arbitral Tribunal for adjudication.
24.2.11 The obligation of the Authority and the Contactor shall not be altered by reasons of
issue being or under reference to DAB.
24.2.12 The DAB shall conduct the proceedings at Hyderabad or any other convenient venue
which shall be decided by DAB in consultations with parties.
24.2.13 It is a term of this contract that the Parties 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 DAB and Standing Arbitral
Tribunal.
 Page 102 of 214

24.3 Standing Arbitral Tribunal

24.3.1 The arbitration proceedings shall be conducted as per ‘The Arbitration and Conciliation
Act, 1996’. The Arbitral Tribunal shall consist of a panel of three Retired Railway
Officers not below senior administrative grade (SAG). The Standing Arbitral Tribunal
shall be formed within 90 days of signing of Contract document. For this purpose, the
Authority shall maintain a panel of arbitrators. The complete panel, which shall not be
less than five members, shall be sent by Authority to the Contractor to nominate one
arbitrator from the panel as Contractor’s nominee within two weeks of receipt of the
panel. On receipt of Contractor’s nominee, the Authority shall appoint above
contractor’s nominee as well as another from the same panel as Authority’s nominee
as arbitrators. Both above arbitrators shall jointly select presiding arbitrator from the
same panel.
24.3.2 If the Contractor fails to select the contractor’s nominee from the panel within two
weeks of the receipt of the said panel, the Authority shall, after giving one more
opportunity to contractor to nominate one as contractor’s nominee within next two
weeks, appoint two arbitrators from the same panel. Both above arbitrators shall jointly
select presiding arbitrator from the same panel.
24.3.3 If one or more of the Arbitrators appointed refuses to act as Arbitrator, withdraws from
his office as Arbitrator, or vacates his office or is unable or unwilling to perform his
functions as Arbitrator for any reason whatsoever or dies or in the opinion of the
Authority fails to act without undue delay, the parties shall terminate the mandate of
such arbitrator and thereupon new arbitrator shall be appointed in the same manner, as
the outgoing arbitrator had been appointed.
24.3.4 Before start of arbitration proceedings, each appointed arbitrator shall give the
following certificate to the Authority and the Contractor:
“I have no any past or present relationship in relation to the subject matter in dispute,
whether financial, business, professional or other kind. Further, I have no any past or
present relationship with or interest in any of the parties whether financial, business,
professional or other kind, which is likely to give rise to justifiable doubts as to my
independence or impartiality in terms of The Arbitration and Conciliation Act, 1996.”
24.3.5 In the specific cases of any misconduct by any of the members of the TRIBUNAL, the
parties shall have the right to specifically bring it to the notice of the TRIBUNAL such
conduct, through a statement filed with necessary documents in proof of such
misconduct and the TRIBUNAL, after taking NOTICE of such conduct initiate the
replacement of the member concerned, in the same manner the member to be replaced
was appointed.
24.3.6 Each party has to prepare and furnish to Standing Arbitral Tribunal and other party,
once in a every six months, an account giving full and detailed particulars of all claims,
which even after decision of DAB are unsettled, to which the parties may consider
themselves entitled to during the last preceding six months. If any dispute has arisen as
regards execution of the works under the contract, while submitting the said half yearly
claims, the parties shall give full particulars of such dispute in the said submission.
After signing Contract agreement, within 6 months, the parties shall submit all the
claims from date of award of contract in first submission of claims.
24.3.7 The said communication will be the reference of the dispute to the ARBITRAL
TRIBUNAL appointed under the present agreement.
24.3.8 The parties shall submit all the relevant documents in support of their claims and the
reasons for raising the dispute to the TRIBUNAL.
 Page 103 of 214

24.3.9 The said claims of the parties so referred to ARBITRAL TRIBUNAL so far it relates to
the disputed claims, shall be treated as Statement of Claims of the parties and the
ARBITRAL TRIBUNAL shall call upon the other party to submit its reply. The
ARBITRAL TRIBUNAL after giving an opportunity of being heard to both the
parties, decide the dispute within a period of Four months from the date of
communication of the dispute under clause 24.3.6 above. The Arbitral Tribunal will
pass a reasoned award in writing, while deciding the Dispute. Once the award is
declared, the Arbitral Tribunal cannot review the same except what is permissible in
terms of provisions contained in Arbitration and Conciliation Act. The parties shall be
entitled to the remedies under the Arbitration and Conciliation Act 1996 or any
amendment thereof.
24.3.10 The parties agree that all the claims of any nature whatsoever, which the parties may
have in respect of the work of the preceding six months, should be made in the said
Statements of half yearly claims. If the parties do not raise the claim, if any, arising
from the work done in the preceding six months in the statement of half yearly claim,
to Standing Arbitral Tribunal, the parties shall be deemed to have waived and given up
the claims. The ARBITRAL TRIBUNAL shall not entertain such disputes, which have
not been raised in the statement of half yearly Claim before the Standing Arbitral
Tribunal and such claims will stand excluded from the scope of arbitration and beyond
the terms of reference to the ARBITRAL TRIBUNAL.
24.3.11 The parties agree that where the Arbitral award is for payment of money, no interest
shall be payable on the whole or any part of the money for any period till the date on
which the award is made.
24.3.12 The obligation of the Authority and the Contactor shall not be altered by reasons of
arbitration being conducted during the progress of work. Neither party shall be
suspended the work on account of arbitration and payments to the contractor shall
continue to be made in terms of the contract and /or as awarded (except when Award is
challenged in the Court in which case the payments would be as per the court's
orders).
24.3.13 The ARBITRAL TRIBUNAL shall remain in force during the entire period the
PRINCIPAL CONTRACT is in force and until the closure of the PRINCIPAL
CONTRACT with the final no claim certificate, which will be filed with ARBITRAL
TRIBUNAL.
24.3.14 The Arbitral Tribunal shall conduct the Arbitration proceedings at Hyderabad or any
other convenient venue which shall be decided by Tribunal in consultation with both
parties.
24.3.15 The cost of arbitration shall be borne equally by the respective parties. The cost shall
inter-alia include fee of the arbitrators as per the rates fixed by the Indian Railways
from time to time.
24.3.16 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 conciliation, DAB and Standing
Arbitral Tribunal.
24.3.17 Even in case arbitration award is challenged by a party in the Court of Law, 75% of
award amount, pending adjudication by Court of Law, shall be made by party to other
party. In case payment is to be made by Authority to Contractor, the terms &
conditions as incorporated in the Ministry of Railways letter No.
2016/CE(I)/CT/ARB/3(NITI Aayog)/Pt. dated 08th Mar,2017 as amended time to time
shall be followed. However, in case Contractor has to pay to the Authority, then 75% of
the award amount shall be deducted by the Authority from the running bills or other
dues of the Contractor, pending adjudication by Court of Law.
 Page 104 of 214

24.3.18 The contract shall be governed by the law for the time being in force in the Republic of
India. In case of any disputes/differences resulting in court cases between Contractor &
Authority, the jurisdiction shall be of Courts at Hyderabad only.
24.3.17 Even in case arbitration award is challenged by a party in the Court of Law, 75% of
award amount, pending adjudication by Court of Law, shall be made by party to other
party. In case payment is to be made by Authority to Contractor, the terms &
conditions as incorporated in the Ministry of Railways letter No.
2016/CE(I)/CT/ARB/3(NITI Aayog)/Pt. dated 08th Mar,2017 as amended time to time
shall be followed. However, in case Contractor has to pay to the Authority, then 75%
of the award amount shall be deducted by the Authority from the running bills or other
dues of the Contractor, pending adjudication by Court of Law.
24.3.18 The contract shall be governed by the law for the time being in force in the Republic of
India. In case of any disputes/differences resulting in court cases between Contractor &
Authority, the jurisdiction shall be of Courts at Hyderabad only.
 Page 105 of 214

ARTICLE 25
MISCELLANEOUS

25.1 Governing law and jurisdiction

This Agreement shall be construed and interpreted in accordance with and governed
by the laws of India, and the courts at Hyderabad shall have exclusive jurisdiction over
matters arising out of or relating to this Agreement.

25.2 Waiver of immunity

Each Party unconditionally and irrevocably:

(a) agrees that the execution, delivery and performance by it of this Agreement constitute
commercial acts done and performed for commercial purpose;

(b) agrees that, should any proceedings be brought against it or its assets, property or
revenues in any jurisdiction in relation to this Agreement or any transaction
contemplated by this Agreement, no immunity (whether by reason of sovereignty or
otherwise) from such proceedings shall be claimed by or on behalf of the Party with
respect to its assets;

(c) waives any right of immunity which it or its assets, property or revenues now has, may
acquire in the future or which may be attributed to it in any jurisdiction; and

(d) consents generally in respect of the enforcement of any judgement or award against it
in any such proceedings to the giving of any relief or the issue of any process in any
jurisdiction in connection with such proceedings (including the making, enforcement or
execution against it or in respect of any assets, property or revenues whatsoever
irrespective of their use or intended use of any order or judgement that may be made or
given in connection therewith).

25.3 Delayed payments

The Parties hereto agree that payments due from one Party to the other Party under the
provisions of this Agreement shall be made within the period set forth therein, and if
no such period is specified, within 30 (thirty) days of receiving a demand along with
the necessary particulars. In the event of delay beyond such period, the defaulting Party
shall pay interest forthe period of delay calculated at a rate equal to Bank Rate plus 3%
(three percent), save and except as otherwise specified in this Agreement. All interest
payment under this Agreement shall, save and except as otherwise specified, be
calculated at quarterly rests, and recovery thereof shall be without prejudice to the
rights of the Parties under this Agreement including Termination thereof.
 Page 106 of 214

25.4 Waiver

25.4.1 Waiver, including partial or conditional waiver, by either Party of any default by the
other Party in the observance and performance of any provision of or obligations under
this Agreement:

(a) Shall not operate or be construed as a waiver of any other or subsequent default hereof
or of other provisions of or obligations under this Agreement;

(b) Shall not be effective unless it is in writing and executed by a duly authorized
representative of the Party; and

(c) Shall not affect the validity or enforceability of this Agreement in any manner.

25.4.2 Neither the failure by either Party to insist on any occasion upon the performance of
the terms, conditions and provisions of this Agreement or any obligation thereunder nor
time or other indulgence granted by a Party to the other Party shall be treated or deemed
as waiver of such breach or acceptance of any variation or the relinquishment of any
such right hereunder.

25.5 Liability for review of Documents and Drawings

Except to the extent expressly provided in this Agreement:

(a) no review, comment or approval by the Authority or the Authority Engineer of any
Document or Drawing submitted by the Contractor nor any observation or inspection of
the construction of the Railway Project nor the failure to review, approve, comment,
observe or inspect hereunder shall relieve or absolve the Contractor from its
obligations, duties and liabilities under this Agreement, Applicable Laws and
Applicable Permits; and

(b) the Authority shall not be liable to the Contractor by reason of any review, comment,
approval, observation or inspection referred to in Sub-clause (a) above.

25.6 Exclusion of implied warranties etc.

This Agreement expressly excludes any warranty, condition or other undertaking

implied at law or by custom or otherwise arising out of any other agreement between
the Parties or any representation by either Party not contained in a binding legal
agreement executed by both Parties.
25.7 Survival

25.7.1 Termination shall:

(a) not relieve the Contractor or the Authority, as the case may be, of any obligations
hereunder which expressly or by implication survive Termination hereof; and

(b) except as otherwise provided in any provision of this Agreement expressly limiting the
liability of either Party, not relieve either Party of any obligations or liabilities for loss
or damage to the other Party arising out of, or caused by, acts or omissions of such Party
prior to the effectiveness of such Termination or arising out of such Termination.
 Page 107 of 214

25.7.2 All obligations surviving Termination shall only survive for a period of 3 (three) years
following the date of such Termination.

25.8 Entire Agreement

This Agreement and the Schedules together constitute a complete and exclusive
statement of the terms of the agreement between the Parties on the subject hereof, and
no amendment or modification hereto shall be valid and effective unless such
modification or amendment is agreed to in writing by the Parties and duly executed by
persons especially empowered in this behalf by the respective Parties. All prior written
or oral understandings, offers or other communications of every kind pertaining to this
Agreement are abrogated and withdrawn. For the avoidance of doubt, the Parties hereto
agree that any obligations of the Contractor arising from the Request for Proposal and
bid submissions, as the case may be, shall be deemed to form part of this Agreement
and treated as such.

25.9 Severability

If for any reason whatsoever, any provision of this Agreement is or becomes invalid,
illegal or unenforceable or is declared by any court of competent jurisdiction or any
other instrumentality to be invalid, illegal or unenforceable, the validity, legality or
enforceability of the remaining provisions shall not be affected in any manner, and the
Parties will negotiate in good faith with a view to agreeing to one or more provisions
which may be substituted for such invalid, unenforceable or illegal provisions, as nearly
as is practicable to such invalid, illegal or unenforceable provision. Failure to agree
upon any such provisions shall not be subject to the Dispute Resolution Procedure set
forth under this Agreement or otherwise.
25.10 No partnership

This Agreement shall not be interpreted or construed to create an association, joint

venture or partnership between the Parties, or to impose any partnership obligation or
liability upon either Party, and neither Party shall have any right, power or authority to
enter into any agreement or undertaking for, or act on behalf of, or to act as or be an
agent or representative of, or to otherwise bind, the other Party.

25.11 Third parties

This Agreement is intended solely for the benefit of the Parties, and their respective
successors and permitted assigns, and nothing in this Agreement shall be construed to
create any duty to, standard of care with reference to, or any liability to, any person not
a Party to this Agreement.

25.12 Successors and assigns

This Agreement shall be binding upon, and inure to the benefit of the Parties and their
respectivesuccessors and permitted assigns.

25.13 Notices

Any notice or other communication to be given by any Party to the other Party under
or in connection with the matters contemplated by this Agreement shall be in writing
and shall:
 Page 108 of 214

(a) In the case of the Contractor, be given by facsimile or e-mail and by letter delivered by
hand to the address given and marked for attention of the person set out below or to such
other person as the Contractor may from time to time designate by notice to the
Authority; provided that notices or other communications to be given to an address
outside Hyderabad may, if they are subsequently confirmed by sending a copy thereof
by registered acknowledgement due, air mail or by courier, be sent by facsimile or e-
mail to the person as the Contractor may from time to time designate by notice to the
Authority;
(b) In the case of the Authority, be given by facsimile or e-mail and by letter delivered by
hand and be addressed to the Head of the Authority with a copy delivered to the
Authority Representative or such other person as the Authority may from time to time
designate by notice to the Contractor; provided that if the Contractor does not have an
office in Hyderabad , it may send such notice by facsimile or e-mail and by registered
acknowledgement due, air mail or by courier; and
(c) Any notice or communication by a Party to the other Party, given in accordance
herewith, shall be deemed to have been delivered when in the normal course of post it
ought to have been delivered and in all other cases, it shall be deemed to have been
delivered on the actual date and time of delivery; provided that in the case of facsimile or
e-mail, it shall be deemedto have been delivered on the working day following the date
of its delivery.

25.14 Language

All notices required to be given by one Party to the other Party and all other
communications, Documentation and proceedings which are in any way relevant to
this Agreement shall be in writing and in English language.

25.15 Counterparts

This Agreement may be executed in two counterparts, each of which, when executed
and delivered, shall constitute an original of this Agreement.

25.16 Confidentiality

The Parties shall treat the details of this Agreement as private and confidential, except
to the extent necessary to carry out obligations under it or to comply with Applicable
Laws. The Contractor shall not publish, permit to be published, or disclose any
particulars of the Works in any trade or technical paper or elsewhere without the
previous consent of the Authority.

25.17 Copyright and Intellectual Property rights

25.17.1 As between the Parties, the Contractor shall retain the copyright and other Intellectual
Property rights in the Contractor’s Documents and other design documents made by
(or on behalf of) the Contractor. The Contractor shall be deemed (by signing this
Agreement) to give to the Authority a non-terminable transferable non-exclusive
royalty-free license to copy, use and communicate the Contractor’s Documents,
including making and using modifications of them. This licensee shall:

(a) apply throughout the actual or intended working life (whichever is longer) of the
relevant parts of the Works,
 Page 109 of 214

(b) entitle any person in proper possession of the relevant part of the Works to copy, use
and communicate the Contractor’s Documents for the purposes of completing,
operating, maintaining, altering, adjusting, repairing and demolishing the Works, and

(c) in the case of Contractor’s Documents which are in the form of computer programs
and other software, permit their use on any computer on the Site and other places as
envisaged by this Agreement, including replacements of any computers supplied by
the Contractor:
25.17.2 The Contractor’s Documents and other design documents made by (or on behalf of)
the Contractor shall not, without the Contractor’s consent, be used, copied or
communicated to a third party by (or on behalf of) the Authority for purposes other
than those permitted under this Clause 25.17.

25.17.3 As between the Parties, the Authority shall retain the copyright and other Intellectual
Property rights in this Agreement and other documents made by (or on behalf of) the
Authority. The Contractor may, at its cost, copy, use, and obtain communication of
these documents for the purposes of this Agreement. They shall not, without the
Authority’s consent, be copied, used or communicated to a third party by the
Contractor, except as necessary for the purposes of the contract.

25.18 Limitation of Liability

25.18.1 Neither Party shall be liable to the other Party for loss of use of any Works, loss of
profit, loss of any contract or for any indirect or consequential loss or damage which
may be suffered by the other Party in connection with this Agreement.

25.18.2 The total liability of one Party to the other Party under and in accordance with the
provisions of this Agreement, save and except as provided in Articles 21 and 23, shall
not exceed the Contract Price. For the avoidance of doubt, this Clause shall not limit the
liability in any case of fraud, deliberate default or reckless misconduct by the defaulting
Party.
 Page 110 of 214

ARTICLE 26
DEFINITIONS

26.1 Definitions

In this Agreement, the following words and expressions shall, unless repugnant to the
contextor meaning thereof, have the meaning hereinafter respectively assigned to them:

“Accounting Year” means the financial year commencing from the first day of April of any
calendar year and ending on the thirty-first day of March of the next calendar year;

“Advance Payment” shall have the meaning as set forth in Clause 17.2.1;

“Affected Party” shall have the meaning as set forth in Clause 19.1;

“Affiliate” means, in relation to either Party {and/or Members}, a person who controls, is
controlled by, or is under the common control with such Party {or Member} (as used in
this definition, the expression “control” means, with respect to a person which is a
company or corporation, the ownership, directly or indirectly, of more than 50% (fifty per
cent) of the voting shares of such person, and with respect to a person which is not a
company or corporation, the power to direct the management and policies of such person,
whether by operation of law or bycontract or otherwise);

“Agreement” means this Agreement, its Recitals, the Schedules hereto and any
amendments thereto made in accordance with the provisions contained in this Agreement;

“Applicable Laws” means all laws, brought into force and effect by GOI or the State
Government(s) including rules, regulations and notifications made thereunder, and
judgements,decrees, injunctions, writs and orders of any court of record, applicable to this
Agreement and the exercise, performance and discharge of the respective rights and
obligations of the Parties hereunder, as may be in force and effect during the subsistence
of this Agreement;

“Applicable Permits” means all clearances, licenses, permits, authorizations, no

objection certificates, consents, approvals and exemptions required to be obtained or
maintained under Applicable Laws in connection with the construction of the Railway
Project during the subsistence of this Agreement;

“Appointed Date” means that date which is later of:

(a) the 15th day from the date of signing of this Agreement,
(b) the 30th day from the date on which the Contractor has delivered the Performance
Security in accordance with the provisions of Article 7; the date on which the
Authority has provided the Right of Way and environmental and forest clearances of at
least 95% (ninety five per cent) of the core land length and 90% (ninety percent ) of the
non core land length of the Railway Project in conformity with the provisions of
Clause 4.3 and 8.2;

“Arbitration Act” means the Arbitration and Conciliation Act, 1996 and shall include
modifications to or any re-enactment thereof, as in force from time to time;

“Authority” shall have the meaning attributed thereto in the array of Parties hereinabove
as setforth in the Recitals;
 Page 111 of 214

“Authority Default” shall have the meaning as set forth in Clause 21.2;

“Authority Engineer” shall have the meaning as set forth in Clause 16.1;

“Authority Representative” means such person or persons as may be authorized in

writing by the Authority to act on its behalf under this Agreement and shall include any
person or persons having authority to exercise any rights or perform and fulfil any
obligations of the Authority under this Agreement;

“Bank” means a Nationalized bank incorporated in India when a Bank Guarantee for
Advance Payment (Clause 17.2) is to be submitted and a Scheduled Commercial Bank
incorporated in India for all other purposes, or any other bank acceptable to the Authority;

“Bank Rate” means the rate of interest specified by the Reserve Bank of India from time
to time in pursuance of section 49 of the Reserve Bank of India Act, 1934 or any
replacement of such Bank Rate for the time being in effect;

“Base Month” means the month just prior to Bid Due Date month. The Quarter for
applicabilityof price adjustment shall be commence from next month after Base Month;

“Bid” means the documents in their entirety comprised in the bid submitted by the
selected bidder/Consortium in response to the Request for Proposal in accordance with the
provisions thereof;

“Bid Security” means the bid security provided by the Contractor to the Authority in
accordance with the Request for Proposal, and which is to remain in force until substituted
by the Performance Security;
“Change in Law” means the occurrence of any of the following after the Base Month:

(a) the enactment of any new Indian law;

(b) the repeal, modification or re-enactment of any existing Indian law;
(c) the commencement of any Indian law which has not entered into effect until the Base
Month;
(d) a change in the interpretation or application of any Indian law by a judgement of a court
of record which has become final, conclusive and binding, as compared to such
interpretation or application by a court of record prior to the Base Month; or
(e) any change in the rates of any of the Taxes or royalties that have a direct effect on the
Project;

“Change of Scope” shall have the meaning as set forth in Article 13;

“Change of Scope Notice” shall have the meaning asset forth in Clause 13.2.1; “Change of

Scope Order” shall have the meaning asset forth in Clause 13.2.4; “Completion Certificate”

shall have the meaning as set forth in Clause 12.4;

“Consortium/Joint Venture” means the Consortium/Joint Venture of entities which have

formed a consortium/joint venture for implementation of this Project;

“Construction” shall have the meaning as set forth in Clause 1.2.1 (f);
 Page 112 of 214

“Construction Period” means the period commencing from the Appointed Date and ending
on the date of the Completion Certificate;

“Contract Price” means the amount as specified in Clause 17.1.1;

“Contractor” shall have the meaning attributed thereto in the array of Parties hereinabove as
set forth in the Recitals;

“Contractor Default” shall have the meaning as set forth in Clause 21.1;

“Core Land” means the part of Land essentially needed to open & operationalize the mainline
for traffic including the Land required for laying the mainline tracks and its Signalling/
Telecom/ Overhead Electrification/ Power Supply Installations, Operational Buildings(station
building, huts, gumties etc), as shown in item No. 3(a) of Annexure-I of Schedule-A;

“Cure Period” means the period specified in this Agreement for curing any breach or default
of any provision of this Agreement by the Party responsible for such breach or default and shall:

(a) commence from the date on which a notice is delivered by one Party to the other Party
asking the latter to cure the breach or default specified in such notice;

(b) not relieve any Party from liability to pay Damages or compensation under the
provisions of this Agreement; and

(c) not in any way be extended by any period of Suspension under this Agreement; provided
that if the cure of any breach by the Contractor requires any reasonable action by the
Contractor that must be approved by the Authority or the Authority Engineer hereunder,
the applicable Cure Period shall be extended by the period taken by the Authority or the
Authority Engineer to accord their approval;

“Damages” shall have the meaning as set forth in paragraph (w) of Clause 1.2.1;

“Defect” means any defect or deficiency in Construction of the Works or any part thereof,
which does not conform with the Specifications and Standards;

“Defects Liability Period” shall have the meaning as set forthin Clause 15.1;

“Dispute” shall have the meaning as set forth in Clause 24.1.1;

“Dispute Resolution Procedure” means the procedure for resolution of Disputes as set forth
in Article 24;

“Drawings” means all of the drawings, calculations and documents pertaining to the Railway
Project as set forth in Schedule-H, and shall include ‘as built’ drawings of the Railway Project;

“Document” or “Documentation” means documentation in printed or written form, or in

tapes, discs, drawings, computer programmes, writings, reports, photographs, films, cassettes,
or expressed in any other written, electronic, audio or visual form;

“Emergency” means a condition or situation that is likely to endanger the safety or security of
the individuals on or about the Railway Project, including Users thereof, or which poses an
immediate threat of material damage to the Works or any of the Project Assets;
 Page 113 of 214

“Encumbrances” means, in relation to the Railway Project, any encumbrances such as

mortgage, charge, pledge, lien, hypothecation, security interest, assignment, privilege or
priority of any kind having the effect of security or other such obligations, and shall include
any designation of loss payees or beneficiaries or any similar arrangement under any insurance
policy pertaining to the Railway Project, where applicable herein but excluding utilities referred
to in Clause 9.1;
“EPC” means engineering, procurement and construction;

“Final Payment Certificate” shall have the meaning as set forth in Clause 17.12.1;

“Final Payment Statement” shall have the meaning as set forth in Clause 17.10.1;

“Force Majeure” or “Force Majeure Event” shall have the meaning ascribed to it in Clause
19.1;

“GAD” or “General Arrangement Drawings” shall have the meaning as set forth in Clause
4.1.3 (c);]

“GOI” or “Government” means the Government of India;

“Good Industry Practice” means the practices, methods, techniques, designs, standards, skills,
diligence, efficiency, reliability and prudence which are generally and reasonable.
expected from a reasonably skilled and experienced contractor engaged in the same type of
undertaking as envisaged under this Agreement and which would be expected to result in the
performance of its obligations by the Contractor in accordance with this Agreement,
Applicable Laws and Applicable Permits in reliable, safe, economical and efficient manner;

“Government Instrumentality” means any department, division or sub-division of the

Government or the State Government and includes any commission, board, authority, agency
or municipal and other local authority or statutory body, including panchayat, under the control
of the Government or the State Government, as the case may be, and having jurisdiction over
all or any part of the Railway Project or the performance of all or any of the services or
obligations of the Contractor under or pursuant to this Agreement;

“IEEMA” means Indian Electrical and Electronics Manufacturers Association

“Important Bridge” means a bridge having a linear waterway of 300 metres or a total water
way of 1000 sqm or more;

“Indemnified Party” means the Party entitled to the benefit of an indemnity pursuant to
Article23 ;

“Indemnifying Party” means the Party obligated to indemnify the other Party pursuant to
Article 23;

“Indirect Political Event” shall have the meaning as set forth in Clause 19.3;

“Insurance Cover” means the aggregate of the maximum sums insured under the insurances
taken out by the Contractor pursuant to Article18, and includes all insurances required to be
taken out by the Contractor under Clauses 18.1 and 18.9 but not actually taken, and when used
in the context of any act or event, it shall mean the aggregate of the maximum sums insured
and payable or deemed to be insured and payable in relation to such act or event;
 Page 114 of 214

“Intellectual Property” means all patents, trade marks, service marks, logos, get-up, trade
names, internet domain names, rights in designs, blue prints, programmes and manuals,
drawings, copyright (including rights in computer software), database rights, semi-conductor,
topography rights, utility models, rights in know-how and other intellectual property rights,
ineach case whether registered or unregistered and including applications for registration, and
allrights or forms of protection having equivalent or similar effect anywhere in the world;

“Interim Payment Certificate” or “IPC” means the interim payment certificate issued by the
Authority Engineer for payment to the Contractor in respect of Contractor’s claims for payment
raised in accordance with the provisions of this Agreement;

“LOA” or “Letter of Acceptance” means the letter of acceptance referred to in Recital (D);

“Maintenance Manual” shall have the meaning ascribed to it in Clause 10.6;

“Major Bridge” means a bridge having a linear waterway of 18 metres or more or which has
a clear opening of 12 metres or more in spans;

“Manuals” shall mean the manuals specified in Schedule-D;

“Material Adverse Effect” means a material adverse effect of any act or event on the ability
of either Party to perform any of its obligations under and in accordance with the provisions of
this Agreement and which act or event causes a material financial burden or loss to either Party;

“Materials” are all the supplies used by the Contractor for incorporation in the Works or for
the maintenance of the Railway Project;

“Minor Bridge” means a bridge having a linear waterway of less than 18 metres or which has
a clear opening of less than 12 metres in any one span;

“Non-Core Land” means the Land required for the project line other than the Core-Land, as
shown in item No. 3(b) of Annexure-I of Schedule-A;

“Non-Political Event” shall have the meaning as set forth in Clause 19.2;

“Parties” means the parties to this Agreement collectively and “Party” shall mean any of the
parties to this Agreement individually;

“Performance Security” shall have the meaning as set forth in Clause 7.1;

“Plant” means the apparatus and machinery intended to form or forming part of the Works;

“Political Event” shall have the meaning as set forth in Clause 19.4;

“Power Block” means the length of the railway line between two railway stations, on which
the overhead equipment (OHE) is de-energized and earthed to enable the Contractor to execute
construction or maintenance works;

“Programme” shall have the meaning as set forth in Clause 10.1.3;

“Project” means the construction and maintenance of the Railway Project in accordance with
the provisions of this Agreement, and includes all works, services and equipment relating to or
in respect of the Scope of the Project;

“Project Assets” means all physical and other assets relating to (a) tangible assets such as
 Page 115 of 214

civil works and equipment including foundations, embankments, pavements, road surface,
interchanges, bridges, culverts, road over-bridges, drainage works, traffic signals, sign boards,
kilometre-stones, electrical systems, communication systems, rest areas, relief centres,
maintenance depots and administrative offices; and (b) Project Facilities situated on the Site;

“Project Completion Date” means the date on which the last Completion Certificate is issued;

“Project Completion Schedule” means the progressive Project Milestones set forth in
Schedule-I for completion of the Railway Project on or before the Scheduled Completion Date;

“Project Facilities” means all the amenities and facilities to be constructed on the Site, as
described in Schedule-C;

“Project Milestone” means the project milestone set forth in Schedule-I and includes the
Scheduled Completion Date;

“Proof Consultant” shall have the meaning as set forth in Clause 10.2.2;

“Provisional Certificate” shall have the meaning as set forth in Clause 12.2;

“Punch List”shall have the meaning as set forth in Clause 12.2.1;

“Quality Assurance Plan”or“QAP”shall have the meaning as set forth in Clause 11.2.1;

“Railway Project” means the Works specified in this Agreement on the railway line between
Mahabubnagar – Dhone section of SC Railway.

“Re.”, “Rs.”or“Rupees”or“Indian Rupees” means the lawful currency of the Republic of

India;

“Request for Proposals” or“RFP”shall have the meaning as set forth in Recital ‘C’;
“Retention Money” shall have the meaning set forth in Clause 7.5.1;

“Right of Way” means the constructive possession of the Site free from encroachments and
encumbrances, together with all way leaves, easements, unrestricted access and other rights of
way, howsoever described, necessary for construction of the Railway Project in accordance
with this Agreement;

“RINL” means Rashtriya Ispat Nigam Limited

“Safety Consultant” shall have the meaning as set forth in clause 10.2.11

“Scheduled Completion Date” shall be the date as set forth in Clause 10.3.1;

“Scope of the Project” shall have the meaning as set forth in Clause 2.1;

“Section” means the portion of the railway line between two block stations;

“Site” shall have the meaning as set forth in Clause 8.1;

“Specifications and Standards” means the specifications and standards relating to the quality,
quantity, capacity and other requirements for the Railway Project, as set forth in Schedule-D,
and any modifications thereof, or additions thereto, as included in the design and engineering
for the Railway Project submitted by the Contractor to, and expressly approved by, the
Authority;
 Page 116 of 214

“Stage Payment Statement” shall have the meaning as set forth in Clause 17.4;

“Structures” means an elevated railway line or a flyover, as the case may be;

“Sub-contractor” means any person or persons to whom a part of the Works has been
subcontracted by the Contractor and the permitted legal successors in title to such person, but
not an assignee to such person;

“Suspension” shall have the meaning as set forth in Article 20;

“Taxes” means any Indian taxes including excise duties, customs duties, value added tax, sales
tax, local taxes, cess and any impost or surcharge of like nature (whether Central, State or
local) on the goods, Materials, equipment and services incorporated in and forming part of the
Railway Project charged, levied or imposed by any Government Instrumentality, but
excluding any interest, penalties and other sums in relation thereto imposed on any account
whatsoever. For the avoidanceof doubt, Taxes shall not include taxes on corporate income;

“Termination” means the expiry or termination of this Agreement;

“Termination Notice” means the communication issued in accordance with this Agreement by
one Party to the other Party terminating this Agreement;

“Termination Payment” means the amount payable by either Party to the other upon
Termination in accordance with Article 21;

“Terms of Reference” or “TOR” shall have the meaning as set forth in Clause 16.2.1;

“Tests” means the tests set forth in Schedule-J to determine the completion of Works in
accordance with the provisions of this Agreement;

“Time Extension” shall have the meaning as set forth in Clause 10.4.1;

“Traffic Block” means the length of railway line between two railway stations, on which traffic
is blocked with or without OHE being de-energized to enable construction or maintenance
works to be undertaken.

“User” means a person who travels or intends to travel on the Railway Project or any part
thereof on any train or vehicle;

“Valuation of Unpaid works” shall have the meaning as set forth in Clause 21.5.1;

“Works” means all works including survey and investigation, design, engineering,
procurement, construction, Plant, Materials, temporary works and other things necessary to
complete the Railway Project in accordance with this Agreement; and

“WPI” means the wholesale price index for various commodities as published by the Ministry
of Commerce and Industry, GOI and shall include any index which substitutes the WPI, and
any reference to WPI shall, unless the context otherwise requires, be construed as a reference
to the WPI published for the period ending with the preceding month.
 Page 117 of 214

IN WITNESS WHEREOF THE PARTIES HAVE EXECUTED AND DELIVERED

THIS AGREEMENT AS OF THE DAY, MONTH AND YEAR FIRST ABOVE
WRITTEN.

SIGNED, SEALED AND DELIVERED SIGNED, SEALED AND DELIVERED

For and on behalf of For and on behalf of THE CONTRACTOR by

South Central Railway by:

(Signature) (Name) (Designation)

In the presence of:

1.

2.

{COUNTERSIGNED and accepted by:

Name and particulars of other members of the

Consort

(Signature) (Name)

(Designation)
 Page 118 of 214

SCHEDULE
 Page 119 of 214

SCHEDULE - A
(See Clauses 2.1 and 8.1)
SITE OF THE PROJECT

1 The Site

1.1 Site of the Railway Project shall include the land, buildings, structures and track works
as described in Annex-I of this Schedule-A.

1.2 The dates of handing over Right of Way to the Contractor are specified in Annex-II of
this Schedule-A.

1.3 An inventory of the Site including the land, buildings, structures, track works, trees and
any other immovable property on, or attached to, the Site shall be prepared jointly by
the Authority’s Representative and the Contractor, and such inventory shall form part
of the memorandum referred to in Clause 8.2.1 of this Agreement.

1.4 The alignment plans of the Railway Project are specified in Annex-III.

1.5 The status of the environment clearances and forest clearances obtained or awaited is
given in Annex IV.
 Page 120 of 214

Annex - I
(Schedule-A)
EXISTING DETAILS OF IMPORTANT BRIDGES
1. Site

The Site of the Railway Project comprises the location of 5 important Bridges between Km:165
and Km:245 between Perur and Dupadu stations on Mahabubnagar-Dhone section in the States of
Telangana & Andhra Pradesh in Hyderabad division of South Central Railway. The land and
other structures comprising the Site are described below

2. Route Length
The route length of the Railway Project comprises the section as described below:

Name Start End Remarks

Name of Length (Km)
S of Chainage Chainage
Location
N Locatio (Km) (Km)
To
n From
1 Br. No.353 over 165.257 165.501 0.244 Kms Bridges in
Mareddypalli vagu (Bridge portion= 0.204 Km + Doubling are
at Ch.165379.0m 20m Approach on either side) proposed
parallel to
2 Br. No.375 over 173.361 173.685 0.324Kms existing bridges
Okachetty vagu at (Bridge portion= 0.284 Km
Ch.173523.0m + 20m Approach on either
side)

3 Br. No.398 over 181.564 182.504 0.940Kms

Krishna river at (Bridge portion= 0.900 Km
Ch.182034.00m + 20m Approach on either
side)

4 Br. No. 442 over 240.945 241.885 0.940Kms

Tungabhadra river (Bridge portion= 0.900 Km
at Ch: 241415.0m + 20m Approach on either
side)

5 Bridge No. 450 244.226 244.468 0.242 Kms

over Handrineeva (Bridge portion= 0.202 Km
river at ch. + 20m Approach on either
244347.30 m side)

3(a) Core Land

Right of way will comprise adequate land width for executing the project on which the
“Engineering, Procurement & Construction (EPC) Contract in connection with Proposed
 Page 121 of 214

Doubling of MBNR-DHNE section - Proposed Construction of Important Bridges (i) Bridge

No.353 over Mareddypallivagu at Ch.165379.00m with 15x12.20mClear span PSC Slab,
(ii)Bridge No.375 over Okachettyvagu at Ch.173523.00m with 21x12.20m Clear span PSC
Slab (iii) Bridge No.398 over Krishna river at Ch.182034.0m with 34x24.40m Clear span
PSC Box Girder (iv) Bridge No. 442 over Tungabhadra river at Ch. 241415.0mwith
45x18.30 mtrs clear span with PSC U girder and (v) Bridge No. 450 over Handrineeva river at
Ch. 244347.30m with 14x12.20 mtrs clear span with PSC slab including earth work on
approaches of the bridges, bridge protective works and other miscellaneous works in
Hyderabad Division of SCR in the state of Telangana” is located as per conceptual
alignment plan enclosed with the tender document. In case of dispute, A uthority Engineer’s
decision will be final. The site of the Railway Project comprises the land described below:
[Link].353

Land Width
SN Village Name Chainage, m
in m
From To
1 Wanaparthi 165257.00 165277.00 32.15
(SC end)
2 River 165277.00 165481.00 120
3 Wanaparthi 165481.00 165501.00 28.96
(Dhone end)

[Link].375

SN Village Name Chainage

Land Width in
From To m
1 Ajjakollu 173361.00 173381.00 41.86
(SC end)
2 River 173381.00 173665.00 120
3 Ajjakollu 173665.00 173685.00 31.40
(Dhone end)

[Link].398

SN Village Name Chainage

Land Width in
From To m
1 Arepalli 181564.00 181584.00 44.82
(SC end)
2 River 181584.00 182484.0 120
0
3 Mulkalapalli 182484.00 182504.00 33.69
(Dhone
end)

[Link].442
 Page 122 of 214

SN Village Name Chainage

Land Width in
From To m
1 Kurnool 240945.00 240965.00 65.22
(SC end)
2 River 240965.00 241865.00 120
3 Kurnool 241865.00 241885.00 55.47
(Dhone end)

[Link].450

Land Width in
SN Village Name Chainage
m
From To LHS
1 Kurnool 244226.00 244246.00 44.49
(SC end)
2 River 244246.00 244448.00 120
3 Kurnool 244448.00 244468.00 44.49
(Dhone end)

(b) Non-Core Land

The Site of the Railway Project comprises the land described below:

SN Name Name of Start End Land Remarks

of Location To Chainage Chainage Width(m)
Location (Km) (Km)
From
-Nil-

4. Details of existing structures and facilities on adjoining railway track

4.1 Permanent Way.
Details of the Permanent Way on the Right of Way are:

S. No. of Km. Km. To Route Minimum & Remarks

No Railway From Km. Maximum
Line/s Implantation (if
electrified)
1 Single 0.244 New Bridges are Br.353
165.257 165.501 proposed 15.0m
Single away from the
2 173.361 173.685 0.324 Br.375
existing bridges at
Single all the five
3 181.564 182.504 0.940 locations. Hence, Br.398
Single there will not be
4 240.945 241.885 0.940 any infringement Br.442
Single of existing OHE to
5 244.226 244.468 0.242 the proposed Br.450
 Page 123 of 214

work.

4.2 Important Bridges

The Site includes the following Important Bridge under existing Single line:

Bridge Type of Structure

SN No. of Spans Linear Distance
No. &
Foundat Substructure Superstructure with Span Length Water from the
Location
ion (m) way (m) proposed
(Km)
bridge
[Link].353 Mass 4x6.10m RCC 15 m
Open concrete RCC slab Slab 204
1 At Km & PSC
165.379 Abutment / +10x12.20m PSC
Pier Girder Girder + 6x6.10m
RCC Slab
[Link].375 Mass 15 m
Open concrete PSC Box 284
2 At Km Girder 21 x12.20 m
173.523 Abutment /
Pier
[Link].398 Mass 15 m
Open concrete Steel 900
3 At Km girder 34 x 24.40 m
182.034 Abutment /
Pier
4 [Link].442 Open Mass 45 x 18.30 m 900 15m
concrete Steel
At Km
Abutment / girder
241.415
Pier
5 [Link].450 Open Mass PSC 14 x 12.98m 202 15m
concrete Girder
At Km
244.347 Abutment /
Pier
4.2.1 TBM AT BRIDGE LOCATIONS

Bridge No. & Location GTS

SN Chainage in m Elevation Remarks
BM
Station
name
[Link].353
1 over Mareddypalli Vagu 165635.576 326.252 -
S-22
[Link].375
2 over Okachetty Vagu 173653.129 305.335 -
R-121
[Link].398
3 over Krishna River 181559.426 288.677 -
R-137
4 Br. No. 442 over Tungabhadra river R-188
240950.81 282.023 -
5 Bridge No. 450 over Hundri Neeva R-195
244434.13 282.023 -
river
 Page 124 of 214

4.3 Major Bridges: Nil

4.4 Minor Bridges/Culverts: Nil

4.5 Tunnels: Nil

4.6 Railway Flyovers: Nil

4.7 Road under-bridges (RUB)/(ROB): Nil

4.8 Railway level crossings: Nil

4.9 Railway stations on Railway Project: Nil

The Site includes the following railway stations on either side.

Sl. Bridge No. Station on MBNR side Station on DHNE

No. side
1 [Link].353 KAUKUNTLA WANAPARTI
ROAD
2 [Link].375 AJJAKOLLU SRIRAMNAGAR

3 [Link].398 AREPALLI GADWAL

4 [Link].442 ALAMPUR ROAD KURNOOL CITY

5 [Link].450 KURNOOL CITY DUPADU

4.10 Railway yards: Nil

4.11 Foot over bridges on Railway Project: Nil

4.12 Transmission lines crossing the Right of Way: Nil

4.13 Underground power line crossing the Right of Way: Nil

4.13.1 Non-Railway utilities (Way Leave facilities)

No diversion of any way leave is involved as per existing conditions; however, the Contractor
shall take due care to protect existing way leave facilities and any damage caused to any
facility during working of Contractor either in the presence or absence of Railway
Representative, shall be the sole responsibility of the Contractor and any repair, damage claim
whatsoever made by the owner of facility shall be settled by the Contractor and no claim on
this account under any circumstances will be entertained by the Railway.
 Page 125 of 214

4.13.2 Detection of hidden utilities

Although utmost care has been taken to detect all existing utilities and list them in the
document, the possibility of any hidden utility remaining untraced can not be ruled out.
Therefore, contractor on taking over land from railways shall carry out a survey using ground
penetrating radar or any other similar equipment to trace all such utilities which may require
shifting for execution of project activity(ies) and are not mentioned in this document. He shall
bring existence of all such utilities to the notice of the authority engineer immediately and
consequently take further action as advised by the authority engineer and as per conditions of
this document.

4.14 Signalling Infrastructure: Nil

4.15 Telecommunication Infrastructure: Nil

Annex - II
 Page 126 of 214

(Schedule-A)
Dates for providing Right of Way:

The following are complete details of the Right of Way showing the dates on which the
Authority shall provide the different sections of the Right of Way to the Contractor:

Distance of Railway
From Length Boundary from C/L of Date of
Sl. No km to (Km) Exg line (in m) providing
km Right Left Right of Way
Hand Hand
Side Side
1 2 3 4 5 6
Part A:
[Link].353 Km.165.257 0.244 As required by the Within 15 (fifteen)
95% (ninety five to Railways days of the
Percent of the core Km.165.501 signing of the
land length and 90 % Agreement or
(ninety percent) of the within 30(thirty)
non core length of the days of the date
Project, under Clauses of receiving the
4.1.3 read with Clauses Performance
8.2 and 8.3 of the Security from the
Agreement Contractor,
whichever is later.
Bridge No. 375 Km.173.361 to 0.324 As required by the
95% (ninety five Km.173.685 Railways Within 15 (fifteen)
Percent of the core days of the signing
land length and 90 % of the Agreement or
(ninety percent) of the within 30 (thirty)
non core length of the days of the date of
Project, under Clauses receiving the
4.1.3 read with Clauses Performance
8.2 and 8.3 of the Security from the
Agreement Contractor,
whichever is later.
Bridge No. 398 Km.181.564 to 0.940 As required by the
95% (ninety five Km.182.504 Railways Within 15 (fifteen)
percent of the core days of the signing
land length and 90 % of the Agreement or
(ninety percent) of the within 30 (thirty)
non core length of the days of the date of
Project, under Clauses receiving the
4.1.3 read with Clauses Performance
8.2 and 8.3 of the Security from the
Agreement Contractor,
whichever is later.
 Page 127 of 214

Bridge No. 442 Km.240.945 to 0.940 As required by the Within 15 (fifteen)

95% (ninety five Km.241.885 Railways days of the signing
percent of the core of the Agreement
land length and 90 % or within 30(thirty)
(ninety percent) of the days of the date of
non core length of the receiving the
Project, under Clauses Performance
4.1.3 read with Clauses Security from the
8.2 and 8.3 of the Contractor,
Agreement whichever is later.
Bridge No. 450 Km.244.226 to 0.242 As required by the Within 15 (fifteen)
95% (ninety five Km.244.468 Railways days of the signing
percent of the core of the Agreement
land length and 90 % or within 30 (thirty)
(ninety percent) of the days of the date of
non core length of the receiving the
Project, under Clauses Performance
4.1.3 read with Clauses Security from the
8.2 and 8.3 of the Contractor,
Agreement whichever is later.
Total length 2.690 Km

Part B:
Balance of the Right of Way not covered in Part-A above (within 180 days from the Appointed
Date)
--NIL-
-
 Page 128 of 214

Annex - III
(Schedule-A)
Plan and Profile

1.0 The proposed alignment plan, L-sections, tentative GADs of the Railway Project Line are
attached. This is based on survey conducted by the Authority. The Contractor shall verify
alignment plan, L-sections, GADs for ensuring technical feasibility within the Right of Way
boundaries. (Any deviation positive/ negative from the enclosed Approved Alignment plan,
L- section be treated as Change of L-section). Read para No. 1.18 of Schedule -B
Annexure-I regarding change of scope
2.0 Alignment Plans and other drawings
(1) The Contractor shall verify & revalidate all relevant factors which could have an impact
on the Design and construction of the earthwork & bridge works including but not limited to
the topography, subsurface conditions, ground water levels, Temporary Works, dewatering,
drainage, climatic conditions, the availability or lack of access, working space, storage,
accommodation, restrictions imposed by the existing Indian Railways Tracks, the proximity of
adjoining structures and roads, the local regulations regarding the obstruction of public
highways and any other limitations imposed by the site and its surroundings, for the
satisfactory completion of Works meeting with performance requirements in the stipulated
time.
(2) It will be presumed that Contractor has taken note of all effects of these constraintson
his construction operations to ensure on-time completion of the Works.
(3) No claim by the Contractor on the grounds of lack of foresight or knowledge of the site
conditions or any unknown parameters shall be considered.
(4) The Permanent Works shall not infringe the Indian Railway schedule of dimensions
and land boundary limits provided by Railways.
(5) If the definitive design requires additional land over and above that already set out, the
Contractor will inform the Engineer.
(6) The Geotechnical Investigation data to be carried out by the Contractor fordevelopment of
his Technical Design at his own cost. No claim shall be entertained in this regard .

3.0 List of drawings/Plans:

The tentative drawings of proposed Structures are attached as per following table. All the
Drawings of the proposed structures as shown in this list are tentative /indicative/reference
drawings based on Preliminary Surveys by Railways. Final Surveys are to be conducted by the
Contractor. Detailed Design and Drawings to be prepared and got approved from Railways
before execution as per design procedure described in relevant clauses of this document: -
 Page 129 of 214

S.N Bridge Description of Drawing No

o No Drawing
1 Br 353 Alignment plan [Link]/C-I/SC/Br.353/Alg-2024
L-section [Link]/C-I/SC/LS/165-170/2024
GAD [Link]/C-I/SC/Br.353/GAD-2024
2 Br.375 Alignment plan [Link]/C-I/SC/Br.375/Alg-2024
L-section [Link]/C-I/SC/LS/170-175/2024
GAD [Link]/C-I/SC/Br.375/GAD-2024
3 Br.398 Alignment plan [Link]/C-I/SC/Br.398/Alg-2024
L-section [Link]/C-I/SC/LS/180-185/2024
GAD [Link]/C-I/SC/Br.398/GAD-2024
4 Br.442 Alignment plan [Link]/C-I/SC/Br.442/Alg-2024
L-section [Link]/C-I/SC/LS/240-245/2024
GAD [Link]/C-I/SC/Br.442/GAD-2024
5 Br.450 Alignment plan [Link]/C-I/SC/Br.450/Alg-2024
L-section [Link]/C-I/SC/LS/240-245/2024
GAD [Link]/C-I/SC/Br.450/GAD-2024

3.1 Tentative GADs of all the 5 bridges are enclosed. The Agency has to carry out necessary soil
investigations and other site investigations and submit final GADs for approval of competent
authority. The proposed bridges shall be located at a minimum distance of 15m from center line of
existing bridge. The Agency has to submit structural designs, drawings of RCC foundations, RCC
sub-structure, bed blocks, bearings , superstructure ( in case of Non – RDSO drawings) for the
approval of Authority. Standard RDSO/Zonal Railway drawings shall be used for super structure,
wherever applicable . The list of standard RDSO drawings to be adopted are mentioned below
(Bridge wise)

Sl. Bridg
RDSO Drg. Nos. Description of Drg.
No. e No.
1 353 RDSO/B-10271 series along with General Arrangement
GM(W)SC/BR/TR/RCC/STD/150/2020 & Cable Profile Details
for revised RCC Ballast Retainer of 12.20m PSC Slab
2 375 RDSO/B-10271 series along with General Arrangement
GM(W)SC/BR/TR/RCC/STD/150/2020 & Cable Profile Details
for revised RCC Ballast Retainer of 12.20m PSC Slab
3 398 Contractor has to be submit PSC Box -
girder super structure design &
Drawings with a deck width of 5.15 m
4 442 Contractor has to be submit PSC- U- -
girder super structure design &
Drawings with a deck width of 5.15 m
5 450 RDSO/B-10271 series along with General Arrangement
GM(W)SC/BR/TR/RCC/STD/150/2020 & Cable Profile Details
for revised RCC Ballast Retainer of 12.20m PSC Slab
 Page 130 of 214

6 In addition to the above , the agency has to submit structural designs &
drawings for gap slabs and other structural elements wherever applicable .
 Page 131 of 214

Annex - IV
(Schedule-A)
Environment Clearances and Forest Clearances

1. Environment clearances and Forest Clearances

No prior environmental clearance is required for this railway project since Railway Projects are
not included in SO 1533 published in the Gazette of India, Extraordinary, Part-II, and Section 3,
Sub-section (ii) by MOEF on 14th September, 2006. No permits/clearances are required.

-----------------------------------------------------------------------------------------------------------
 Page 132 of 214

SCHEDULE - B
(See Clause 2.1)

Development of the Railway Project

Development of the Railway Project shall include design and construction of the Railway
Project as described in Annex-I to this Schedule-B and in Schedule-C with specifications and
standards as mentioned in Schedule-D.
 Page 133 of 214

Annex - I
(Schedule-B)
Description of Railway Project

Description of Railway Project:

The project consists of “Engineering, Procurement & Construction (EPC) Contract in connection
with Proposed Doubling of MBNR-DHNE section - Proposed Construction of Important Bridges (i)
Bridge No.353 over Mareddypallivagu at Ch.165379.00m with 15x12.20mClear span PSC Slab,
(ii)Bridge No.375 over Okachettyvagu at Ch.173523.00m with 21x12.20m Clear span PSC Slab
(iii) Bridge No.398 over Krishna river at Ch.182034.0m with 34x24.40m Clear span PSC Box
Girder (iv) Bridge No. 442 over Tungabhadra river at Ch. 241415.0mwith 45x18.30 mtrs clear span
with PSC U girder and (v) Bridge No. 450 over Handrineeva river at Ch. 244347.30m with 14x12.20
mtrs clear span with PSC slab including earth work on approaches of the bridges, bridge protective
works and other miscellaneous works in Hyderabad Division of SCR in the state of Telangana”. It is
intended to design & construct the bridges with at a maximum speed of 130 Kmph with formation,
track & bridges to be fit for 25 tonnes of axle loading.

The data and information related to L-section/Geo technical data provided are indicative and for
guidance only. These should be rechecked, verified and modified by conducting site investigation to
suit the site conditions. Site investigation should include but not limited to topographical survey etc.
Any change on account of existing ground conditions mentioned in L-Sections/Alignment/Esps shall
not be considered as change of scope. For avoidance of doubt, it is clarified that the existing ground
conditions are to be validated by bidders before bid and hence no change on this account is payable.
(As per Amendment No.7 Dt: 01.03.24)

The scope of the works to be performed under this contract broadly include :

 Conducting detailed geo technical investigations at each bridge location

 Preparation of GADs ( General Alignment Drawings) for all the 5 bridges considering the
tentative GADs enclosed along with this document as general guidance , duly incorporating
Geo tech investigations .
 Submitting RSI analysis along with GADs.
 Preparation & submission of DBR ( Design basis report) in terms of BS – 122(R1)-August-
2022 for all the 5 bridges for approval of CBE /SCR
 Maintain the proposed Rail level at each bridge location , as shown in the tentative GAD, L-
section, until unless the same can’t be maintained to satisfy codal provisions .
 Submission of structural designs & drawings for RCC foundations , RCC substructure , bed
blocks, bearings , PSC superstructure ( in case of Br 398, 442), launching schemes .
 Construction of bridges across running rivers/ streams including launching of Pre-cast
elements, as per the approved launching schemes.
 Partial Dismantling of existing wing walls/ Return walls while constructing new bridges.
 Conducting load tests as a part of acceptance criteria
 Conducting all mandatory quality control tests during the course of execution (as
stipulated in manuals/ approved drawings)
 Preparation of completion (As built Drawings) drawings
 Execution of earth work on approaches for 20 m length on either side at each bridge.
 Execution of Bridge protective works like stone pitching (as per para 205 of IRBM)for 20 m
length on either side at all the five bridges along with RCC Toe wall.
 Page 134 of 214

 300 mm thick Rough Stone flooring covering entire length of bridge in between wing walls of
new bridge on 150 mm thick PCC-[Link] bed for [Link].353 only.
 Repairs to flooring of existing bridge No. Br.353
 Painting of HFL, DL, Flood gauge level, Erecting Foundation plaque, Name boards at each
bridge in terms of para 203 of IRBM.
 Making permanent arrangements for regular inspection of bridges like inspection ladders, foot
path, RCC inspection platforms around bedblocks for inspection of bearings, trolley/safety
refuges.
 And other Miscellaneous works

All the chainage lengths as indicated below are indicative & approximate.

General:
i) Site surveys and investigations: The Contractor has to carry out the validation of data
provided by the Authority and take up additional surveys, if considered necessary. The Surveys
include traverse survey, topographic survey, centre line survey, geotechnical investigations etc.
The Contractor shall establish horizontal and vertical control system including benchmarks.
After approval of the plans by the Authority, the horizontal alignment of the staking and setting
out of all other works has to be carried out by the Contractor.
ii) Geo technical investigations have to be carried out at each and every pier/abutment for all the
important bridges, so as to decide the scour depth and depth of foundation. The same shall be
carried out in accordance with IS 1892 and IRS Bridge sub-structures and foundation code.
iii) All excavated materials from the site is deemed to be the property of the Contractor. The
excavated material suitable for embankment or any other works shall be used by the Contractor
at site. The remaining surplus earth/stones to be disposed by the Contractor away from the
Railway boundary.
iv) Since the new bridges have to be constructed by the side of existing bridges, no blasting will be
allowed for foundation excavations.

1. Construction of Civil and Track Works

1.1 Operational Requirements

1.1.1 The Permanent Way shall be single line and designed to permit the Authority to operate
satisfactorily at a maximum design speed of 130 km/h. All the bridges and formation shall be
constructed for IRS 25T-2008 loading standard. Track shall be constructed for an axle load of 25T.
All the bridges shall be constructed to facilitate continuing long welded rails(LWR) over them. In
case, if it is not possible to do so , the same should be supported with RSI analysis and approval of
Authority should be taken at the time of taking approval of GADs

1.2 Alignment

1.2.1 The alignment of the Railway Project shall be as per the alignment plans given in Schedule A,
Annex III. The Contractor is required to review and revalidate Alignment , L section & GADs for
technical feasibility.

1.3 Geometric design and general features

1.3.1 Geometric design, gradients, curves and all other general features of the Railway Project shall be in
accordance with provisions of the Indian Railway Permanent Way Manual.
 Page 135 of 214

1.3.2 The formation level at various chainages along the alignment is indicated in the project sheets. These
shall be verified and corrected by the Contractor in the final alignment design in conformity with the
Specification and Standards specified in the Permanent Way Manual.

1.4 Bridges

1.4.1 All bridges shall be designed and constructed in accordance with the design standards and
specifications as per codes and manuals specified in Schedule-D. Minimum width of RCC/PSC
deck slab/girder bridges is 5.15 m inside retainers.

Use of RDSO standard drawings if available, shall be preferred. As far as possible the new bridges
should have RDSO standard spans and RDSO standard drawings for railway loading standard. For
intermediate span/height, structural design details for immediately higher span/height configuration
shall be adopted. Contractor shall provide RDSO standard design of the box as indicated in the
scope of work. The Contractor should give reasons in writing to the Authority Engineer wherever
Standard RDSO drawing cannot be used, subject to approval of Authority Engineer. Contractor may
propose suitable alternate structure, while conforming to relevant codes, stipulations, subject to
approval of Authority engineer. (As per Amendment No.7 Dt: 01.03.24)

1.4.2 All bridges shall be designed for the following minimum recurrence interval of floods:

a) For Important and Major Bridges: 1 in 100 years

1.4.3 Width and cross-sections features of bridges:

Width and cross-section features of bridges are shown in Tentative Bridge GADs. Same are
attached with Tender document.

[Link] The Contractor(s) should take adequate measures to protect the existing bank by sheet piling or
shoulder piling/micro piles or any other suitable protection measures. Adequate safety of the
existing lines at all times during the execution of the work is of paramount importance.
[Link] The work also includes the construction of river training works at the required locations. Provision of
drop wall, curtain wall, flooring, toe wall, pitching, [Link] proposed &approved drawings by
Authority. Construction of major/important bridges also involve provision of coffer dams/temporary
islands during construction of foundations and sub-structure.

[Link] Stream diversions: Temporary stream diversions are to be executed at bridge

locations, wherever required during construction.

1.4.4 No Box culverts are involved in the work.

1.4.5 Important Bridges shall be constructed at the following locations:
S. Bridge No. Proposed Linear Type of Super str Location with
No. Location length of respect to
Bridge (in exg. bridge
m)
Br. No.353 over Km.165.257 to 204 m 15x12.20m Clear On down
1
Mareddypalli vagu Km.165.501 span PSC Slab stream side
at Ch.165379.0m
Km.173.361 to 284 m
2 Br. No.375 over 21x12.20m Clear On down
Km.173.685
Okachetty vagu at span PSC Slab stream side
 Page 136 of 214

Ch.173523.0m

Km.181.564 to 900 m
3 Br. No.398 over 34x24.40m Clear On down
Km.182.504
Krishna river at span PSC Box stream side
Ch.182034.00m Girder
Km.240.945 to
4 Br. No. 442 over 900 m 45x18.3m clear On down
Km.241.885
Tungabhadra river at span with PSC U stream side
Ch: 241415.0m girder
Km.244.226 to
5 Bridge No. 450 over 202 m 14x12.20m Clear On the up
Km.244.468
Handrineeva river at span PSC Slab stream side
ch. 244347.30 m

1.4.6 Major Bridges shall be constructed at the following locations: Nil

1.4.7 Minor Bridges shall be constructed at the following locations: Nil

1.4.8 Pipe Culvert : Nil

1.4.9 Railway flyovers : Nil

1.4.10 Road under bridges (RUB) : Nil

1.4.11 Road over bridges (ROB) : Nil.

1.5 Track: Laying of track is not a part of this work.

1.6 Railway level crossings : Nil

1.7 Track layouts in station yard: Nil

1.8 Building Works: Nil

1.8.1 Railway stations : Nil

[Link] Other stations facilities: Nil

1.8.2 Service buildings : NIL

1.8.3 Staff quarters : NIL

1.8.4 Out- door power supply, distribution and lighting works

1.8.5 Water supply and distribution: NIL

1.8.6 Drainage system : NIL

1.8.7 Sewerage system : NIL

1.9 Pedestrian Bridges : NIL

1.10 Service roads/ internal roads/approach roads and footpaths : Necessary approach

roads to the site of the work shall be laid by the Agency.

 Page 137 of 214

1.11 Boundary walls, boundary pillars : NIL

1.12 Signage information boards and posts : Bridge Boards shall be provided as per para

. No.203(6) of IRBM at all the 5 bridges

1.13 Drainage along the railway line : NIL

1.14 Embankment/slope protection works:

[Link] Bridge Nature of Slope protection work to be done

Number
1 353, 375 RCC M 30 Toe wall for a length of 20m on down stream side
& 450 beyond return walls of A1 and A2 i.e., on both Mahabubnagar
end and Dhone end.
Pitching on the slopes of the embankment from abutment for a
length of 20m beyond return wall on all four sides i.e., on both
Mahabubnagar and Dhone end in terms of Para No. 205 of
IRBM.
RCC M 30 Conjunction wall connecting existing and new
bridge abutments (i.e., A1 & A2)
2 398, 442 RCC M 30 Toe wall for a length of 20m on down stream side
beyond return walls of A1 and A2 i.e., on both Mahabubnagar
end and Dhone end.
Pitching on the slopes of the embankment from abutment for a
length of 20m on all four sides i.e., on both Mahabubnagar and
Dhone end in terms of Para No. 205 of IRBM.
RCC M 30 Conjunction wall connecting existing and new
bridge abutments (i.e., A1 & A2)
RCC M 30 retaining wall for a length of 20m in between
existing and proposed bridge to retain the bank slope of new
formation.

1.15 Supply of Materials and Stores : Nil

1.16 Compulsory afforestation and tree plantation : NIL

1.17 Flooring to bridges:

[Link] Bridge Nature of flooring

Number

1 353 Rough stone flooring of 300mm thick over 150mm thick

PCC M15 bed for the entie length of bridge within the
wing wall portions of new bridge and also repair to
disturbed existing bridge flooring wherever required.

1.18 Change of Scope

 Page 138 of 214

The length of structures and bridges specified herein above shall be treated as an approximate
assessment. The actual lengths as required on the basis of detailed investigations shall be
determined by the Contractor in accordance with the Specifications and Standards. Any
variations in the lengths specified in this Schedule-B shall not constitute a Change of Scope,
save and except any variations in the length arising out of a Change of Scope expressly
undertaken in accordance with the provisions of Article 13.

2.0 Pre NI, NI & Commissioning with CRS inspection.

2.1 As the EPC work involves integrated planning & execution of various Civil, Track, S&T,
Electrification and Electrical General services works, the Contractor is expected to understand
the sequencing of various activities for all these works so that a proper interface planning is
done so as to meticulously/ smoothly execute various independent activities/ inter-linked
activities to maintain coordinated efforts in yielding desired progress.

The Contractor shall also liaison with the Authority Engineer with regard to discussing of such
planning and execution of various issues involved.

The Contractor and his engineers/ staff responsible shall also ensure proper liaising efforts with
various agencies/ departments involved in the process of resolving various issues during the
course of execution of works.

For instance, the S&T cables, S&T structures like location boxes, etc. and OHE structures like
masts, portals, anchors, etc. including the hidden ones in and around the site of work shall be
surveyed using cable route plans, layout plans, etc., appropriately marked and properly
relocated before commencement of any work. It is the responsibility of Contractor to plan for
relocation of such cables and structures such that progress of work is not affected. Adequate
technical manpower and equipment may be deployed for co-ordinating approvals, surveying
and supervising such works for safety and smooth running of trains.

2.2 The works related to pre-pre-NI, pre-NI and NI, which are pre-cursor for opening of section,
shall be carefully and meticulously planned. A detailed combined programme for all the works
shall be submitted to Authority Engineer, Divisional and Zonal Authority well in advance for
approval. These works shall be executed within the block period as allotted by deploying
required manpower, machinery and other equipment. The decision of the Authority regarding
number of blocks and duration of blocks, Pre-NI and NI programme is final and the EPC
contractor has to execute the work as per the approved programme.

For the inspection and commissioning of work by CRS, all the opening document shall be
prepared, co-ordinated at different levels and submitted in advance. A detailed minute to
minute programme to be made for inspection day(s). Execution of all necessary works for
conducting speed trial and successful commissioning during CRS inspection shall be made.
The assets to be offered shall be planned in advance. All the drawings including as built
drawings, construction quality records along with inspection registers and test reports including
codes/manuals and measuring equipment shall be kept ready for the inspection. Trolly
arrangements shall be co-ordinated and made available. Ladder arrangements at important
locations like stations and bridges, etc. to be made for inspection.
 Page 139 of 214

SCHEDULE- C

(See Clause 2.1)

PROJECT FACILITIES

1. The Contractor shall provide the Project Facilities in accordance with the provisions of
this Agreement. The Contractor shall provide and maintain these project facilities
throughout the course of the work and for such period of time during defect liability
period , as the Authority’s Engineer may require, for which cost is inbuilt into the overall
cost of bid.
Such Project Facilities shall include:
Civil works, telecom, Electrical works:
(a) Provisional site office for Authority Engineer
(b) Main Site offices & related facilities for PMS/Authority Engineer
(c) Sub-Site offices
(d) Furniture & Office Equipment
(e) Manning of Offices & Maintenance
(f) Transport Facilities
(g) Temporary works / Temporary Facilities for Contractor’s use / Contractor’s office /
Camp / Contractor’s labour camp
(h) Survey equipment
(i) Services such as water supply, electrification , sanitation, communications
(j) Providing electricity to the various project facilities
(k) Project network with project monitoring software like MS project along with
closed user telecom group, fax & e-mail facilities and mobile communication
network for project monitoring.
(l) Contractor’s personnel.
 Page 140 of 214

I. PROJECT FACILITIES (BUILDINGS)

2. DESCRIPTION OF BUILDINGS:
Each of the building to be provided as a part of Project Facilities is described
below:
Design Requirements Other essential
[Link]. Project Facility Location
(min floor area) details
1 Provisional site Near Br. 442 90 Sqm Suitable all
office weather roads
2 Main site office Near Br. 442, Br. 225 Sqm each shall be laid and
No. 398 maintained to all
3 Sub-Site office Near Br. 353, 375 70 Sqm each the bridge
& 450 locations as to be
facilitate
execution of
works without
any interruption

3.0 REQUIREMENTS COMMON TO ALL BUILDING FACILITIES:

3.1 All the building facilities shall be made at the specified locations, as approved by the
Authority Engineer. The contractor shall submit necessary drawings of the various
buildings (being provided as a part of project facilities) to the Authority Engineer and his
approval shall be taken before commencement of any work.
3.2 The site offices should remain open for 24 hours a day and 7 days a week i.e., round
the clock till the defect liability period is over.
3.3 Materials used for the construction of the offices shall be new and of good quality.
Materials shall be chosen such that the buildings when erected shall give good
ventilation, heat & sound insulation.
3.4 All buildings shall be supplied with continuous (24 hour) running potable water to the
kitchens & wash rooms. The toilets may use raw water for flushing. The Contractor shall
also arrange for the constant & hygienic disposal of all effluent, sewage & rubbish from
the buildings.
3.5 All buildings shall be supplied with electricity, AC 240 Voltage in accordance with the
Regulations. Lighting & electrical power points shall be provided in each room. The
disposition & location of light & power points will be as directed by the Authority’s
Engineer. 24 hours power supply is to be arranged by Contractor to meet full power load.
Fans and Air coolers shall be provided as per the directions of Authority Engineer.
3.6 Fire fighting equipment shall be provided in accordance with the local recommendations.
3.7 The contractor shall maintain all the facilities in good condition which includes cleaning of
the premises, maintenance of office equipments, maintenance of office furniture, repairs,
replenishment of consumables in toilets, cartridges, stationery for the plotter/printers,
replenishment of first aid box items, batteries and other consumables.
 Page 141 of 214

3.8 All furniture, furnishing, fittings & fixtures, equipment, electrical equipment etc., shall be
of the configuration, make & quality as approved by the Authority’s Engineer.
3.9 Unless otherwise stated herein below, all the project facilities including all furniture,
furnishings, fittings & fixture , equipment, electrical items etc., as provided by the
Contractor for the use of Authority’s Engineer / Authority shall be the property of the
Contractor (Agency).
3.10 The provisional site office can be removed after commissioning of main site office. The
sub-site offices can be removed after issue of Completion certificate. The main site office
is required to be continued upto the end of defect liability period. However,
area/furnishings in the main site office can be pruned down after issuing of completion
certificate as per the requirement advised by the Authority Engineer/Authority.
3.11 If the provisional site office & main site office were planned at same location /station ,
instead of dismantling the provisional site office the same can be extended or can be made
a part of main site office.
3.12 The areas surrounding the offices shall be well drained and provided with concrete
pavements, walkways & parking areas for the vehicles, as per the requirement.
3.13 All the project facilities shall be maintained upto to the period as mentioned in Para 3.10
above.
3.14 The Contractor shall maintain the project facilities/offices listed in para 2 above by doing
the following, but not limited to:
i) Pay all electricity charges
ii) Pay all water charges
iii) Carry out necessary repairs to all office and equipment as & when required

iv) Day-to-Day cleaning & maintenance and watch & ward, etc.,

v) Provide watchman/security ( 1 No in each shift) at each office.

vi) Collect & dispose off, in a location and manner consented by the Authority
Engineer, all domestic waste & garbage from the offices on daily basis.
vii) Provision of a properly designed and maintaining sewerage & sanitation facilities
at all the offices.

4.0 TIME LIMITS FOR MAKING PROJECT FACILITIES:

The following time limits for providing various project facilities shall be adhered to. The time
limit will be counted from the Appointed date.

Time Penalty for

[Link]. Project facility limit in delay (Rs.
days Per week)
1 Provisional site office 60 5000
2 Main site office 120 5000
3 Sub-Site office 60 5000
 Page 142 of 214

4 Transport facilities 15^ As per para-

9.4.5
5 Office equipment 60 5000
6 Survey equipment 30 Nil
^ refer Para 9.1

5.0 REQUIREMENTS OF PROVISIONAL SITE OFFICE:

5.1 One provisional site office shall be constructed, furnished & maintained in good
condition for use while the main site office for Authority Engineer is being constructed
for a total floor area of 90 sqm. The provisional site office shall be constructed at the
place mentioned in Para-2 above.
5.2 The provisional site office shall be constructed using the consented materials. They shall
be capable of being dismantled but of sound, weatherproof construction and shall be
provided with lockable doors & windows, mosquito screens, sanitary facilities, lighting,
electrical power supply.
5.3 The provisional site office shall have internal partition walls & doors, and shall contain
at least the following rooms:
Room Designation Floor Area (Sqm)
Chief Project Manager 15
Offices for other Engineers 25
General Office 25
Wash Rooms / Stores / Miscellaneous 25
Total Area 90

Within the given total area, necessary modification can be made with the approval of
Authorities Engineer without effecting the overall floor area.

5.4 The provisional site office shall be provided with necessary furniture, furnishings, fittings
, fixtures and equipment, etc. They shall be of approved make / brand, model, type, size,
capacity as approved by the Authority’s Engineer. All the said furniture, furnishings,
fittings , fixtures and equipment as provided by the Contractor for the Provisional Site
Office may be shifted to the Authority Engineer's Main Site Office and shall be adjusted
against the quantities of furniture, furnishings, fittings , fixtures and equipment required
for the Authority Engineer's Main Site Office.

6.0 REQUIREMENTS OF MAIN SITE OFFICE FOR AUTHORITY ENGINEER:

6.1 Each main site office for the Authority’s Engineer shall be with a total floor area of
225 sqm and constructed at the location as mentioned in Para-2 above. The approximate
areas of various rooms is as under. The Authority Engineer can modify the individual areas
of rooms, keeping the overall area unaffected.

[Link] Room for Floor Area (Sq.m)

Chief Project Manager Office (Air
1 40
conditioned) and Project Managers (PM)
 Page 143 of 214

Office for other Engineers, Clerical staff with

2 100
work stations
3 Meeting room ( Air conditioned) 36
4 Store 15
5 Lobby / Display 10
6 Kitchen 9
Washrooms (3 rooms , out of which 1 will be
7 15
for ladies)
Total floor
225
area

6.2 The Authority Engineer's Main Site Office building shall be of sound design and of the
material as approved by the Authority’s Engineer. The office shall be weatherproof,
and painted with luppam finish along with plastic emulsion paint internally & with
water proof cement paint externally. Flooring shall be with vitrified tiles and floor to
ceiling height shall be a minimum of 3.65m (12’). Each room having an internal wall
shall have at least one screened window. The office building shall have two external
lockable doors with fly proof mesh doors. Electrical supply & receptacles shall be
provided in various locations appropriate to the usage of the rooms. Rooms shall be
well lighted.
6.3 Plumbing fixtures shall be standard type made out of porcelain or stainless steel and all
pipe work & fittings shall be polyvinyl chloride (PVC).
6.4 The equipment & furniture to be provided in both the site offices are listed in Table below
and shall be of make/ brand, model, type, size, capacity as approved by the Authority’s
Engineer. The furniture and equipment shall be brand new. The furniture & equipment shall
be provided within 7 days of commissioning of main site office and shall be maintained
until the end of defect liability period. All electrical components shall be of standard
approved make, as approved by the Authority Engineer.
SN Description Nos.
Executive table along with high back revolving chair for
1 3
AE, Authority
2 Table with high back revolving chair for PMs 2
3 Conference table (at least 4m x 1.5m) 2
4 Conference chairs (revolving high back) 20
5 Glass-fronted lockable bookcase 4
6 1800mm x 1200mm double pedestal desk 2
7 1200mm x 900mm single pedestal desks 5
8 Swivel office chair 8
9 Visitors’ Chairs 20
10 4-drawer filing cabinet 2
11 Plan chest (A 0 size) 2
As per
Work stations along with revolving chairs (medium back)
12 requirement
1.5m x 0.6m with partitions in between.
furnished by
 Page 144 of 214

Authority Engineer
13 Steel lockable cupboard 6 ft. high with internal shelves 6
14 Sofa Set ( 3+1+1) along with center table 2
As per site
15 Waste paper bin
requirement
16 Display Boards(Wall Type) 8
Fully automatic camera with date and time recording
17 2
facility loadable to a PC
18 Refrigerator 180 Ltr capacity 2
For serving 10
19 Crockery/Cutlery
persons at a time
As per site
20 Rain coats (various sizes)
requirement
As per site
21 Safety boots (various sizes)
requirement
22 Flashlight with batteries 4
23 Wall clock 2
As per site
24 First aid kits
requirement
As per site
25 Safety helmets
requirement
As per site
26 Safety harness
requirement
As per site
27 Day-glow waistcoat
requirement
As per site
28 2 Ltr kettles
requirement
29 Potable water dispenser with hot/cold taps 2
As per site
30 Cups & Plates
requirement
As required
conforming to the
31 Fire Extinguisher
stipulations of local
authorities
32 Water purifier 2
The above list is only indicative. Necessary toiletries like plastic bucket (10 Ltrs
capacity), mugs (2 Nos), liquid soap wash will also be provided in each toilet. All other
equipment, tools, furniture as required for the efficient running of office shall be ensured.

7.0 REQUIREMENTS OF SUB-SITE OFFICE :

7.1 The Sub-site office shall be constructed to the same standards & specifications except
dimensions of the buildings as described those of the main site office above.
7.2 Each Sub-site office shall be with a total floor area of 70 sqm. The approximate areas
of various rooms is as under. The Authority Engineer can modify the individual areas of
 Page 145 of 214

rooms, keeping the overall area unaffected.

Room No. & No. of Floor Area

[Link]
Designation Rooms (Sq.m)
1 Engineers & Authority 2 50
Engineer
2 Record room 1 10
3 Washrooms 2 10
Total floor area: 70

7.3 Each Sub-site office shall be provided with the following furniture:

[Link]. Item Size (mtrs) Quantity

1 Table 1.2 x 1.5m 2
2 Visitors Chairs 4
3 Steel Almirahs 2
4 Electrical Kettles 2 Ltr 1
5 Safety helmets, Safety waist As per site
coats requirement
6 Potable water dispenser 1
7 Cups & Plates As per site
requirement
Necessary toiletries like plastic bucket (10 Ltrs capacity), mugs (2 Nos), liquid
soap wash will also be provided in the toilet.
8.0 EQUIPMENT FOR USE OF THE AUTHORITY’S ENGINEER:
8.1 The Contractor shall provide at his own cost new equipment & software as listed below
and maintain them for the exclusive use of the Authority and the Authority’s
Engineer in various site office of the Authority Engineer along. Equipment provided in
provisional site office can be shifted to main site office.

1 Desktop Computer : With minimum specification of Intel Core i7, 3.5

(Provisional site GHz, 3MB Cache, 8 GB DDR3 RAM, 500 GB Hard
office -1 Nos, Each Disk Drive, DVD writer, 18.5”colour TFT monitor,
main site office – 2 10/100 LAN card, Modem Card, Operating system-
Nos, each sub-site Windows10 professional or higher preloaded with
office - 1 No) media and documentation and certificate of authenticity
and Microsoft Security Essentials preloaded anti-virus
software.
2 Printers : The A4 size printer shall be all-in-one Colour laser jet
( Provisional site having features of Fax, Scanner, Copier and Printer.
office-A4 size- 1 The A3 size printer shall be Colour laser with a print
No., Each main site speed of up to 21ppm or more.
 Page 146 of 214

office- A4 size-2
No., A3 size- 1 No.,
each Sub-site office –
A4 size 1 No.)
3 Large Format
Plotter-1 No. in main HP Model C6084A (3800CP 54 colour plotter) or
site office (at Br. No. similar / better
442)
4 Application  Microsoft Office latest release.
Software to all  AutoCAD 2D & 3D latest release.
Computers  MS Project or equivalent
 PDF Converter/Professional
5 Xerox Machine- 1 For paper prints capable of reduction & copying A3
No. in each main site & A4 size paper with Automatic document feeder
office capability & sorter (Canon IR 2020 or similar/better).

6 UPS system to all With sufficient power backup (minimum backup of 30

Computers and minutes) to meet the sufficient power load in case of
Printers power disruption.
7 Surge Protection
One for each computer & printer as given above.
Devices
8 Power supply for AC 240 volts, 50 Hz from normal building wiring
systems circuit mains, stabilizer for Refrigerator / ACs, UPS
for the computer systems such that the systems can
function efficiently.
9 Internet Internet connection with WiFi facility so that multiple
devices can be connected for each site office.
10 Required Spares Ink, Cartridges for PCs, Printer, Photocopier including
AMC for the equipment
11 Stationery Stationery as required for day-to-day working shall be
provided.

II. TRANSPORT
9.0 General
9.1 The Contractor shall provide the following road transport vehicles for the use of the
Authority and the Authority’s Engineer within 15 days from the date of commencement
of the works Or appointed date whichever is earlier.
9.2 One AC vehicle for CPM/PMs, 2 Non-AC vehicles for other Site Engineers, One AC
vehicle for Authority during his inspections.
9.3 Type of AC vehicles : Innova/ Ertiga/ Scorpio or any other SUV, Non AC: Bolero
/Tavera / Mahindra TUV.
 Page 147 of 214

9.4 General requirements of vehicles and their maintenance:

9.4.1 The vehicles shall not be more than 1 year old as on the day of initial deployment &
maintained by the Contractor in good roadworthy condition including daily cleaning.
Any vehicle shall be replaced with a suitable vehicle of appropriate category, as per the
advice of the Authority, if the vehicle condition is found to be not satisfactory.

9.4.2 The Contractor shall employ & make available competent licensed drivers to operate
the vehicles. The Contractor shall replace drivers at the request of the Authority’s
Engineer, if required.
9.4.3 The vehicles shall have comprehensive insurance covering driver, authorised
passengers, third party and for the carriage of goods. The vehicle should confirm to the
norms prescribed by the local pollution control boards.
9.4.4 The Contractor shall provide fuel, oil for running of each vehicle and ensure
maintenance in conformity with the vehicle manufacturer’s recommendations. All
relevant toll & parking charges s h al l b e pa i d wh il e t h e v e h i cl e s a re i n u s e .
The vehicle shall be provided day & night as required by the Authority’s Engineer or his
representative.
9.4.5 A suitable replacement shall be provided by the contractor for any vehicle out of service
for more than 24 hours. If the contractor at any time fails to provide vehicle(s) or
substitute vehicle(s) as specified, an amount of Rs. 2500/- per day for each vehicle (that
the Contractor failed to provide) shall be recovered from the Contractor.
9.4.6 Each Vehicle supplied is likely to ply 3000 km per month (on an average)
9.4.7 Vehicle shall be provided during the Defect Liability Period, as per the day-to-day
requirement.
9.4.8 Vehicles shall be provided so as to cover the entire completion period(s) & Defect
Liability Period(s).
9.4.9 The vehicles can be taken back by the agency after completion of defect liability period
under prior approval of Authority Engineer.

III. CONTRACTOR’S PERSONNEL

10.1 The Contractor is fully responsible for ensuring quality of construction, supervision of the
works being executed by him. He has to deploy adequate number of personnel from his side in
order to complete the work within the completion period and also to maintain the infrastructure
created under this work till defect liability period. Please refer para 3.4 of Article-3. However,
the Contractor(s) shall employ following minimum number of Technical personnel during the
execution of the allotted work as per table below. This list is only minimum and not
exhaustive. Additional manpower as required from time to time to be deployed as per progress
for ensuring supervision, quality control etc., Apart from the key personnel mentioned below,
the Agency has to engage required number of skilled and un-skilled workers to complete the
work within the stipulated time and to meet the targets of the project.
 Page 148 of 214

[Link] Title of Position Nos Minimum Minimum Qualification

Experience in
relevant field
(in years)
1 Project Head 1 15 B. Tech (Civil Engg.)

2 PMs for Civil 2 10 [Link]/ diploma in

relevant field.
3 Safety Consultant 1 10 Science/Engineering
Graduate. Refer para
10.2.11 under Article-10
4 Quality Assurance 4 10 [Link]/ diploma in
Engineer/Civil relevant field.
5 Site Engineer (Civil) 5 5 [Link]/ diploma in
relevant field.
6 Asst. Site Engineer 5 2 Diploma in
relevant field.
Computer Operator with 2 Graduate
7 knowledge of Software 5
like Trimble Tilos or
equivalent,
AutoCAD, Microsoft
Office, etc

10.2 The Personnel shall be deployed throughout the Contract period during the execution of work.
However, the deployment schedule of these Engineers shall be as per the plan submitted by the
Contractor and approved by Authority Engineer. Deployment of these personnel will not absolve
the Contractor from his responsibility of proper supervision of work.
10.3 Sufficient number of personnel to assist the personnel at S. No.-3,4,5 shall be deployed fulfilling
the requirement of Article 11 of the EPC document.
10.4 In case the Contractor(s) fails to employ the Contractor’s personnel aforesaid above, he shall be
liable to pay an amount given below for the default period:
(i) Rs. 200,000/- per head per month for [Link]. 1
(ii) Rs. 100,000/- per head per month for [Link]. 2 ,3 & 4
(iii) Rs. 50,000/- per head per month for [Link]. 5 & 6
(iv) Rs. 40,000/- per head per month for [Link].7

10.5 The Contractor shall submit the copy of Bio-data and Degree/ Diploma certificate of the above
technical staff employed by him for the scrutiny by Authority Engineer and the same will be
approved by Authority Engineer and shall be available during the currency of work execution
for record purpose.
10.6 Authority Engineer reserves the right to scrutinise the records of the Contractor to ascertain as to
whether the qualified staff has been actually employed by him and is paid for.
10.7 The contractor’s technical personnel should work in cohesion with Authority Engineer’s
personnel.
 Page 149 of 214

10.8 The agency shall provide adequate personnel to facilitate the PMS engineers in collecting
samples , in conducting various quality control tests , in carrying out survey works, in checking
measurements, facilitating site inspections, etc as required .

IV. FACILITIES FOR CONTRACTOR’S USE

11.1 The Agency shall make necessary site office, labour camps, storage houses, transport
facilities, fabrication yards, concrete batching plants, pug mills etc., as per his requirement at his
own expense.
11.2 Railway will provide land free of cost, based on the written request of the Agency, for the above
purposes, if the land is available. If Railway cannot provide land, the Agency shall make his
own arrangements. The entire cost of construction and maintenance of these facilities will be
borne by the Agency.
11.3 Necessary plans for the construction of the above mentioned facilities shall be submitted to the
Authority Engineer and his approval shall be taken before taking up any construction. All the
facilities created shall be temporary ones and needs to be removed after completion of the works
and before issuing of final completion certificate. Only those bare minimum facilities which are
required in the defect liability period shall be continued during this period.
11.4 The Agency shall provide and maintain potable water supply, sanitation, electricity,
communications, fire fighting arrangements for all the facilities at his own cost.
11.5 The Authority Engineer will have access to inspect the facilities, if warranted, at any time
during the course of execution of work.
11.6 These facilities should not be constructed at such locations causing obstruction to the main
work.
11.7 It shall be ensured by the Agency that his workers are equipped with necessary safety equipment
like helmets, waist jackets etc.,.
11.8 Necessary first aid station with all the required medicines shall be constructed within 30 days of
Appointed date at the Contractor’s camp office.
11.9 Sale and consumption of intoxicating beverages in the Contractor’s camp office, labour camps
or in any premises within the Project site is strictly prohibited.
11.10 The agency shall abide by the local bye laws in storing inflammable articles like Deisel , petrol,
explosives etc.

V. SURVEY EQUIPMENT
12.1 The surveying instruments, to be provided for exclusive use of the Authority’s & Authority
Engineer's site staff, shall be brand new, of the latest design and manufactured by Wild, Kern,
Nikon or other reputed manufacturer as acceptable to the Authority’s Engineer / Authority. The
instruments shall include all items necessary for the Authority’s Engineer to be able to
establish horizontal & vertical control both on the surface & underground and to check the
Contractor's surveying work. Cable route locators to detect underground cables should be made
available, as per the requirement.
 Page 150 of 214

12.2 The Contractor shall present to the Authority’s Engineer for consent the proposed make, type,
and models with parts & performance catalogues & manufacturer's warranty, prior to
purchase.
12.3 The Contractor shall furnish the survey equipment within 30 days after the Appointed Date
and maintain in good condition including calibration as required, until the issue of completion
Certificate unless otherwise authorized by the Authority’s Engineer.
12.4 The Agency should deploy all the required tools & plants for successful execution of the
project.
 Page 151 of 214

SCHEDULE - D

(See Clause 2.1)

SPECIFICATIONS AND STANDARDS
1 Construction

The Contractor shall comply with the Specifications and Standards set forth in Annex-I of this Schedule-D
for construction of the Railway Project. The time limit for the review and clearances by the Authority for
design and drawings submitted by the Contractor shall be as indicated in Annexure-II.

2 Design Standards

The Railway Project including Project Facilities shall conform to design requirements set out in the
relevant codes and manuals as mentioned in Annex I.

3 Latest Version

Latest version of the Manuals, Specifications and Standards including the amendments notified/published
by the Base Month shall be considered applicable.

4 Terms used in Manuals

The terms [‘Inspector’, ‘AEE’, ‘Executive Engineer’, ‘Deputy Chief Engineer’ ] used in the Manuals shall
be deemed to be substituted by the term “Authority Engineer”; to the extent it is consistent with the
provisions of the Agreement.

5 Absence of specific provision

In the absence of any specific provision on any particular issue in the aforesaid Manuals, Specifications, or
Standards, the following standards shall apply in order of priority:

(i) IR Specifications
(ii) Bureau of Indian Standards (BIS)
(iii) Any other specifications/standards proposed by the Contractor and reviewed by the Authority Engineer.
(iv) Euro Codes or British Standards or American Standards

6 Alternative Specifications and Standards

6.1 The requirements specified in the Manuals are the minimum. The Contractor shall, however, be free to adopt
international practices, alternative specifications, materials and standards to bring in innovation in the design
and construction provided they are better or comparable with the standards prescribed in the Manuals. The
specifications and techniques which are not included in the Indian Railway Manuals/ RDSO specifications
shall be supported with authentic specifications and standards specified in paragraph 5 above. Such a proposal
shall be submitted by the Contractor to the Authority Engineer. In case, the Authority Engineer is of the
opinion that the proposal submitted by the Contractor is not in conformity with any of the international
standards or codes, then he shall record his reasons and convey the same to the Contractor for compliance.

6.2 In case, the Contractor is offering an alternative product which is not as per the designs/specifications
stipulated in this Agreement, but the same is already in the use with satisfactory performance in one or more
major world Railway(s) for more than 5(five) years for the same or higher design speed/rating (as applicable
for project line), such product can be permitted to be used by the Authority Engineer in accordance with the
Cross Approval policy of the Railway Board as existing at the time of offering of such product. The products
covered for the purpose of this clause shall be as per the list provided in the policy.

Annex - IA
 Page 152 of 214

(Schedule-D)
SPECIFICATIONS AND STANDARDS FOR CONSTRUCTION

1 Specifications and Standards

All Materials, works and construction operations shall conform to the following manuals:

1.1 For Civil works:

A) Codes / Manuals:

Sl. No. Name of the Code/Manual

[Link]

1 Indian Railway Permanent Way Manual.

2 Manual For Fusion Welding Of Rails By Alumino – Thermic Process.
3 IRS T19: Specifications for Fusion Welding of Rails
4 Manual for Flash Butt Welding of Rails.
5 Indian Railway Track Machine Manual.
6 Indian Railway Small Track Machine Manual.
7 Manual For Ultrasonic Testing of Rails And Welds.
8 Manual for Glued Insulated Rail Joints.
9 GE/0001: Specification for Track Ballast.
10 Specifications for H-Beam sleepers and fittings
BRIDGES
1 IR Bridge Manual.
2 IRS Bridge Rules.
3 IRS Concrete Bridge Code.
4 IRS Bridge Sub-Structure and Foundation Code.
5 IRS Steel Bridge Code.
6 IRS Welded Bridge Code.
7 Seismic Code for earthquake resistant design of Railway Bridges.
8 IRS Arch Bridge Code.
9 IRS Specification for Fabrication and Erection of Steel Girders Bridges and Locomotive
Turn Table ( IRS B -1)
10 IRS Well and Pile foundation code
11 RBF-16 & 22 for Estimating Waterway Calculations.
12 IRC:83 Standard specifications and Code of practice for Road Bridges - Bearings for road
bridges.
13 BS-S-[Link]-10 Specification and Schedule of Technical requirements (STR) for
Manufacturing and Supply of Elastomeric bearing to Indian Railways for use on Railway
Bridges/ROBs
14 BS-S-[Link]-12 Specification and Schedule of Technical requirements (STR) for
Manufacturing and Supply of POT-PTFE bearing to Indian Railways for use on Railway
Bridges/ROBs
15 Schedule of Technical requirements for fabrication of steel girders issued by RDSO
GENERAL
1 Indian Railways Schedule of Dimensions(BG) revised in 2022
2 Engineering Code.
3 Rules for the Opening of a Railway for the Public Carriage of Passengers
4 General & Subsidiary Rules, Pt I & II.
 Page 153 of 214

WORKS
1 Indian Railway Construction Manual, Dec 2023 .
2 IR Unified standard specifications (Formation works, Bridge works, [Link] works) - 2021
3 IR Works Manual.
4 GE: IRS-0004 (Sept 2020): Comprehensive Guidelines and Specifications for Railway
Formation along with other Specifications mentioned therein.
5 GE: G-2: Guidelines for Cuttings in Railway Formations.
6 GE: G-0016: Guidelines for safety in Tunnels during Construction.
7 GE: G-0017: Guidelines for Design & Construction of Tunnels.
8 GE: G-0022: Guidelines for application of Coir Geo-textiles in railway embankments and
natural hill slopes & cuttings.
9 IS:456-2000 Plain and reinforced concrete code of practice
10 IS:875 Code for Loads & Weights of Materials
11 IS:2062 Code of Practice for Structural Steel
12 IS:800-1984 Code of practice for General construction in Steel.
13 IS:269-1989, Ordinary Portland Cement 33 Grade Specifications.
14 IS:12269-1987, Specification for 53 Grade Ordinary Portland Cement
15 IS:516-1959 Method of testing for strength of cement.
16 IS:516-1959 Method of Testing for Strength of Cement.
17 IS:2386 Method of Tests for Aggregates for Concrete.
18 IS:10500-2012 for Potable Water.
19 IS:4103 Specification for Concrete Admixtures.
20 IS:10262 for Concrete Mix Design.
21 IS:1383-1980 Code of practice for pre-stressed concrete.
22 IS:14268 Code of Low Relaxation Steel.
23 IS:2770, Code for Testing Bond in Reinforced Concrete.
24 IS 1786-2008 Specification for Thermo Mechanically Treated Steel (TMT) and Wires for
Concrete reinforcement & HYSD Bars.
25 IS:1948-1970 Classification & Identification of Soils for General Engineering Purposes.
26 IS:6403 Code for Safe Bearing Capacity of Soil.
27 IS:1893-2002 Earthquake Resistance Structures.
28 IS:2911-2010 Code of Practice for Piles.
29 RDSO Report [Link]-R-73 for RE Structures.
STATIONS
1 Manual for Standards and Specifications for Railway Stations issued by RDSO.
2 Comprehensive Instructions for Provision of Passenger Amenities and User Facilities at
Stations – Issued by Rly Bd. On 09.04.2018 Along with Corrigendum dt 14.02.2022
3 Notification of Guidelines on accessibility of Indian Railway Stations and facilities at stations
for differently abled persons () and passengers with reduced mobility
([Link].26.11.2023).
4 Standard Signages at Stations on Indian Railways April-2023 (issued vide [Link].
Dated.15.05.2023).

B) B & S Reports Issued BY RDSO:

 Page 154 of 214

[Link]. Report No. Title Month & Year

Guidelines on Pipe Pushing by Micro tunnelling Technique
1 BS-134 Sep-23
for Railway Bridges
2 BS-132 Compendium for Road Over Bridges on Indian Railways. Feb-22
Guidelines for Selection of Bridge Bearings for Railway
3 BS-131 Nov-21
Bridges & ROBs.
RDSO Guidelines for Fabrication Inspection of RDSO
4 BS-130 Standards Spans-Composite I-Section Steel Girders for Road Jun-21
Over Bridges (ROBs)
BS-128 (R- Guidelines for carrying out load deflection test of Steel plate
5 Feb-23
2) & open web & Steel-Concrete composite girders
BS-127 (R-
6 Guidelines on type of foundations for Railway Bridges Jun-21
1)
Guidelines for continuation of LWR/CWR over ballasted
7 BS-126 Jul-18
deck bridges on Indian Railways
Method statement for fabrication of 45.7m through type
8 BS-125 Jun-18
open web girder for 25t loading drawing no. B-17181 series
Guidelines for Composite Construction including Stud Shear
9 BS-115 Apr-16
Connectors (Revision 1)
BS-122 (R- Guidelines for Approval of Design Basis Report for
10 Aug-22
1) Important Bridges
Guidelines for Carrying out Rail-Structure Interaction for
11 BS-114 Aug-16
Railway Bridges (Revision 2)
Guidelines for Provisions of OHE MAST for Electrification
12 BS-121 at New and Existing Bridge Pier/Abutment with A&C1 Oct-15
dated 09/07/2020.
RDSO Guidelines for Construction of Limited Height
13 BS-120 Apr-15
Subway (LHS) by Cut and Cover Method
RDSO Guidelines on Seismic Design of Railway Bridges
14 BS-118 Nov-15
(Revision 1)
Guidelines for Providing Arrangements for Bridge
15 BS-113 Nov-14
Inspection
16 BS-112 Guidelines for Planning of Road Over Bridges May-14
Scour Depth estimation, counter measures & monitoring at
17 BS-117 Jun-15
bridge crossing. Guide for engineers.( Revision 1)
Guidelines for Use of High Strength Friction Grip (HSFG)
BS- 111
18 Bolting assemblies on Bridges on Indian Railways Jul-23
('R)
(Revision- 7)
Guidelines on Fabrication of Steel Girders for
BS- 110
19 Construction/Field Engineers (Revision 1) with Addendum Jul-17
('R)
& Corrigendum
Guidelines on pipe line crossings under railway track with
20 BS-105 24.11.2017
a&c 1 to 7
Guidelines on use of acoustic emission technique (AET) on
21 BS-104 Oct-09
railway bridges
22 BS-103 Guidelines on non-destructive testing of bridges August, 2009
 Page 155 of 214

BS-102 Guidelines for installation, inspection & maintenance of

23 June, 2015
('R) bridge bearings (revision 1)
Guidelines for the use of High Performance Concrete
24 BS-89 ('R) Dec-22
including self compacting concrete in bridges
25 BS-88 ('R) Literature on corrosion protection in concrete structures Aug-18
Guidelines on Use of Core Cutter and Other Miscellaneous
26 BS-82 Nov-06
Tools on Railway Bridge
Guidelines for design of POT-PTFE Bearing for Railway
27 BS-80 Sep-06
Bridges
Guidelines on use Ultrasonic Instrument for Monitoring of
28 BS-53 Apr-03
Concrete Structure. (Provisional).
29 BS-45 Guidelines on Fabrication of Steel Channel Sleepers 2004
30 BS-42 Guidelines on use of Micro Cover Meter Oct-01
31 BS-41 Guidelines for Integrity Testing of Piles Oct-01
Guidelines for Under Joint detailing using steel hollow
32 BS-37 section RHS/SHS in foot-over bridges (to be read with Aug-01
drawing [Link]-0021/1-7)
Instrumentation Techniques to Monitor loss of Pre-Stress
33 BS-36 Jun-01
and Corrosion of Steel in Pre-Stressed Concrete
Effect of Vibrations due to Rail Traffic on Structures located
34 BS-33 Mar-01
along Railway Track
35 BS-32 Study on Noise Level on Railway Bridges 01-12-'2000
Master List of Drawings of Bridges and Structures
36 BS-28 Aug-23
Directorate ('R)
37 BS-25 Guidelines on use of Admixtures in Concrete Dec-99
Report on Investigation for dynamic Augment on Ballasted
38 BS-24 Dec-99
Deck Concrete Bridges
39 BS-23 Guidelines on use of Ready-mix Concrete 01-08-'2000

C) POLICY LETTERS / CIRCULARS ISSUED BY

RAILWAY BOARD, RDSO and ZONAL RAILWAY (PCE/CAO):

1) GADs AND APPROVALS

Sl. Letter
No Issued Dated Subject Letter No.
. By
Implementation of "Rail-Road
2015/CE-IV/ROB/78
1 [Link]. 19.09.2023 Crossing GAD Approval System" for
(RORACS)
State Governments & UTs.
Standard Procedure Order for ESP, 2017/CE-
2 [Link]. 21.04.2022 SIP & GAD approval in Zonal I/CT/13/Procedure
Railways Simplification
Checklist for preparation of GAD of
3 RDSO 04.02.2022 CBS/DBR/IMP/Policy
Railway Bridges (Revision-1).
Approval of GADs and Design of 2021/2/CE/III/BR/1/Bri
4 [Link]. 19.07.2021
Bridges being constructed by PSUs dge Policy
 Page 156 of 214

Approval of Bridge Drawings/Designs

2O21 I 2 |
for Bridge works being executed by
5 [Link]. 17.05.2021 CEIII/BR/1/Bridge
Railway and Other
Policy
PSUs/Organizations.
ESO-
91 Preparation of GADs and Completion Engineering Standard
6 08.02.2021
PCE/S Drawings of Bridges. Order No.91
C
CBE/S Elimination of existing STC bridges -
7 14-12-2017 W.71/Bridge Policy
C Doubling Projects -Reg
Approval of Design Basis of Important 2014/CE/III/BR/1/Brid
8 [Link]. 09.03.2017
Bridges by RDSO. ge Policy.
2014/CE/III/BR/1/Brid
9 [Link]. 21.04.2015 Span arrangement of Railway Bridges
ge Policy.
Definition of "Affecting Existing 99/CE-
10 [Link]. 17.05.2013
Bridges"- CBE approval . I/Misc/239(IRBM) Pt I
2) BRIDGE PLANNING, DESIGN & CONSTRUCTION
Sl. Letter
No Issued Dated Subject Letter No.
. By
Construction of new Bridge 2021/ED(ProjM)/Misc/
1 [Link]. 12.11.2021
during Doubling. Committee.
ESO-
89 Protection and Safety Measures Engineering Standard
2 29.07.2020
PCE/S at Bridge Work Sites. Order No.89
C
ESO-
87 Bridge Planning and Engineering Standard
3 21.05.2020
PCE/S Construction-Policy Order No.87
C
DBR and TAG for new important 2014/CE-III/BR/Bridge
4 [Link]. 12.02.2020
bridges Policy
Approval of design basis of 2014/CE-III/BR/Bridge
5 [Link]. 11.11.2019
important Bridges by RDSO. Policy
Policy Guidelines - Execution
6 [Link]. 05.07.2018 and Alignment of 3rd Line 2013/PL/19/1(Policy)
Projects.
Construction of Bridges during 2017/29/CE-III/BR/Br
7 [Link]. 03.08.2017
Doubling 588/ECoR
Approval of design basis of 2014/CE-III/ BR/
8 RB 9/10.3.2017
important bridges by RDSO Bridge policy
CBE/S Grouting of Pitching of Slopes of
9 18.03.2015 W.71/BR/Bridge Policy
C Embankment .
PCE / Provision of flood protection
10 11.12.2015 W.71/BR/Bridge Policy
SC works
3) HYDRAULIC PARTICULARS - WATERWAY, DISCHARGE etc.
Sl. Letter
No Issued Dated Subject Letter No.
. By
 Page 157 of 214

Inland Navigation Channels passing 2016/21/CE-

1 [Link]. 18.05.2016 through Railway Bridges on Indian III/BR/Inland
Railways. Waterways
PCE/S
2 10.12.2015 Provision of flood protection works W.71/BR/Bridge Policy
C
PCE/S Provision of cross drainage during
3 27.11.2015 W.71/BR/Bridge Policy
C doubling/tripling and flood protection
Calculation of Waterways, Foundation 2014/CE-III/BR/Bridge
4 [Link]. 04.02.2015
Design etc. Policy
2014/CE-III/BR/Bridge
5 [Link]. 21.04.2015 Span Arrangement of Railway Bridges
Policy
Para 4.2 of IRS-Bridge Sub-Structure
6 [Link]. 07.06.2010 and Foundation Code-Regarding 2007/CE-I/BR-III/3
Estimation of Design Discharge.

4) SUB STRUCTURE - FOUNDATIONS FOR BRIDGES

Sl. Letter
No Issued Dated Subject Letter No.
. By
Open Foundations – Keying into Rock
CBE/S W.71/BR/Bridge
1 22-12-2021 and Provision of Steel Rock
C Policy/ [Link]
Anchorages.
Loss due to Defective Investigation of 2004/BC/AP/3.3/2002-
2 [Link]. 17.06.2013
Soil 03
CAO/S Shape and size of the Piers adjoining
3 10.08.2011 CAO/C/Cisculars/2011.
C of the existing Railway/Road bridges.
5) PILE FOUNDATION
Sl. Letter
No Issued Dated Subject Letter No.
. By
CAO/S [Link]/496/PL/C/T&C/
1 02.09.2014 Pile Load / Integrity Testing.
C XIX/[Link].
Design of Pile Foundation for Railway
2 RDSO 08.08.2013 CBS/DWF
Bridges.
6) WELL FOUNDATION
Sl. Letter
No Issued Dated Subject Letter No.
. By
Centre to Centre distance of Deep
1 RDSO 15.07.2019 Foundations of Existing and New CBS/DWF
Bridges.
Type of Foundation for Railway 2014/CE-III/BR/Bridge
2 [Link]. 15.11.2016
Bridges. Policy
7) BEARINGS
Sl. Letter
No Issued Dated Subject Letter No.
. By
Standard QAP for Elastomeric
1 RDSO 28.02.2023 CBS/PBEJ/Reg.
bearing, POT-PTFE bearing &
 Page 158 of 214

Expansion Joint.

Use of Spherical Bearings for Long 204/CE-III/BR/Bridge

2 [Link]. 31.07.2017
Span Bridge Girders. Policy
8) SUPER STRUCTURE - RCC / PSC / OPEN WEB GIRDER / PLATE GIRDER
Sl. Letter
No Issued Dated Subject Letter No.
. By
CBE/S Provision of 5.15m deck width in W.71/Br/Bridge
1 08.10.2021
C ballasted deck bridges Policy/[Link]
CBE/S Measurement of Camber in Steel & W.71/Br.L/P/9/Vol-
2 22.02.2021
C PSC Girders. VIII.
24/29.04.201 Guidelines on Residual Camber in
3 RDSO CBS/DOW
5 Open Web Girders
Adoption of Aluminium Metalizing on
4 RDSO 17.04.2014 CBS/MPP/Meeting
all New Steel Bridge Girders.
Use of Standard drawings 2013/CE-
5 [Link]. 11.08.2014
(Superstructure) on Railway system III/BR/RDSO/Misc.
Provision of Man Refuge on Through 2008/CE-
6 [Link]. 21.09.2010
Open Web Girder Bridges. I/BR/[Link]
Man Refuge on Through Open Web
7 RDSO 23.09.2010 CBS/PATHWAY
Girder Bridges.
Adoption of Steel Super Structure of
8 [Link]. 28.05.2009 2005/CE-I/BR-II/8.
Bridges for Spans more than 24.4m.
9) RCC BOX BRIDGES
Sl. Letter
No Issued Dated Subject Letter No.
. By
Construction of RCC Boxes for 2O 1 5/ CE-
1 [Link]. 19.01.2022
Railway Bridges III/BR/Structure Code
Construction of RCC Boxes for the 2O 1 5/ CE-
2 [Link]. 19.07.2018
Railway Bridges. III/BR/Structure Code
Suitability of RCC Boxes for Major
3 RDSO 27.04.2017 CBS/DBC.
Bridges.
10) ROBs
Sl. Letter
No Issued Dated Subject Letter No.
. By
Safety Audit of Grade
2015/CE-IV/ROB/78
1 [Link]. 08.11.2023 Separator/ROBs - Provision of Safety
(Pt.1)
Fencing over NH-Corridors.
Suitability of RDSO Standard
Composite Girder ROB drawings for
2 RDSO 17.08.2022 CBS/DRO.
Skew angle >20 Degree and < 30
Degree.
Skew angles to be adopted in the Road 2017/CE-
3 [Link]. 16.02.2021
Over Bridges (ROBs). IV/ROB/164(Policy)
 Page 159 of 214

Design of Non –Standard composite 2016/54/CE-

4 [Link]. 12.02.2021
Girder for ROB III/BR/RDSO/Misc.
Design procedure for Non Standard
2015/CE-IV/ROB/78
5 [Link]. 15.01.2020 spans in construcion of ROBs on
(Pt.)
Indian Railways.
Checking of Non-Standard Composite
6 RDSO 31.08.2020 CBS/DRO.
Girder ROBs
Design of Non –Standard composite 20 16/54/CE-
7 [Link]. 21.09.2020
Girder for ROB lll/BR/RDSO/ Misc.
Failure of Non-Standard Bow String 2015/CE-IV/ROB/78
8 [Link]. 04.06.2019
Girder bridge (ROB). (Pt.)
Headroom clearance under ROBs &
2006/RE/161/4/[Link](F
9 [Link]. 17.01.2011 FOBs on Indian Railway routes,
TS-776).
excluding DFC.
Engineering Standard
10 PCE 05.05.2011 Height Gauges at RUB/LHS.
Order No.73
Safety precautions & measures of
11 [Link]. 27.10.2009 2006/CE-I/AC-I (Pt).
ROB/RUB Works
Provision of Guard Rails under FOBs Engineering Standard
12 PCE 03.09.1999
/ROBs. Order No.9
11) RUBs / LHS / SUBWAYS
Sl. Letter
No Issued Dated Subject Letter No.
. By
Preventing water-logging at
1 [Link]. 09.09.2022 2017/CE-IV/RUB/88
Subways/RUBs.
Provision of weep holes in mass
concrete retaining walls provided at
Waterway Bridges, RUBs and in
cuttings of formation or elsewhere due
CPD/B 352/BR/Policy/Subway
2 25.07.2022 to space constraints, needing Earth
W s.
retention on one side - The reasons
behind and the instructions for closure
of weep holes provided at RUB
location.
Execution of RUB/Bridge works with
PCE/S W.71/BR /Bridge
3 16.03.2021 BOX Pushing method - Use of Rail
C Policy.
Clusters for safety.
Water logging & drainage problem in
4 [Link]. 18.02.2021 2017/CE-IV/RUB/88
RUB/Subways.
CE(RS
5 07.10.2020 Drainage problems at RUBs. W.287/RUB-Drainage
W)/SC
Drainage in LHS/RUB/Subway -
6 [Link]. 24.09.2019 2017/CE-IV/RUB/88
Executive Summary.
Important issues related to
7 [Link]. 04.10.2017 Construction of RUB/Subways 2017/CE-IV/RUB/88
including drainage.
PCE/S Typical plan of LHS with protection W.352/Br/Policy/Subw
8 21.10.2016
C measures to avoid flooding of RUBs ays
 Page 160 of 214

Protection measures to avoid flooding

PCE/S W.352/BR/Policy/Subw
9 18.05.2016 of RUBs and damage of bank during
C ays.
heavy rainfall.
Protection Arrangements for RCC Box 2015/CE-
10 [Link]. 01.12.2015
culverts & RUB/LHS. III/BR/RDSO/Misc.
Construction of RUBs-
2014/CE-III/BR/Bridge
11 [Link]. 29.05.2015 Approval of PCE/CAO, for adopting
Policy.
Box Pushing Technique.
12) FOBs (FOOT OVER BRIDGES).
Sl. Letter
No Issued Dated Subject Letter No.
. By
Development of RDSO’s standard
drawings of 6m wide FOB for span 20221 3/CE-
1 [Link]. 21.10.2022
25m to 30m with composite I-Girder III/BR/CBE Conference
& Tubular sections.
Fabrication of Road Over
Bridges(ROBs) girder for Railway 2017/50/CE-
2 [Link]. 18.12.2018
span and Foot Over Bridge(FOB0 III/BR/FOB
girders.
Subways/FOBs-Provision of Subways
CE/P&D W.351/Bldgs/FOBs/PFs
3 16.01.2017 and adoption of Standard spans and
/SC /Policy(W-II)
Provision of Ramps
Modification of existing FOBs for
4 PCE/SC 19.08.2013 [Link]/Genl/2013
connecting to Lifts and Escalators.
Provision of Ramp on FOBs at the end
5 RDSO 23.04.2013 WKS/35/[Link]
of Platforms
Headroom clearance under ROBs &
2006/RE/161/4/[Link](F
6 [Link]. 17.01.2011 FOBs on Indian Railway routes,
TS-776).
excluding DFC.
Modification of FOB drawings - W.71/Br/FOB/Modifica
7 PCE/SC 16.06.2015
Details of Steel work. tion
13) COPs /COVER OVER SHEDS/IRS SHELTERS
Sl. Letter
No Issued Dated Subject Letter No.
. By
CBE/S Construction and maintenance of W.71lBR/Bridge/Policy
1 28.09.2021
C Cover Over Platforms and FOBs /[Link]
CBE/S Construction and Maintenance of W.71/BR/Bridge/Policy
2 25.04.2016
C Cover Over Platforms and FOBs. .
15) FABRICATION OF BRIDGES
Sl. Letter
No Issued Dated Subject Letter No.
. By
Outsourcing of fabrication of 2022 I CE-
1 [Link]. 23.02.2023 structural steel work for bridge girders IIIiBR/Fabrication (E-F
for various projects. ile -3 40 17 28)
 Page 161 of 214

RDSO Model QAP's for Fabrication

CBS/Bridge Insp/Genl
2 RDSO 01.03.2023 Inspection of RDSO Standatd Steel
Matters.
Girders.
Fabrication of Girders through Bridge 2022/ CE-
3 [Link]. 07.09.2022 Workshops IIVBR/Bridge
(W.R.T. EPC Contract) Workshop Policy
20 17 I I 6 I CE-
4 [Link]. 16.09.2022 Fabrication of Steel Bridge Girders. III/BR/Girder
Inspection
Inspection and Certification of
20 1 7/1 6/CE-
structural steel fabrication and erection
5 [Link]. 17.11.2022 III/BR/Girder
works for Infrastructure projects in
Inspection
India and Abroad.
2016/54/CE-
6 [Link]. 09.05.2019 Supply of Steel Girders.
III/BR/RDSO/Misc
Fabrication of Road Over Bridge
2017/50/CE-
7 [Link]. 18.12.2018 (ROB) Girder for Railway Span and
III/BR/FOB
Foot Over Bridge (FOB) Girder.
Use of Parallel Flange Steel Sections
8 RDSO 23.02.2018 (NPB/WPB) for use in Railway CBS/DOW
Bridges and Structures.

16) INSPECTION ARRANGEMENTS FOR BRIDGES

Sl. Letter
No Issued Dated Subject Letter No.
. By
Provision of Side Pathways on Girder
1 RDSO 24.04.2019 CBS/DPG/1.
Bridges
Inspection of Railway Bridges/ROBs
2 [Link]. 02.07.2018 2013/CE-III/BR/IRBM
before commissioning.
Provision of Side Pathways on Girder
3 RDSO 01.01.2018 CBS/DPG/1.
Bridges
High Level Safety Review
4 RDSO 28.06.2016 Committee's (HLSRC) CBS/ROB/ARCH
recommendations-Regarding Camber.
Providing necessary Inspection 2014/CE-III/BR/Bridge
5 [Link]. 09.10.2014
arrangements for New Bridges. Policy
17) SPECIFICATION OF MATERIALS
Sl. Letter
No Issued Dated Subject Letter No.
. By
Generic Technical specifications for
Self Locking Steel Nuts to be used in CBS/Self Locking
1 RDSO 16.03.2023
Hook Bolts of steel girder bridges over Nuts.
Indian Railways.
System improvement guidelines for
PCE/S W.416/unified/SS/SSR/
2 09.02.2022 bringing economy in Concrete Design
C [Link]
Mix.
 Page 162 of 214

[Link].496/PL/C/T&C/
CAO/C Usage of Steel in Construction
3 23.03.2022 XIX/[Link]/Steel
/SC Projects - System Improvement.
Usage
Avoiding use of Pitted/Corroded Steel
20/22.06.201 Plates and Surface preparation of Steel
4 RDSO CBS/Insp/WBG
6 for Fabrication and Painting for
Railway Bridges.
Civil Engineering Materials testing by
PCE/S SCR-HQ-
5 08.12.2020 NABL and ISO certified Laboratories
C ENGG(SOR/21/2019
for various Civil Engineering Works.
Stainless Steel for Structural 2017/50/CE-
6 [Link]. 04.11.19
Application III/BR/FOB
18) LAUNCHING SCHEMES / TEMPORARY ARRANGEMENTS
Sl. Letter
No Issued Dated Subject Letter No.
. By
Launching Scheme for Bow String
1 RDSO 03.02.2015 CBS/ROB/ARCH
Arch Girders.
Special Conditions for Working of
2 [Link]. 15.02.2016 2015/CE-IV/RUB/206
Road Cranes.

19) PLATFORM CONSTRUCTION

Sl. Letter
No Issued Dated Subject Letter No.
. By
Guidelines on the Specification of
material to be used for Construction of
PCE/S W.351/Platforms/Syste
1 06.01.2022 Platform Wall , Platform Surface and
C m Improvements.
its related Cross sections for various
categories , PF and Stations.

20) LOAD TESTING, INSPECTION OF BRIDGES AND CRS MATTERS

Sl. Letter
No Issued Dated Subject Letter No.
. By
Gazette notification for exemption in
CBE/S "The Railway Act 1989" - W.71/BR/Bridge
1 01.02.2023
C Dispensation of CRS sanction in Policy/[Link]
certain items.
Guidelines for Load Testing of
2 RDSO 21.01.2021 CBS/Load Testing.
Bridges
2017/16/CE-
Inspection of new steel Bridge
3 [Link]. 24.07.2019 III/BR/Girder
Girders.
Inspection
22) BALLAST LESS TRACK (BLT)
Sl. Letter
No Issued Dated Subject Letter No.
. By
 Page 163 of 214

Construction of Escape Tunnel during

2023/W-I/Genl/Misc
1 [Link]. 22.11.2023 Tunnelling Works over Indian
(E-3434089)
Railways.
Provision of Ballastless Track (BLT) 2019/W-1/Genl./Policy
2 [Link]. 09.03.2022
in Tunnels. Pt.1
Track Structure on Rail Fly Overs 2018/29/CE-
3 [Link]. 30.05.2018
(RFOs). III/BR/RFOs.
Construction of Washable Aprons at
4 RDSO 08.09.2021 CT/EF/TSC
Busy Yards.
23) INFRASTRUCTURE AND SAFETY
Sl. Letter
No Issued Dated Subject Letter No.
. By
Use of Permanent Shuttering in 20 1 7/07 I CE-IIl
1 [Link]. 27.09.2022
Bridges. BNSafety
Execution of Bridge, ROB, RUB,
2O16 /52 /
2 [Link]. 12.03.2021 FOB & Rail Flyover works affecting
CE/III/BR/Safety
running lines
Protection of Safety measures at
3 29.07.2020 ESO-89
PCE/SC Bridge Work Sites
24) RSI -RAIL STRUCTURE INTERACTION
Sl. Letter
No Issued Dated Subject Letter No.
. By
RSI Study for continuing LWR/CWR
1 CBE/SC 07.07.2021 W.71/BR/Bridge Policy
on Ballasted Deck Bridges .
25) TRACK
Sl. Letter
No Issued Dated Subject Letter No.
. By
Flash Butt welding of Free Rails by 2018/Track-
1 [Link]. 13.02.2023 Railways and PSUs in Construction I/11/1/[Link]
projects. II
AT Welding Rail in Construction
2 [Link].
05.05.2015 projects Track/21/2009/0110/7
Welding of Rails in Construction
3 [Link].
04.08.2011 projects. Track/21/2009/0110/7
2018/Track-
4 [Link]. 08.03.2021 FB Welding of free rails by Railways I/11/1/[Link]
and PSUs in Construction Projects. VolI
[Link].496/PL/C/T&C/
5 CAO/C 28.03.2022 Painting of Rails in construction XIX/Vol IX/Painting of
projects. rails
 Page 164 of 214

D) Drawings Issued By Zonal Railway:

FOOT PATH ARRANGEMENTS FOR BRIDGES

Sl.
Issued
No Subject Drawing No.
By
.
Arrangement of Steel Truss Type Foot Path
For RDSO Standard PSC Slabs. GM(W)SC/BR/TR/STEEL/S
1 CBE/SC
TD/146/2020.

Arrangement of Steel Beam Type Foot Path GM(W)SC/BR/TR/STEEL/S

2 CBE/SC
for 12.20m,9.15m and 6.10m RDSO STD TD/147/2020.
PSC Slabs.

GM(W)SC/BR/TR/STEEL/S
3 CBE/SC Details of arrangement for "h" shape Foot TD/148/2020.
Path Unit for Span 12.2mto 3.05m PSC Slabs
of RDSO [Link].

GM(W)SC/BR/TR/STEEL/S
4 CBE/SC Details of Arrangement for Cantilever TD/149/2020.
Integrated Foot Path for PSC Slabs of Spans
12.20m, 9.15m and 6.10m of RDSO Std.

DECK WIDTH 5.15M AND PROVISION OF BALLAST RETAINER

Details of Arrangement for Revised Ballast
Retainer for Post Tensioned PSC Slab with 4 GM(W)SC/BR/TR/STEEL/S
1 CBE/SC Units 12.20m (RDSO-B-10271 & RDSO-B-
TD/150/2020.
1-271/1 for 25 T loading Std).

Details of Arrangement for Revised Ballast

Retainer for Post Tensioned PSC Slab with 2 GM(W)SC/BR/TR/STEEL/S
2 CBE/SC
Units 9.15m (RDSO-B-10272/R for 25 T TD/151/2020.
loading Std).
Details of Arrangement for Revised Ballast
Retainer for Post Tensioned PSC Slab with 2 GM(W)SC/BR/TR/STEEL/S
3 CBE/SC
Units 6.10m (RDSO-B-10274 for 25 T TD/152/2020.
loading Std).
Details of Arrangement for Revised Ballast
Retainer for Pre Tensioned PSC Slab with 2 GM(W)SC/BR/TR/RCC/STD
4 CBE/SC
Units 4.57m (RDSO-BA-10261-Alt 1) for 25 /153/2020.
T loading Std).

Details of Arrangement for Revised Ballast

Retainer for Post Tensioned PSC Slab with 2 GM(W)SC/BR/TR/RCC/STD
5 CBE/SC
Units 3.66m (RDSO-B-10278) for 25 T /154/2020.
loading Std).
 Page 165 of 214

Details of Arrangement for Revised Ballast

Retainer for Pre Tensioned PSC Slab with 2 GM(W)SC/BR/TR/RCC/STD
6 CBE/SC
Units 3.66m (RDSO-B-10260-Alt 1) for 25 T /155/2020.
loading Std).

Details of Arrangement for Revised Ballast

Retainer for Post Tensioned PSC Slab with 2 GM(W)SC/BR/TR/RCC/STD
7 CBE/SC
Units 3.05m (RDSO-B-10277) for 25 T /156/2020.
loading Std).

Details of Arrangement for Revised Ballast

Retainer for Pre Tensioned PSC Slab with 2 GM(W)SC/BR/TR/RCC/STD
8 CBE/SC
Units 3.05m (RDSO-BA-10259-Alt-1) for 25 /157/2020.
T loading Std).

Pre Stressed Concrete 2 I Girder of Span

GM(W)SC/BR/TR/RCC/STD
9 CBE/SC 18.30m(Post Tensioned Type) for 25 T
/158/2020.
Loading -2008 to suit Deck width 5.15m.

Pre Stressed Concrete 2 I Girder of Span

12.20m (Post Tensioned Type)for Straight GM(W)SC/BR/TR/RCC/STD
10 CBE/SC
Track alignment for 25 T Loading -2008 to /159/2020.
suit Deck width 5.15m.

INSPECTION LADDER

General Arrangement Drawing Showing GM/W/SC/BR/LADDER/ST

1 CBE/SC
Details Of Ladder On Bridge Pier. D/7/2021.

RETAINING WALL FOR RUB

Sl.
N Issued By Subject Drawing No.
o.

GM(W)SC/BR/RUB/STD/42
1 CBE/SC Standard Drawing for Mass or Plain Cement 06/2019-
Concrete Retaining Wall 9with Weep Holes) Alt 2.
Along the Road for RUB Approaches.

Structural Drawing of U Type RCC Retaining

GM/W/SC/BR/RUB/RCC/ST
2 CBE/SC Wall on Approach Road of RUB : Height of
D/276/2023.
Wall Varying From 1m to 8m.
 Page 166 of 214

Drawing On Protective measures to avoid Flooding of RUB and Damage of Bank during
heavy Rainfall.

Typical plan of LHS for Two lane and One

GM(W)SC/BR/RUB/STD/34
lane with Protective measures to avoid
1 CBE/SC 24/2016-
Flooding of RUB and Damage of Bank
Alt 1.
during heavy Rainfall.

FOB - DETAILS OF FOUNDATION FOR MAIN COLUMNS

FOB - 12.0m Wide for
Span 25m to 30m with GM/W/SC/BR/TR/RCC/STD/FOB/2/2023
1 CBE/SC
Composite I-Girder and .
Tubular Sections.
PLATFORM CONSTRUCTION
Sl.
No Issued By Subject Drawing No.
.
Platform Wall With Pre
GM/W/SCPF WALL /70-2022(Sheet 1 of
1 CE/P&D/SC Cast RCC , Stone Masonry
2)
& Brick Masonry.
Goods Platform With Pre
GM/W/SCPF WALL /70-2022(Sheet 2 of
2 CE/P&D/SC Cast RCC Counter Fort
2)
Wall

3 CE/P&D/SC Passenger Platform GM/W/SCPF WALL/VDC /71-2022.

Flooring With VDC

BOX PUSHING - RCC BOX

Sl.
No Issued By Subject Drawing No.
.
General Arrangement
Drawing of Rail Cluster
1 CBE/SC Arrangement to ensure GW(W)/SC/BR/TR/STD/4393/2021.
safety of Track during Box
Pushing.
General Arrangement
Drawing of RSJ Cluster
2 CBE/SC Arrangement to ensure GW(W)/SC/BR/TR/STD/4394/2021.
safety of Track during Box
Pushing.
 Page 167 of 214

NOTE:
1. The above mentioned codes, manuals and Policy letters issued by Railway Board can be accessed
in respective directorates in [Link]
2. BS reports, Policy letters issued by Zonal Railways and Drawings issued by Zonal Railway can be
made available on request, as per requirement.

2. Deviation from the Specifications and Standards:

Notwithstanding anything to the contrary contained in Paragraph 1 above, the following

Specifications and Standards shall apply to the Railway Project, and for purposes of this Agreement,
the aforesaid Specifications and Standards shall be deemed to be amended to the extent set forth below:
Nil

3. Important aspects to be considered while designing/execution of bridges:

3.1 Pipe Culverts are not be permitted for Water way bridges.
3.2 Minimum Deck width of 5.15m shall be provided for ballasted decks on bridges to facilitate deep
screening by BCM. Standard drawings issued by CBE/SCR shall be used for the same. If adoption of
above mentioned Standard drawings is not feasible , as per site condition, the Contractor can use his
own design and drawing, with approval of Authority.
3.3 Suitable inspection arrangements for all bridges have to be made in the form of steps, ladders, trolley
refuges, man refuges, side pathways/footpaths. In this connection, provisions in RDSO BS113,
Railway Board Lr No. 2008/CE-I/BR/PCE Conference Dt. 21.09.2010, RDSO Lr No. CBS/DPG1 Dt.
24.04.2019 shall be referred.
3.4 In order to facilitate inspection of the bridge bearings, suitable RCC inspection platform of not less
than 1m wide shall be provided all around the bed blocks.
3.5 All the bridges shall be designed to facilitate laying of LWR. Bearings in case of ballasted deck
bridges as well as non ballasted deck bridges should be suitably designed to facilitate continuation of
LWR over the bridges. Rail Structure Interaction (RSI) analysis should be carried out using MIDAS
software. In case laying LWR over bridges is not technically feasible, the Agency shall obtain
approval from Authority Engineer after submitting RSI analysis.
3.6 Drains shall be constructed in the cuttings at the locations as mentioned in Annexure-I of Schedule-B.
The following general principles shall be adopted in design and construction of these drains:
 The section of drains shall be adequate to carry required discharge.
 Minimum Bottom width shall be 600mm (In side-Clear Opening).
 Minimum Grade of Concrete -M15 with 20mm size coarse aggregate.
 Longitudinal slope of drains shall ensure development of Self Cleaning Velocity.
 Drain shall have off-side earthen berm of 300mm width to prevent materials rolling down the slope
into the drain and also provide space to keep the muck during their cleaning.
3.7 Load test on piles shall be carried out as per Para No. 416 of IRBM, para 2.7.7 of IRUSS and as per
the provisions mentioned in IS 2911 (Part-IV). Each bridge with pile foundations and each building
with pile foundations is considered as a structure while interpreting para No. 2.7.7 of IRUSS. Pile
integrity tests shall be done on minimum 50% of the piles at each structure.

3.8 Each bridge pier shall be designed for providing OHE Mast on it, irrespective of span and even in
non electrified sections.
 Page 168 of 214

3.9 Abutments, Piers, Wing wall, Return wall and Retaining wall:
As far as possible, RCC shall be used for construction of all above structures. In any case, if the
heights of the above structures are more than 4 meter (above ground level) they shall be with RCC
only.

3.10 Exposure condition:

(a) For Bridges (As per IRS CBC): Entire Vijayawada Division falls under “Severe” exposure condition
and the remaining 5 Divisions namely Secunderabad, Hyderabad, Guntur, Nanded and Guntakal falls
under “Moderate” exposure condition in general. However, in case any bridge is located nearer to
coastal environment/aggressive environment, exposure condition of that particular bridge will be
considered as “Severe” with the approval of Authority. Decision of the Authority is final in this
regard. All the five important bridges under this work fall under “Moderate” exposure condition.
(b) For Buildings & Structures (As per IS 456): Entire Vijayawada falls under “Very Severe” and the
remaining 5 Divisions namely Secunderabad, Hyderabad, Guntur, Nanded and Guntakal falls under
“Moderate” exposure condition in general. However, in case any building/structure is located nearer
to coastal environment/aggressive environment, exposure condition of that particular
building/structure will be considered as “Very Severe” with the approval of Authority. Decision of the
Authority is final in this regard.

3.11 Painting of Rails: While interpreting the contents of Para No. 613(b)(i) of IRPWM regarding painting
of rails, letter issued by CAO/C/SC office on 28.03.2022 read along with ESO59 shall be followed.
--------------------------------------------------------------------------------------------------------------------------------
 Page 169 of 214

Annexure-IB

(Schedule-D)
REFERENCE DRAWINGS AND INSPECTING AGENCIES FOR [Link] MATERIALS

S. No. Item Drg no. Inspection Agency

Zonal Railway/
1 PSC main line sleepers
T-8746 Consignee
2 ERC T-5919 Consignee
3 CGRSP T-8747 RDSO
4 Metal Liners T-8748 to T-8750 TPI Agency
5 GFN Liners T-8751 to T-8753 RDSO
Zonal Railway/
6 PSC 1 in 12 T-4218
Consignee
7 TWS 1 in 12 T-6155 TPI AGENCY
8 CMS Xing 1 in 12 T-4220 RDSO
9 GRSP 1 in 12 T-4218 RDSO
Zonal Railway/
10 PSC 1 in 8.5 T-4865
Consignee
11 Switch 1 in 8.5 T-6279 TPI Agency
12 CMS Xing 1 in 8.5 T-4967 RDSO
13 GRSP 1 in 8.5 T-4865 RDSO
Zonal Railway/
14 PSC 1 in16 T-5691
Consignee
15 TWS 1 in 16 T-7076 TPI Agency
16 CMS Xing 1 in 16 T-5693 RDSO
17 GRSP 1 in 16 T-5691 RDSO
Zonal Railway/
18 PSC DS T-5836
Consignee
19 Derailing switch T-6068 Consignee
20 GRSP DS T-5836 RDSO
Zonal Railway/
21 PSC SEJ T-4149
Consignee
22 ISEJ T-6902 TPI AGENCY
23 GRSP SEJ T-4159 RDSO
27 ERC J T-8258 Consignee
28 Glued Joints T-2572 TPI Agency
29 Fish plates T-1898 TPI Agency
30 Fish Bolts & Nuts T-1899 TPI Agency
31 PSC Guard Rails T-8970 TPI Agency
Zonal Railway/
32 PSC Bridge approach T-8971 to 8978
Consignee
Zonal Railway/
33 PSC LC sleepers T-8969
Consignee
 Page 170 of 214

Zonal Railway/
34 PSC Curve sleepers T-8621 to 8624
Consignee
35 Rail Screw T-10675 TPI Agency
36 Plate screw T-3913 TPI Agency
37 Single coil washer T-10773 TPI Agency
38 Fish plate 1M T-5916 TPI Agency
39 Joggled FP T-5849 TPI Agency
40 Combination FP 60/52Kg T-696 to 699 TPI Agency
41 SEJ Clamps T-4168 TPI Agency
42 JFP with clamps T-4016 TPI Agency
As per latest
43 Any other [Link] material As per extant guidelines
drawing
** TPI - Third party inspection Agency
 Page 171 of 214

Annex - II
(Schedule-D)

(See Clause 10.2.7(c))

Time Schedule for Review of Drawings by the Authority:

Authority’s
Sl. Preparation Review by Open Line/
Item Review with
No. RDSO
time limit
1. Alignment plan - - Tentative Plans enclosed
with RFP.

2. L Section - - Tentative Plans enclosed

with RFP.

3. Design basis report for Contractor CE/C (60 days) CBE and RDSO to give
important bridges remarks in 45 days.

4. GAD of important bridges Contractor CE/C (45 days), Contractor to submit

CBE and RDSO GAD after clearance of
to give remarks design basis report.
in 30 days

5. Structural drawings of Contractor CE/C (30 days) Contractor to submit

important and major structural drawings for
Bridges Sub-structure & super
structure after clearance
of GADs.

While approving the Designs and Drawings, the following guidelines shall be followed:

1 As per ACS 38 to IRBM , all the GADs of bridges of Doubling & Tripling projects, which affect the
adjacent existing bridges, requires approval of CBE/SC. The proposed bridge will be considered as
affecting the existing bridge during construction, if it involves partial breaking of Wing walls of
existing bridge, exposure of foundation of existing bridge, works relating to joining existing and
proposed bridge etc., The affect during service may be in the form of partial sharing of load by
existing structure etc., Decision of PCE/CBE in this regard shall be final.
2 As per ACS 38 to IRBM, GADs and Launching schemes of all ROBs, RUBs, FOBs and Rail Flyovers
which affect existing lines require approval of CBE.
3 As far as possible, standard drawings for superstructures issued by RDSO shall be followed.
However, in case non-standard drawings are unavoidable, specific approval of concerned
CAO(C)/PCE shall be taken for adoption of the same.( Ref: Rly board letter No.2013/CE-
III/BR/RDSO/Misc Dated 11.08.2014)

4 As far as possible, Open Foundations are to be adopted for new bridges. However, SAG Officers/CBE
can decide on comparative analysis and techno-economic considerations, for adoption of
Open/Well/Pile foundations. ( Ref: 2014/CE-III/BR/Bridge Policy Dated : 15.11.2016)
 Page 172 of 214

5 As far as possible, only RDSO approved spans for bow string girders will be adopted. In rare case, if
it is unavoidable to use non-standard span, then the design should be finally cleared by RDSO only.
Railway Board should be intimated for use of this non-standard design.( ref : RB letter No. 2015/ CE-
IV/ ROB/ 78( pt) dt 4.6.2019)

6 ROB in SKEW should be avoided, as far as possible. If it is unavoidable, skew angle of the ROB
should be less than 30 Degree. For skew angle beyond 30 and up to 45 Degree, CBE has to approve
the GAD duly recording the reasons for the same. For skew angle beyond 45 Degree, approval of Rly
Bd should be taken. (Ref: Rly Bd [Link] 16.02.2021).

7 Design basis report (DBR) should be prepared as per BS 122 for important bridges. The same shall be
approved by CBE . DBRs of those important bridges where use of special type of span/ use of new
technology is envisaged or use of codes other than Indian codes due to peculiarity of the bridge is
envisaged shall be submitted to RDSO for approval ( Ref : RB letter No. 2014/ CE-III/ BR/ Bridge
policy dt 12.2.2020)
8 Approvals for adoption of RCC Boxes for Railway Waterway Bridges and RUBs shall be as per
Railway Board Lr. No. 2015/CE-III/BR/Structure Code Dt. 19.01.2022.

9 Sanction of PCE/SC is required for the following Bridge works (Minor Sanction):
i) Construction of FOBs.
ii) Construction of ROBs.
iii) Construction of Minor Bridges.
iv) Construction of Major Bridges.
(As per Gazette notification and CBE/SC letter Dated 01.02.2023.)

-------------------------------------------------------------------------------------------------------------
 Page 173 of 214

SCHEDULE - E
(See Clause 3.1.6(a))
APPLICABLE PERMITS

1 Applicable Permits

1.1 The Contractor shall obtain, as required under Applicable Laws, the following
Applicable Permits:

(a) Permission of the State Government for extraction of boulders from quarry;

(b) Permission of Village Panchayats and Pollution Control Board for installation
of crushers;

(c) License for use of explosives;

(d) Permission of the State Government for drawing water from river/reservoir;

(e) License from inspector of factories or other competent Authority for setting up
batching plant;

(f) Clearance of Pollution Control Board for setting up batching plant;

(g) Clearance of Village Panchayats and Pollution Control Board for setting upasphalt
plant;

(h) Permission of Village Panchayats and State Government for borrow earth;and

(i) Any other permits or clearances required under Applicable Laws.

1.2 Applicable Permits, as required, relating to environmental protection and conservation

shall have been or shall be procured by the Authority in accordance with the provisions of
this Agreement.
 Page 174 of 214

SCHEDULE - F
(See Clauses 7.1.1, 7.5.3 and 17.2)
FORM OF BANK GUARANTEE
Annex-I
(See Clause 7.1.1)
Performance Security

FA&CAO/C,
South Central Railway,Seunderabad.

WHEREAS:

(A) …………………………………… (insert name and address of the contractor) (hereinafter

called the “Contractor") and (insert name and address of the project authority),
(hereinafter called the “Authority”) have entered into an agreement (hereinafter called the
“Agreement”) for the “Engineering, Procurement & Construction (EPC) Contract in
connection with Proposed Doubling of MBNR-DHNE section - Proposed Construction of
Important Bridges (i) Bridge No.353 over Mareddypallivagu at Ch.165379.00m with
15x12.20mClear span PSC Slab, (ii)Bridge No.375 over Okachettyvagu at
Ch.173523.00m with 21x12.20m Clear span PSC Slab (iii) Bridge No.398 over Krishna
river at Ch.182034.0m with 34x24.40m Clear span PSC Box Girder (iv) Bridge No. 442
over Tungabhadra river at Ch. 241415.0mwith 45x18.30 mtrs clear span with PSC U
girder and (v) Bridge No. 450 over Handrineeva river at Ch. 244347.30m with 14x12.20
mtrs clear span with PSC slab including earth work on approaches of the bridges, bridge
protective works and other miscellaneous works in Hyderabad Division of SCR in the
state of Telangana”, subject to and in accordance withthe provisions of the Agreement
(B) The Agreement requires the Contractor to furnish a Performance Security for due and
faithful performance of its obligations, under and in accordance with the Agreement,
during the {Construction Period/ Defects Liability Period} (as defined in the Agreement)
in a sum of Rs….. cr. (Rupees ................................................. crore) (the
“Guarantee Amount”).

(C) We, ………………….. through our branch at ............................. (the “Bank”) have
agreed to furnish this bank guarantee (hereinafter called the “Guarantee”) by way of
Performance Security.

NOW, THEREFORE, the Bank hereby, unconditionally and irrevocably, guarantees andaffirms
as follows:

1. The Bank hereby unconditionally and irrevocably guarantees the due and faithful
performance of the Contractor’s obligations during the {Construction Period of 900 days/
Defects Liability Period} under and in accordance with the Agreement, and undertakes to
pay to the FA&CAO/ Construction / SC Railway , upon it’s mere first written demand,
and without any demur, reservation, recourse, contest or protest, and without any
reference to the Contractor, such sum or sums up to an aggregate sum of the Guarantee
Amount as the Authority shall claim, without the Authority being required to prove or to
show grounds or reasons for its demand and/or for thesum specified therein.
 Page 175 of 214

2. A letter from the Authority, under the hand of an officer not below the rank of JAG in SC
Railway, that the Contractor has committed default in the due and faithful performance of
all or any of its obligations under and in accordance with the Agreement shall be
conclusive, final and binding on the Bank. The Bank further agrees that the Authority
shall be the sole judge as to whether the Contractor is in default in due and faithful
performance of its obligations during and under the Agreement and its decision that the
Contractor is in default shall be final and binding on the Bank, notwithstanding any
differences between the Authority and the Contractor, or any dispute between them
pending before any court, tribunal, arbitrators or any other authority or body, or by the
discharge of the Contractor for any reason whatsoever.

3. In order to give effect to this Guarantee, the Authority shall be entitled to act as if the
Bank were the principal debtor and any change in the constitution of the Contractor and/or
the Bank, whether by their absorption with any other body or corporation or otherwise,
shall not in any way or manner affect the liability or obligation of the Bank under this
Guarantee.

4. It shall not be necessary, and the Bank hereby waives any necessity, for the Authority to
proceed against the Contractor before presenting to the Bank its demand under this
Guarantee.

5. The Authority shall have the liberty, without affecting in any manner the liability of the
Bank under this Guarantee, to vary at any time, the terms and conditions of the Agreement
or to extend the time or period for the compliance with, fulfilment and/ or performance of
all or any of the obligations of the Contractor contained in the Agreement or to postpone
for any time, and from time to time, any of the rights and powers exercisable by the
Authority against the Contractor, and either to enforce or forbear from enforcing any of
the terms and conditions contained in the Agreement and/or the securities available to the
Authority, and the Bank shall not be released from its liability and obligation under these
presents by any exercise by the Authority of the liberty with reference to the matters
aforesaid or by reason of time being given to the Contractor or any other forbearance,
indulgence, act or omission on the part of the Authority or of any other matter or thing
whatsoever which under any law relating to sureties and guarantors would but for this
provision have the effect of releasing the Bank from its liability and obligation under this
Guarantee and the Bank hereby waivesall of its rights under any such law.

6. This Guarantee is in addition to and not in substitution of any other guarantee or security
now or which may hereafter be held by the Authority in respect of or relating to the
Agreement or for the fulfilment, compliance and/or performance of all or any of the
obligations of the Contractor under the Agreement.
7. Notwithstanding anything contained hereinbefore, the liability of the Bank under this
Guarantee is restricted to the Guarantee Amount and this Guarantee will remainin force for
the period specified in paragraph 8 below and unless a demand or claim in writing is made
by the Authority on the Bank under this Guarantee all rights of the Authority under this
Guarantee shall be forfeited and the Bank shall be relievedfrom its liabilities hereunder.

8. The Guarantee shall cease to be in force and effect on ****$. Unless a demand or claim
under this Guarantee is made in writing before expiry of the Guarantee, the Bank shall be
discharged from its liabilities hereunder.

9. The Bank undertakes not to revoke this Guarantee during its currency, except with the
previous express consent of the Authority in writing, and declares and warrants that it has
 Page 176 of 214

the power to issue this Guarantee and the undersigned has full powers todo so on behalf of
the Bank.

10. Any notice by way of request, demand or otherwise hereunder may be sent by post
addressed to the Bank at its above referred branch, which shall be deemed to have been
duly authorized to receive such notice and to effect payment thereof forthwith, and if sent
by post it shall be deemed to have been given at the time when it ought to have been
delivered in due course of post and in proving such notice, when given by post, it shall be
sufficient to prove that the envelope containing the notice was posted and a certificate
signed by an officer of the Authority that the envelope was so posted shall be conclusive.

11. This Guarantee shall come into force with immediate effect and shall remain in force and
effect for up to the date specified in paragraph 8 above or until it is released earlier by the
Authority pursuant to the provisions of the Agreement.

Signed and sealed this ………. day of ……….., 20……… at ………..

SIGNED, SEALED AND DELIVERED

For and on behalf of the Bank by:

(Signature)
(Name)
(Designation)
(Code Number)
(Address)

NOTES:

(i) The bank guarantee should contain the name, designation and code number of the
officer(s) signing the guarantee.

(ii) The address, telephone number and other details of the head office of the Bank as well as
of issuing branch should be mentioned on the covering letter of issuing branch.

$ : insert date being 2 years from the date of issuance of this Guarantee ( in accordance with clause 7.2 of the
agreement
 Page 177 of 214

Annex – II
(Schedule - F)
(See Clause 7.5.3)
Form of Guarantee for Withdrawal of Retention Money

FA&CAO/C,
South Central Railway,
Seunderabad.

WHEREAS:

(A) [insert name and address of the contractor] (hereinafter called the “Contractor") has
executed an agreement (hereinafter called the “Agreement”) with the CE/C-I/SC,
(hereinafter called the “Authority”) for the “Engineering, Procurement & Construction
(EPC) Contract in connection with Proposed Doubling of MBNR-DHNE section -
Proposed Construction of Important Bridges (i) Bridge No.353 over Mareddypallivagu at
Ch.165379.00m with 15x12.20mClear span PSC Slab, (ii)Bridge No.375 over
Okachettyvagu at Ch.173523.00m with 21x12.20m Clear span PSC Slab (iii) Bridge
No.398 over Krishna river at Ch.182034.0m with 34x24.40m Clear span PSC Box Girder
(iv) Bridge No. 442 over Tungabhadra river at Ch. 241415.0mwith 45x18.30 mtrs clear
span with PSC U girder and (v) Bridge No. 450 over Handrineeva river at Ch.
244347.30m with 14x12.20 mtrs clear span with PSC slab including earth work on
approaches of the bridges, bridge protective works and other miscellaneous works in
Hyderabad Division of SCR in the state of Telangana” subject to and in accordance with
the provisions ofthe Agreement.

(B) In accordance with Clause 7.5.3 of the Agreement, the Contractor may withdraw the
retention money (hereinafter called the “Retention Money”) after furnishing to the
Authority a bank guarantee for an amount equal to the proposed withdrawal.

(C) We, ………………….. through our branch at .............................. (the “Bank”) have agreed
to furnish this bank guarantee (hereinafter called the “Guarantee”) for the amount of Rs.
………… cr. (Rupees ................................... crore) (the “Guarantee Amount”).

NOW, THEREFORE, the Bank hereby unconditionally and irrevocably guarantees and affirms
as follows:

1. The Bank hereby unconditionally and irrevocably undertakes to pay to the Authority,
upon its mere first written demand, and without any demur, reservation, recourse, contest
or protest, and without any reference to the Contractor, such sum or sums up to an
aggregate sum of the Guarantee Amount as the Authority shall claim, without the
Authority being required to prove or to show grounds or reasons for its demand and/or for
the sum specified therein.

2. A letter from the Authority, under the hand of an officer not below the rank of SAG in the
South Central Railway that the Contractor has committed default in the due and faithful
performance of all or any of its obligations for under and in accordance with the Agreement
shall be conclusive, final and binding on the Bank. The Bank further agrees that the
Authority shall be the sole judge as to whether the Contractor is in default in due and faithful
 Page 178 of 214

performance of its obligations during and under the Agreement and its decision that the
Contractor is in default shall be final, and binding on the Bank, notwithstanding any
differences between the Authority and the Contractor, or any dispute between them pending
before any court, tribunal,arbitrators or any other authority or body, or by the discharge of the
Contractor for anyreason whatsoever.

3. In order to give effect to this Guarantee, the Authority shall be entitled to act as if the
Bank were the principal debtor and any change in the constitution of the Contractor and/or
the Bank, whether by their absorption with any other body or corporation or otherwise,
shall not in any way or manner affect the liability or obligation of the Bank under this
Guarantee.

4. It shall not be necessary, and the Bank hereby waives any necessity, for the Authority to
proceed against the Contractor before presenting to the Bank its demand under this
Guarantee.

5. The Authority shall have the liberty, without affecting in any manner the liability of the
Bank under this Guarantee, to vary at any time, the terms and conditions of the Retention
Money and any of the rights and powers exercisable by the Authority against the
Contractor, and either to enforce or forbear from enforcing any of the terms and
conditions contained in the Agreement and/or the securities available to the Authority, and
the Bank shall not be released from its liability and obligation under these presents by any
exercise by the Authority of the liberty with reference to the matters aforesaid or by
reason of time being given to the Contractor or any other forbearance, indulgence, act or
omission on the part of the Authority or of any other matter or thing whatsoever which
under any law relating to sureties and guarantors would but for this provision have the
effect of releasing the Bank from its liability and obligation under this Guarantee and the
Bank hereby waives all of its rights under any such law.

6. This Guarantee is in addition to and not in substitution of any other guarantee or security
now or which may hereafter be held by the Authority in respect of or relating to the
Retention Money.

7. Notwithstanding anything contained hereinbefore, the liability of the Bank under this
Guarantee is restricted to the Guarantee Amount and this Guarantee will remainin force for
the period specified in paragraph 8 below and unless a demand or claim in writing is made
by the Authority on the Bank under this Guarantee all rights of the Authority under this
Guarantee shall be forfeited and the Bank shall be relievedfrom its liabilities hereunder.

8. The Guarantee shall cease to be in force and effect 15 (fifteen) days after the date of the
Completion Certificate specified in Clause 12.4 of the Agreement.

9. The Bank undertakes not to revoke this Guarantee during its currency, except with the
previous express consent of the Authority in writing, and declares and warrants that it has
the power to issue this Guarantee and the undersigned has full powers todo so on behalf of
the Bank.
10. Any notice by way of request, demand or otherwise hereunder may be sent by post
addressed to the Bank at its above referred branch, which shall be deemed to have been
duly authorized to receive such notice and to effect payment thereof forthwith, and if sent
by post it shall be deemed to have been given at the time when it ought to have been
delivered in due course of post and in proving such notice, when given by post, it shall be
sufficient to prove that the envelope containing the notice was posted and a certificate
signed by an officer of the Authority that the envelope was so posted shall be conclusive.
 Page 179 of 214

11. This Guarantee shall come into force with immediate effect and shall remain in force and
effect up to the date specified in paragraph 8 above or until it is released earlier by the
Authority pursuant to the provisions of the Agreement.

Signed and sealed this ………. day of ……….., 20……… at ………..

SIGNED, SEALED AND DELIVERED

For and on behalf of the Bank by:

(Signature)

(Name)

(Designation)

(Code Number)

(Address)

NOTES:

(i) The bank guarantee should contain the name, designation and code number of theofficer(s)
signing the guarantee.

(ii) The address, telephone number and other details of the head office of the Bank as well as
of issuing branch should be mentioned on the covering letter of issuing branch.

---------------------------------------------------------------------------------------------------------
 Page 180 of 214

Annex – III (Schedule - F)

(See Clause 17.2)
Form of Guarantee for Advance Payment

FA&CAO/C,
South Central Railway,
Secunderabad.

WHEREAS:

(A) [name and address of the contractor] (hereinafter called the “Contractor”) has executed
an agreement (hereinafter called the “Agreement”) with CE/C-I/SC, (hereinafter called
the “Authority”) for the “Engineering, Procurement & Construction (EPC) Contract in
connection with Proposed Doubling of MBNR-DHNE section - Proposed Construction of
Important Bridges (i) Bridge No.353 over Mareddypallivagu at Ch.165379.00m with
15x12.20mClear span PSC Slab, (ii)Bridge No.375 over Okachettyvagu at
Ch.173523.00m with 21x12.20m Clear span PSC Slab (iii) Bridge No.398 over Krishna
river at Ch.182034.0m with 34x24.40m Clear span PSC Box Girder (iv) Bridge No. 442
over Tungabhadra river at Ch. 241415.0mwith 45x18.30 mtrs clear span with PSC U
girder and (v) Bridge No. 450 over Handrineeva river at Ch. 244347.30m with 14x12.20
mtrs clear span with PSC slab including earth work on approaches of the bridges, bridge
protective works and other miscellaneous works in Hyderabad Division of SCR in the
state of Telangana” subject to and in accordance with the provisions ofthe Agreement.
(B) In accordance with Clause 17.2 of the Agreement, the Authority shall make to the
Contractor advance payment (herein after called “Advance Payment”) equal to
10% (ten per cent) of the Contract Price; and that the Advance Payment shall be made in
two installments subject to the Contractor furnishing an irrevocable and unconditional
guarantee by a Bank for an amount equivalent to 110% (one hundred and ten percent) of
such installment to remain effective till the complete and full repayment of the installment of
the Advance Paymentas security for compliance with its obligations in accordance with the
Agreement. The amount of {first/second} installment of the Advance Payment is Rs.
……cr. (Rupees ……crore) and the amount of this Guarantee is Rs. …… cr. (Rupees ……
$
crore) (the“Guarantee Amount”) .
(C) We, ………………….. through our branch at ............................. (the “Bank”) have
agreed to furnish this bank guarantee (hereinafter called the“Guarantee”) for the
Guarantee Amount.

NOW, THEREFORE, the Bank hereby, unconditionally and irrevocably, guaranteesand

affirms as follows:

1. The Bank hereby unconditionally and irrevocably guarantees the due and faithful repayment on
time of the aforesaid instalment of the Advance Payment under and in accordance with the
Agreement, and agrees and undertakes to pay to the Authority, upon its mere first written
demand, and without any demur, reservation, recourse, contest or protest, and without any
reference to the Contractor, such sum or sums up to an aggregate sum of the Guarantee Amount as
the Authority shall claim , without the
---------------------------------------------------------------------------------------------------------
$ the guarantee amount should be equivalent to 110% of the value of the applicable installment
 Page 181 of 214

Authority being required to prove or to show grounds or reasons for its demand and/or for the
sum specified therein.
2. A letter from the Authority, under the hand of an officer not below the rank of SAG in South
Central Railway, that the Contractor has committed default in the due and faithful performance
of all or any of its obligations for the repayment of the instalment of the Advance Payment
under and in accordance with the Agreement shall be conclusive, final and binding on the Bank.
The Bank further agrees that the Authority shall be the sole judge as to whether the Contractor
is in default in due and faithful performance of its obligations during and under the Agreement
and its decision that the Contractor is in default shall be final and binding on the Bank,
notwithstanding any differences between the Authority and the Contractor, or any dispute
between them pending before any court, tribunal, arbitrators or any other authority or body, or
by the discharge of the Contractorfor any reason whatsoever.
3. In order to give effect to this Guarantee, the Authority shall be entitled to act as if the Bank
were the principal debtor and any change in the constitution of the Contractor and/or the Bank,
whether by their absorption with any other body or corporation or otherwise, shall not in any
way or manner affect the liability or obligation of the Bank under this Guarantee.
4. It shall not be necessary, and the Bank hereby waives any necessity, for the Authority to
proceed against the Contractor before presenting to the Bank its demand under this Guarantee.
5. The Authority shall have the liberty, without affecting in any manner the liability of the Bank
under this Guarantee, to vary at any time, the terms and conditions of the Advance Payment or
to extend the time or period of its repayment or to postpone for any time, and from time to
time, any of the rights and powers exercisable by the Authority against the Contractor, and
either to enforce or forbear from enforcing any of the terms and conditions contained in the
Agreement and/or the securities available to the Authority, and the Bank shall not be released
from its liability and obligation under these presents by any exercise by the Authority of the
liberty with reference to the matters aforesaid or by reason of time being given to the
Contractor or any other forbearance, indulgence, act or omission on the part of the Authority or
of any other matter or thing whatsoever which under any law relating to sureties and
guarantors would but for this provision have the effect of releasing the Bank from its liability
and obligation under this Guarantee and the Bank hereby waives all of its rights under any such
law.
6. This Guarantee is in addition to and not in substitution of any other guarantee or securitynow or
which may hereafter be held by the Authority in respect of or relating to the Advance Payment.
7. Notwithstanding anything contained hereinbefore, the liability of the Bank under this
Guarantee is restricted to the Guarantee Amount and this Guarantee will remain in force for the
period specified in paragraph 8 below and unless a demand or claim in writing is made by the
Authority on the Bank under this Guarantee all rights of the Authority underthis Guarantee shall
be forfeited and the Bank shall be relieved from its liabilities hereunder.
8. The Guarantee shall cease to be in force and effect on ****. $ Unless a demand or claim under
this Guarantee is made in writing on or before the aforesaid date, the Bank shall be discharged
from its liabilities hereunder.
9. The Bank undertakes not to revoke this Guarantee during its currency, except with the previous
express consent of the Authority in writing, and declares and warrants that it has the power to
issue this Guarantee and the undersigned has full powers to do so on behalf of the Bank.
10. Any notice by way of request, demand or otherwise hereunder may be sent by post addressed
to the Bank at its above referred branch, which shall be deemed to have been duly authorized to
receive such notice and to effect payment thereof forthwith, and if sent by post it shall be
deemed to have been given at the time when it ought to have been delivered in due course of
post and in proving such notice, when given by post, it shall be sufficient to prove that the
envelope containing the notice was posted and a certificate signed by an officer of the Authority
that the envelope was so posted shall be conclusive.
 Page 182 of 214

11. This Guarantee shall come into force with immediate effect and shall remain in force and
effect up to the date specified in paragraph 8 above or until it is released earlier by the
Authority pursuant to the provisions of the Agreement.

Signed and sealed this ………. day of …….. 20……… at ………..

SIGNED, SEALED AND DELIVERED

For and on behalf of the Bank by:

(Signature)
(Name) (Designation)
(Code Number)
(Address)
NOTES:

(i) The bank guarantee should contain the name, designation and code number of the
officer(s) signing the guarantee.

(ii) The address, telephone number and other details of the head office of the Bank as well as
of issuing branch should be mentioned on the covering letter of issuing branch.
----------------------
$ : insert date being 90 days after the end of 1 year from the date of payment of the Advance payment to
the contractor in accordance with clause 17.2 of the agreement .
 Page 183 of 214

SCHEDULE-G
(See Clauses 10.1.4 & 17.3)
CONTRACT PRICE WEIGHTAGES
1.1 The contract price for this agreement is Rs. 161.13 crore. The payment for different items and stages shall be made as per their respective
percentage weightages as mentioned below on the accepted amount for Schedule Q1 only.
1.2 Proportions of the contract price for different items / component and stages of construction of the Railway project are specified below:
For Schedule – Q1 only.
For Civil works

Weightage in
percentage to Percentage
Item Stage for Payment Payment Procedure
the Contract weightage
Price

[Link] in Unit of measurement is linear length. Payment of

embankment/ cutting including [50% of each stage shall be made on pro rata basis on
1.1 compaction up to H*/2 from 0.30%] completion of a stage in a continuous length of
Earthwork 0.30% ground level complete in all minimum 20 m.
respects.
*H = Height of formation from ground level
[Link] in embankment/ minus blanketing thickness.
cutting including compaction [50% of
from H/2 level to H from ground 0.30%]
level complete in all respects.
Total 100% of
0.30%
1.2.1. Blanketing work [1.58% of Unit of measurement is linear length. Payment of
completion in all respect 3.59%] each stage shall be made on pro rata basis on
completion of a stage in a continuous length of
1.2 minimum 20 m.
3.59%
Blanketing and 1.2.2 Pitching of formation slope [14.39% of
Pitching 3.99%]
 Page 184 of 214

Unit of measurement is linear length. Payment of

each stage shall be made on pro rata basis on
1.2.3 Toe Wall [84.02% of completion of a stage in a continuous length of
3.59%] minimum 20 m.

Total 100% of
3.59%
1.3.1(a) Foundation of piers / [86.03% of (a) Cost of each bridge foundation shall be
Abutments of all the 5 bridges 27.47%] determined on pro rata basis with respect to
the total linear length of the Important
For .[Link].353 8.19% Bridges.
1.3.1 Important 27.47% For .[Link].375 11.40%
Bridges- (b) In case a particular component of a bridge is
For .[Link].398 36.15%
Foundations not complete in full linear waterway, Cost of
For .[Link].442 36.15%
each individual component of that bridge
For .[Link].450 8.12%
shall be determined in proportion to that
100% of
particular span with respect to the full linear
86.03% of
waterway of that bridge.
27.47%
1.3.1(b) Foundation of Return / [13.97% of (c) Payment shall be made on completion of each
wing wall 27.47%] component/stage of an Important Bridge as per
For .[Link].353 8.19% the weightage given in this schedule.
For .[Link].375 11.40%
For .[Link].398 36.15% (d) For the purpose of calculation of quantity
For .[Link].442 36.15% for item No. 1.3.1(a) and 1.3.1(b) cost of each
For .[Link].450 8.12% foundation shall be determined by dividing
100% of total cost of the foundation of the individual
13.97% of bridge by number of piers and abutments/return
27.47% walls/wing walls of that bridge.
Total of 1.3.1(a)+1.3.1(b) 100% of
27.47%
1.3.2 1.3.2(a) Pier/Abutment shaft. 76.11% of (a) Cost of each bridge Sub-structure shall be
 Page 185 of 214

Important 28.41% determined on pro rata basis with respect to

bridges-Sub For .[Link].353 8.19% the total linear length of the Important
structure: For .[Link].375 11.40% Bridges.
For .[Link].398 36.15%
Completion of (b) In case a particular component of a bridge is
For .[Link].442 36.15%
abutments/piers, 28.41% not complete in full linear waterway, Cost of
For .[Link].450 8.12%
conjunction each individual component of that bridge
100% of shall be determined in proportion to that
walls including 76.11% of
bed blocks particular span with respect to the full linear
28.41%
(without waterway of that bridge.
1.3.2(b) Bed block over 23.89% of
bearings). Pier/Abutment 28.41% (c) Payment shall be made on completion of each
component/stage of an Important Bridge as per
For .[Link].353 8.19% the weightage given in this schedule.
For .[Link].375 11.40%
For .[Link].398 36.15% (d) For the purpose of calculation of quantity
For .[Link].442 36.15% for item No. 1.3.2(a) and 1.3.2(b) cost of each
For .[Link].450 8.12% Sub-structure shall be determined by dividing total
100% of cost of the Sub-structure of the individual bridge by
23.89% of number of piers and abutments/return walls/wing
28.41% walls of that bridge.
Total of 1.3.2(a)+1.3.2(b) 100% of
28.41%

1.3.3 Completion of the wing

walls, return walls in all 100% of (a) For the purpose of calculation of quantity for
1.3.3 Important respects 2.57% item no 1.3.3 cost of each set of wing and return
bridges-Sub 2.57% For .[Link].353 15.0% wall shall be determined by dividing total cost of
structure of For .[Link].375 20.0% the wing and return wall of individual bridge
Wing walls, For .[Link].398 25.0% by number of wing walls/return walls of that
return walls in For .[Link].442 25.0% bridge.
all respects For .[Link].450 15.0% (b) Payments for conjunction walls (which will be
Total 100% of constructed from abutment of the new bridge
2.57% towards existing bridge) will be paid under 1.3.2
 Page 186 of 214

(a) Cost of each bridge Super-structure shall be

determined on pro rata basis with respect to
1.3.4 Super structure of PSC the total number of spans of that Important
Slabs , PSC Box girder, PSC U Bridge.
girder and other miscellaneous
works such as supplying & fixing (b) Payment shall be made on completion of each
1.3.4 of bearings, launching, fixing of component/stage of an Important Bridge as per
Important expansion joints etc. the weightage given in this schedule.
bridges- 32.40% 100% of
(c) In case super structure of a particular bridge
Super-structure- 32.40%
is not completed in full , Cost of super
PSC Slabs & structure of that bridge shall be determined
PSC Box girder For .[Link].353 8.19%
in proportion to the total number of spans of
For .[Link].375 11.40%
that bridge.
For .[Link].398 36.15%
For .[Link].442 36.15% (d) For item No. 1.3.4 stage payment for each
For .[Link].450 8.12% bridge shall be made within the stipulated
component as under:

If super structure of a bridge is constructed

using precast PSC slab/girder, 70% payment
shall be released after completing casting and
stressing. Balance 30% shall be released after
launching including fixing of bearings.

Total 100% of
32.40%
1.3.5 Completion of the (a) Payments under item No. 1.3.5 i.e.
remaining works including dirt miscellaneous works of a particular bridge
1.3.5 walls, trolley refugees, OHE shall be released only after completing all the
Miscellaneous 5.25% foundations, inspection path 100% of relevant items.
Works around pier and abutments and 5.25%
access ladders, bridge name
plates, hand railing, inspection
path railing, protection works,
 Page 187 of 214

turfing, river training works,

flooring if any, tests, etc.,
complete in all respects and fit
for use.
For .[Link].353 8.19%
For .[Link].375 11.40%
For .[Link].398 36.15%
For .[Link].442 36.15%
For .[Link].450 8.12%
Total 100% of
5.25%
 Page 188 of 214

SCHEDULE - H

DRAWINGS
 Page 189 of 214

SCHEDULE - H
(See Clause 10.2.7)
DRAWINGS

1. Drawings

In compliance of the obligations set forth in Clause 10.2 of this Agreement, the Contractor
shall furnish to the Authority Engineer, free of cost, all Drawings listed in Annex-I of this
Schedule-H.

2. Additional Drawings

If the Authority Engineer determines that for discharging its duties and functions under
this Agreement, it requires any drawings other than those listed in Annex-I, it may by
notice require the Contractor to prepare and furnish such drawings forthwith. Upon
receiving a requisition to this effect, the Contractor shall promptly prepare and furnish
such drawings to the Authority Engineer, as if such drawings formed part of Annex-I of
this Schedule-H.

3. Any other Drawings/Statements required by Railways for the commissioning of the

project, relevant to the work undertaken by the Contractor.
4. These all drawings/statements will be scrutinized by the authority and necessary
corrections as desired to be attended by Contractor. All final drawings/statements are to
be submitted in both hard and soft copy to the authority for final submission to CRS.
 Page 190 of 214

Annexure-I
(Schedule-H)

DRAWINGS TO BE FURNISHED BY THE AGENCY

[Link] [Link] Description of Drawing.

GAD of Bridge
L-Section
1 353 Designs & Drawings of Foundation & Substructure
Launching scheme
Load test Drawings
River training/ Protection works
As-built Drawings as per Para No.10.2.10 of Article 10
GAD of Bridge
L-Section
2 375 Designs & Drawings of Foundation & Substructure
Launching scheme
Load test Drawings
River training/ Protection works
As-built Drawings as per Para No.10.2.10 of Article 10
GAD of Bridge
L-Section
3 398 Designs & Drawings of Foundation & Substructure
Designs & Drawings of Super Structure
Launching scheme
Load test Drawings
River training/ Protection works
As-built Drawings as per Para No.10.2.10 of Article 10
GAD of Bridge
L-Section
4 442 Designs & Drawings of Foundation & Substructure
Designs & Drawings of Super Structure
Launching scheme
Load test Drawings
River training/ Protection works
As-built Drawings as per Para No.10.2.10 of Article 10
GAD of Bridge
L-Section
5 450 Designs & Drawings of Foundation & Substructure
Launching scheme.
Load test Drawings
River training/ Protection works
As-built Drawings as per Para No.10.2.10 of Article 10
 Page 191 of 214

SCHEDULE - I
(See Clause 10.3.2)
PROJECT COMPLETION SCHEDULE

1 Project Completion Schedule

During Construction period, the Contractor shall comply with the requirements set forth in this
Schedule-I for each of the Project Milestones and the Scheduled Completion Date. Within 15
(fifteen) days of the date of each Project Milestone, the Contractor shall notify the Authority of
such compliance along with necessary particulars thereof.

2. Project Milestone-I

2.1 Project Milestone-I shall occur on the date falling on the 180th day from the
Appointed Date (the “Project Milestone-I”).
2.2 Prior to the occurrence of Project Milestone-I, the Contractor shall have commenced
construction of the Railway Project and submitted to the Authority duly and validly
prepared Stage Payment Statements for an amount not less than 10% (ten per cent) of
the Contract Price.

3. Project Milestone-II

3.1 Project Milestone-II shall occur on the date falling on the 420th day from the Appointed Date
(the “Project Milestone-II”).
3.2 Prior to the occurrence of Project Milestone-II, the Contractor shall have continued with
construction of the Railway Project and submitted to the authority duly and validly prepared
Stage Payment Statements for an amount not less than 40% (forty per cent) of the Contract
Price.
4 . Project Milestone-III

4.1 Project Milestone-III shall occur on the date falling on the 660th day from the Appointed Date
(the “Project Milestone-III”).
4.2 Prior to the occurrence of Project Milestone-III, the Contractor shall have continued with
construction of the Railway Project and submitted to the Authority duly and validly prepared
Stage Payment Statements for an amount not less than 70% (seventy per cent) of the Contract
Price.

5. Scheduled Completion Date

5.1 The Scheduled Completion Date shall be the 900th (Nine Hundred ) day from the Appointed
Date.
5.2 On or before the Scheduled Completion Date, the Contractor shall have completed construction
in accordance with this Agreement.

6 Extension of time
Upon extension of any or all of the aforesaid Project Milestones or the Scheduled Completion
Date, as the case may be, under and in accordance with the provisions of this Agreement, the
Project Completion Schedule shall be deemed to have been amended accordingly.

7. The agency shall plan to execute works on all the 5 Bridges simultaneously. Besides the above
financial Project milestones, the following physical milestones shall also be achieved, while
achieving the above mentioned financial milestones:
 Page 192 of 214

Completion of bridge No. 353 & 375 in 18 months (or Approx. 550 days) from the Appointed
date.
Completion of bridge No. 398 & 450 in 24 months (or Approx. 730 days) from the Appointed
date.
Completion of bridge No. 442 in 30 months (or Approx. 900 days) from the Appointed date.

8. Para No. 7 above does not apply in calculating PVC as per para 17.8.4. In other words , PVC shall be
calculated in terms of para 17.8.4 , as per the financial milestones mentioned in para 4 above only .
 Page 193 of 214

SCHEDULE - J
(See Clause 12.1.2)
Tests on Completion
1 Schedule for Tests

1.1 The Contractor shall, no later than 30 (thirty) days prior to the likely completion of
construction, notify the Authority Engineer and the Authority of its intent to subject the
Railway Project to Tests, and no later than 10 (ten) days prior to the actual date of Tests,
furnish to the Authority Engineer and the Authority detailed inventory and particulars of all
works and equipment forming part of Works.

1.2 The Contractor shall notify the Authority Engineer of its readiness to subject the Railway
Project to Tests at any time after 10 (ten) days from the date of such notice, and upon receipt
of such notice, the Authority Engineer shall, in consultation with the Contractor, determine
the date and time for each Test and notify the same to the Authority who may designate its
representative to witness the Tests. The Authority Engineer shall thereupon conduct the
Tests itself or cause any of the Tests to be conducted in accordance with Article 12 and this
Schedule-J.

2 Tests

2.1 Visual and physical test: The Authority Engineer shall conduct a visual and physical check
of construction to determine that all works and equipment forming part thereof confirm to
the provisions of this Agreement. The physical tests shall include all such tests which are on
component materials/finished samples in accordance to various codal provisions for all the
works under the scope of this agreement.

2.2 Integrated Testing of system followed by a period of trial running. The test sequence may be
as shown below:-

a) Tests on Equipment
b) Installation Test and sub-system individually
c) System Integrated Test
d) Final Acceptance Test
e) Trial Running

2.3 Sanction of Commissioner of Railway Safety (CRS) is required before opening of track in
terms of Chapter XIII of Indian Railway Permanent Way Manual.

2.4 Tests for bridges: All Important bridges shall be subjected to the tests as prescribed in
Specifications and Standards in Schedule D.

2.5 Other tests: The Authority Engineer may require the Contractor to carry out or cause to be
carried additional tests, in accordance with Good Industry Practice, for determining the
compliance of the Railway Project with Specifications and Standards.

2.6 Environmental audit: The Authority Engineer shall carry out a check to determine
conformity of the Railway Project with the environmental requirements set forth in
 Page 194 of 214

Applicable Laws and Applicable Permits.

2.7 Safety Audit: The Authority Engineer shall carry out, or cause to be carried out, a safety audit
to determine conformity of the Railway Project with the safety requirements and Good
Industry Practice.

3 Agency for conducting Tests

All Tests set forth in this Schedule-J shall be conducted by the Authority Engineer or such other
agency or person as it may specify in consultation with the Authority.

4 Completion Certificate

Upon successful completion of Tests, the Authority Engineer shall issue the Provisional Certificate
in accordance with the provisions of Article 12. For the avoidance of doubt, the Completion
Certificate shall not be issued by the Authority Engineer unless authorization of the Commissioner
for Railway Safety has been obtained.
 Page 195 of 214

SCHEDULE - K
(See Clause 12.2 and 12.4)
1. PROVISIONAL CERTIFICATE

1 I/We, ......................................... (Name of the Authority Engineer), acting as the Authority

Engineer, under and in accordance with the Agreement dated
……………. (the “Agreement”), for construction of the “Engineering, Procurement &
Construction (EPC) Contract in connection with Proposed Doubling of MBNR-DHNE
section - Proposed Construction of Important Bridges (i) Bridge No.353 over
Mareddypallivagu at Ch.165379.00m with 15x12.20mClear span PSC Slab, (ii)Bridge
No.375 over Okachettyvagu at Ch.173523.00m with 21x12.20m Clear span PSC Slab
(iii) Bridge No.398 over Krishna river at Ch.182034.0m with 34x24.40m Clear span PSC
Box Girder (iv) Bridge No. 442 over Tungabhadra river at Ch. 241415.0mwith 45x18.30
mtrs clear span with PSC U girder and (v) Bridge No. 450 over Handrineeva river at Ch.
244347.30m with 14x12.20 mtrs clear span with PSC slab including earth work on
approaches of the bridges, bridge protective works and other miscellaneous works in
Hyderabad Division of SCR in the state of Telangana” through ................... (Name
of Contractor), hereby certify that the Tests in accordance with Article 12 of the
Agreement have been undertaken to determine compliance of the Railway Project with
the provisions of the Agreement.
2 Certain minor works are incomplete and these are not likely to cause material
inconvenience to the Users of the Railway Project or affect their safety or the movement
of rail traffic in any manner. These works have been specified in the Punch List
appended hereto, and the Contractor has agreed and accepted that it shallcomplete all such
works in the time and manner set forth in the Agreement.
3 In view of the foregoing, I/We am/are satisfied that the Railway Project from km ........
to km can be safely and reliably placed in service of the Authority for railway
freight and passenger traffic, subject to authorization by the Commissioner of Railway
Safety in accordance with Applicable Laws. In terms of the Agreement, the Railway
Project is hereby provisionally declared fit for entry into operation on this the …………
day of ……….. 20…...

ACCEPTED, SIGNED, SEALED SIGNED, SEALED AND

AND DELIVERED DELIVERED
For and on behalf of For and on behalf of
CONTRACTOR by: AUTHORITY ENGINEER
by:

(Signature) (Signature)
 Page 196 of 214

2. COMPLETION CERTIFICATE

1 I/We, ............................... (Name of the Authority Engineer), acting as the Authority

Engineer, under and in accordance with the Agreement dated ............. (the “Agreement”),
for construction of the “Engineering, Procurement & Construction (EPC) Contract in connection
with Proposed Doubling of MBNR-DHNE section - Proposed Construction of Important
Bridges (i) Bridge No.353 over Mareddypallivagu at Ch.165379.00m with 15x12.20mClear
span PSC Slab, (ii)Bridge No.375 over Okachettyvagu at Ch.173523.00m with 21x12.20m
Clear span PSC Slab (iii) Bridge No.398 over Krishna river at Ch.182034.0m with 34x24.40m
Clear span PSC Box Girder (iv) Bridge No. 442 over Tungabhadra river at Ch. 241415.0mwith
45x18.30 mtrs clear span with PSC U girder and (v) Bridge No. 450 over Handrineeva river at
Ch. 244347.30m with 14x12.20 mtrs clear span with PSC slab including earth work on
approaches of the bridges, bridge protective works and other miscellaneous works in Hyderabad
Division of SCR in the state of Telangana” through ................................................ (Name
of Contractor), hereby certify that the Tests in accordance with Article 12 of the Agreement have
been successfully undertaken to determine compliance of the Railway Project with the
provisions of the Agreement, and the authorization by the Commissioner for Railway Safety
under Applicable Laws has been obtained.

2 It is certified that, in terms of the aforesaid Agreement, all works forming part of
Railway Project have been completed, and the Railway Project is hereby declared fit for entry
into operation on this the ……… day of ……… 20…..

SIGNED, SEALED AND DELIVERED

For and on behalf of

the Authority Engineer by:

(Signature) (Name)

(Designation)

(Address)
 Page 197 of 214

SCHEDULE - L
(See Clause 16.1.1)

SELECTION OF AUTHORITY ENGINEER

1 Selection of Authority Engineer

1.1 Authority Shall Appoint a Railway engineer/Project management Services (PMS) agency, to
be the engineer under this agreement (The Authority Engineer).
Generally, a Railway officer of Selection Grade (SG)/Junior Administrative Grade
(JAG)/Project Management services (PMS) shall be appointed as Authority Engineer.
Authority Shall Notify the contractor in writing of the appointment and identity of the
authority engineer and of any replacement thereof from time to time.

2 Terms of Reference

The Terms of Reference for the Authority Engineer (the “TOR”) shall substantiallyconform
with Annex 1 to this Schedule L.
 Page 198 of 214

Annex – I
(Schedule - L)

DUTIES & RESPONSIBILITIES FOR AUTHORITY ENGINEER

1 Scope

1.1 These Duties & Responsibilities (DR) shall apply to construction of the Railway Project.

2 Definitions and interpretation

2.1 The words and expressions beginning with or in capital letters and not defined herein but
defined in the Agreement shall have, unless repugnant to the context, the meaning
respectively assigned to them in the Agreement.

2.2 References to Articles, Clauses and Schedules in this DR shall, except where the context
otherwise requires, be deemed to be references to the Articles, Clauses and Schedules of the
Agreement, and references to Paragraphs shall be deemed to be references to Paragraphs of
this DR.

2.3 The rules of interpretation contained in Clauses 1.2, 1.3 and 1.4 of the Agreement shallapply,
mutatis mutandis, to this DR.

3. General

3.1 The Authority Engineer shall discharge its duties in a fair, impartial and efficient manner,
consistent with the highest standards of professional integrity and Good Industry Practice.

3.2 The Authority Engineer shall perform the duties and exercise the authority in accordance
with the provisions of this Agreement, but subject to obtaining prior written approval of the
Authority (where Authority Engineer is designated as the Authority, the compliance of these
conditions have to be ensured by him/her) before determining:

(a) any Time Extension;

(b) any additional cost to be paid by the Authority to the Contractor;

(c) the Termination Payment;

(d) providing Power Block or Traffic Block to the Contractor;

(e) approval of signalling plan and signalling plan and route control chart;
(f) approval of disconnections for modification of signalling and telecomworks;

(g) any other matter which is not specified in (a) to (f) above and which creates an
obligation or liability on either Party for a sum exceeding Rs.5,000,000/- (Rupees
fifty lakh).
3.3 The Authority Engineer shall submit regular periodic reports, at least once every month, to the
Authority in respect of its duties and functions assigned to him for the project. Such reports
shall be submitted by the Authority Engineer within 10 (ten) days of the beginning of every
month.
 Page 199 of 214

3.4 The Authority Engineer shall aid and advise the Authority on any proposal for Change of
Scope under Article 13.

3.5 In the event of any disagreement regarding the meaning, scope and nature of Good Industry
Practice, as set forth in any provision of the Agreement, the Authority Engineer shall specify
such meaning, scope and nature by issuing a reasoned written statement relying on Good
Industry Practice and authentic literature.

3.6 The Authority Engineer shall verify the as built drawings submitted by the Contractor after
completion of the works. These drawings will be signed by the Authority Engineer after due
verification.

4. Construction Period

4.1 During the Construction Period, the Authority Engineer shall review the Drawings furnished
by the Contractor along with supporting data, including the geo-technical and hydrological
investigations, characteristics of materials from borrow areas and quarry sites and
topographical surveys. The Authority Engineer shall complete such review and send its
observations to the Authority and the Contractor within 15 (fifteen) days of receipt of such
Drawings; provided, however that in case of an Important Bridge, a Major Bridge or
Structure, and interlocking and telecom switching equipment the aforesaid period of 15
(fifteen) days may be extended up to 30 (thirty) days. In particular, such comments shall
specify the conformity or otherwise of such Drawings with the Scope of the Project and
Specifications and Standards.

4.2 The Authority Engineer shall review any revised Drawings sent to it by the Contractor and
furnish its comments within 10 (ten) days of receiving such Drawings.
4.3 The Authority Engineer shall review the Quality Assurance Plan submitted by the
Contractor and shall convey its comments to the Contractor within a period of 21 (twenty-
one) days stating the modifications, if any, required thereto.

4.4 The Authority Engineer shall complete the review of the methodology proposed to be
adopted by the Contractor for executing the Works, and convey its comments to the
Contractor within a period of 10 (ten) days from the date of receipt of the proposed
methodology from the Contractor. The Authority Engineer shall draw the non-interlocking
programme for works involving existing yards and issue a jointly agreed NI programme for
each such yard.

4.5 The Authority Engineer shall grant written approval to the Contractor, where necessary, for
interruption and diversion of the flow of traffic in the existing lane(s) of the Railway Project
for purposes of maintenance during the Construction Period in.

4.6 The Authority Engineer shall review the monthly progress report furnished by the Contractor
and send its comments thereon to the Authority and the Contractor within 7 (seven) days of
receipt of such report.

4.7 The Authority Engineer shall inspect the Construction Works and the Railway Project and
shall submit a monthly Inspection Report bringing out the results of inspections and the
remedial action taken by the Contractor in respect of Defects or deficiencies.

4.8 The Authority Engineer shall conduct the pre-construction review of manufacturer's test
reports and standard samples of manufactured Materials, and such other Materials as the
 Page 200 of 214

Authority Engineer may require.

4.9 For determining that the Works conform to Specifications and Standards, the Authority
Engineer shall require the Contractor to carry out, or cause to be carried out, tests at such
time and frequency and in such manner as specified in the Agreement and in accordance
with Good Industry Practice for quality assurance. For purposes of this Paragraph 4.9, the
tests specified in Manuals mentioned in Schedule-D Annexure-I
or any modification/substitution thereof shall be deemed to be tests conforming to Good
Industry Practice for quality assurance.

4.10 The Authority Engineer shall test check prescribed in this agreement for each category or
type of test for quality control by the Contractor.

4.11 The timing of tests referred to in Paragraph 4.9, and the criteria for acceptance/ rejection of
their results shall be determined by the Authority Engineer in accordance with the Quality
Control Manuals. The tests shall be undertaken on a random sample basis and shall be in
addition to, and independent of, the tests that may be carried out by the Contractor for
its own quality assurance inaccordance with Good Industry Practice.

4.12 In the event that results of any tests conducted under Clause 11.10 establish any Defects or
deficiencies in the Works, the Authority Engineer shall require the Contractor to carry out
remedial measures.

4.13 The Authority Engineer may instruct the Contractor to execute any work which is urgently
required for the safety of the Railway Project, whether because of an accident, unforeseeable
event or otherwise; provided that in case of any work required on account of a Force Majeure
Event, the provisions of Clause 19.6 shall apply.

4.14 In the event that the Contractor fails to achieve any of the Project Milestones, the Authority
Engineer shall undertake a review of the progress of construction and identify potential
delays, if any. If the Authority Engineer shall determine that completion of the Railway
Project is not feasible within the time specified in the Agreement, it shall require the
Contractor to indicate within 15 (fifteen) days the steps proposed to be taken to expedite
progress, and the period within which the Project Completion Date shall be achieved. Upon
receipt of a report from the Contractor, the Authority Engineer shall review the same and
send its comments to the Authority and the Contractor forthwith.

4.15 The Authority Engineer shall obtain from the Contractor a copy of all the Contractor’s
quality control records and documents before the Completion Certificate is issued pursuant
to Clause 12.4.

4.16 Authority Engineer may recommend to the Authority suspension of the whole or part of the
Works if the work threatens the safety of the public and pedestrians. After the Contractor has
carried out remedial measure, the Authority Engineer shall inspect such remedial measures
forthwith and make a report to the Authority recommending whether or not the suspension
hereunder may be revoked.
4.17 In the event that the Contractor carries out any remedial measures to secure the safety of
suspended works and the public, and requires the Authority Engineer to inspect such works,
the Authority Engineer shall inspect the suspended works within 3 (three) days of receiving
such notice, and make a report to the Authority forthwith, recommending whether or not
such suspension may be revoked by the Authority.

4.18 The Authority Engineer shall carry out, or cause to be carried out, all the Tests specified in
 Page 201 of 214

Schedule-J and issue a Completion Certificate or Provisional Certificate, as the case may be.
For carrying out its functions under this Paragraph 4.18 and all matters incidental thereto, the
Authority Engineer shall act under and in accordance with the provisions of Article 12 and
Schedule-J.

5. Determination of costs and time

5.1 The Authority Engineer shall determine the costs, and/or their reasonableness, that are
required to be determined by it under the Agreement.

5.2 The Authority Engineer shall determine the period of Time Extension that is required to be
determined by it under the Agreement.

5.3 The Authority Engineer shall consult each Party in every case of determination in
accordance with the provisions of Clause 16.5.

6. Payments

6.1 The Authority Engineer shall withhold payments for the affected works for which the
Contractor fails to revise and resubmit the Drawings to the Authority Engineer in accordance
with the provisions of Clause 10.2.7 (d).
6.2 Authority Engineer shall -

(a) within 10 (ten) days of receipt of the Stage Payment Statement from the
Contractor pursuant to Clause 17.4, determine the amount due to the Contractor
and recommend the release of 80 (eighty) percent of the amount so determined as
part payment, pending issue of the Interim Payment Certificate; and

(b) within 20 (twenty) days of the receipt of the Stage Payment Statement referred to
in Clause 17.4, deliver to the Authority and the Contractor an Interim Payment
Certificate certifying the amount due and payable to the Contractor.

7. Other duties and functions

The Authority Engineer shall perform all other duties and functions as specified in the
Agreement.
8. Miscellaneous

8.1 A copy of all communications, comments, instructions, Drawings or Documents sent by the
Authority Engineer to the Contractor pursuant to this TOR, and a copy of all the test results
with comments of the Authority’s Engineer thereon, shall be furnished by the Authority’s
Engineer to the Authority forthwith.

8.2 The Authority Engineer shall retain at least one copy each of all Drawings and Documents
received by it, including ‘as-built’ Drawings, and keep them in its safe custody.

8.3 Within 90 (ninety) days of the Project Completion Date, the Authority Engineer shall obtain
a complete set of as-built Drawings, in 2 (two) hard copies and in micro film
form or in such other medium as may be acceptable to the Authority, reflecting the Railway
Project as actually designed, engineered and constructed, including an as-built survey
illustrating the layout of the Railway Project and setback lines, if any, of the buildings and
structures forming part of Project Facilities; and shall hand them over tothe Authority against
receipt thereof.
 Page 202 of 214

8.4 The Authority Engineer shall inform the Authority and the Contractor of any event of
Contractor’s Default within one week of its occurrence.
 Page 203 of 214

SCHEDULE - M
(See Clauses 17.4.1, 17.6.1, and 17.6.1)
Forms of Payment Statements

1. Stage Payment Statement for Works

The Stage Payment Statement for Works shall state:

(a) The estimated amount for the Works executed in accordance with Clause
17.3.1 subsequent to the last claim;
(b) amounts reflecting adjustments in price for the aforesaid claim;
(c) the estimated amount of each Change of Scope Order executed subsequentto the
last claim;
(d) amounts reflecting adjustment in price, if any, for (c) above in accordancewith
the provisions of Clause 13.2.3 (a);
(e) total of (a), (b), (c) and (d) above;
(f) Deductions:
(i) Any amount to be deducted in accordance with the provisions of the
Agreement except taxes;
(ii) Any amount payable by the Contractor to the Authority under the
provisions of the Agreement; and
(iii) Any amount towards deduction of taxes at source under ApplicableLaws.
(iv) Total of (i) to (iii) above.
(g) Net claim: (e) – (f) (iv);
(h) The amounts received by the Contractor up to the last claim:
(i) For the Works executed (excluding Change of Scope orders);
(ii) For Change of Scope Orders, and
(iii) Taxes deducted at source under Applicable Laws

2. Contractor’s claim for Damages

Note: The Contractor shall submit its claims in a form acceptable to the Authority.
 Page 204 of 214

SCHEDULE - N
(See Clause 18.1)
INSURANCE

1. Insurance during Construction Period

1.1 The Contractor shall effect and maintain at its own cost, from the Appointed Date till the
date of issue of the Completion Certificate, the following insurances for any loss or
damage occurring on account of Non Political Event of Force Majeure, malicious act,
accidental damage, explosion, fire and terrorism:

(a) Insurance of Works, Plant and Materials and an additional sum of 15% (fifteen per cent)
of such replacement cost to cover any additional costs of and incidental to the rectification
of loss or damage including professional fees and the cost of demolishing and removing
any part of the Works and of removing debris ofwhatsoever nature; and

(b) insurance for the Contractor's equipment and Documents brought onto the Site by the
Contractor, for a sum sufficient to provide for their replacement at the Site.

1.2 The insurance under paragraph 1.1 (a) and (b) above shall cover the Authority and the
Contractor against all loss or damage from any cause arising under paragraph 1.1 other
than risks which are not insurable at commercial terms.

2. Insurance for Contractor’s Defects Liability

The Contractor shall effect and maintain insurance cover for the Works from the date of
issue of the Completion Certificate until the end of the Defects Liability Period for any
loss or damage for which the Contractor is liable and which arises from a cause occurring
prior to the issue of the Completion Certificate. The Contractor shall also maintain other
insurances for maximum sums as may be required under Applicable Laws and in
accordance with Good Industry Practice.

3. Insurance against injury to persons and damage to property

3.1 The Contractor shall insure against its liability for any loss, damage, death or bodilyinjury,
or damage to any property (except things insured under Paragraphs 1 and 2 of this
Schedule) or to any person (except persons insured under Clause 18.9), which may arise
out of the Contractor's performance of this Agreement. This insurance shall be for a limit
per occurrence of not less than the amount specified below with no limit on the number of
occurrences.
The insurance cover shall be not less than: Rs. 22.5 Cr
(a) The insurance shall be extended to cover liability for all loss and damage to the
Authority’s property arising out of the Contractor’s performance of this Agreement
excluding:
(b) the Authority's right to have the construction works executed on, over, under, in or
through any land, and to occupy this land for the Works; and
(c) damage which is an unavoidable result of the Contractor's obligations to execute the
Works.

4. Insurance to be in joint names

The insurance under paragraphs 1 to 3 above shall be in the joint names of theContractor
and the Authority.
 Page 205 of 214

SCHEDULE - O
(See Clauses 4.6 & 4.7)
Provision of Traffic Blocks and Power Blocks

1. Provision of Traffic Blocks Power Blocks and Disconnections

1.1 The authority shall provide Power Blocks or Traffic Blocks or both, during day or night,
as the case may be, to enable the Contractor to execute the construction works of
overhead equipment using various safety equipment (i.e. Discharge Rod etc.) and
deploying experienced manpower for power block or such other work as may be
determined by the Authority Engineer.

1.2 The Contractor is entitled to execute the construction work within the block period
specified in this Schedule-O. Blocking or suspension of even a single line in yard will
also be considered as block. The total duration of Power Block or Traffic Block or both, as
the case may be, shall not exceed 20% of the period specified in this Agreement. In case
such total duration exceeds 20% the Contractor shall pay Damages at the rate of Rs.
1,00,000/- per hour or part thereof for the exceeded Block periods in works other than Pre
NI & NI.

In case, total duration exceeds, the Contractor shall pay Damages at the rate of Rs.25000/-
per hour or part thereof for the exceeded Before Non-Interlocking (Pre NI) period and at the
rate of Rs. 50000/- per hour or part thereof for the exceeded Non- Interlocking (NI) period.
1.3 The Contractor executing the works adjacent to the existing Railway track will take care for
avoiding any damage or cutting to the Signal & Telecommunication (S & T) cables during
the work. However, if any damage occurs during execution of work, penalty to be imposed
for damages to cable shall be as under:

Cable damaged Penalty per location (Rs.)

Only Quad cable or signaling cable 1.0 Lakh

Only OFC 1.25 Lakh

Both OFC & Quad 1.5 Lakh

1.4 The Contractor shall plan various works to be executed under Traffic blocks or powerblocks
or both in such a way that he is able to execute such works at multiple sites in parallel under
any permitted power/traffic block so that total blocks availed for the project shall be bare
minimum.

1.5 Bursting of block: - Once a block of approved duration & schedule is availed by the
contactor on a particular day; it shall be the responsibility of Contractor to clear the block
on time. If Contractor exceeds the time of block (generally referred to as bursting of
block) and fails to clear the same within scheduled time; the Contractor shall pay Damages
to the Authority at the rate of Rs. 5000/-for first 15(fifteen) minutes or part thereof of
bursting and thereafter Rs. 20000/-per fifteen (15) minutes or part thereof of block bursting.
 Page 206 of 214

SCHEDULE - P
(See Clauses 4.4)
Machinery and equipment

1.0 The Authority will not provide any machinery and equipment to the Agency for executing the work.
 Page 207 of 214

SCHEDULE – Q

Bill of Quantities (BOQ)

[Link]. Schedule Description Amount (INR)

1 Scope of work Lumpsum component of the 161,13,42,299
under schedule- work
B&C
Contractor’s Percentage at
PAR/ ABOVE/ BELOW
Total of Schedule Q1
2 Schedule Enclosed Transportation of Service 0
Rails
Contractor’s Percentage at
PAR/ ABOVE/ BELOW
Total of Schedule Q1 0

Total (Q1+Q2) =161,13,42,299

 Page 208 of 214

The End of Schedules.

 Page 209 of 214

Appendices
 Page 210 of 214

APPENDIX-I

$
LIST OF BID-SPECIFIC CLAUSES
A. Clauses with non-numerical ($) footnotes:

1. Clause 3.2.1 : Obligation relating to sub-contracts and any other agreements

2. Clause 13.5.1 : Power of the Authority to undertake works

3. Article 26 : Definition of Consortium/Joint Venture

4. Schedule-F, Annexure-I : Item (C)-8

5. Schedule-F, Annexure-III : Item (B) and Item (C)-8

B. Clauses with curly { } brackets:

1. Recital : Para 2

2. Clause 1.5 : Joint and several liability

3. Clause 3.2.1 : Obligations relating sub-contracts and any other agreements

4. Clause 5.1 (l) : Representations and warranties of the Contractor

5. Article 26 : Definition of “Affiliate”, “Consortium/Joint Venture” and “LeadMember”

6. Contract Agreement : ‘Signature’ page

7. Schedule-F, Annexure-I : Item (B) and Item (C) 1

8. Schedule-F, Annexure-III : Item (B)

C. Clauses with Blank Spaces (..... ), (***)

1. First line of the Concession Agreement

2. Recital : Para 2

3. Recital : Item A, B, C and D

4. Clause 3.9 : Training of Authority’s Personnel

5. Clause 17.1.1 : Contract Price

6. Schedule-F, Annexure-I : Item A, B and C

7. Schedule-F, Annexure-I : Signing Date

8. Schedule-F, Annexure-II : Item A and C

9. Schedule-F, Annexure-II : Signing Date

 Page 211 of 214

10. Schedule-F, Annexure-III : Item A, B and C

11. Schedule-F, Annexure-III : Signing Date

12. Schedule-L, Annexure-I : Clause 1.1 : Scope

 Page 212 of 214

APPENDIX-II

20
LIST OF PROJECT SPECIFIC CLAUSES
A. Clauses with serially numbered footnotes

1. First line of Contract Agreement (footnote no.1)

2. Recital : Para 2 (footnote no.2 & 3)

3. Recital : Para 2 : Item A (footnote 4 & 5)

4. Clause 3.9.2 : Training of Authority’s Personnel (footnote no.6)

5. Clause 4.1.3(b) and (c) : Obligation of the Authority (footnote no. 7 & 8)

6. Clause 4.3 : Environmental and forest clearances (footnote no.9)

7. Clause 4.4.3 : Machinery and equipment (footnote no.10)

8. Clause 4.5 : Electricity transmission lines (footnote no.11)

9. Clause 7.1.1 : Performance Security (footnote no.12)

10. Clause 7.5 : Retention Money (footnote no.13)

11. Clause 17.2.1 : Advance Payment (footnote no.14)

12. Clause 17.8.4 : Price adjustment for the works (footnote no.15)

13. Schedule-A, Annexure-I : Site (footnote no.16)

14. Schedule-B, Annexure-I : Description of Railway Project (footnote no.17)

15. Schedule-C : Project facilities (footnote no.18)

16. Schedule-D, Annexure-I : Specifications and standards for construction (footnoteno.19)

 Page 213 of 214

B. Clauses with square [ ] parenthesis:

1. Recital : Para 1

2. Recital (B)

3. Clause 3.2.1 : Obligations relating to sub-contracts and any other agreements

4. Clause 3.4.1 : Contractor’s Personnel

5. Clause 3.9 : Training of Authority’s Personnel

6. Clause 4.1.3(c) : Obligations of the Authority

7. Clause 4.1.4 : Obligations of the Authority

8. Clause 4.4.1(c) : Machinery and equipment

9. Clause 4.5 : Electricity transmission lines

10. Clause 4.7 : Provision of power blocks and traffic blocks

11. Clause 8.1(a) : The Site

12. Clause 10.3.1 : Construction of Railway Project

13. Clause 10.4.1(a) : Extension of time for completion

14. Clause 12.2.1 : Provisional certificate

15. Clause 15.1.2 : Defects liability period

16. Clause 17.8.4 : Price adjustment for the works (formulae for price adjustment)

17. Clause 18.1.6 : Insurance for works

18. Clause 20.1 : Governing Law and Jurisdiction

19. Clause 25.13(a) and (b) : Notices

20. Article 26 : Definitions

“GAD” or “General Arrangement

Drawings”“Project Assets”
21. Signature of the Authority on the last page of the Agreement

22. Schedule-A, Annexure-I : Site

 Page 214 of 214

23. Schedule-A, Annexure-II : Date for providing Right of Way

24. Schedule-A, Annexure-III : Alignment Plans

25. Schedule-B, Annexure-I : Description of Railway Project

26. Schedule-C : Project Facilities

27. Schedule-D, Annexure-I : Specifications and Standards for Construction

28. Schedule-F, Annexure-I : Form of Bank Guarantee for Performance Security

29. Schedule-F, Annexure-II : Form of Guarantee for Withdrawal of Retention Money

30. Schedule-F, Annexure-III : Form of Guarantee for Advance Payment

31. Schedule-G : Contract Price Weightages

32. Schedule-I : Project Completion Schedule

33. Schedule-J : Tests on Completion

34. Schedule-N : Insurance

35. Schedule-O : Provision of traffic blocks and power blocks

36. Schedule-P : Machinery and equipment

37. Schedule-Q : Bill of Quantities