The Parties hereby agree that the Courts in the City of ______ alone shall have the jurisdiction to entertain any application or other proceedings in respect of anything arising under this Agreement and any award or awards made by the Arbitrator hereunder shall be filed in the concerned Courts in the aforesaid City only.
(Note: Article 21 is to be deleted in case Article 19 (a) is with provision for Arbitration by an Arbitrator by an Arbitrator in the Department of Public Enterprises).
IN WITNESS HEREOF, the parties have hereunder signed this AGREEMENT the date first written.
For the Client (Signature with For the (Signature with Name, Designation Name, Designation & Seal) & Seal)
Consultant
Witnesses: Witnesses
1. 1.
ANNEXURE 5.1 (Refer Para 5.1.6) PROFORMA FOR AMENDMENT TO THE CONTRACT AGREEMENT
Contract No. dated Amendment No.
Name of Works
Serial Page No. of Contract
WHEREAS on the ____ day of ___ an Agreement was entered into by the undersigned ___________________ (Designation) of RITES LIMITED acting for and on behalf of as Agent/Power of Attorney Holder of ______ (hereinafter referred to as the “Employer”) and ____ (hereinafter referred to as the “Contractor”) under which the said Contractor among other conditions contracted to provide ____ (Name of work).
AND WHEREAS the said parties are now mutually desirous of amending the said Agreement in certain respects.
It is therefore hereby agreed by and between the Parties thereto as follows:- Firstly (First item of amendment)______
(say) Secondly (Second item of amendment ) _____ (say) Thirdly (Third item of amendment) _________
(say) Fourthly–That this Amendment shall be numbered as No. ____with Page No. ___ of the Contract and that the total number of pages on the INDEX of the Contract shall be amended to read as ____ in lieu of ____.
Finally–That all other Terms of the Contract shall hold good in all other respects and be in full force and effect.
In witness thereof the said Parties have hereto set their respective hands as shown below on ____ date.
Signature of Contractor Signature of Engineer in Charge Date
Seal
Signature and address of Witness Copy to (Tender Accepting Authority) Copy to The Employer For information.
ANNEXURE 5.2 (Refer Para 5.3) Lump Sum Contract
1) This form, as its name indicates, is used for work in which contractors are required to quote a lump-sum amount for completing the works in accordance with the given designs, drawings, specifications and functional requirements as the case may be. Lump-sum tender can be either:
i) For only executing the work as per design, drawing and specification given by RITES / Employer or
ii) For executing the work including the element of doing design work and preparation of structural drawings as well, which shall be in keeping with the given functional, structural and architectural parameters, and subject to approval by the competent authority before hand.
2) Drawing and design by RITES/ Client
i) In cases where work is to be executed as per designs and drawing to be supplied to the contractor, all the detailed working drawings, both architectural and structural must be prepared before-hand, and should form part of the tender documents, which should also contain complete and detailed specifications of the work. The tender documents must set out complete scope of the work. Only the drawings and the detailed specifications as contained and / or referred to in the tender documents shall form the basis of execution and payment.
ii) The extra payment or recovery over and above the accepted rate shall be called for only in the event of authorized deviations from the drawings and specifications (as given and / or referred to in the tender documents) in course of execution and not otherwise.
3) Drawing and design by the contractor – after the award of work
i) In cases where the detailed architectural and structural drawings are to be provided by the contractor, all the architectural and structural data / parameters necessary to work out the cost of the work, details of the functional requirement and complete / detailed specification thereof, including preliminary drawings, if any, must be finalized before call of tenders, and the tender documents must contain all these details so that there is little scope of guess work on the part of the contractor while tendering, and chances of dispute at a later stage are minimized. Any clarification or doubt as may be raised by the intending tenderer should be cleared before the receipt of tender.
ii) A condition should be stipulated in the tender documents that the work shall be executed as per detailed design and architectural / structural drawings to be prepared by the successful contractor conforming to the given parameters and functional / design requirements as mentioned in the tender documents, and submitted to the department within specified time after the award of work. The contractor shall accordingly get the designs / drawings approved by RITES / Client before taking up execution of the work.
iii) In case any modification for any reason is ordered in course of execution, suitable adjustment for extra payment or recovery shall be effected only if such modification results in change in the scope of work as given in the tender documents, or any change from the specified parameters.
4) Drawing and design by the contractor – before the award of work
i) Where the contractor is required to give the design and structural drawings, the contract can suffer from the following infirmities:
(a) The contractor may under-design the structure in order to reduce the cost and win the contract, or
(b) During the proof checking of the structural design, there could be a tendency on the part of the contractor not to agree to RITES genuine contention for revising the structural design that may increase the cost of structure to his disadvantage.
ii) Wherever the above problem (s) is / are anticipated, the tenders shall be invited in a two –bid system,
a) The technical bid, containing the architectural plans, structural design calculations, structural drawings, service plans, the detailed measurement sheets, and other technical parameters as may be required, etc.
b) The price bid.
iii) The technical bids shall be evaluated by a Committee chaired by the tender accepting authority and comprising of officers at appropriate level from the disciplines concerned with the work. The Committee shall obtain clarifications from the tenderer (s) and / or call them for discussions wherever required, and select a final scheme. The same shall be made available or made known to all the participating tenderers, preferably through a pre-bid conference, and invite revised technical bids from them, if required.
iv) After examining the technical bids / revised technical bids, and equalizing the same in respect of all the tenderers, the price bids shall be opened. If the tenderers are asked to modify their structural design and calculations as a result of this exercise, or if the validity period of the price bids expire, they shall be given the chance of offering revised price bids, and in that event, only the revised price bids shall be opened.
v) The NIT approving authority shall consider paying to all the participating tenderers a reasonable and specified amount for furnishing all the above details along with their tenders, if it is felt that the specified requirements so warrant. In that event, the same should be suitably incorporated in the Tender Document as well as in the advertisements through website / press.
5) The lump sum tender documents where Drawings and Designs are to be supplied by RITES / Client (refer Para 2 above) shall contain -
i) a) the detailed architectural and structural drawings
b) detailed specifications for the various items and components of the work
c) the schedule of quantities for the various items and components of the work
d) the inclusions in and exclusions from the scope of the contract, if required, for better clarity, and
e) the various stages of work, and the percentage of the contract value for each stage for release of intermediate and final payments.
ii) The schedule of quantities referred to above is only limited for the purpose of assessing the quantum of work involved by the tenderers. It is not meant for subsequent measurement and payment in the course of execution of the work. Before submitting their tenders, the tenderers shall, therefore, have to satisfy themselves that the quantities given in the tender documents for the various items and components of the work are correct. Deficiencies noticed, if any, should be immediately brought to the notice of the tender inviting authority, who shall examine the same, and make necessary corrections, if required, to the tender documents before receipt of he tenders.
iii) The contractor shall execute the work as per the drawings and specifications as given in the tender documents, and shall have no claim for any payment on account of deviations and variations in quantity of any items (s) or component (s) of the work, unless they are authorized deviations from the parameters, drawings and specifications contained in the tender documents.
iv) The rates of deviated items shall be determined on the lines of clause 12.2 of Clauses of Contract for percentage / item rate contracts. v) The Controlling Site Engineer and the Project Coordinator shall satisfy
themselves that the work has been done in each stage in conformity to the drawings and specifications contained in the tender documents and certify the same before recommending to the SBU Office for the release of the stage payment. Project Coordinator shall conduct test checks to the prescribed levels.
ANNEXURE 6.1 (Refer Para 6.1.1) GUIDELINES FOR CALLING AND ACCEPTING QUOTATIONS