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Indemnification clause | Risk and Responsibility | 0.9 |
Compensation for fatalities | report serious accidents to any of them however and wherever occurring on the works to the Engineer or the Engineers Representative | 1 |
Force Majeure | notice of the happening of any such event is given by either party to the other within 30 days from the date of occurrence thereof, neither party shall by reason of such event, be entitled to terminate this contract nor shall either party have any claim for damages against the other in respect of such non-performance | 0.9 |
Provided also that in case of defaulting Contractor, the Railway may retain any amount due for payment to the Contractor on the pending "on account bills" so that the amounts so retained (including amount guaranteed through Performance Guarantee) may not exceed 10% of the total value of the contract. | Security Deposit should be submitted as assurance to the client. | 0.9 |
breaching the contract conditions on subcontracting | All gold, silver, oil, other minerals of any description, all precious stones, coins, treasures relics antiquities and other similar things | 0.1 |
What determines the completion of performance of the contract? | Approval only by Maintenance Certificate | 0.9 |
Liquidated damages | the total amount of liquidated damages under this condition shall not exceed 5% of the contract value or of the total value of the item or groups of items of work for which a separate distinct completion period is specified in the contract | 0.8 |
How is the word "Employer" defined in this contract? | Railway shall mean the President of the Republic of India or the administrative officers of the Railway or Successor Railway authorized to deal with any matter, which these presents are concerned on his behalf | 1 |
How is the word "drawing" defined in this contract? | Drawings shall mean the maps, drawings, plans and tracings, or prints thereof annexed to the Tender Forms. | 1 |
How late can the contractor delay the start of works? | The Contractor shall commence the works within 15 days | 0.9 |
Indemnification clause | All sums payable by way of compensation under any of these conditions shall be considered as reasonable compensation | 0.9 |
What happens when there is breaching of any terms from the subcontracting side? | In case Engineer is of the view that subcontractors performance is not satisfactory, he may instruct the Contractor to remove the subcontractor from the work and Contractor has to comply with the above instructions with due promptness. | 0.9 |
Change in new tax | Rates of items of works | 0.8 |
Delay not caused neither by the contractor nor the railways | Contractor not having received in due time necessary instructions from the Railway for which he shall have specially applied in writing to the Engineer or his authorized representative then upon happening of any such event causing delay | 1 |
The excavated material shall be used for construction if found technically suitable. | No interest shall be payable upon the Earnest Money and Security Deposit or amounts payable to the Contractor under the Contract. | 0.1 |
Can the stones/rocks/bounders obtained during excavation be used for construction if found technically satisfactory? | obtained from any excavation made for the purpose of
the works or any building or produced upon the site at the time of delivery of the possession thereof but all the substances, | 0.9 |
Working setup should be done by the contractor | The Contractor shall be responsible for the correct setting out of all works in relation to original points, lines and levels of reference at his cost. The Contractor shall execute the work true to alignment, grade, levels and dimensions as shown in the drawing | 1 |
Identifiable errors | every endeavour has been made to avoid any error which can materially affect the basis of tender and successful tenderer shall take upon himself and provide for the risk of any error which may subsequently be discovered and shall make no subsequent claim on account thereof | 0.9 |
Who all should sign the contract document? | The contract document shall be signed in triplicate by the Railway and the Contractor. | 0.9 |
Specifications and Drawings and the amounts to be paid therefor shall be calculated in accordance with the accepted Schedule of Rates. | Coordination of the works clause is present in the contract | 0 |
What determines the completion of performance of the contract? | the period of maintenance of such part shall commence from the date of completion | 0.7 |
project schedule | Bar chart/PERT/CPM | 1 |
Should works over and above those included in the contract require to be executed at the site | Any material found during excavation should be reported to the engineer. | 0.1 |
Infringement of contractual obligations. | Breaching the contractual terms | 0.9 |
Prebid meeting | Omissions and Descrepancies | 0.8 |
Material storage during execution of work | the Contractor shall keep at each such sheds, storehouses and yards a sufficient quantity of materials and plant in stock as not to delay the carrying out of the works with due expedition | 1 |
Extension for Delay due to Railways | delay by the Railway to hand over the Contractor possession of the lands necessary | 0.9 |
The members of the entity shall also be liable jointly and severally for the loss, damages caused to the Railways during the course of execution of the contract or due to non-execution of the contract or part thereof. | Does the contract contain a 'third party liability relations' clause? | 0.2 |
if found technically satisfactory | with the permission of the Engineer, use the same | 0.8 |
Early completion bonus | Instructions: The Engineer shall direct the order in which the several parts of the works shall be executed | 0.1 |
Extension for Delay due to Railways | during test check or otherwise, it is detected by the Engineer that agency has claimed any exaggerated measurement | 0 |
Third party liability relationship | Coordination of works | 0.9 |
Material handling | the Contractor shall keep at each such sheds, storehouses and yards a sufficient quantity of materials and plant in stock as not to delay the carrying out of the works with due expedition | 1 |
Additional documents involve General Conditions of Contract, Regulations for Tenders and Contracts and Special Conditions of Contract. | If the Contractor shall be dissatisfied by reason of any decision of the Engineer's representative, he shall be entitled to refer the matter to the Engineer who shall there upon confirm or vary such decision. | 0 |
Can excavated materails be used for construction if found technically satisfactory? | with the permission of the Engineer, use the same for the purpose of the works either free of cost or pay the cost of the same at such rates as may be determined by the Engineer. | 1 |
What happens if the contractor could not complete the work? | At the final stage of completion and commissioning of work, in case the contractors failure is limited to only some of the works costing not more than 2% of the original contract value, | 0.9 |
Completion of contractual obligations | it shall not be interpreted as an admission of the contract's due performance, in whole or in part. | 0.1 |
What are the additional documents that have to be read along with the Standard General Conditions of Contract? | The Railway shall have the right to let other contracts in connection with the works. The Contractor shall afford other Contractors reasonable opportunity for the storage of their materials and the execution of their works and shall properly connect and coordinate his work with theirs. If any part of the Contractors work depends upon proper execution or result upon the work of another Contractor(s), the Contractor shall inspect and promptly report to the Engineer any defects in such works that render it unsuitable for such proper execution and results. The Contractor's failure so-to inspect and report shall constitute an acceptance of the other Contractor's work as fit and proper for the reception of his work, except as to defects which may develop in the other Contractor's work after the execution of his work. | 0 |
Who is responsible for latent errors? | If, at any time, during the progress of the works any error appear or arise in any part of the work, the Contractor, on being required so to do by the Engineer's representative shall, at his own cost rectify such errors, to the satisfaction of the Engineer's representative. | 1 |
Deadline | not later than 30 days after the date of receipt | 0.9 |
Liquidated damages | Up to Twenty percent of original period of completion including period of extension of DOC granted | 1 |
Special Conditions of contract should be read along with Standard General Conditions of Contract. | Special Specifications of contract should be read along with Standard General Conditions | 1 |
Indemnification clause | No free railway passes shall be issued by the Railway to the Contractor or any of his employee/worker. | 0.1 |
Stones/rocks/bounders obtained during excavation. | Excavated Material | 1 |
Criteria for ealy completion | having value more than Rs 20 crore and original period of completion 12 months or more, when there is no reduction in original scope of work by more than 10%, and no extension granted on either railway or Contractors account, | 1 |
Is time is of essence in the contract? | The time for the execution of the work or part of the works specified in the contract documents shall be deemed to be the essence of the contract and the works must be completed not later than the date(s) as specified in the contract. | 1 |
In case of accidents | wherever occurring on the works to the Engineer or the Engineers Representative and shall make every arrangements to render all possible assistance | 0.9 |
the amounts to be paid therefor shall be calculated in accordance with the accepted Schedule of Rates. | What is the deadline to submit the proposed project schedule? | 0.1 |
What are the items covered under the Price Adjustment/Variation clause? | In case of foundation work, no variation limit shall apply and the work shall be carried out by the Contractor on agreed rates irrespective of any variation. | 1 |
The Contractor is responsible for the excavated materials used in construction. | Can the excavated material be directly used in construction. | 0.9 |
If at all there is a night shift, will the contractor get paid for the same? | The Contractor shall not carry out any work between sun-set and sun-rise without the previous permission of the Engineer. However, if the Engineer is satisfied that the work is not likely to be completed in time except by resorting to night work, he may order the same without confirming any right on the Contractor for claiming any extra payment for the same. | 1 |
Liquidated Damages | Materials: No forwarding orders shall be issued by the Railway for the conveyance of Contractor's materials | 0.2 |
Submission of planning schedules like Bar chart, CPM, PERT | What is the deadline to submit the proposed project schedule? | 0.9 |
What determines the completion of performance of the contract? | unless the Contractor has made a claim in writing in respect thereof before the issue of the Maintenance Certificate under this clause. | 0.8 |
Can the stones/rocks/bounders obtained during excavation be used for construction if found technically satisfactory? | Excavated materials | 0.9 |
These Standard General Conditions of Contract can be altered by Special Conditions of Contract included in the Tender Forms. | Special Conditions can modify the Standard General Conditions. | 1 |
Rocks excavated in due course of the project shall be used if found technically viable. | or materials which may be obtained from any excavation made for the purpose of the works or any building or produced upon the site at the time of delivery of the possession. | 0.8 |
When shall the Performance Guarantee be invoked? | I/We do not submit the Performance Guarantee within the time specified in the Tender document | 0.9 |
Does the contract contain an Indemnification clause? | The Contractor shall indemnify and save harmless the Railway from and against all actions, suit, proceedings, losses, costs, damages, charges, claims and demands of every nature and description brought or recovered against the Railways | 1 |
What does a tenderer need to do before submitting a bid for the project? | the tenderer will be deemed to have satisfied himself by actual inspection of the site and locality of the works, | 0.9 |
Can the contractor carry on works during night time? | The Contractor shall not carry out any work between sun-set and sun-rise without the previous permission of the Engineer. However, if the Engineer is satisfied that the work is not likely to be completed in time except by resorting to night work, he may order the same without confirming any right on the Contractor for claiming any extra payment for the same. | 1 |
Earthwork quantity variation | In case of earthwork, the variation limit of 25% shall apply to the gross quantity of earthwork and variation in the quantities of individual classifications of soil shall not be subject to this limit. | 1 |
Patent errors | successful tenderer shall take upon himself and provide for the risk of any error which may subsequently be discovered and shall make no subsequent claim | 0.9 |
Does the contract document contain a third-party liability relationship provision? | The Contractor shall be responsible for all risk to the work and for trespass and shall make good at his own expense all loss or damage whether to the works themselves or to any other property of the Railway | 0.9 |
Interpretation of Standard General Conditions of contract | What are the additional documents that have to be read along with the Standard General Conditions of Contract? | 0.9 |
The Railway shall not be liable to the Contractor for any matter arising out of or in connection with the contract for execution of the works unless the Contractor has made a claim in | Does the contract contain a 'third party liability relations' clause? | 0.4 |
the full Earnest Money Deposit (EMD) shall be liable to be forfeited. | Does the contract contain a 'third party liability relations' clause? | 0.3 |
Acknowledgement in Joint Venture | No member of the Joint Venture shall have the right to assign or transfer the interest right or liability in the contract without the written consent of the other members and that of the Railway in respect of the said tender/contract. | 0.9 |
Over time work | shall not carry out any work between sun-set and sun-rise without the previous permission of the Engineer | 0.9 |
Does the contract document contain a third-party liability relationship provision? | Tenders containing erasures and / or alterations of tender documents are liable to be rejected. | 0 |
What is the deadline for submitting Performance Guarantee | The percentages of labour component, material component, fuel component etc. | 0.1 |
What is the deadline to submit the proposed project schedule? | The cost has to paid according to the Schedule of Rates proposed by the Railways | 0.1 |
Variation limit | In case an increase in quantity of an individual item by more than 25% of the agreement quantity is considered unavoidable | 1 |
Doubts in Tender documents | Omissions and Descrepancies | 0.9 |
Does the contract document contain a third-party liability relationship provision? | work, no variation limit shall apply and the work shall be carried out by the Contractor | 0.1 |
Delay due to contractor | On such extension the Railway will be entitled without prejudice to any other right and remedy available on that behalf, to recover from the Contractor as agreed damages | 1 |
execution of the details of the work by petty Contractor under the direct and personal supervision of the Contractor or his agent shall not be deemed to be sub-letting under this clause | Impact of breaching the contract on subcontracting terms | 0.9 |
Third party liability relationship | Explosives: Explosives shall not be used on the works or on the site by the Contractor without the permission of the Engineer | 0.1 |
What is the LD for incorrect measurement? | On any next occasion of noticing any exaggerated/false measurement, railway shall recover liquidated damages equal to 15% of claimed gross bill value. | 1 |
What determines the completion of performance of the contract? | unless the Contractor has made a claim in writing in respect thereof before the issue of the Maintenance Certificate under this clause. | 0.8 |
It shall be valid during the entire currency of the contract including the period of extension, if any and the maintenance period after the work is completed. | the Contractor by the Railway, the erection, maintenance and removal of all temporary works and buildings, all watching, lighting, bailing, pumping and draining | 0.1 |
Submission of planning schedules like Bar chart, CPM, PERT | Nothing stated herein shall preclude the Contractor in achieving earlier completion of item or whole of the works than indicated in the programme. | 0.7 |
Third party insurance | The Contractor shall effect and maintain insurance against liability for claims, damages, losses and expenses (including legal fees and expenses) arising from injury, sickness, disease or death of any person employed by the Contractor or any other of the Contractors Personnel. | 1 |
Patent errors | every endeavour has been made to avoid any error which can materially affect the basis of tender and successful tenderer shall take upon himself and provide for the risk of any error | 0.9 |
Accident casualty at site | responsible for the safety of all employees directly or through petty Contractors | 0.9 |
What is the impact of breaching the contract conditions on subcontracting? | Assignment of subletting the contract | 1 |
Stones/rocks/bounders | Excavated materials | 1 |
What is the deadline to submit the proposed project schedule? | as soon as possible but not later than 30 days after the date of receipt of the acceptance letter | 0.9 |
Memorandum of understanding | MoU | 1 |
Variation in quantity of earthwork | As soon as in the opinion of the Engineer, the work has been completed and has satisfactorily passed any final test | 0 |
Duration for Defence Statement | The Railway shall submit its defence statement and counter claim(s), if any, within a period of 60 days of receipt of copy of claims from Tribunal, unless otherwise extension has been granted by Tribunal. | 1 |
What is the deadline to submit the proposed project schedule? | Force Majeure | 0.1 |
Does the contract contain a clause for acts of god? | On receipt of approval from Chief Engineer, Contractor shall enter into a formal
agreement legally enforceable in Court of Law with subcontractor and submit a copy
of the same to the Engineer. | 0 |
Proposed Project schedule | The Contractor shall endeavor to fulfill this program. | 1 |
What is the deadline to submit the proposed project schedule? | The Contractor who has been awarded the work shall as soon as possible but not later than 30 days | 0.9 |
The Contractor shall commence the works within 15 days after the receipt by him of an order in writing to this effect from the Engineer and shall proceed with the same with due expedition and without delay | Can the excavated material be directly used in construction. | 0.1 |
CONtractor is not relieved from their responsibility. | Violation of terms on subcontracting side. | 0.9 |
Patent errors | Omissions and Descrepancies | 0.8 |
Prequalification | Not calling all the applied tenderers | 0.8 |
When should the contractor start working on the project? | Commencement of works | 1 |