Manish Rajput Structure

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DRAFT

KEC International Ltd.,


Gurugram, DLF Cyber City, 122002, India
CIN No. L45200MH2005PLC152061
Service Order
PO Number: 7600121264 PO Date: 13-JUN-24 Page 1 of 7
Vendor Address; Bill To Address; Ship To Address;
MANISH RAJPUT, KEC International Ltd KEC International Ltd
SEHORE, 43, JAWAHARLAL, 466445, India,23- NEAR LC NO.264,OPPOSITE BHARAT DHABA, NEAR LC NO.264,OPPOSITE BHARAT DHABA,
Madhya Pradesh TAHSIL-MULTAI,DIST.BETUL, MULTAI, 460661, TAHSIL-MULTAI,DIST.BETUL, MULTAI, 460661,
GST No. 23AZEPR7908M1ZV India,23-Madhya Pradesh India,23-Madhya Pradesh
GST No. 23AACCK5599H1ZA GST No. 23AACCK5599H1ZA
Your Vendor No. with us- 1010023149
Kind Attention: Purchase Group: Rly-Site-Services Contact Person : Surya Kumar Banerjee
Telephone: +918839734138 Approval No.: 0000287735 Contact No.:
Email: [email protected] Email: [email protected]

Quotation Ref. No.: Project No. RG-301 Currency: INR

INCO Terms: Terms of Payment : Due in 30 Days - Vendor

Our Reference:
Dear Sir/Madam,

We are pleased to place our detailed order on you for following services as per the terms and conditions mentioned below.

Line No Item Code & HSN / SAC UOM Quantity Unit Delivery Qty * Dur. Amount
Description Tax rate % Price Date
00010 Construction of Minor Bridge works 995421 /18.00% AU 1 0.0000 30-SEP-24
1200010738 PCC for Foundation M3 18.092 500 9,046
1200018307 Base Concrete/ Raft ( M-30) M3 174.155 700 121,908.5
1200001489 Steel Reinforcement TMT (GRADE Fe-500) MT 14.423 5,500 79,326.5
1200008506 SHUTTERING M2 435.389 325 141,501.43
1200053518 SCAFFOLDING FOR COLUMN M3 142.334 100 14,233.4
1200010738 PCC for Foundation M3 9.356 500 4,678
1200018307 Base Concrete/ Raft ( M-30) M3 93.956 600 56,373.6
1200001489 Steel Reinforcement TMT (GRADE Fe-500) MT 4.720 5,300 25,016
1200008506 SHUTTERING M2 234.889 300 70,466.7
1200053518 SCAFFOLDING FOR COLUMN M3 54.102 90 4,869.18
Total Amount 5,27,419.31
CGST-9% 47,467.74
SGST-9% 47,467.74
Grand Total 6,22,354.79

Amount In Words:RUPEES SIX LAKH TWENTY TWO THOUSAND THREE HUNDRED FIFTY FOUR

For, KEC INTERNATIONAL Ltd.

Authorized Signatory

Terms of Delivery :

1. Subcontract Price-

Regd. Off:
KEC International Limited.,
RPG House, 463, Dr. Annie Besant Road,Worli,Mumbai, 400030, India An Company
CIN No.L45200MH2005PLC152061
DRAFT
KEC International Ltd.,
Gurugram, DLF Cyber City, 122002, India
CIN No. L45200MH2005PLC152061
Service Order
PO Number: 7600121264 PO Date: 13-JUN-24 Page 2 of 7
The Subcontract Price for the entire scope of work under the Subcontract shall be Rs.5,27,419.31/- (Rupees Five Lakhs Twenty Seventy Thousand Four
Hundred Ninteen And Thirty One) (hereinafter referred to as "Subcontract Price") as per Bill of Quantities (BOQ) attached herewith, which is inclusive of all
taxes, duties, cess, royalty levies as applicable excluding GST. The Subcontract Price shall remain firm and shall not be subject to any change for
whatsoever reason unless otherwise expressly specified under this Order. The break-up of this original Subcontract Price is in Annexure 1.

The Quantities provided in the BOQ are approximate and actual quantity shall be as per approved design, vary as per the alignment and/or actual site
conditions during the currency of the subcontract. Unit rates shall be fixed and firm till completion of entire scope of works including variations if any.

2. Scope of the Works-

The scope of works to be carried out by the Subcontractor under this Order is briefly summarized but not limited to the following.
1. The scope provided in the BOQ shall be for Chainage Location No. 910/2, 897/3 in accordance with the relevant technical specification of the Employer
(Attached herewith as annexure -2).
2. Prior approval of the source of the materials and dumping of material shall be obtained from the Employer before commencing the works shall be under
your scope.
3. All the supply of materials required for execution of the works shall be in accordance with the approved design, employer’s technical specifications and
approval of the material from client. All technical specifications as per contract already provided before starting up the work at site. If any material supplied in
found to be defective and/or not in accordance with the design and /or in not in accordance with the technical specification and / or rejected by the Employer
for any reason, the same shall be suitably replaced meeting the Employer’s requirement and prior approval from Employer without any additional cost. No
claim under any circumstances in this regard shall be entertained. Any materials rejected by Employer shall be sole liability of the subcontractor.
4. KEC will provide you lab testing for various materials with existing equipment/facilities. Testing of the construction material shall be under KEC Scope.
Labour required during Sampling, testing and for miscellaneous works related to testing shall be provided by you. No extra facility or procurement will be
done by KEC on behalf of this work. Any third-party lab testing required for material shall be in KEC scope.
5. Required Levels/measurement must be taken before commencing the work and after completion of the work jointly (both Subcontractor and
representative of KEC) for each monthly statement.

6. Reinforcement steel will be issued by M/s KEC on reconciliation basis. However GI/MS binding wire will be in the scope of M/s Manish Rajput as per
approved 16/18 gauge.
7. Scope and agreed execution and mobilization plan is as per the agreed plan attached as Annexure-1.
8. RFI, required clearances, day to day progress and reporting to principal Client will be in scope of M/s KEC. However, getting the RFI approval is with M/s
AKS Group scope.
9. Transportation loading & unloading if required including labour hydra / crane etc. of all the requisite materials to project location required for execution of
the Subcontract Works shall be under your scope.
10. Electricity & Water for construction purpose shall be under your scope.
11. All the required plant and machinery including but not limited to dumpers, excavators, rollers, graders etc., for execution of the Subcontract Works shall
be under your scope.
12. Scope including dewatering, sludge cleaning.
13. Required consumables, diesel, lubricants, shuttering oil, admixture and Tools & Tackles etc., shall be under your scope.
14. The cost of any other miscellaneous materials required for completion of the Subcontract Works are deemed to be included in the BOQ rates agreed
upon by the Subcontractor.
15. Theft of materials from site either open land or the proposed track line will solely be the responsibility of Subcontractor.
16. All local issues, public hinderances in work and vehicle movement / manpower movement and security/safety of materials to be dealt by the
subcontractor.
17. Operator Competency certificate shall be provided to KEC.
18. Third party inspection report /fitness certificate of deployed equipment for referred works shall be submitted to KEC.
19. Labour hutment including land and proper hygiene shall be your scope. Local conveyance of labour and manpower shall be under your scope.
20. Food and water for the manpower deployed shall be under your scope.
21. Statutory compliances should be done as per Govt. Norms
22. Mobilization and demobilization of all the requisite resources shall be under your scope.
23. No idle charges of machinery and equipment paid by M/s KEC international Ltd
24. Subcontractor shall provide appropriate insurance covers for all its material, tools, equipment, machinery etc. as well as its staff and workers engaged
by it for execution of the work.
25. Compliance with relevant Safety, Health, and Environment as per the Employer’s SHE policy, terms and conditions, legal and any other statutory
requirements as per government norms.
26. All work to be executed with proper safety PPE and safety guidelines, in any case if KEC provide the safety PPE, same to be debited from your RA Bill
with reconciliation of safety material from safety in charge.
27. Safety Fencing: Without Safety fencing the work cannot permit and it should be maintained up to defect liability period.
28. Site Clearance: The Subcontractor’s Scope of work under this clause include, but not limited to the following:
"Clearing and Grubbing to the required grade and camber including cutting, removal of stumps, disposing and clearing of obstructions, uprooting of
vegetation, grass, bushes, shrubs, saplings and trees of girth up to 300 mm,, removal of loose deleterious material and top organic soil up to 150 mm
thickness and disposing of unserviceable material and stacking of serviceable material separately as per relevant technical specification and as instructed
by the Engineer in charge.
29. The disposal of surplus material, waste material, bentonite fluid and material contaminated with bentonite, debris of demolished existing structures or
buildings and unsuitable material etc.. shall be the full responsibility of the Contractor and these materials shall be treated and disposed of by the Contractor
at an approved location(s) at his own cost. The disposal plan and program shall be subject to consent by the Authority ‘s Engineer.
30. The subcontractor shall take necessary care of public utilities (such as construction water, telephone, power lines, public/private pipelines etc.) present
in the work areas. Whenever the subcontractor starts works in designated area, subcontractor should ensure presence of utilities in the same. KEC will
provide requisite resources for utility detection and arrange to shift the encountered utilities. In case, of damages to public utilities by subcontractor, the
same shall be repaired and / replaced by the subcontractor at their own cost. In case KEC arranges for such rectification or repair works, cost.
31. No workmen below 18 years and above 58 years of age shall be engaged for a job.
32. All workmen shall be screened by KEC before engaging them on the job. The physical fitness of all people to certain jobs like working at height or other
dangerous location to be ensured before engaging the person on work. The final decision rests with the KEC site management to reject any person on the
ground of physical fitness.

Regd. Off:
KEC International Limited.,
RPG House, 463, Dr. Annie Besant Road,Worli,Mumbai, 400030, India An Company
CIN No.L45200MH2005PLC152061
DRAFT
KEC International Ltd.,
Gurugram, DLF Cyber City, 122002, India
CIN No. L45200MH2005PLC152061
Service Order
PO Number: 7600121264 PO Date: 13-JUN-24 Page 3 of 7
33. Smoking is strictly prohibited at workspace.
34. Subcontractors shall ensure adequate supervision of the workspace. They shall ensure that all persons working under them shall not create any hazard
to self or to co-workers.
35. Adequate illumination at workplace shall be ensured before starting the job at night.
36. All the dangerous moving parts of the portable / fixed machinery being used shall be adequately guarded.
37. Erection zones and dismantling zones shall be barricaded and nobody will be allowed to stand under suspended load.
38. Materials shall not be thrown form heights. While unloading the area shall be posted outside the barricade for preventing the trespassers from entering
the area.
39. Other than the electricians, no one is allowed to carry out electrical connections, repairs on electrical connections repairs on electrical equipment or
other jobs related thereto.
40. Inserting of bare wires for topping the power from electrical sockets is completely prohibited.
41. All electrical wires shall be doubly insulated cable only.
42. All major, minor accidents and near misses to be reported to the site in-charge
43. All tools and tackles shall be inspected before use. Defects to be reported immediately. No lifting tackles to be used unless it is certifying by the
concerned P&M in charge / Safety Co- coordinator.
44. Debris, scrap and other materials to be cleared from time to time from the workspace and at the time of closing of work every day.
45. Adequate fire equipment shall be made available at the workspace and persons are to be trained in firefighting techniques with co-ordination of Site
safety coordinator.
46. All un-safe conditions, unsafe act identified by contractors, reported by site supervisor and / or safety personnel to be corrected on priority basis.
47. No children shall be allowed to enter the workspace.
48. Other than driver / operator, no one shall travel in a tractor / tough rider etc.
49. Subcontractor shall execute the work as per the Quality standards of the Employer specified in the main contract and shall adhere to the Employer’s
Quality Policy and all the Quality requirements such as Quality MMR (Minimum Mandatory Requirement), PQP (Project Quality Plan), MS (Method
statement), ITP (Inspection and Test Plan) and relevant Checklists and Formats.
50. During execution process or during final product handover process, if any deviation found to have happened from the desired Quality standards/
parameters mentioned in the first paragraph, then based on the severity of the occurrence, either Quality Observation (QOR), Non-Compliance Report
(NCR) or Work Stop Notices (WSN) will be issued to Subcontractor.
51. Rework/ Rectification costs due to the closure process of QORs, NCs and WSNs or Customer Complaints for the works which are in Subcontractor’s
scope, are to be borne by subcontractor only.
52. If the Subcontractor fails to close the QOR/ NC/ WSN even after regular follow up by contractor representatives, then a penalty of 5% of work cost will
be imposed on the subcontractor.
53. In case of repetition of similar defect after 3 WSNs given to the subcontractor, a penalty of 10% of work cost will be imposed and after 5 WSNs, the
subcontractor will be blacklisted.
54. KEC reserves the right to terminate the contract citing poor quality consciousness of subcontractor during work execution even without repetitive
occurrences of similar defects.
3. Payment terms shall be as per the KEC terms with Employer (Railways) on stage completion basis on item rate basis. However, in case of Force majeure
situation beyond control of M/s AKS Group, the Payment option may be considered with special approval of competent authority approval of KEC
depending on satisfactory/ substantial progress of M/s AKS Group at site.
4. Save as otherwise expressly provided in this order, the sub-contractor price is inclusive of supply of all materials, labors, supervision, Plants and
Equipment, surveying/setting out, and other quality control `measures as applicable to Main Contract.
5. The Subcontractor shall carry out the Subcontracted Work as per the Technical Specifications applicable for the Main Contract.
6. The General Conditions of Subcontract, annexures listed below shall form integral part of this Order.
7. This Order shall stand valid subject to prior approval of the Subcontractor credentials from our Employer.

8. Sub Contractor’s Time for Completion-

Time is the main essence of this Subcontract. Entire construction works shall be completed as per below table. Start date (date of commencement of work)
of Contract shall be within 07 days from the date of issue of Order.

Sr. No. Scope of Work Completion Duration


1 2 No’s Bridge 2 Months (including all season)

9. Mobilization Advance

No Mobilization advance shall be provided to the Subcontractor.

10. Materials Advance-

The contractor shall not provide any Material advance to the subcontractor. However, Subcontractor shall arrange to procure the requisite materials as per
the requirement for successfully execution of the works and shall meet the targets along with reference to the Scheduled Completion of the Main Contract.

11. Performance Bank Guarantee

No PBG demanded against this order as decided by Management.

12. Free supply Material for erection or for consumption in Subcontract work –

Except Concrete & TMT Contractor shall not provide any free supply materials to the Subcontractor.
PERMISSIBLE WASTAGE: -The wastage norms for reinforcement steel are as follows:
A Invisible wastage
maximum up to 0.5%. A. Reinforcement scrap to be returned (Below 1.5-meter length)-maximum up to 2.5%. B. Reinforcement steel greater than 1.5-meter

Regd. Off:
KEC International Limited.,
RPG House, 463, Dr. Annie Besant Road,Worli,Mumbai, 400030, India An Company
CIN No.L45200MH2005PLC152061
DRAFT
KEC International Ltd.,
Gurugram, DLF Cyber City, 122002, India
CIN No. L45200MH2005PLC152061
Service Order
PO Number: 7600121264 PO Date: 13-JUN-24 Page 4 of 7
length is considered as full length and it shall be returned to KEC by subcontractor. In case of shortage / excess consumption of reinforcement beyond
above said norms, cost of respective material shall be recovered at KEC cost price plus 20% overheads. The reconciliation statement of Reinforcement and
concrete shall be submitted by sub-contractor along with each RA bills.
i. Raw steel / reinforcement in straight bars shall be provided by KEC.
ii. Cutting, bending and tying of reinforcement as per approved specification and drawings & BBS.
iii. Preparation and approval of bar bending schedule in line with the GFC drawing. BBS should be made in consultation with KEC rebar engineer by using
available scraps & off cuts.
iv. Unloading, loading, handling in rebar yard or site.
v. Shifting, lifting, loading unloading (from yard to site & site to site), hoisting, lifting, placing & fixing in position including 18/16 G GI/MS binding wire.
vi. Providing & fixing of concrete cover blocks and chairs as required.
vii. Approval of BBS from KEC.
viii. Preparation & Submission of reconciliation statement for KEC free Supply material.

13. Supply of Material on chargeable basis-

The Contractor shall provide any supply of materials only on chargeable basis to the Subcontractor with 15% additional handling (Admin) Charges as per
SOP.

14. Price Variation- No Price Variation/Escalation application for this work.

15. Running Account / Monthly bills and payment

The Subcontractor shall submit the Running Account bills as per General Conditions of Subcontract on or before 05th date of every month. The aforesaid
Running Account bills submitted by the Subcontractor shall be certified and payment of the bill amount shall be released by KEC within 30 days from the
date of submission by the subcontractor after making necessary deductions and subject to approval by the Employer i.e. RFI approval, along with relevant
supporting documents such as reconciliation of free issue of materials by KEC if any, statutory compliances including GST returns etc. TDS shall be
deducted as applicable.
Payments shall be made as per the quantity measurements and certifications made by the Employer/KEC Authorized person.
The Subcontractor shall not be eligible for any interest or claims on account of delayed payments.
Payment for the RA Bill for the ‘n’th month shall not be paid unless following is submitted by the subcontractor.
ix. Royalty challan for works executed till RA Bill of ‘n-1’ month. Else recovery of 3 times the royalty amount shall be made.
x. GST paid challans till RA Bill of ‘n-1’ month. Else recovery of GST paid shall be recovered from current month RA Bill.
xi. If any royalty challan found illegitimate or ingenuine, then recovery along with penalty of 3 times shall be recovered from RA Bill
xii. Proof of payment made to agencies/ subcontractors /suppliers /Labour payment deployed by contractor in the form and manner as desired by KEC. If
the payment dispute is escalated to KEC, then KEC reserves the right to pay directly and adjust from the dues or payment getting due from contractor along
with 20% penalty notwithstanding any dispute between contractor and its agencies.
xiii. Labour compliance documents clear till n-1 month.
xiv. Material reconciliation.

16. Final Bill

The Subcontractor shall submit the draft Final bill as per General Conditions of Subcontract within 30 days from the date of issue of Taking-Over Certificate
by KEC to the Subcontractor. The Final bill statement submitted by the Subcontractor shall be certified by KEC and issue the Final Payment Certificate
within 30 days from the date of certification of same work by the Engineer under the Main Contract. The payment as certified in the Final payment certificate
shall be paid to the Subcontractor by KEC within 30 days from the date of receipt of the said payment by KEC from the Employer under the Main Contract.

17. Retention Money-


The Retention Money to be deducted from the Subcontractor’s each Monthly Bills as stated as per General Condition of Subcontract shall be at 5% of
Gross Bill value. Maximum amount of recovery of Retention Money shall be 5% of Subcontract Price. The release of Retention money shall be in
accordance with the General Conditions of Subcontract.

18. Defects Liability

The Defects Liability period shall be 12 months from the date of issue of Taking-Over certificate by KEC to the Subcontractor pursuant to General
Conditions of Subcontract or the defects liability period of Subcontract work under the Main Contract whichever is later.

19. Liquidated Damages

The liquidated damages as stated in the General Conditions of Subcontract to be levied on the Subcontractor shall be at the rate of 0.5% of the Subcontract
Price for the delay of every week or part thereof. However, the maximum limit of such liquidated damages shall be restricted to 10% of the original
Subcontract Price.

20. SUBLETTING OF WORK

No part of Subcontract nor any share of interest thereof shall in any manner of degree be transferred, assigned, or sublet to subcontractor directly or
indirectly to any firm or corporation whatsoever without prior consent in writing of KEC.
Notwithstanding any subletting for which such approval has been granted by KEC as aforesaid, Subcontractor shall be solely responsible for quality and
proper and expeditious execution of the works and performance of all the conditions of the subcontract as if such subletting had not been taken place and
as if such work had been executed directly by the Subcontractor.

21. FORCE MAJEURE


For the purposes of this Contract, "Force Majeure" means any event which is beyond the control of one of the Parties and which renders impossible the
performance of its obligations or makes it so difficult that it may be held to be impossible in such circumstances. Force Majeure events include, but are not

Regd. Off:
KEC International Limited.,
RPG House, 463, Dr. Annie Besant Road,Worli,Mumbai, 400030, India An Company
CIN No.L45200MH2005PLC152061
DRAFT
KEC International Ltd.,
Gurugram, DLF Cyber City, 122002, India
CIN No. L45200MH2005PLC152061
Service Order
PO Number: 7600121264 PO Date: 13-JUN-24 Page 5 of 7
limited to:
i. wars, hostilities and operations similar to wars (whether or not there is a declaration of war), invasion, act of civil war or due to an external enemy.
ii. rebellion, revolution, insurrection, mutiny, usurpation by civil or military governments, conspiracy, riots, civil unrest and terrorist acts.
iii. confiscation, nationalization, mobilization, requisition by or on the orders of a government or legal or de facto authority or other act or lack of action of a
local or national authority.
iv. strike, sabotage, lock-out, embargo, import restriction, port congestion, lack of usual means of public transport and communication, dispute of an
industrial nature, shipwreck, cut or restriction of power supply, epidemics, quarantine and Plague;
v. earthquake, landslide, volcanic activity, fire, flood, tidal wave, typhoon or cyclone, hurricane, storm, lightning or other adverse climatic event, shock or
nuclear wave or other natural or physical disaster.
vi. shortage of labour, materials, water, or electricity where this is due to causes considered themselves to be due to Force Majeure.

b. If either Party is prevented, hindered or delayed in the performance of one of its obligations under this Subcontract by an event of Force Majeure, it shall
notify the other party in writing of this event of Force Majeure and its circumstances within fourteen (14) days of the event.
c. The Party which has notified the other Party of an event of Force Majeure shall be exempted from the performance or performance of its obligations
specifically implicated under the Contract throughout the duration of the event of Force Majeure and to the extent that the performance of its obligations is
prevented, hindered, or delayed by that event. The completion period will be extended in accordance.
d. The Party or Parties affected by the Force Majeure event shall do what is in its power to mitigate the effects of this event on its performance of the
Contract and their obligations under the Contract, without prejudice to Purchaser’s right to terminate the Contract.
e. No delay or failure of performance by either Party due to Force Majeure shall constitute a breach of the Contract.
f. If the performance of the Contract is substantially prevented, hindered, or delayed for a period of more than thirty (30) consecutive days or an aggregate
period of more than forty (40) days as a result of one or more events of force during the duration of the Contract, the Parties will attempt to stablish a
mutually satisfactory solution. Notwithstanding anything the Purchaser always shall have a right to terminate the contract.

22. Quality

Subcontractor shall execute the Subcontract works as per the quality standards of the Employer specified in the Main Contract. Any rejection or failure of
the material works executed, non-compliance of the quality standards, all the consequent risk and cost shall be Subcontractor scope and no payment shall
be made to you under any circumstances and shall recover the damages from your bills due payable.

Noncompliance of the quality standards specified therein, KEC reserve the right to terminate the contract.

23. Safety, Health and Environment.

The Subcontractor shall provide required Personal Protective Equipment’s (PPEs) to workmen to protect against safety and / or health hazards. Primarily
PPEs are required for the following protection
i. Head Protection (Safety helmets)
ii. Foot Protection (Safety footwear, Gumboot, etc.)
iii. Body Protection (High visibility clothing (waistcoat/jacket), Apron, etc.)
iv. Personal fall protection (Full body harness, Rope-grip fall arrester, etc)
v. Eye Protection (Goggles, Welders glasses, etc.)
vi. Hand Protection (Gloves, Finger coats, etc.)
vii. Respiratory Protection. (Nose mask, SCBAs, etc.)
viii. Hearing Protection (Ear plugs, Ear muffs, etc)

Any non-compliance thereof of the Employer’s SHE policy, KEC/Employer shall levy penalty as applicable in the Main Contract.
24. GST:
The rates are excluding GST; GST will be applicable as per prevailing Rule of the Govt. of India under GST-Act and Subcontractor must provide GST no.
The reimbursement of GST shall be against invoice/debit note containing particulars specified under the GST act and related rules, notifications etc. as
notified by the Government in this regard. While raising invoice for the supply of services, the contractor shall invoice the Purchaser using the GSTIN of the
Purchaser in the state /UT in which the service or part thereof is to be rendered.
GST Return filling and ensure Credit of GST charged by you to KEC: You will be liable to file the GST return as per GST Act and ensure timely credit of
GST charged by you to M/s KEC International Ltd in case M/s KEC International Ltd is unable to take credit due to non-submission of GST return on time,
the GST as well as Interest, fine and penalty thereon will be recovered from you. GST reconciliation will be done on every bill submission in case of non-
availability of credit of previously paid/Charged GST, then your bill will be hold till compliance is being done by you and proof submission with M/s KEC
International Ltd.
25. Dispute Resolution

If a dispute of any kind whatsoever arises between the Contractor and the Subcontractor in connection with, or arising out of, the execution of the
Subcontract, whether during the execution of the Subcontract or after its completion and whether before or after repudiation or other termination of the
Subcontract, then the Contractor or the Subcontractor may give a notice of such dispute to the other party, in which case the parties shall attempt for the
next 60 days to settle such dispute amicably before the commencement of arbitration. Such notice shall state that it is made pursuant to this clause.
Any dispute which has not been amicably settled within 60 days after the day on which such notice is given shall be finally settled in accordance with the
Arbitration & Conciliation Act 1996 by way of Arbitration. The Arbitration may be commenced prior to or after completion of the Works, provided that the
obligations of the Contractor and the Subcontractor shall not be altered by reason of the arbitration being conducted during the progress of the Works.

26. TERMINATION OF SUBCONTRACT

KEC shall be entitled to terminate the subcontract if the subcontractor.

1. Fails to comply with clause 10 (Performance Guarantee) if applicable.


2. Abandons the works or otherwise plainly demonstrates the intention not to continue performance of his obligations under the subcontract.
3. Subcontract the whole of the works or assign the subcontract without the required agreement.
4. Become bankrupt or insolvent, goes into liquidation, has a receiving or administration order made against him, compounds with his creditors, or carries on

Regd. Off:
KEC International Limited.,
RPG House, 463, Dr. Annie Besant Road,Worli,Mumbai, 400030, India An Company
CIN No.L45200MH2005PLC152061
DRAFT
KEC International Ltd.,
Gurugram, DLF Cyber City, 122002, India
CIN No. L45200MH2005PLC152061
Service Order
PO Number: 7600121264 PO Date: 13-JUN-24 Page 6 of 7
business under a receiver, trustee or manager for the benefit of his creditors, or if any act is done or event occurs which (under applicable laws) has a
similar effect to any of these acts or events, or gives or offer to give (directly or indirectly) to any person any bribe, gift, gratuity, commission or other thing of
value, as an inducement or reward:
a. For doing or forbearing to do any action in relation to the subcontract, or
b. For showing or forbearing to show favor or disfavor to any person in relation to the subcontract, or if any of the subcontractors’ s personnel, agents give
or offers to give (direct or indirectly) to any person any such inducement or reward as it described in this sub-paragraph (However, lawful inducements and
rewards to subcontractors personnel shall not entitle termination).

In any of these events or circumstances, the KEC may upon giving 14 days’ notice to the subcontractor, terminate the subcontractor and expel the
subcontractor from the site. However, in case of sub-paragraph 3 or 4, the KEC may by notice of terminate the subcontractor immediately.

The KEC’s election to terminate the subcontract shall not prejudice any other rights of the KEC, under the subcontract or otherwise.

The subcontractor shall then leave the site and deliver any required Goods, all subcontractors" documents, and other design documents made by or for him,
to the Engineer. However, the subcontractor shall use his best efforts to comply immediately with any reasonable instructions included in the notice (i) for
the assignment of any subcontract, and (ii) for the protection of life or property or for the safety of the works.

After termination, the KEC may complete the works and/or arrange for any other entities to do so. The KEC and these entities may then use any goods,
subcontractor’s equipment, subcontractors documents and other design documents made by or on behalf of the subcontractor.

KEC shall then give notice that the subcontractor’s equipment and temporary works will be released to the subcontractor at or near the site. The
subcontractor shall promptly arrange their removal, at the risk and cost of the subcontractor. However, if by this time the subcontractor has failed to make a
payment due to the KEC, these items may be sold by the KEC in order to recover the payment. Any balance of the proceeds shall be paid to the
subcontractor.

27. WATCH & WARD FOR MATERIAL:

All transport & handling charges, storage charges, Security Guard charges for watch & ward for your own material & the material handed over to agency by
KEC are included in your price & no claim on account of these charges will be entertained by KEC at a later date. All your materials & equipment mobilized
at site should be registered at KEC store before starting the job.

28. Order of precedence:

The commercial terms and conditions shall supersede the Approved/CDP Drawings, commercial terms mentioned if any, Contractual Specification, KEC
representative, BOQ of the order.

29. MODE OF MEASUREMENT: -

Measurements of executed work shall be submitted by the Subcontractor, and it shall be certified by Employer representative on monthly basis.
Measurements shall be done as per actual work done carried out at site in presence of KEC and Employer representative, wherever actual measurement
are not possible then it shall be measured & certified by KEC/ Employer representative as per approved drawings.

30. Review Meeting Progress Report:

The Sub-contractor will be required to attend review meetings at the site, as and when desire by the owner at his own cost. MIS Reports and Resource
Planning showing progress and quality of work completion shall be prepared, monitored, and submitted by the contractor to the Purchaser on a regular
basis. The contractor shall monitor progress of all the activities as specified in the technical specification of the Tender document and shall submit monthly
progress report to the Owner for review.

31. DAMAGE TO CLIENTS’ PROPERTY:

Agency shall be responsible for making well the entire satisfaction of KEC and our client, any loss or damage to any structure(s) or property etc. belonging
to public our client or any other agency due to fault, negligence or omission by Agency employees, representatives, or agents.
If any damage occurs, the Agency are fully responsible for the causes and Agency have to reconstruct the damages structures/electrical works etc., and
compensation if any has to be borne by Agency. If the agency fails to do so KEC reserves the right to get it done at risk & cost after issuing a notice within
10 days.

32. Documentation shall be provided by the sub-contractor along with their bill.
1. Abstract, Measurement sheet, Reconciliation.
2. Item approved RFI no. of all the items claimed.
3. Jointly signed OGL.
4. Jointly signed work done levels & Quantification.
5. Jointly signed Soft & Hard Rock Levels, if any.
6. Copy of RFI with every stage.
7. Proof of paid GST against passed RA Bill (GST3B & B2B).
8. PF / ESI Detail.
9. Approved drawing number & date should be mentioned on cross Sections mentioning from which work has been executed.

33. SOP of RFI based working.

10. Work done RFI shall be Raised by site engineer as per item code mentioned in cost center.
11. LBD Measurement to be mentioned on the measurement sheet with RFI no. as per design specification.
12. All the levels shall be taken jointly by the execution and survey team and signed copy shall be attached with RFI.

Regd. Off:
KEC International Limited.,
RPG House, 463, Dr. Annie Besant Road,Worli,Mumbai, 400030, India An Company
CIN No.L45200MH2005PLC152061
DRAFT
KEC International Ltd.,
Gurugram, DLF Cyber City, 122002, India
CIN No. L45200MH2005PLC152061
Service Order
PO Number: 7600121264 PO Date: 13-JUN-24 Page 7 of 7
13. Separate RFI to be raised for different Item code.
14. Chainage to be mentioned on each RFI.
15. Item code shall be mentioned on each RFI.
16. Joint measurement sheet to be attached with approved RFI.
17. Quality tam will mention all the required details / test results as required by the client.
18. Separate RFI should be raised for ground treatment / Improvement and level sheet should be attached herewith.
19. All the measurement should be mentioned on RFI / JMS as per approved drawing and speciation's
20. Prior approval to be obtained for work executed beyond drawing & design parameters
21. Separate Record to maintain with Joint measurement duly signed by client after execution of work beyond drawing design specifications

34. This order SHALL BE READ IN CONJUNCTION WITH THE "GENERAL CONDITIONS OF CONTRACT" ATTACHED ALONG WITH THIS LOI. In the
event of any ambiguity or inconsistency between the provision s of this order and GCC, the terms of the order shall prevail. Clause 24 is not applicable to
this subcontract.

35. This Order shall be signed by the both the parties in duplicate and each party shall retain one copy. Each copy shall be treated as original. The detailed
order shall be issued after the management approval.

For M/s KEC International Limited

(Name and Designation)


Authorized Signatory

All the terms and conditions mentioned in this LOI are acceptable to us and we shall abide by these unconditionally-

For M/s.________________
Authorized Signatory

(Name &Designation)

Regd. Off:
KEC International Limited.,
RPG House, 463, Dr. Annie Besant Road,Worli,Mumbai, 400030, India An Company
CIN No.L45200MH2005PLC152061

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