SUPPLEMENTARY CONTARCT AGREEMENT (No.

-5)

Supplementary Contract Agreement No. CPM/RVNL/R/R-TIG/Pkg-2/ARSS/Supplementary – 5/ dt.……

01.2019.

Whereas M/s. Rail Vikas Nigam Limited represented by Chief Project Manager, Raipur herein
referred as ‘Employer’ and M/s. ARSS Infrastructure Project Ltd. Bhubaneswar, herein referred as
‘Contractor’ entered into agreement vide No. CPM/RVNL/R/R-TIG/ARSS/Pkg-2/ Date 13.05.2015 for
execution of Railway double line work of ‘’Execution of balance work for construction of Road bed,
Major & Minor bridges, Track linking (Excluding Supply of rails, Ordinary Track slipper and thick webs
switches), outdoor signalling and electrical (General) works in connection with doubling of Lakhana
(ex.) – Arand (in.) section (68.936 km.) part of Raipur – Titlagarh doubling in Sambalpur Division of
East Coast Railway in state of ODISHA and CHHATTISGARH, INDIA’’.

Whereas Employer and Contractor entered into Supplementary Agreement for incorporation of
certain additional conditions in contract referred above.

Whereas contractor shall deploy vendors for the following activities.

SL. Work Order No. and Date Details of the suppliers/ As per M/s. ARSS the
vendors amount to be paid
1 ARSS/BGBR/PKG-II/2016/83 Subhasish Loadh
dt.19.01.18
2 ARSS/BGBR/PKG-II/2016/84 Praffula Patel
dt.19.01.18
3 ARSS/BGBR/PKG-II/ Neelu Loadh
2016/86dt.29.01.18
4 ARSS/BGBR/PKG-II/2016/87 Vivek Gupta
dt.27.02.18
5 ARSS/BGBR/PKG-II/2016/88 Raj Enterprises
dt.30.02.18
6 ARSS/BGBR/PKG-II/2016/92 N S Khanduja
dt.24.03.18
7 ARSS/BGBR/PKG-II/2016/93 M/s Padhi Filling Station
dt.25.03.18
8 ARSS/BGBR/PKG-II/2016/94 Dilip Kumar Nirmalkar
dt.25.03.18
9 ARSS/BGBR/PKG-II/2016/95 Babita Jain
dt.25.03.18

The contractor (M/s. ARSS) vide their letters, with covering letter bearing No. ARSS/BGBR/P – II/509
dtd. 17.01.2019 has requested RVNL (Employer) for direct payment to above vendors from their
IPCs/PVC/GST bills on delivering material as per the work orders issued by them to the vendors.

In consideration of above Employer (RVNL) and contractor (M/s. ARSS Infrastructure Project Limited)
now agree for following terms by this subsidiary agreement.

1. Employer (RVNL) will make direct payment to respective sub-contractor / vendors as per
amount communicated & requested by M/s. ARSS Infrastructure Project Limited / principal
contractor to respective vendors mentioned in the above table or lump sum of net payment
duly making deductions of taxes & other recovery of dues of RVNL.

2. M/s. ARSS Infrastructure Projects Limited undertakes that the direct payment to above
vendors shall be made only on submission of IPC for material received from the vendors.
 3. M/s. ARSS Infrastructure Projects Limited undertakes that payments made in
vendors/supplier accounts, against supplies shall be nominated by principal contractor and
shall be deemed to have been paid to the M/s. ARSS Infrastructure Projects Limited. Also
supplies made by the vendors shall be deemed to have been made by the M/s. ARSS
Infrastructure Projects Limited and for the quantities of the items supplied under the original
agreement.

4. All payments made in pursuance of this supplementary agreement to sub-contractor(s)/

Vendor(s) shall be due and sufficient discharge of Employer’s liability for payments
stipulated in clause 14.7 of GCC and contractor shall acknowledge the receipt of full
payment.

5. In case of direct payment to vendors, the principal contractors M/s. ARSS Infrastructure
Project Limited, owns full responsibility of the quality, specification of the work done by the
vendors up to the stage of commissioning and defect liability period (DLP). Contractor M/s.
ARSS Infrastructure Projects Limited, indemnifies RVNL on this account.

6. M/s. ARSS Infrastructure Projects Limited undertakes that despite agreeing to the request by
RVNL, there would not be any dilution in their responsibility and the employer will have the
right to invoke all/any of the penal clauses embedded in the agreement against the principal
contractor, M/s. ARSS Infrastructure Projects Limited.

7. The principal contractor M/s. ARSS Infrastructure Project Limited indemnifies RVNL against
any loss, disputes or legal issues because of such payments.

8. The principal contractors M/s. ARSS Infrastructure Project Limited shall ensure that the bank
guarantees submitted by them to RVNL are valid and enforceable as long as these are
required in terms of contract conditions.

9. The M/s. ARSS Infrastructure Projects Limited shall advise the net amount payable to the
vendors with bank particulars of the vendors for arranging payment by RVNL while
submitting the IPC/GST/PVC bill.

10. The statutory deductions, including Tax and GST will be calculated based on gross amount of
the bill and shall be deducted. The deductions shall be accounted for in principal
contractor’s account.

IN WITNESS where of the parties hereto have caused this agreement to be executed in accordance
with the laws of INDIA on the day, month and year indicated above.

Signed by CHIEF PROJECT MANAGER Signed by

Rail Vikas Nigam Limited Raipur (Authorized Signatory)
(Authorized Signatory) For M/s. ARSS Infrastructure Projects Ltd.
Rail Vikas Nigam Ltd. for and on behalf of the Principal
For and on behalf of the Employer, in the Contractor, in the presence of
presence of

Witness, Name, Signature, Address, Date Witness, Name, Signature, Address, Date