TD 215-15- FBW revisedwcr.indianrailways.gov.in/wcr/notice/1453894464108... · Page 2 Contractor...

Contractor

WEST CENTRAL RAILWAY Name of Contractor:- ………………………. ………… …………………………………… Full address :- ………………………………………………………….…………….. Phone / Mobile No. :- ………………………………………………………………………… Cost of Tender Form deposited vide Money Receipt No………….………Date:………… issued by …………………………….

Tender Notice No. 215/15 date: 10.12.2015

Date of opening:- 19.01.2016 (Corrigendum dt 18.01.16 revised open dt 05.02.16) Revised opening dt 23.02.2016 (Corrigendum II dated 25.01.16)

TENDER FORM Name of Work:- Through weld renewal in 60 kg/52kg rail using Road-Cum-Rail Mobile Flash Butt Welding Plant and / or stationary flash butt welding plant- 10,000 joints on Jabalpur division. Earnest Money:- The Earnest money should be in cash or Banker’s cheques/Demand Drafts in favour of Sr.DFM JBP, executed by State Bank of India or any of the Nationalized Banks or by a schedule Bank. (Railway Baord’s letter no. 2013/CE-I/CT/o/45/JV dated 22.09.2014).

ENGINEERING DEPARTMENT (Jabalpur Division).

(Note:- 1. Provident fund special conditions should be down loaded from the Annexure available on web site. Note :-2. Bridge specifications for Bridge works are available on web site which should be downloaded for tender documents of Bridge Works.)

Contractor

'kqqf) i=d fnukad 18-01-2016

loZlacaf/kr dks lwfpr fd;k tkrk gS fd bl dk;kZy; }kjk tkjh fufonk lwpuk dzekad 215@15 fnukad 10-12-2015 dk;Z dk uke “Tkcyiqj eaMy esa 60ds-th-@52 ds-th- jsy dk jksM de jsy eksckby ¶y’k cVzV osfYMax IykUV vkSj @ ;k fLFkj ¶y’k

cVzV osfYMax IykUV ls 10]000 TokbUVzl dk Fkzw osYM fjuwoy dk dk;ZA””tks dh fnukad 19-01-2016 dks [kksyh tkuh gSA VsUMj f’kMqy o Lis’ky dUMh’ku esa lq/kkj dh otg ls mDr fufonk vc fnukad 05-02-2016 dks [kksyh tk;sxh A la’kksf/kr fufonk izi= gekjh cso lkbV www.wcr.indianrailways.gov.in. ij miyC/k gSA fufonk fd vU; 'krsZ o fu;e ;Fkkor jgsaxas A eaMy jsy izca/kd ¼dk;Z½ tcyiqj

Corrigendum dated 18.01.2016

This is to notify to all concern that the Tender Notice No. 215/15 dated 10.12.2015 for the work “Through weld renewal in 60 kg/52kg rail using Road-Cum-Rail Mobile Flash Butt Welding Plant and / or stationary flash butt welding plant- 10,000 joints on Jabalpur division.” Which is to be opened on 19.01.2016. Due to correction in Schedule and Special conditions the same will be opened on 05.02.2016. The revised tender document is available on our web site www.wcr.indianrailways.gov.in. All other terms and conditions will be remains same.

Divisional Railway Manager(Works) West Central Railway, Jabalpur.

For and on behalf of the President of Union of India.

Contractor

'kqqf) i=d II fnukad 25-01-2016

loZlacaf/kr dks lwfpr fd;k tkrk gS fd bl dk;kZy; }kjk tkjh fufonk lwpuk dzekad 215@15 fnukad 10-12-2015 dk;Z dk uke “Tkcyiqj eaMy esa 60ds-th-@52 ds-th- jsy dk jksM de jsy eksckby ¶y’k cVzV osfYMax IykUV vkSj @ ;k fLFkj ¶y’k

cVzV osfYMax IykUV ls 10]000 TokbUVzl dk Fkzw osYM fjuwoy dk dk;ZA””tks dh fnukad 05-02-2016 dks [kksyh tkuh gSA bl dk;Z dh lekiu vof/k dks 12 ekg dh txg 24 ekg i<+k tkos mDr fufonk vc fnukad 23-02-2016 dks [kksyh tk;sxh A la’kksf/kr fufonk izi= gekjh cso lkbV www.wcr.indianrailways.gov.in. ij miyC/k gSA fufonk fd vU; 'krsZ o fu;e ;Fkkor jgsaxas A eaMy jsy izca/kd ¼dk;Z½ tcyiqj

Corrigendum II dated 25.01.2016

This is to notify to all concern that the Tender Notice No. 215/15 dated 10.12.2015 for the work “Through weld renewal in 60 kg/52kg rail using Road-Cum-Rail Mobile Flash Butt Welding Plant and / or stationary flash butt welding plant- 10,000 joints on Jabalpur division.” In this tender completion period may be read as 24 months instead of 12 months. This tender will now be opened on 23.02.2016. The revised tender document is available on our web site www.wcr.indianrailways.gov.in. All other terms and conditions will be remains same.

Divisional Railway Manager(Works) West Central Railway, Jabalpur.

For and on behalf of the President of Union of India.

Contractor

PART-I Page No

REGULATIONS FOR TENDERS AND CONTRACTS

CONTENTS 1.1 Meaning of Terms 3. 1.2 DEFINITIONS 3. 1.3 SINGULAR AND PLURAL 4.

CREDENTIALS OF CONTRACTORS

2.1 APPLICATION FOR REGISTRATION 4. 3. TENDER FORM 5. 4. OMISSIONS AND DISCREPANCIES 5. 5. EARNEST MONEY 5. 6. CARE IN SUBMISSION OF TENDERS 6.

CONSIDERATION OF TENDERS

7. RIGHT OF RAILWAY TO DEAL WITH TENDERS 6

CONTRACT DOCUMENTS

8. EXECUTION OF CONTRACT DOCUMENT 6 9. FORM OF CONTRACT DOCUMENTS 6 ANNEXURE I TENDER FORMS 7 to 11. ANNEXURE II AGREEMENT FOR ZONE CONTRACT 12 ANNEXURE III Work order under zone contract 13 ANNEXURE IV Contract Agreement Form 14 ANNEXURE V Work Order for works 15 Contracts Agreement 16 ANNEXURE VI Work Order for works 17 10. Special conditions of contract 18 to 28 11. Safety Rules 29 to 31. 12. Special conditions 31 to 35 13. Instructions to Tenderers 35 to 39 14. Notes for Tenderer 39. 15 Correction Slip – 1 40 to 42 . 16. Correction Slip - 2 43 to 50.

Contractor

REGULATIONS FOR TENDERS AND CONTRACTS FOR THE GUIDANCE OF ENGINEERS AND CONTRACTORS

FOR ENGINEERING WORKS MEANING OF TERMS 1.1 These Regulations for Tenders and Contracts, shall be read in conjunction with the General conditions of Contract which are referred to herein and shall be subject to modifications, additions or super session by special conditions of contract and/or special specifications, if any annexed to the Tender Forms. 1.2 Definition: - In these Regulations for Tenders and Contracts the following terms shall have the meanings assigned hereunder except where the context otherwise requires: - (a) "Railway” shall mean the President of the Republic of India or the Administrative Officers of the West Central Railway or of the Successor Railway authorised to deal with any matters which these presents are concerned on his behalf. . (b) "General Manager" shall mean the Officer incharge for the general Superintendence and control of the Railway and shall also include the General Manager (Construction) and shall mean and include their successors, of the Successor Railway. (c) "Chief Engineer" shall mean the Officer incharge of the Engineering Department of West Central Railway and shall also include the Chief Engineer (Construction), Chief Signal and Telecommunication Engineer, Chief Signal and Telecommunication Engineer (Construction), Chief Electrical Engineer and Chief Electrical Engineer (Construction) and shall mean & include their successors of the Successor Railway. (d) "Divisional Railway Manager" shall mean the Officer incharge of a Division of the West Central Railway and shall mean and include the Divisional Railway Manager of the Successor Railway. (e) "Engineer" shall mean the Divisional Engineer or the Executive Engineer, Divisional Signal & Telecommunication Engineer, Divisional Signal & Telecommunication Engineer (Constructions), Divisional Electrical Engineer and Divisional Electrical Engineer (Construction), in executive charge of the works and shall include the superior officer of the Engineering, Signal & Telecommunication, and Electrical Department of Railway; i.e. the Senior Divisional Engineer/Deputy Chief Engineer/Chief Engineer / Chief Engineer (Construction), Senior Divisional Signal and Telecommunication Engineer/ Deputy Chief Signal and Telecommunication Engineer / Chief Signal & Telecommunication Engineer / Chief Signal & Telecommunication Engineer (Construction), Senior Divisional Electrical Engineer/Deputy Chief Electrical Engineer/Chief Electrical Engineer (Construction)/ and shall mean and include the Engineers of the Successor Railway. (f) "Tenderer" shall mean the Person/the firm/co-operative or company whether in-corporated or not who tenders for the works with a view to execute the works on contract with the Railway and shall include their personal representatives, successors and permitted assigns. (g) "Limited Tenders" shall mean tenders invited from all or some Contractors on the approved or select list of contractors with the Railway. (h) "Open Tenders" Shall mean the tenders invited in open and public manner and with adequate notice. (i) "Works" shall mean the works contemplated in the drawings and schedules setforth in the tender forms and required to be executed according to specifications. (j) "Specifications" Shall mean the specifications for Materials and works of the Central Railway as specified in Part III of the Works Hand Book issued under the authority of the Chief Engineer or as amplified added to or superseded by special specification if any appended to the Tender Forms. (k) "Schedule of Rates of the West Central Railway" shall mean the schedule of Rates issued under the authority of the Chief Engineer from time to time (I) "Drawings" shall mean the maps, drawings, plans and tracings or prints thereof annexed to the Tender Forms. 1.3. Words importing the singular number shall also include the plural and vice versa where the context requires. 2.1 Application for registration:-Works of construction and of supply of material shall be entrusted for execution to contractors whose capabilities and financial status have been investigated and approved to the satisfaction of the Railway. For this purpose, list of approved contractor shall be maintained in the Railway. The said list shall be revised periodically once in a year or so by giving wide publicity through advertisements etc. A Contractor including a contractor who is already on the approved list shall apply to the nearest General Manager (Construction), Chief Administrative Officer (Construction), Divisional Railway Manager, Chief Engineer/ Chief Engineer (Construction), Chief Signal and Telecommunication Engineer/Chief Signal & Telecommunication Engineer (Construction) and Chief Electrical Engineer/Chief Electrical Engineer (Construction), furnishing particulars regarding: -

Contractor

(a) his position as an independent contractor specifying Engineering organisation available with details or Partners/Staff/Engineers employed with qualifications and experience; (b) his capacity to undertake and carry out works satisfactorily as vouched for by a responsible official or firm, with details about the transport equipments, construction tools and plants, etc., required for the work, maintained by him; (c) his previous experience of works similar to that to be contracted for, in proof of which original certificates or testimonials may be called for and their genuineness verified if needs be, by reference to the signatories thereof; (d) his knowledge from actual personal investigation of the resources of the area/zone or zones in which he offers to work; (e) his ability to supervise the work personally or by competent and duly authorised agents; (f) his financial position; (g) Income-tax Clearance Certificate.:- Addendum & Corrigendum Slip (ACS) No. 3 to General Condition of Contract July 2013 has been issued by Railway Board , New Delhi vide letter No. 94/CE-I/CT/4 (PT.II) dated 07/14.11.2013 and the same is applicable to this tender / contract. 2.2 An applicant shall clearly state the categories of works for which and the area/zone/division (s)/district (s) in which he desires registration in the list of approved contactors. 2.3 The selection of Contractors for enlistment in the approved list would be done by a committee for different value slabs as notified by Railway. 2.4 An annual fee as prescribed by the Railway from time would be charged from such approved contractors to cover the cost of sending notices to them and clerkage for tenders, etc. 2.5 The list of approved contractors would be treated as confidential office record.

Contractor

TENDERS FOR WORKS 3. Tender Form: - Tender Forms shall embody contents of the contract documents either directly or by reference, and shall be as per specimen form, Annexure I. tender Forms shall be issued on payment of the prescribed fees to the appropriate contractor on the list of approved contractors. Contractors not on the list of approved contractors, will on payment of the prescribed fees, be furnished with tender forms and they shall be required to submit evidence regarding their financial status, previous experience and ability to execute the works without which their tenders will not be considered. 4. Omissions and Discrepancies: - Should a tenderer find discrepancies in, or omissions from the drawings or any of the Tender Forms or should be in doubt as to their meaning, he should at once notify the authority inviting tenders who may send a written instruction to all tenderers. It shall be understood that every endeavor has been made to avoid any error which can materially affect the basis of the tender and the 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. 5. Earnest Money: - The tenderer shall be required to deposit earnest money with the Tender for the due performance of the stipulation to keep the offer open till such date as specified in the Tender, under the conditions of Tender, Annexure-I. (b) It shall be understood that the tender documents have been sold/ issued to the tenderer and the tenderer is permitted to tender in consideration of stipulation on his part, that after submitting his tender he will not resile from his offer or modify the terms and conditions thereof in a manner not acceptable to the Engineer. Should the tenderer fail to observe or comply with the said stipulation, the aforesaid amount shall be liable to be forfeited to the Railway. (c) If his tender is accepted this earnest money mentioned in sub clause (a) above will be retained as part security for the due and faithfull fulfillment of the contract in terms of Clause 16 of the General Conditions of Contract. The earnest money of other tenderers shall, save as herein before provided, be returned to them, but the Railway shall not be responsible for any loss or depreciation that may happen thereto while in their possession, nor be liable to pay interest thereon. (d) Deleted (Ref. Rly.Board`s L.No. 2003/CE-I/CT/4/PT.I dated 12.5.2006 and 30.05.06) (2) No part of this fixed lump sum deposit as Earnest Money can be accounted against the Security Deposit a contractor has to make on the acceptance of his tender and on execution of an agreement. It may however, be noted by the Contractors that this Earnest Money deposited by them is available for forfeiture to the extent specified, in cases where they tender but due to any circumstances fail to keep the offer open for the period specified in the tender documents. The earnest money should be in cash or in any of the following forms: - (i) Deposit receipts, pay orders, demand drafts. These forms of earnest money could be either of the State Bank of India or of any of the nationalized banks. No confirmatory advice from the Reserve Bank of India will be necessary. (ii) Deposit receipt executed by the Scheduled banks (other than the State Bank of India and the Nationalized Banks) approved by the Reserve Bank of India for this purpose. 6. Care in Submission of Tenders. (a) Before submitting a tender, the tenderer will be deemed to have satisfied himself by actual inspection of the site and locality of the works, that all conditions liable to be encountered during the execution of the works are taken into account and that the rates he enters in the tender forms are adequate and all inclusive to accord with the provisions in Clause-37 of the General Conditions of Contract for the completion of works to the entire satisfaction of the Engineer. When work is tendered for by a firm or company of contractors, the tender shall be signed by the individual legally authorised to enter into commitments on their behalf. (c) The Railway will not be bound by any power of attorney granted by the tenderer or by changes in the composition of the firm made subsequent to the execution of the contract. It may, however, recognize such power of attorney and changes after obtaining proper legal advice~, the cost of which will be chargeable to the contractor. 7. Right of Railway to deal with Tenders - The Railway reserves the right of not to invite tenders for any of Railway work or works or to invite open or limited tenders and when tenders are called to accept a tender in whole or in part or reject any tender or all tenders without assigning reasons for any such action.

Contractor

CONTRACT DOCUMENTS

8. Execution of Contract Document: - The Tenderer whose tender is accepted shall be required to appear in person at the office of the General Manager/General Manager (Construction) Chief administrative Officer (Construction), Divisional Railway Manager or concerned Engineer, as the case may be, or if a firm or corporation, a duly authorised representative shall so appear and execute the contract documents within 7 days after notice that the contract has been awarded to him. Failure to do so shall constitute a breach of the agreement affected by the acceptance of the tender in which case the full value of the earnest money accompanying the tender shall stand forfeited without prejudice to any other rights or remedies. In the event of any tenderer ,whose tender is accepted , shall refuse to execute the contract documents as here in before provided, the Railway may determine that such tenderer has abandoned the contract and there upon his tender and acceptance thereof shall be treated as cancelled and the Railway shall be entitled to forfeit the full amount of the Earnest Money and to recover the damages for such default. 9. Form of Contract Document :-Every contract shall be complete in respect of the document it shall so constitute. Not less than 2 copies of the contract documents shall be signed by the competent authority and the contractor and one copy given to the contractor. (a) For zone contracts awarded on the basis of the percentage above or below the Schedule of Rate West Central Railway for the whole or part of financial year, the contract agreement required to be executed by the tenderer whose tender is accepted shall be as per specimen form, Annexure II During the currency of the Zone contract, work orders as per specimen form Annexure III or IV for works not exceed Rs. Two Lakh each shall be issued by the Divisional Railway Manager/Executive Engineer under the agreement for Zone Contract. (b) For contracts for specific works, valued at more than Rs. 10,000/- the contract documents required to be executed by the tenderer whose tender is accepted shall be either an Agreement as per specimen form Annexure IV or a work order as per specimen form annexure V as may be prescribed by the Railway.

Contractor

ANNEXURE I

WEST CENTRAL RAILWAY

TENDER FORMS (FIRST SHEET) Tender No. ....... Name of Work; ..... To, The President of India, Acting through the Divisional Railway Manager(Works) West Central Railway, Jabalpur.

I/We ____________________ have read the various conditions to tender attached hereto and agree to abide by the said conditions. I/We also agree to keep this tender open for acceptance for a period of ________ days from the date fixed for opening the same and in default thereof, I/We will be liable for forfeiture of my/our “Earnest Money”. I/We offer to do the work for _______ Railway, at the rates quoted in the attached schedule and hereby bind myself/ourselves to complete the work in all respects within ____________ months from the date of issue of letter of acceptance of the tender.

2. I/We also hereby agree to abide by the Indian Railways General Conditions Of Contract 2011, with all correction slips up-to-date and to carry out the work according to the Special Conditions of Contract and Specifications of materials and works as laid down by Railway in the annexed Special Conditions/Specifications, Schedule of Rates with all correction slips up-to-date for the present contract.

3. A sum of Rs. ___________ is herewith forwarded as Earnest Money. Full value of the earnest Money shall stand forfeited without prejudice to any other right or remedies in case my/our Tender is accepted and if:

(a) I/We do not execute the contract documents within seven days after receipt of notice issued by the Railway that such documents are ready; and

(b) I/We do not commence the work within fifteen days after receipt of orders to that effect.

4. Until a formal agreement is prepared and executed, acceptance of this tender shall constitute a binding contract between us subject to modifications, as may be mutually agreed to between us and indicated in the letter of acceptance of my/our offer for this work.

Signature of Witnesses:.,............................... .................................... Signature Tenderer(s) (1)………………………. Address of the Tenderer(s) (2)………………………. Date ...........................

Contractor

ANNEXURE I

TENDER FROM (SECOND SHEET)

1. Instructions to tenderers and conditions of tender - The following documents form part of Tender/ Contract :- (a) Tender forms-First Sheet and Second Sheet. (b) Special Conditions/Specifications (enclosed) (c) Schedule of approximate quantities (enclosed) (d) General Conditions of Contract and Standard Specifications for materials and works of Indian Railway as amended/ corrected up to latest correction slips, copies of which can be seen in the office of Divisional Railway Manager (Works) or obtained from the office of the Chief Engineer, West Central Railway, Jabalpur on payment of prescribed charges. (e) Schedule of Rates, as amended/corrected up to latest correction slips, copies of which can be seen in the office of DRM(Works), Jabalpur or obtained from the Chief Engineer, West Central Railway, Jabalpur on payment of prescribed charges. (f) All general and detailed drawings pertaining to this work which will be issued by the Engineer or his representatives (from time to time) with all changes and modifications. 2. Drawings for the work.- The Drawings for the work can be seen in the office of the DRM(Works),Jabalpur at anytime during the office hours. The drawings are only for the guidance of Tenderer(s). Detailed working drawings, (if required) based generally on the drawing mentioned above, will be given by the Engineer or his representative from time to time. 3. The Tenderer(s) shall quote his/their rates as a percentage above or below the schedule of Rates of the West CentraI Railway, Jabalpur as applicable to Jabalpur Division except where he / they are required to quote item rates and must tender for all the items shown in the schedule of approximate quantities attached. The quantities shown in the attached schedule are given as a guide and are approximate only and are subjet to variation according to the needs of the Railway. The Railway does not guarantee work under each item of the schedule. 4. Tenders containing erasures and/or alterations of the tender documents are liable to be rejected. Any correction made by Tenderer(s) in his/their entries must be attested by him/them. 5. The works are required to be completed within a period of ……(As per NIT) ..………………months from the date of issue of acceptance letter. 6. Earnest Money:- (a) The tender must be accompanied by a sum of ……………(As per NIT).……………as earnest money deposited in cash or in any of the forms as mentioned in Regulations for tenders and Contracts for the guidance of the Engineers and Contractors, failing which the tender will not be considered. (b) The Tenderer(s) shall keep the offer open for a minimum period (as per NIT) from the date of opening of the Tender it is understood that the tender documents has been sold/issued to the Tenderer(s) and the Tenderer(s) is/are permitted to tender in consideration of the stipulation on his/their part that after submitting his/their tender subject to the period being extended further if required by mutual agreement from time to time, he will not resile from his offer or modify the terms and conditions thereof in a manner not acceptable to the DRM(Works), Jabalpur of West Central Railway. Should the Tenderer fail to observe or comply with the foregoing stipulation, the amount deposited as Earnest Money for the due performance of the above stipulation shall be forfeited to the Railway. (c) If the tender is accepted, the amount of Earnest Money will be retained and adjusted as Security Deposit for the due and faithful fulfillment of the contract. This amount of Security Deposit shall be forfeited if the tenderer(s)/contractor(s) fail to execute the Agreement Bond within 7 days after receipt of notice issued by railway that such documents are ready or to commence the work within 15 days after receipt of the orders to that effect. (d) The Earnest Money of the unsuccessful tenderer(s) will, save as here-in-before provided, be returned to the unsuccessful tenderer(s) within a reasonable time but the Railway shall not be responsible for any loss or depreciation that may happen to the Security for the due performance of the stipulation to keep the offer open for the period specified in the tender documents or to the Earnest Money while in their possession nor be liable to pay interest thereon.

Contractor

7. Rights of the Railway to deal with tender.- The authority for the acceptance of the tender will rest with the Railway. It shall not be obligatory on the said authority to accept the lowest tender or any other tender and no tenderer(s) shall demand any explanation for the cause of rejection of his/their tender nor the Railway undertake to assign reasons for declining to consider or reject any particular tender or tenders. 8. If the tenderer(s) deliberately gives/give wrong information in his/their tender or creates/create circumstances for the acceptance of his/their tender, the Railway reserves the right to reject such tender at any stage. 9. If the tenderer(s) expires after the submission of his/their tender or after the acceptance of his/their tender, the railway shall deem such tender cancelled. If a partner of a firm expires after the submission of their tender or after the acceptance of their tender, the Railway shall deem such tender as cancelled, unless the firm retains its character. 10. Income Tax clearance certificate.- Deleted. 11. Tenderer's Credentials:-Documents testifying tenderer's previous experience and financial status should be produced alongwith the tender or when desired by competent authority of the West Central Railway. Tenderer(s) who has/have not carried out any work so far on this Railway and who is/are not borne on the approved list of the Contractors of West Central Railway should submit along with his/their tender credentials to establish :- (i) His capacity to carry out the works satisfactorily. (ii) His financial status supported by Bank reference and other documents. (iii) Certificates duly attested and testimonials regarding contracting experience for the type of job for which tender is invited with list of works carried out in the past. 12. Tender must be enclosed in a sealed cover, supercribed "Tender No. …(As per NIT)……….................. and must be deposited in the special box allotted for the purpose in the office of DRM(Works), West Central Railway, Jabalpur. This Special box will be sealed at 15.00 Hrs. on …………(As per NIT)…………... The tender will be opened at 15.15 hours on the same day. The tender papers will not be sold after 12.00 hours on.……… (As per NIT)……............. 13. Non-compliance with any of the conditions setforth there in above is liable to result in the tender being rejected. 14. Execution of Contract Documents.- The successful tenderer(s) shall be required to execute an agreement with the President of India acting through the DRM (Works), West Central Railway, Jabalpur for carrying out the work according to General conditions of Contract, Special conditions/specifications annexed to the tender and specifications for work and materials of Railway as amended/corrected up to latest correction slips mentioned in tender form (First Sheet). 15. Partnership deeds, Power of Attorney Etc.- The tenderer shall clearly specify whether the tender is submitted on his own or on behalf of a partnership concern. If the tender is submitted on behalf of a partnership concern, he should submit the certified copy of partnership deed alongwith the tender and authorisation to sign the tender documents on behalf of partnership firm. If these documents are not enclosed alongwith tender documents, the tender will be treated as having been submitted by individual signing the tender documents. The Railway will not be bound by any power of attorney granted by the tenderer or by changes in the composition of the firm made subsequent to the execution of the contract. It may, however recognise such power of attorney and changes after obtaining proper legal advice, the cost of which will be chargeable to the contractor. 16. The tenderer whether sole proprietor, a limited company or a partnership firm if they want to act through agent or individual partner(s) should submit alongwith the tender or at a later stage, a power of attorney duly stamped and authenticated by a Notary Public or by Magistrate in favour of the specific person whether he/they be partner(s) of the firm or any other person specifically authorising him/them to submit the tender, sign the agreement, receive money, witness measurements, sign measurement books, compromise, settle, relinquish any claim(s) preferred by the firm and sign "No Claim Certificate" and refer all or any disputes to arbitration. 17. Employment/Partnership, etc., of Retired Railway Employees.- (a) Should a tenderer be a retired engineer of the Gazetted rank or any other Gazetted officer Working before his retirement, whether in the executive or administrative capacity, or whether Holding a pensionable post or not, in the Engineering department of any of the railways owned and administered by the President of India for the time being, or should a tenderer being partnership firm have as one of its partners a retired engineer or retired Gazetted Officer as aforesaid, or should a tenderer being an incorporated company have any such retired engineer or retired officer as one of its Directors, or should a tenderer have in his employment any

Contractor

retired Engineer or retired Gazetted Officer as aforesaid, the full informations as to the date of retirement of such Engineer or Gazetted Officer from the said service and in case where such Engineer or Officer had not retired from Government service at least 1 year prior to the date of submission of the tender as to whether permission for taking such contract, or if the contractor be a partnership firm or an incorporated company to become a partner or Director as the case may be, or to take employment under the contractor, has been obtained by the tenderer or the Engineer or Officer, as the case may be from the President of India or any officer, duly authorised by him in this behalf, shall be clearly stated in writing at the time of submitting the tender. Tenders without the information above referred to or a statement to the effect that no such retired Engineer or retired Gazetted Officer is so associated with the tenderer, as the case may be, shall be rejected. (b) Should a tenderer or contractor being an individual on the list of approved Contractors, have a relative(s) or in the case of partnership firm or company of contractors one or more of his shareholder(s) or a relative(s) of the shareholder(s) employed in gazetted capacity in the Engineering department of the West Central Railway, the authority inviting tenderers shall be informed of the fact at the time of submission of tender, failing which the tender may be disqualified/rejected or if such fact subsequently comes to light, the contract may be rescinded in accordance with the provision in clause 62 of the General Conditions of Contract. ..................... (Signature).......................................... .......................................... (Designation) Signature of Tenderer(s) Date…………... West Central Railway

Contractor

ANNEXURE I (Contd )

TENDER FORM (THIRD SHEET) Name of work. ..................................................................................................................................................

SCHEDULE OF RATES AND QUANTITIES

SL Item No.

Description Of Item Of Work

Approximate Quantity

Unit

Rates In Figures And

Words

(Rs.)

Amount

(Rs.)

1 2 3 4 5 6 7

The quantities shown in above Schedule are approximate and are as a guide to give the tenderer(s) an idea of quantum of work involved. The Railway reserves the right to increase/ decrease and/or delete or include any of the quantities given above and no extra rate will be allowed on this account.

I/We undertake to do the work at _................_ % above/below the Schedule of Rates of the West Central Railway as applicable to Jabalpur Division or at the rates quoted above for each item.

Dated ______________

Signature of the Tenderer(s)

Note : Columns 1 to 5 shall be filled by the office of the Authority inviting tender. Columns 6 & 7 shall be filled by the Tenderer(s) only when percentage tenders are not invited.

Contractor

ANNEXURE II AGREEMENT FOR ZONE CONTRACT

CONTRACT AGREEMENT No.______________, DATED _____________. ARTICLES OF AGREEMENT made this ______________ day of ______________ between the President of India acting through the _________________, _____________ Railway hereinafter called the "Railway" of the other part and ___________________________ hereinafter called the "Contractor" of the other part.

WHEREAS the Contractor has agreed with the Railway during the period of _____ months from ______________ to _________________ for the performance of :

(a) New Works, additions and alterations to existing structures, special repair works and supply of building materials subject to the contract value for such works not exceeding Rs. _______.

(b) All ordinary repair and maintenance works at any site between kilometre __________ and kilometre _________ as will be set forth in the work orders (which work orders shall be deemed and taken to be part of this contract) that will be issued during the said period at _______% above/below the Schedule of Rates of the _____________ Railway, corrected up to the latest Correction Slips and Standard Specifications of the _____________ Railway corrected upto latest Correction Slips and the Special Conditions and Special Specifications, if any in conformity with the drawings (if any) that will be issued with the work order, aforesaid AND WHEREAS the performance of the said work is an act in which the public are interested.

NOW THIS INDENTURE PRESENTS WITNESSETH That in consideration of the payment to be made by the Railway, the Contractor will duly perform the works set forth in the said Work Order and shall execute the same with great promptness, care and accuracy, in a workman like manner to the satisfaction of the Railway and will complete the same on or before the respective dates specified therein in accordance with the said specifications and said drawings (if any) and said conditions of contract and will observe, fulfill and keep all the conditions therein mentioned, (which shall be deemed and taken to be part of this contract as if the same had been duly set forth herein), AND the Railway both here-by agree that if the Contractor shall duly perform the said work in the manner aforesaid and observe and keep the said terms and conditions, the Railway will pay or cause to be paid to the Contractor for the said works on the completion thereof the amount due in respect thereof at the rates specified above.

Contractor _______________ Designation ___________ Railway

Address _________________ (For President of India)

Date ________________

Witnesses (to signature of contractor) :

Signature of witnesses with address _______________________________________

Date __________ _______________________________________

_______________________________________

Signature of witnesses with address _______________________________________

Date __________ _______________________________________

_______________________________________

Contractor

ANNEXURE - III WORK ORDER UNDER ZONE CONTRACT

WORK ORDER NO._________, DATED ________ UNDER CONTRACT AGREEMENT NO.______ ___________________, DATED _________. Name Of Work _____________________________________ (S I T E) _____________________ Schedule Of Drawings ____________________________________________________________ Authority ____________________________ Allocation _________________________ The Contractor(s) ____________________________ is / are hereby ordered to carry out the following works at________% above/below the Schedule Of Rates of ________Railway corrected upto latest Correction Slips of ___________ Division under Zone Contract Agreement here-in-before referred to :

SL Item No.

Description Of Item Of Work Approximate

Quantity Unit

Rates In Figures And Words (Rs.)

Amount (Rs.)

1 2 3 4 5 6 7

Total Approximate Value Of Work = Rs. ____________ * This should be rate of Division concerned. The works herein mentioned are required to be completed on or before ________ (Date). The quantities provided herein are approximate and subject to variation under Clause 42 of the General Conditions of Contract corrected upto latest Correction Slips.

Divisional Railway Manager/Divisional __________ Engineer

_______________ Division __________________ Railway

Date ___________ for President OfIndia

I agree to complete the works herein set forth on or before the date specified under the Zone Contract Agreement herein before referred to in conformity with the drawings hereto annexed and in accordance with the General and Special (if any) Conditions of Contract corrected upto latest Correction Slips and the Standard Specifications of _________ Railway with up-to-date Correction Slips.

I also agree to maintain such works for the period specified below from the date of completion : (a) Repair and maintenance work including white/colour washing : three calendar months from date of completion. (b) All new works except earth work : Six calendar months from date of completion.

Contractor _______________ (Signature) Railway : Designation _____________

(For President of India) Address ___________________________ ___________________________

Date _____________ Date _____________ Signature of Witnesses (to Signature of contractor) with address

Contractor

ANNEXURE IV

WEST CENTRAL RAILWAY

CONTRACT AGREEMENT No.JBP/W/……………………… . . . . . . . . . . ….DATED....... ...... ....... ARTICLES OF AGREEMENT made this………. day of……………….. 20… ... between the President of India acting through the Railway Administration here in after called the "Railway" of the one part and Shri/ M/s.……………………………………………………… hereinafter called the "Contractor" of the other part. WHERE AS the Contractor has agreed with the Railway for the performance of the works………………... set forth in the schedule hereto annexed upon the General Conditions of contract July 2013 corrected up to latest Correction Slips and the specifications of .... Railway corrected up to the latest Correction Slips and schedule of Rates of the West Central Railway, corrected up to latest Correction Slip and the special conditions and special specifications, if any, and in conformity with the drawings here-into annexed AND WHEREAS the performance of the said works is an act in which the public are interested. NOW THIS INDENTURE WITNESSETH that in consideration of the payments to be made by the Railways, the Contractors will duly perform the said works in the schedule setforth and shall execute the same with great promptness, care and accuracy in a workman like manner to the satisfaction of the Railway and will complete the same accordance with the said specifications and said drawings and said conditions of contract on or before the ……….…. ..day of …………....20…...... and will maintain the said works for a period …… . . . . . . . .… … … . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . of Calendar months from the certified date of their completion and will observe, fulfill and keep all the conditions therein mentioned (which shall be deemed and taken to be part of this contract as if the same has been fully setforth herein), AND the Railway, both hereby agree that if the Contractor shall duly perform the said works in the manner aforesaid and observe and keep the said terms and conditions the Railway will pay or cause to be paid to the Contractor for the said works on the final completion there of the amount due in respect thereof at the rates specified in the Schedule hereto annexed. Contractor ........................ Designation ………………………….Rly.

(for President of Union of India)

Address ........................... Date ....…………………........................ Date .…............................ Signature of witnesses with address to Signature of contractor Witness .....………………..

Contractor

ANNEXURE-V

WORK ORDER FOR WORKS

(Valued at over Rs. 2,00,00)

WORK ORDER NO._________, DATED ________ UNDER CONTRACT AGREEMENT NO.______ ___________________, DATED _________.

Name Of Work _____________________________________ (S I T E) _____________________

Schedule Of Drawings ____________________________________________________________

Authority ____________________________ Allocation _________________________

Mr. / Messers ______________________________ Contractor/Contractors having agreed with the Railway is/are hereby ordered to carry out the Works set forth in the schedule below in accordance with the General Conditions of Contract corrected upto latest Correction Slips and the Standard Specifications of _________ Railway corrected upto latest Correction Slips, the Schedule of Rates, corrected upto latest Correction Slips and Special Conditions and Special Specifications, if any and inconformity with drawings annexed hereto at the rates specified in the said, Schedule and to complete the same on or before the ____ day of __________ 20___ and maintain the said works for the period of _____________ from the certified date of completion. The quantities set forth in the said schedule shall be considered approximate and subject to variation under Clause 42 of General Conditions of Contract.

Contractor

CONTRACTOR's AGREEMENT

I offer to do the work at the rates entered in the Schedule Of Rates on the reverse which I have signed, and I understand that no fixed quantity of work is given to me to do that in starting work. I am only given a place to work in or to deposit materials on and that I have no claim to more than one unit of work as entered in the Scheduled Rates. I agree that all works done and materials delivered shall be subject to the approval of the Engineer in Charge, who may reject and decline to pay for whatever may be, in his opinion, inferior or defective or either and I agree that the Standard Specifications corrected upto latest Correction Slips of _________ Railway in so far as they are not over-ruled by items of this agreement, shall be deemed part of this agreement.

I agree that no work under this work order shall be assigned or sublet without the previous written approval of the ___________ Engineer.

I agree that my work may be stopped at any time by the __________ Engineer on his giving me or my agent on the works seven days’ notice in writing and I agree that the measurement of my works shall be made by the Engineer at any time appointed by him in writing subsequent to the expiry of the said notice and measurement shall be made by him at the said time whether I am present or not and that on payment for work done and approved materials delivered-at site of work as ascertained by the said measurement, I shall have no further claim against the Railway and I agree that any dispute arisen on matters connected with this agreement, the same shall be referred to a person to be nominated in this behalf by the ______________ for the time being of the Railway, whose decision in writing shall be final and binding on both parties.

I agree that any claim I have to make shall be made in writing within seven days of date of measurement taken by the Engineer as aforesaid and that any claims in respect of such measurement made more than seven days after taking of such measurement shall be deemed to have waived by me.

I agree to indemnify the Railway against any claims which may be made under Workmen's Compensation Act, 1923.

Witness Contractor ______________________

Name ______________________ Name __________________________

Address ________________________ Address _________________________

Note - If the agreement is for a work for which a Special Act of the Legislature exists, e.g. the Indian Mines Act, the agreement shall include a clause indemnifying the Railway against all claims arising of provision of such Act.

I agree to pay the rates at __________________ % above/below Schedule of rates as applicable to ____________________ Division set forth in the schedule of rates herein for finished and approved work.

____________________ Engineer

____________________ Division

_____________________ Railway

For President Of India

Date ________________

I/We agree to complete the works herein set forth on or before the date specified herein and to maintain the same for a period of ______________ Calendar months from the certified date of their completion and in conformity with the document herein referred to, and all the condition therein mentioned shall be deemed and taken to be part of this contract as if the same had been fully set forth therein.

Signature of witnesses with addresses, to Signature of Contractor

Contractor : _______________________

Address : ________________________

________________________

Date : _________________

Contractor

ANNEXURE - VI WORK ORDER FOR WORKS

________________ Division WORK ORDER NO.___________ Original/Duplicate/Triplicate No. _________, Dated _________

I/We will carry out the following work according to the agreement at back.

SCHEDULE OF RATES

Particulars Rates (Rs.) Per Remarks

WITNESS : CONTRACTOR : Name _____________________ Name ____________________ Address ______________________ Address __________________ ______________________ __________________

I agree to pay the above mentioned rates for finished and approved work.

Dated _______________ Engineer __________________

………………….Engineer.

Contractor

SPECIAL CONDITIONS OF CONTRACT 1. GENERAL 1.1 These “Special conditions and Specifications, Instructions to Tenderers and the stipulations made in the Schedule of quantities and rates” shall govern the works executed under this contract in addition to the “Central Railway Specification of Materials and Works, General Conditions of Contract and West Central Railway Standard Schedule of Rates ” each, as amended by correction slips from time to time. 1.2 Where there is any conflict between these “Special Conditions and Specifications” and the “Schedule of quantities and rates” on one hand and the " Central Railway Specifications of Materials and works, General Conditions of Contract and the West Central Railway Standard Schedule of Rates ” on the other, the former shall prevail. 1.3 All references in this document to the word “Standard Specifications” shall mean the Specifications mentioned in the “Central Railway Specifications for Materials and Works”. 1.4 Any foot note/s appearing below the item/s of the contract schedule will take precedence over these special conditions 1.5 Any specification / conditions stated by the tenderer in the covering letter submitted alongwith his tender shall be deemed to be a part of the contract only to such extent has / have been explicitly accepted by the Railway. 1.6 The General Conditions of contract will mean the General Conditions of Contract as amended and / or corrected from time to time and obtaining at the time of accepting of the tender and at the time of execution of the agreement mentioned in clause 15 under Conditions of tender. It should be the responsibility of the Contractor before submitting his tender and again before entering into said agreement to ascertain all amendments and / or corrections made to the said General conditions of contract. 2. SECURITY DEPOSIT ON ACCEPTANCE OF TENDERS. 2.1 Security Deposit Unless otherwise specified in the special conditions if any the S.D./rate of recovery/mode of recovery shall be as per Rly.Board`s L.No. 2003/CE-I/CT/4/PT.I dated 12.5.2006 and 30.05.06:- The Security Deposit unless forfeited in whole or in part, according to the terms and conditions, will be refunded on receipt of a certificate from the Engineer concerned to the effect that the work has been satisfactorily completed and maintained in all respect for the period specified in the special conditions and specifications of contract and provisions under Clause 51 (3) of General Conditions of contract have been fulfilled and no defects have been noticed. No interest will accrue on the Security Deposit under any circumstances. 2.2. The Security Deposit will be recovered from bills as per Rly.Board`s L.No. 2003/CE-I/CT/ 4 / PT.I dated 12.5.2006 2.3 Earnest money in the form of Guarantee Bonds is not acceptable. 3. HIRE OF PLANT & MACHINERY AND OTHER FACILITIES. 3.1 The contractor shall make his own arrangements for all plant and machinery other facilities equipments, tools, including spare parts, fuel and consumable stores, and all labour required to ensure efficient methodical execution of the work. The rate quoted and accepted shall be deemed to be inclusive of all charges of such items. 3.2 On the contractor’s request the Railway may, however, give on hire plant and machinery / other facilities, equipment and tools, if available spare with the Railway, without any commitments on the part of the Railway to do so, in which case, the hire charges for plant and machinery will be calculated to cover interest ordinary repairs and maintenance charges at 5% special repairs and maintenance charges at 10% depreciation charges as per extant rules of the Railway, and an additional 10% on the total of these four above, on the cost of the Plant & Machinery, which will be the present day market value plus freight and other incidental charges increased by 12 ½% supervision charges.

Contractor

3.3 Hire charges for items other than plant and machinery, which do not require any form of repair and maintenance shall only take into account interest on capital, depreciation and an additional 10% on these two. 3.4 The hire charges per day shall be arrived at by dividing the annual hire charges by 250, which shall be assumed to be the number of working days in a year for this purpose only. These hire charges will be payable from the day the plant is handed over to the day it is returned to the Railway administration. If, however, during this period the plant remains out of order for reasons beyond the control of the contractor, or is withdrawn for periodic overhaul or any repairs, such periods shall not be counted for levy of hire charges. The contractor shall enter into a separate agreement in this respect and the terms and conditions as per the agreement will be final and binding on the contractor. 3.5 In the event of a plant or equipment or facility given on hire to the contractor not being returned to the railway administration in a reasonably goods working order / depreciation that it would have suffered for the period of hire, the Railway shall treat the plant / facility as on sale, as per extant orders of the Railway from the date it was initially given on hire, withdrawing the hire terms and charges. 3.6 If however, the plant and machinery / other facilities, equipments, and tools relinquished by the contractor are not available in Railway’s stock or the Railway decides not to supply the same for reasons whatsoever neither the Railway shall be bound to arrange for the supply thereof nor will Railway’s inability to supply them be accepted as an excuse for delay in the completion of the works/ or for any claims thereof. 4. SUPPLY OF MATERIALS BY RAILWAYS 4.1 Railway’s materials such as steel, MS Bars, coils, plates, tie bars angle iron R.S. Js. Channels rails etc. roofing material glazing or any other items as are stipulated in the agreement to be issued to the contractor for the work either free of charge or on payment as the case may be , will be issued to him at the Railway depot/goods shed at ……………………… ….and will have to be transported by the contractor to the site of work at his cost. All such materials will be used by the contractor for the work in such quantities as are indicated in the schedule or in relevant specifications or drawing or as approved by the Engineers whose, decision thereon shall be final. Wastage of or damage to such materials in any manner shall be totally avoided. If surplus material issued, if any, is not returned in good conditions immediately after completion of the work or if any quantity of material supplied by the Railway is consumed in excess or wasted or damaged or lost or not satisfactorily accounted for in that case recovery will be made from the contractor at twice the market rate or twice book rate at the time of last issue whichever is higher plus 5% freight and 2% incidental charges plus 12.1/2% supervision charges on the above cost arrived at for the quantity of material consumed in excess or wasted or damaged, lost or not satisfactorily accounted for. In case it is discovered that the quantity of steel or any other items issued by the railway as actually used in the work is less than the quantity/quantities specified to be used, the cost of steel and for other such items not so used shall also be recovered from the Contractors on the basis stipulated in sub-para above. . Action under this Clause will be without prejudice to the right of the Railway to take action against the Contractors/ under the conditions of the Contract for not doing/completing the work according to the prescribed Specifications and approved drawings. . Railway's materials will be issued on specific requisitions by the Contractor and as per requirement consistent with the progress of works and or progress of supply of fabricated materials to the Railway. If the Railway materials required to be issued to the Contactor for the works, are to be taken to the Contractors workshop outside Railway premises a guarantee bond for the amount to cover cost of Railway material should be furnished by the Contractor before such materials are issued to him. 4.2 All material left over as 'Surplus' or as 'Scraps' out of materials supplied by the railway should be returned to the Railway's Stores at ...............................................................................failing which the cost will be recovered, as per the provision of clause 4.1 of the special conditions of Contract. 5. USE OF RAILWAY MATERIALS SECURED WITH GOVERNMENT ASSISTANCE:- 5.1 The railway shall not supply from its own quota to the contractors controlled or imported commodities. Assistance will, however be given by recommending to appropriate authorities on contractor’s application for issue of Import licences and

Contractor

release of controlled commodities if the Engineer is satisfied that this materials is actually required by the contractors for carrying out the work and is not available in the country. 5.2 Where any raw materials for the execution of the contract are procured with the Assistance of Government either by issue from Government, stocks or purchases under arrangements made or permit (s) or licence (s) issued by the Government the Contractor shall hold the materials as trustee for the Government and use such materials economically and solely for the purpose of the contract against which they are issued and no disposal off them without permission of the Government and return, if required by the Government all surplus or unserviceable materials that may be left by him after completion of the contract or at its termination for any reason whatsoever on his being paid such prices as Government may fix with due regard to the condition of the materials. The freight charges for the return of the materials according to the direction of the purchaser shall be born by the contractor, in the event of contract being cancelled for any default on his pat. The decision of Government shall be final and conclusive. 5.3 In the event of a breach of the aforesaid conditions, the contractor shall in addition to throwing himself open to action for contravention of terms of the licence (s) or the permit (s) and / or original breach of trust be liable to account to Government for all moneys, advantage or profits resulting or which in the usual course would have resulted to him by reason of such breach. 6. SETTING OUT OF WORKS:- 6.1 The Railway will initially set out the centre line of the bridge and the alignment and fix the positions of the piers and abutments. The contractor shall thereafter set out the work and every part thereof fully. The contractor shall be responsible for maintaining the accuracy of the alignment, positions, levels and of the work in accordance with the drawings, directions or instructions given from time to time to him and every facility shall be given to the engineer for checking of the same. The contractor at his own cost shall rectify the error in the dimensions, alignments positions or levels of work set out or constructed by him to the satisfaction of the Engineer. 6.2 In the case of building or other structures the Engineer or his representative will set out the centre, longitudinal or the face line and atleast one main cross line. 6.3 The work shall be set out by the contractor to the satisfaction of the engineer but his approval there shall not, nor shall his joining with the contractor in setting out the work, relieve the contractor from his entire and sole responsibility therefore. 6.4 The contractor shall also provide, fix and be responsible for the maintenance of all stakes, templates profiles, levels marks, points etc. must take all necessary precautions to prevent these being removed, altered or disturbed and will be held responsible for the consequences of such removal, alterations or disturbances should the same take place and for their efficient reinstatement. 7. SUPPLY OF WATER AND ELECTRICITY:- 7.1 the contractor shall make his own arrangements for water supply. Wherever it is convenient to the Railway Administration, the water from piped supply may be made available to the contractor, provided the contractor shall arranged at his own expenses to effect the connection and lay addition pipes lines and accessories to the site of work and that the contractor shall not be entitled to any compensation for interruption or failure of the water supply. The contractor have to pay for such water supply or for supply from Railway well or tube wells at a rate of one percent on the amount of all items or work appearing in the bills payable to the contractor in respect of which work such water has been used by the contractor and such charges shall be deducted from sums due or payable by the railway to the contractor from time to time. Connections to labour camps will not be permitted. 7.2 The contractor shall make his own arrangements for the operation of mechanical equipments required for the execution of work and / or for the purpose of lighting for working during day / night time. Wherever, it is convenient to the Railway Administration, the electric supply may be made available to the contractor provided the contractor shall arrange at his own expense to effect the connections and lay additional wiring provide meter and other accessories on the site. Such work of lying wiring etc. shall be done under supervision of a qualified staff and a certificate shall be required to be submitted to the effect that the work of wiring has been done as per rules or the work shall have to be got done through Railway Organization and the charges for the same shall have to be borne by the contractor as per extent rules.

Contractor

7.3 The contractor shall not be entitled to any compensation for interruption or failure of the electric supply The contractor will have to pay for such electric supply from Railway at a rate agreed to between contractor and Railway Administration and such charges shall be deducted from the sums due or payable by the Railway to the contractor from time to time. 7.4 Water available locally in the wells cracks or nallahs may be blackish water at some locations. It should be noted that no sea or blackish water shall be used in the all classes of masonery reinforced and mass concrete work. In addition, water used for above work shall be free from earthy, vegetable or organic matter oils, acids and alkaline substances in solutions or in suspension and impurities and shall be fit for drinking. 8.2 SPECIAL CONDITIONS REGARDING PAYMENT OF ROYALTY CHARGES. 8.2.1. All taxes including royalty charges in connection with supply of rubble stone/Stone ballast/ sand have to be borne by the contractor. 8.2.2. No recovery of royalty charges from on account bills of contractor will be made by Railway administration. However it is the sole responsibility of contractor to obtain the royalty clearance certificate from the concerned revenue Authority/Collector and submit the same to Sr. DEN/DEN/ Dy. CE (C)/XEN at the time of 25% , 50%, 75% and 100% completion of contract. In case of failure in stage wise royalty clearance certificate, an amount equal to the amount of unpaid royalty charges as intimated by the Revenue Authority/Collector or as calculated on the basis of relevant rates for payment of royalty charges as applicable to the area, will be deducted from the contractor’s bill. 8.2.3 In case after completion of supply contract , the contractor fails to produce the royalty clearance certificate for royalty charges, final bill of the contractor will not be delayed on this account and final bill will be passed after retaining an amount equal to the amount of unpaid royalty charges as intimated by the Revenue Authority/Collector or as calculated on the basis of relevant rates for payment of royalty charges as applicable to the area. 8.2.4 Amount so retained by the Railway Administration, shall be released only after receipt of authentic final royalty clearance certificate from the concerned Revenue/Authority/Collector. No claim regarding interest charges for delay in payment of retained amount on royalty account shall be entertained. 8.2.5. The contractor will at his own expenses obtain such permits or parwana from whomsoever necessary for carrying out work or for any other purpose as may be necessary to enable him to perform his part of the contract. The President / Railway Administration will not under any circumstances be liable to obtain any permit or parwana whatsoever for the contractor. 8.2.6 The contractor will be required to obtain a final royalty clearance certificate from the concerned State Revenue Authorities / Collector and produce the same to Sr. DEN / DEN after completion of supply but before the release of final bill. If in any case the contractor fails to produce the clearance for royalty charges final bills will be passed after retaining an amount equal to the amount of unpaid royalty charges, intimated by the Revenue Authorities/ Collector or as calculated on the basis of relevant rates for payment of royalty charges applicable to the state. No claim regarding interest charges for delay in payment of the retained amount on royalty amount shall be entertained. 8.2.7 The retained amount will be released, at the discretion of the Administration or production of clear Bank Guarantee covering the amount so with held towards royalty charges. 9. LEGAL CHARGES A fee of Rs. 200/- per legal document like partnership deed or power of attorney executed before or after the execution of the contract, will be recovered from the contractor for obtaining legal Advice in the Law Office. 10. EMPLOYMENT OF STAFF The contract is liable for cancellation if either the contractor himself or any of his employee is found to be a person of Gazetted rank of Engineering Department which includes Civil, Mechanical, Electrical, Signal Telecommunication Departments of Railways whether pensionable or non pensionable who after retirement has sought engagement as contractor for or in connection with the execution of public works whether on Railway PWD or Defence Forces or as an employee of such contractor within 2 years of his retirement without obtaining the permission of the President of India before taking up such engagement or employment. 11. Provision of efficient and competent staff at work sites :- Modification of Clause 26 and introduction of New Clause 26 A to IR`s General Conditions of Contract (G.C.C.) on the subjects of “ Provision of efficient and competent

Contractor

staff at work sites by the contractor & “Deployment of qualified Engineer at work sites by the Contractor ” (Railway Bd`s L.No. 2012/CE-I/CT/0/20 dated 10.05.13) :- The Contractor shall employ the following Qualified Engineers during execution of alloted works :- (a) One Qualified graduate engineer when cost of the work to be executed is Rs.200 lakhs and above, and (b) One Qualified Diploma Holder Engineer when cost of work to be executed is more than Rs.25 lakhs , but less than Rs. 200 lakhs . Further , in case the contractor fails to employ the Qualified Engineer , as aforesaid, he , in terms of provisions of Clause 26A.2 to the General Conditions of Contract , shall be liable to pay an amount of Rs.40,000/- and Rs.25000/- for each month or part thereof for the default period for the provisions, as contained in Para (a) & (b) above respectively. The tenderers are required to read the GCC modified clause 26 & new clause 26 A . 12. VARIATION IN QUANTITY GCC Clause 41. Modification To Contract To Be In Writing : In the event of any of the provisions of the contract requiring to be modified after the contract documents have been signed, the modifications shall be made in writing and signed by the Railway and the Contractor and no work shall proceed under such modifications until this has been done. Any verbal or written arrangement abandoning, modifying, extending, reducing or supplementing the contract or any of the terms thereof shall be deemed conditional and shall not be binding on the Railway unless and until the same is incorporated in a formal instrument and signed by the Railway and the Contractor, and till then the Railway shall have the right to repudiate such arrangements.

GCC Clause 42 (1) Powers of Modification To Contract : The Engineer on behalf of the Railway shall be entitled by order in writing to enlarge or extend, diminish or reduce the works or make any alterations in their design, character position, site, quantities, dimensions or in the method of their execution or in the combination and use of materials for the execution thereof or to order any additional work to be done or any works not to be done and the contractor will not be entitled, to any compensation for any increase/reduction in the quantities of work but will be paid only for the actual amount of work done and for approved materials supplied against a specific order.

GCC Clause 42.(2)(i) Unless otherwise specified in the special conditions of the contract, the accepted variation in quantity of each individual item of the contract would be upto 25% of the quantity originally contracted, except in case of foundation work. The contractor shall be bound to carry out the work at the agreed rates and shall not be entitled to any claim or any compensation whatsoever upto the limit of 25% variation in quantity of individual item of works.

(ii) In case of earthwork, the variation limit of 25% shall apply to the gross quantity of earth work and variation in the quantities of individual classifications of soil shall not be subject to this limit.

(iii) 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.

GCC Clause 42.(3) Valuation Of Variations : The enlargements, extensions, diminution, reduction, alterations or additions referred to in Sub-Clause (2) of this Clause shall in no degree affect the validity of the contract; but shall be performed by the Contractor as provided therein and be subject to the same conditions, stipulations and obligations as if they had been originally and expressively included and provided for in the Specifications and Drawings and the amounts to be paid therefor shall be calculated in accordance with the accepted Schedule of Rates. Any extra items/quantities of work falling outside the purview of the provisions of Sub-Clause (2) above shall be paid for at the rates determined under Clause-39 of these Conditions.

GCC Clause 42.(4) Variations In Quantities During Execution Of Works Contracts : The procedure detailed below shall be adopted for dealing with variations in quantities during execution of works contracts:

1. Individual NS items in contracts shall be operated with variation of plus or minus 25% and payment would be made as per the agreement rate. For this, no finance concurrence would be required.

2. In case an increase in quantity of an individual item by more than 25% of the agreement quantity is considered unavoidable, the same shall be got executed by floating a fresh tender. If floating a fresh tender for operating that item is considered not practicable, quantity of that item may be operated in excess of 125% of the agreement quantity subject to the following conditions:

(a) Operation of an item by more than 125% of the agreement quantity needs the approval of an officer of the rank not less than S.A. Grade;

(i) Quantities operated in excess of 125% but upto 140% of the agreement quantity of the concerned item, shall be paid at 98% of the rate awarded for that item in that particular tender;

(ii) Quantities operated in excess of 140% but upto 150% of the agreement quantity of the concerned item shall be paid at 96% of the rate awarded for that item in that particular tender;

Contractor

(iii) Variation in quantities of individual items beyond 150% will be prohibited and would be permitted only in exceptional unavoidable circumstances with the concurrence of associate finance and shall be paid at 96% of the rate awarded for that item in that particular tender.

(b) The variation in quantities as per the above formula will apply only to the Individual items of the contract and not on the overall contract value.

(c) Execution of quantities beyond 150% of the overall agreemental value should not be permitted and, if found necessary, should be only through fresh tenders or by negotiating with existing contractor, with prior personal concurrence of FA&CAO / FA&CAO(C) and approval of General Manager.

3. In cases where decrease is involved during execution of contract:

(a) The contract signing authority can decrease the items upto 25% of individual item without finance concurrence.

(b) For decrease beyond 25% for individual items or 25% of contract agreement value, the approval of an officer not less than rank of S.A. Grade may be taken, after obtaining 'No Claim Certificate' from the contractor and with finance concurrence, giving detailed reasons for each such decrease in the quantities.

(c) It should be certified that the work proposed to be reduced will not be required in the same work.

4. The limit for varying quantities for minor value items shall be 100% (as against 25% prescribed for other items). A minor value item for this purpose is defined as an item whose original agreement value is less than 1 % of the total original agreement value.

5. No such quantity variation limit shall apply for foundation items.

6. As far as SOR items are concerned, the limit of 25% would apply to the value of SOR schedule as a whole and not on individual SOR items. However, in case of NS items, the limit of 25% would apply on the individual items irrespective of the manner of quoting the rate (single percentage rate or individual item rate).

7. For the tenders accepted at Zonal Railways level, variations in the quantities will be approved by the authority in whose powers revised value of the agreement lies.

8. For tenders accepted by General Manager, variations upto 125% of the original agreement value may be accepted by General Manager.

9. For tenders accepted by Board Members and Railway Ministers, variations upto 110% of the original agreement value may be accepted by General Manager.

10. The aspect of vitiation of tender with respect to variation in quantities should be checked and avoided. In case of vitiation of the tender (both for increase as well as decrease of value of contract agreement), sanction of the competent authority as per single tender should be obtained.

{Authority : (1) Item-9 to Railway Board's letter no. 2007/CE-IICT/18, Dated 28.09.07 and

(2) Item-2 to Railway Board’s letter no. 2007/CE.IICT/18/Pt.XII, Dated 31.12.10}

13.STORAGE OF INFLAMMABLE ARTICLES. No inflammable materials, such as petroleum oil, etc. within the meaning of the Indian Petroleum Act and Indian Explosives Act shall be stored at site or adjacent land until the approval of the Railway and necessary licence under the Act has been obtained by the Contractor. All due precautions as required under the Act shall be taken by the contractor. 14. ANTI-LARVAL WORKS. The contractor/s shall at his / their cost carry out all anti-larval works as per the Bye- laws of the local authorities concerned or as may be directly by the engineer during the execution of the work under this contracts. If the contractor fails to carry out such work the railway may carry out the same and recover the cost, the fare from the contractor/s in the same way as other Railway amount are recoverable. 15. SERVICE ROAD APPROACHES. The rates for all items of the schedule shall be inclusive of all arrangements for crossing an obstruction to be crossed in the course of the work over land or across water and the cost of providing and maintenance of approach / and / or service roads that may be necessary for bringing and removing the plants , machinery and material to and from the site of work including rent for use and / or compensation for damage if any to intervening private land traversed by such approach / service roads, and including cost of acquisition of land, if required for the purpose. The contractor will be permitted to make use of available service roads of the railway free of cost. Railway reserves the right to make use of the contractors service road without paying any charges to him.

Contractor

16. The tenderer should note that the rates quoted shall embrace all operations necessary for the satisfactory completion of the work to finish and shall include all charged for handling, transport, lead, lift, labour, housing, sanitation, water supply materials fuel, tools, and plants electric power, workshop facilities, machinery security , lighting etc. and all other expenses of every kinds. 17. SAFE WORKING METHODS The contractors shall at all times, adopt such safe methods of working as will ensure safety of structures equipment and labour. Safety rules that should be adhered to are given as guidelines in Appendix ‘A’. If at any time, the Railway finds the safety arrangements inadequate or unsafe, the contractor shall take immediate corrective action as directed by the Rly’s representative at site. Any directions in the matter shall in no way absolve the contractor of his sole responsibility to adopt safe working methods. The contractor is responsible for providing skilled personnel and adequate expert supervision so as to ensure complete safety. 18. NIGHT WORK The provision in clause 23 of General conditions of contract should be noted regarding execution of work between sunset and sunrise. If the railway, is however, satisfied that the work is not likely to be completed in time except by resorting to night work, by special order, the contractor would be required to carry out the work even at night, without conferring any right on the contractor for claiming for extra payment for introducing night working. The decision of the engineer in this regard will be final and binding on the contractor. 19. NOTICE TO PUBLIC BODIES The contractor shall give to the Municipality, Police and other authorities all notices that may be required by the law and obtain all requisite licences for temporary obstruction. Enclosures and pay all fees, taxes, and charges which may be leviable on account of his own operation in executing the contract. He should make good any damage to adjoining premises whether public or private and provide and maintain any light etc. required in night. 20. FIGURES, DIMENSIONS Figures and dimensions on drawings shall supercede measurements by scale, and drawings to a large scale shall take precedence over those to a smaller scale. 21. PLEA OF CUSTOM the plea of “Custom” prevailing will not on any account be permitted as an excuse for infringement or any of the conditions of contact or specifications. 22. CARE OF STAFF No quarters will be provided by the railway for accommodation of the contractor or any of his staff employed on the work. The contractor may be allowed to erect any labour camps for housing the labour at or near the site work on available railway land. The contractor shall at his own cost make all necessary and adequate arrangements for the importation, feeding and preservation of the hygiene of his staff. The contractor shall permit inspection at all times, of all sanitary arrangements made by him by the engineer or his assistant or the medical staff of the Railway. If the contractor fails to make adequate medical and sanitary arrangements these will be provided by the railway and the cost thereof, will be recovered from the contractor. 23. FIRST AID The contractor shall maintain in a readily accessible place first aid appliance including an adequate supply of sterilized dressing and sterilized cotton wool. The appliances shall be placed under the charge of responsible person who shall be readily available during working hours. 24. DAMAGE ACCIDENTS OR FLOODS OR TIDES The contractor shall take all precautions against damages from accidents, floods or tides. No compensation will be allowed to the contractor for his tools, plants, materials, machines and other equipment lost or damaged by any cause whatsoever. The contractor shall be liable to make good the damages to any structure or part of a structure, plant or material of every description belonging to the Railway administration, lost or damaged by any cause during the course of contractor’s work. The Railway Administration will not be liable to pay to the contractor any charges for rectification or repairs to any damage which may have occurred from any cause whatsoever, to any part of the new structures during construction. No claims in this regard will be arbitrable.

Contractor

25. TRESPASS The contractor shall at all times be responsible for any damages or trespass committed by his agents and workmen in carrying out the work, unless such trespass is authorized by the Engineer. 26. Code Nos. description and rates given in the schedule are based on the Standards schedule of Rates 2007. Any discrepancies noticed at any time during the execution currency of the work in wording, rates quantity of cement etc. should be rectified by reference to the printed schedule which shall be treated as authoritative and binding on the contractor. The notes appearing at the beginning of each of the relevant chapters of the West Central Railway’s Standard schedule of Rates except as modified by these special conditions will be applicable to this contract, both for standard schedule and non scheduled items. 27. The following additional cause No. 55-A to the General conditions of contract will be applicable:- “55- (1) The contractor shall comply with the provisions of the contract labour (Regulation and Abolition) Act 1970 and the contract Labour (Regulation and Abolition) Central Rules 1971 as modified from time to time, wherever applicable and shall also indemnify the Railway from and against any claim under the aforesaid Act and the Rules. (2) The contractor shall obtain valid licence under the aforesaid Act as modified from time to time before the commencement of the work and continue to have a valid licence until the completion of the work. Any failure to fulfill this requirement shall attract the panel provisions of the contract arising out of the resultant non-execution of the work. (3) The contractor shall pay to labour employed by him directly or through subcontractors the wages as per provisions of the aforesaid Act and the Rules wherever applicable. The contractors shall not withstanding the provisions of the contract to the contrary, cause to be paid the wages to labour indirectly engaged on the work including any engaged by his sub-contractors in connection with the said work, as if the labour had been immediately employed by him. (4) In respect of all labour directly or indirectly employed in the work for performance of the contractor’s part of the contract, the contractor shall comply with or cause to be complied with the provisions of the aforesaid Act and the Rules wherever applicable. (5) In every case in which by virtue of the provisions of the aforesaid Act or the Rules, the Railway is obliged to pay any amount of wages to a workman employed by the contractor or his sub-contractor in execution of the work or to incur any expenditure in providing welfare and health amenities required to be provided under the aforesaid Act and the Rules or to incur any expenditure on account of the contingency liability of the Railway due to the contractor’s failure to fulfill his statutory obligations under the aforesaid Act or the Rules, the Railway will recover from the contractor and the amount of wages so paid or the amount of expenditure so incurred and without prejudice to the rights of the Railway under section 20 sub section (2) and section 21 sub section (4) of aforesaid Act, the Railway shall be at liberty to recover such amount or part thereof by deducting it from the security deposit and / or from any sum due by the Railway to the contractor whether under the contract or otherwise. The Railway shall not be bound to contest any claim made against against it under subsection (1) of section 20 and sub section (4) of section 21 of the aforesaid Act except on the written request of the contractor and upon his giving to the Railway full security for all cost for which the railway might become liable in contesting such claim. The decision of the Railway regarding the amount actually recoverable from the contractor as stated above shall be final and binding on the contractor”. 27-A. If the Contractors is a co-operative labour contract, Society / Vendor Cooperative Society, there shall be no element of contractor or ex-contractors in that Society in any capacity not shall there be any close relative of the Contractor or ex-contractor associating with the Society as an office bearer. The Railway administration reserve the right to terminate the contract of the Society at any time without any reason after giving notice of calender month, in case of breach of the above clause. 28 BLASTING 28.1 In the procurement, transport, storage issue and use of explosives the contractor shall abide by the specification and provisions incorporated in the IS Specification No. 4081 – 1967 and IS Specification No. 4756 – 1968 as amended from time to time. He shall also abide by all the rules and regulations provided In the Indian Explosives Act 1984 amended from time to time and such other acts and rules as may be enacted laid from time to time by the Government for such works.

Contractor

28.1.2 Prior to carrying out any blasting the contractor shall obtain the concurrence of the engineers and shall be at all times bound to carry out his instructions regarding provision of blanketing the type number size and placing and firing of charges. Where the blasting is to be carried out closed to running line, the engineer may restrict the sixes and number of shots to be fired at a time so that adjoining tracks and works are not adversely affected and so that the rock beyond the desired profile of the cutting etc. is not cracked or disturbed. Blasting in close proximity to track structures and power lines will be carried out only under traffic power blocks. For works near telephone or telegraph wires, the contractor must advise the engineer in good time, so that he can satisfy himself that safe working methods are being adopted. The contractor will only fire charges at the time notified to him by the engineer and will observe all precautions considered necessary as ordered by the engineer. The contractor will have no claim for damages or loss due to any delay established or claimed to have occurred to the progress of many part of the work as a result of obeying such instructions of the engineer or taking such safety precautions as to the engineer may order to be taken from time to time. 28.1.3. The traffic and power blocks required for carrying out the blasting will be settled in advance and the contractor will be advised of the availability of blocks atleast 6 hours in advance. If however, the block could not be made available due to any reason whatsoever, the contractor will have no claim for any loss. 29. Period of completion – The railway expects that a resourceful and experienced contractor should be able to complete the work in all respects within ..(As per NIT)… month after contract is awarded. Each contractor must, however fill in the appropriate place on page 1 of the Tender Document, the period within which he undertake to complete the work. 30. Maintenance period – The work shall be maintained after completion for a period of ..(As per NIT) . . . . . . . . . . .… months by the contractor and he shall make good any defects imperfection shrinkages or faults which may appear at his own cost.

APPENDIX ‘A’ SAFETY RULES

1. Suitable scaffolds should be provided for workmen for all works that cannot safely be done from the ground or from solid construction except such short period work as can be done safely from ladders. When a ladder is used an extra labourer shall be engaged for holding the ladder and if the ladder is used for carrying materials as will, suitable foot-holds and hand holds shall be provided on the ladder and the ladder shall be given an inclination not steeper than ¼ to (1/4 horizontal to one vertical). 2. Scaffolding or staging more than 3.5 metres above the ground or floor swung or suspended from an overhead support or erected with stationary support shall have a guard rail properly attached bolted, braced and otherwise secured at least 1 meter high above the floor or platform of such scaffolding or staging and extending along the entire length there of with only such opening as may be necessary for the delivery of materials. Such scaffolding or staging shall be so fastened as to prevent it from swaging from the building or structure. 3. Working platform, gangway and stairways should be so constructed that they should not sag unduly or unequally and where the height of the platform or the gangway or the stairway is more than 3.5 meters above ground level or floor level they should be closely boarded should have adequate width and should be suitably fastened as described in the para above. 4. Safe means of access shall be provided to all working platforms and other working places. Every ladder shall be securely fixed. No portable single ladder shall be over 10 metres in length while the width between side rails in swung ladder shall in no case be less than 300mm for ladder upto and including 3.5 metres in length. For longer ladders this width should be increased by at least 20 mm. For each additional metre of length. Uniform steps spacing shall not exceed 300mm ./ Adequate precautions shall be taken to prevent danger from electrical equipment. No materials on any of the sides of work shall be so stacked or placed as to cause danger for inconvenience to any persons or the public. The contractor shall provide all necessary fencing and light to protect the public from accident, and shall be bound to bear the expenses of defence of every suit, action or other proceedings at law that may brought by any persons for injury sustained owing to neglect of the above precautions and to pay any damages and cost which may be awarded in any such suit action or proceedings to any such persons or which may with the consent of the contractor be paid to compromise any claim by any such person.

Contractor

5. Demolition before any demolition work is commenced and also during the process of the work:- (a) All roads and open areas adjacent to the work site shall either be closed or suitable protected. (b) No electric cable or apparatus which is liable to be a source of danger over a cable or apparatus used by the operator shall remain electrically charged. (c) All practical steps shall be taken to prevent danger to persons employed from risk of fire or explosion of flooding. No floor, roof or other part of the building shall be so overloaded with debris or materials as to render it unsafe. 6. All necessary personal safety equipment as considered adequate by the Engineer in charge should be kept available for the use of the persons employed on the site and maintained in a condition suitable for immediate use and the contractor should take adequate steps to ensure proper use of equipment by these concerned. (a) Workers employed on mixing asphaltic materials, cement and live mortar shall be provided with protective goggles. (b) Those engaged in white washing and mixing or attaching of cement bags or any materials which is injurious to the eyes shall be provided with protective goggles. (c) Those engaged in welding works shall be provided with welder’s protective eye sight lids. (d) Stone breakers shall be provided with protective goggles and protective clothing and seated at sufficiently safe intervals. 6.a) In case the contractors have to ply vehicles for the purpose connected with the contract adjacent to Railway track the Railway Administration will be at liberty to post an experienced staff as flagman for guidance of the movements such vehicles so as to prevent accidents and the contractor will bear wages including all etc. of the staff posted as flagman for the period of Contract for such periods during which such staff is posted for the purposes. The Rly Administration will be sole judge in the absolute discretion, of the fact that it is necessary to post any staff, that which of the staff will be suitable for the purpose, that what should be the wages and other allowance payable by the contractor for staff posted for purpose. The Rly Administration will have a right without prejudice to other remedies to deduct the wages etc. of such staff from the bills of the contractor in respect of this contractor from any moneys or the contractor whatsoever available with the Railway Administration. The contractor will be liable for any over payments under Workman Compensation Act on account of any injury sustained to Railway servant during that period. 7. When the work is done near any place where there is risk of drowning, all necessary equipment should be provided and kept ready for use and all necessary steps taken for prompt rescue of any persons in danger and adequate provision should be made for prompt first aid treatment of all injuries likely to be sustained during the course of the work. 8. Use of hoisting machines and tackle including their attachment anchorage and supports shall conform the following standards or conditions. (a) (i) These shall be of good mechanical construction, sound materials and adequate strength and free from patent defect and shall be kept in good repair and in good working order. (ii) Every rope used in hoisting or lowering materials or as a means of suspension shall be of durable quality and adequate strength and free from patent defects. (b) Every Crane driver or hoisting appliances operator shall be properly qualified an no person under the age of 21 years shall be incharge of any hoisting machine including any scaffolding. ( c) In case of every hoisting machine and of every cabin ring, shackle, swivel and pulley block used in hoisting or as means of suspension safe working load shall be ascertained by adequate means. Every hoisting machine and all gear referred to above shall be plainly marked with in the safe working load. In case of hoisting machine having a variable safe working load, each safe working load of the conditions under which it is applicable shall be clearly indicated. No part of any machinery or any gear referred to above in this paragraph shall be loaded beyond the safe working load except for the purpose of testing. (d) In case of departmental machine the safe working load shall be notified by the Electrical Engineer in charge. As regards contractor’s machines, the contractor shall notify safe working load of the machine to the Engineer in charge whenever he brings any machinery to site of work, get it verified by the Electrical Engineer concerned.

Contractor

9. Motors, gearing transmission electric wiring and of the dangerous part of hoisting appliances should be provided with efficient safe guards, hoisting appliances should be provided with such means will as reduce to the minimum the risk of accidental descent of the load, adequate precautions should be taken to reduce to the minimum the risk of any part of a suspended load becoming accidentally displaced. When workers are employed on electrical installations which are already energised insulating mats, wearing apparel, such as gloves, sleeves and both as may be necessary should be provided. The workers should not wear any rings, watches and carry keys or other materials which are goods conductors of electricity. 10. All scaffolds, ladders and other safety devices mentioned or described herein shall be maintained in safe condition and no scaffold ladder or equipment shall be altered or removed while it is in use. Adequate washing facilities should be provided at or near places of work. 11. These safety provisions should be brought to the notice of all concerned display on a notice board at a prominent place at the work spot. The persons responsible for compliance of the safety code shall be named herein by the contractor. 12. To ensure effective endorsement of the Rules and Regulations relating to safety precautions, the arrangements made by the contractor shall be opened to inspection by Labour Officer / Engineer in charge of the department or their representative. 13. Notwithstanding the above clause from(1) to (12) there is nothing in these except the contract or the operation of the any other act of rules in force in the Republic of India. Special Conditions:- 14. Payment of royalty charges: (see special conditions No. 8.2 ) 15. Price reference for public sector undertakings: 15.1 In case, the overall value of the tender of a public sector undertaking of the State or Central Govt. is upto 10% higher than the lowest tenderer of private the tenderer, the Rly reserve the right to give preference to the tender of such public sector undertaking ignoring the lower of tenderers”. 15.2 Construction of work – If cement will be supplied by the Rly the cost of the same will be covered from the contractors bill. Any condition violating the above provision of regarding supply of cement, the offer will be considered as invalid. 16. Bridge work only Note:- The quantity of items given in the schedule are approximate and are variable. Contractor have no claim due to variation / deletion of the item. I/ The contractor has to supply sufficient labour to carry out the work rounded the clock. Ii/ Contractor has to make own arrangement by way of lighting, generating etc. for working in three shifts. 17. Arbitration :Arbitration clause 63 and 64 have been revised. Arbitration will be governed as per the provision made in Rly Boards letter No. 96/CE-1/CI./29 dt. 6.8.97.

Contractor

18. Quarters / Building / Leaky roof works: The contents of the existing note (1) (a) of Chapter no. 106 of SSR 1990 have been substituted as under:- “Contractor shall carry out at his own expenses, the test for water tightness of roofs / floors as directed by Engineers twenty percent of the cost of roofs / floors shall be retained from the contractor’s bills as security which shall be paid only after the water tightness test is conducted and the same is found to be satisfactory.” (CE CSTM’s letter No. W.187.R.2002.Genl.V dtd. 30.8.99) 19. Disaster Management : “Tenderers should note that their vehicles and equipments can be drafted by the Railway Administration in case of accidents / natural calamities involving human lives”(CTE JBP’s L.N.WCR.JBP/W/HQtrs/Disaster Mgt. Dt. August 19, 2004) (Ref..JBP.W.T-14/146) 20. Indian Railways permanent way manual 1986 - (Edition) Advance correction slip No. 95 Dated 30.06.04 The existing para 826 (i) of Indian Railways Permanent Way Manual may be modified to read as under :- 826 (i) - The contractor shall not start any work without the presence of railway supervisor or his representative and contractors supervisor at site. A new para 826 (vii) may be added to Indian Railway Permanent Way Manual as under: - 826 (vii) - The Engineer in-charge shall approve the methodology proposed to be adopted by the contractor, with a view to ensure safety of trains, passengers and workers and he shall also ensure that the methods and arrangements are actually available at site before start of the work and the contractor's supervisors and the workers have clearly understood the safety aspects and requirements to be adopted/followed while executing the work. There shall be assurance register kept at each site, which will have to be signed by both, i.e. Railway Supervisor or his representative as well as the contractor's supervisor as a token of their having understood the safety precautions to be observed at site. 21. Special conditions of contract for plying the contractors vehicle in Railway land next to the running yards. The contractor shall not allow any road vehicle belonging to his or his suppliers etc. to ply in Railway land next to the running line. If for execution of certain work viz. earthwork for perallel Railway line and supply of ballast for necessary to be used in Railway land next to the Railway line, the contractor shall apply to the Engineer – in-charge for permission giving the type and no an individual vehicle's names and licence particulars of the drivers, location duration and timings for such work / movement. The Engineer in-charge or his authorized representative will personally counsel, examines and certify the road vehicle drivers. Contractor’s flagman and supervisor and will give written permission giving names of road vehicles drivers, contractors flagman and supervisor, to be deployed on the work. This permission will be subject to the following obligatory conditions. i. “Road vehicles can ply along the track after suitable guarding of track with minimum distance of 6 Mtrs. From the Centre of the nearest track. For plying of road vehicles during night hours, adequate measure to be communicated / by contractor’s representative and controlling Engineer / Supervisor in charge of the work including officers and the in-charge of the section”. ii. Nominated vehicle and drivers will be utilized for work in the presence of atleast one flagman and upto minimum 3.5 M shall be done only in the presence of Railway employee authorized by the Engineer –in-charge. No part of the road vehicle will be allowed less than 3.5 M from track center, cost of such Railway employee shall be borne by the Railway. iii. The contractor shall remain fully responsible for ensuring safety and in case of any accident, shall bear cost of all damages to this equipment and man and also damages to Railway and its passengers. iv. Engineer-in-charge may impose any other condition necessary for a particular work or site.

Contractor

22. Service Tax (Ref.: An extract of Superintendent (SIV) Central Excise JBP's L.No. CEX/SIV/Misc./JBP/2004 Dated 04-08-04 conveyed by Sr. DFM JBP's L.No. Ac/Fx/JBP/Tender Instr. Dated 08-09-04.) Service tax has been imposed on many services and is to be paid by the service providers. The service provider has to got himself duly registered for payment of service tax with the Central Excise department. Some of the services are as under :- 1. Advertising service. 2. Authorized Railway Travel Agent. 3. Commissioning or installation services. 4. Scientific and technical consultancy. 5. Rent-a-cab (Private vehicle under contract) services. 6. Technical Inspection Service. 7. Maintenance & Repair Services. 23. Special Condition Regarding cement and steel to be provided by the contractor. 1. Cement and steel for use in the work should be procured by the contractor from the main producers/their authorised dealers/authorised stock yards should conform to latest IS Specifications. I. CRS, TMT-415 or 500 STEEL BAR CONFORMING TO IS 1786-1985. 2. Cement bags preferably in paper bags to packing should bear the following information in legible markings :- i) Manufactures's name. ii) Registered trade mark of manufactures, if any. iii) Weight of each bag in Kgs or no. of bags/tonne. iv) Date of manufacture, generally marked as week of the year/year of manufacture e.g. 30/93 which means 30th week of 1993. v) Type of Cement. 3. To ensure quality control, test certificate from the manufacturer should be produced by the contractors which should conform to the relevant latest specifications. 4. Railways may also take samples during the course of work and get the cement and steel tested to ascertain their conformity to specifications. 5. The Sampling should be as per IS Specifications. 6. Tests on the samples will be carried out in the field should be as given below. 6.1 Tests on cement to be as per IS 4031, same of the tests which may be carried out are :- i) Comprassive strength. ii) Initial and final setting time. iii) Consistency. iv) Soundness. 6.2. Test on steel samples will be carried out as per IS Specifications. Note :- Test Certificates for cement and steel shall be produced by the contractor. (Senior Divisional Engineer (Co-rd)'s Office Note No. JBP/W/RATE/T.14 DATED 18.10.2004) 7.1 ''All the material required for execution of the work shall be from reputed manufactures/brands conforming to standard Railway specification/IS specifications and duly approved by engineering incharge or his representative . Offer of any other quality shall be summarizely refected '' 7.2 . Debris :- All debris from the work site will be disposed by the contractor at his own cost.

Contractor

8. Minimum eligibility Criteria - “Only those firms, which in their individual capacity, satisfy the following criteria need to quote for this tender”. The Minimum Eligibility Criteria for open tender above ` 50 lakhs is as under:- Only those firms, which in their individual capacity, fulfilling the following criteria, need to quote for this tender. 1. Should have completed At least one similar single in the last three financial work for a minimum value of 35% of years (i.e. current year and advertised tender value of work. three previous financial years). 2. Total contract amount received Should be a minimum of 150% during the last three financial years of advertised tender value of and in the current financial year. Work. Note:- 1. The contractor / firm should submit either:- a) Certificate from the government employer. OR b) Audited balance sheet of the company duly certified by a chartered account, or c) A copy of the return filed with I.T. Department duly certified by C.A. in support of his claim. 2. Apart from the above information the following documents must be submitted along with the tender:- a) List of personnel, organization available on hand and proposed to be engaged for the subject work. b) List of plant and machinery available on hand (own) and proposed to be inducted (own ) and proposed to be inducted (own and hired to be given separately) for the subject work. c) List of works completed in the last three financial years giving description of work, organization for whom executed, approximate value of contract at the time of award, date of award and date of scheduled completion of work. Date of actual start, actual completion and final value of contact should also be given. d) List of works on hand indicating description of work, contract value, approximate value of balance work yet to be done and date of award. Note:- 1) In case of items (c ) and (d) above, supportive documents / certificates from the Organizations with whom they worked / are working should be enclosed. 2) Certificates from private individuals for whom such works are executed / being executed shall not be accepted. Tender documents are also available on our website . In case if tender document is down loaded from website, it must accompany with cost of tender form as mentioned in table. Without cost of tender, the offer shall not be considered. The tenderer , who down load the tender documents from website, will be responsible for checking the corrigendum , if any issued by the Rly. , on the website from time to time and submit the tender accordingly.

INSTRUCTIONS TO TENDERERS

1. Tender documents should be submitted intact without detaching or defacing any pages. 2. Period of Completion of the work is as mentioned in the tender notice. 3. Offer of tenderer shall remain valid for a period of 120 days from the date of opening.

Contractor

4. Tender with any special condition may be Rejected 5. Address provided at Annexure - I shall be considered as official correspondence address of tenderer. Non-delivery of communication due to defective address shall be responsibility of tenderer. 6. Subletting and Assignment: - The Contractor shall not, save with the previous consent in writing of the Railway Administration, sublet, transfer or assign the contract or any part thereof or interest therein on benefit or advantage thereof in any manner whatsoever. In the event of the Contractor's subletting or assigning this contract or any part thereof without such permission, the Railway Administration shall be entitled to terminate the contract and to award the work to other agency at Contractor's risk and cost and the Contractor shall be liable for any loss or damage which the Railway Administration may sustain in consequence or arising out of such purpose. 7. The drawings of work can be seen in the office of the Divisional Railway manager (Works) West Central Railway, Jabalpur at any time during office hours. 8. Tenders in prescribed form must be enclosed in sealed cover super scribing there on Tender Notice Number, the name of work as mentioned in the Tender Notice and must be deposited in the Tender box kept in the office of the DRM (W) JBP not later than the time and date mentioned in the Tender Notice. The Tenders will be opened at the stipulated time in presence of such those tenderer or their authorized Representatives who may choose to be present. Tenderer which are received after the date and time specified are liable rejected. 9. Tenders containing omissions, overwriting, additions, alterations, erasures, obliterations and other defects are liable to be rejected. All corrections made by the Tenderer /Contractor should be properly attested by the Tenderer / Contractor. 10. Tenderer (s) / Contractor (s) should quote their rates in figures and in words, wherever there is a difference between the rates quoted in figures and words, the lowest rate quoted in words will be taken as correct. 11. The Tenderer (s) should quote single percentage ABOVE / BELOW or ITEMWISE rates or whatever is asked in the tender schedule both in figures and words on the rate sheet or place given against items of the tender schedule only. Such quoted rates for items of work shall be "All-Inclusive'' rates after taking all aspects of work into account. 12 The Tenderer (s) / Contractor (s) shall sign every page of the Tender document and submit the tender document intact. 13. The Tenderer (s) / Contractor (s) shall visit the site of work and ascertain for himself themselves all the aspect of site conditions viz., accessibility, availability of approach roads, nature of soil, availability of materials, water for work and drinking purpose, electricity, site for labour camps, stores, godowns extent of lead, lift involved in the work, availability of skill and unskilled labour etc. that may be encountered in the course of execution of work. In short, he should familiarize himself fully with the conditions obtaining at site and give a certificate to this effect in the proforma appended elsewhere in this tender document. 14. The Tenderer (s) / Contractor (s) shall submit along with the tender Photostat copies of credentials for having successfully executed works of similar nature and required magnitude in the recent past. He shall also produce evidence that he possess the organization and is technically resourceful to undertake this work. Tenders not accompanies with these documents are liable to be rejected. 15. It shall not be obligatory on the said authority to accept the lowest tenderer and no tenderer shall question the right of administration or demand any explanation for the rejection of his tender. 16. Tenderer (s) / Contractor (s) should specifically and fully disclose in their respective tenders, their respective constitutions and submit along with each tender attested Photostat copies of documents like partnership deed, Articles and Memorandum of Association, Certificate of Incorporation etc., if any, in support of such disclosures. Railway Administration reserves the right to demand originals of such documents for verification.

Contractor

17. If a tenderer (s) / Contractor (s) is a firm, i.e. Partnership business it should be stated whether the same is registered under the Indian Partnership Act and the name and address of all the Partners of the firm should be fully disclosed. The Railway Administration shall always have the liberty to demand production of the original of the said documents and also to make such further requisitions regarding the constitution of the firm of the Tenderer(s) / Contractor (s) as may be considered necessary. 18. The Tenderer / Contractor shall give a comprehensive list of Plant and Machinery which he proposes to use in the Construction of the present work, together with the details of their make, capacity, number on hand, number proposed to be procured, their value etc. Tenderer(s) / Contractor(s) should have their own work shop to under take this work. 19. Unless otherwise mentioned, the General conditions of contract and standard specification for materials and works will apply to this contract. These shall form a part of contract where there is any conflict between general conditions of contract and special conditions /specifications, later will prevail. These can be seen in the office of the DRM (W) JBP. 20. The Tenderer (s) / Contractor (s) shall submit a list of works which are currently being executed by them, their contract value and dates of completion. 21. The earnest money deposited by the successful tenderer will be retained towards the security deposit for the due fulfillment of the contract in terms of clause 16 of the General Conditions of contract, but shall be forfeited if the contractor fails to execute the agreement or to start the work within 30 (Thirty) days from the date of receipt of Acceptance letter. This is without prejudice to anyother right or remedy available to Railway. The EMD of unsuccessful tenderer shall be returned. Railway shall not be responsible for any loss or depreciation that may happen to EMD. No claim shall be entertained for delay in refund of EMD. 22 The Earnest money should be in cash or Banker’s cheques/Demand Drafts in favour of Sr.DFM JBP, executed by State Bank of India or any of the Nationalized Banks or by a schedule Bank. (Railway Baord’s letter no. 2013/CE-I/CT/o/45/JV dated 22.09.2014). 23. The difference in value between the earnest money already deposited by the contractor and the amount of security deposit to be paid by him as per calculation, will be recovered by a percentage deduction ordinarily 10% from periodic payment to be made on account of work done or as decided by Engineer-in-Charge. 24. No interest will be paid on the said security in terms of Clause 16(3) of General Conditions of Contract. 25. These "instructions to the Tender(s)" shall be deemed to form a part of Tender Document. 26. Non compliance with any of the condition set forth in this Tender document is liable to result in the Tender being rejected. 27. Tenderer (s) / Contractor (s) shall fill up Annexure 1 to V in support of their organization details, experience, credentials, financial strength and availability of resources. In case if required additional sheets can be attached. However only relevant intimation should be provided. 28. Should tenderer find discrepancies in any of the tender form or be in document as to their meaning, he should at once notify the authority inviting tenders who may send written instruction to all the tenderers. It shall be understood that every endeavour has been made to avoid any error which can materially make upon himself and provide for the risk for any error which may subsequently be discovered and shall make no subsequent claim on account thereon. 29. The Engineer Incharge on behalf of the Railway shall be entitled by order in writing to enlarge or extend, diminish or reduce the work or make any alteration in their design, character, position, site, quantities, dimensions in the method of their execution or in the combination and use of materials for the execution thereof to order any additional work to be done or any works not to be done and the contractor will not be entitled to any compensation for any increase reduction in the quantities of work, but will be paid only for the actual amount for work done and for approved materials supplied against a specific order. i) Unless otherwise specified in the special conditions of the contract the accepted variation in quantity for each individual item of the contract would be upto 25% of the quantity originally contracted for the work at the agreed rate and tenderer / contractor shall not be entitled to any claim or any compensation whatsoever up to the limit of 25% variation in quantity of individual items of works.

Contractor

ii) In case of foundation work no variation limit shall apply and the work shall be carried out by the contractor with agreed rates irrespective of any variation. iii) The enlargements, extension, dimensions, reductions, alterations or additions referred to sub clause 2 of the clause 20 shall in no degree affect the validity of the contract but shall be performed by the contractor as provided therein and be subject to the same conditions, stipulations, obligations, as if they had been originally and expressly included and provided for in the specifications and drawing and the amounts to be paid therefore shall be calculated in accordance with the accepted schedule of rates. Any extra item / quantity of work falling- outside the purview of the provisions of Para (II) above shall be paid for at the rates determined under clause 39 of the conditions. 30. If a tenderer expires after submission of the tender or after acceptance of his tender the Railway shall deem such tender as cancelled. If a partner of a firm expires after submission of their tender or after acceptance of their tender, it shall be binding on the part of remaining partners to fulfill the contractual obligations. If the tenderer deliberately gives wrong information in his / their tender or creates circumstances for acceptance of his / their tender the Railway reserves the right to reject such tender at any stage. 31. Conditional tender shall not be considered. 32. Solvency certificate : Deleted. 33. Annual turnover of the firm for each of the preceding three accounting years to be provided. 34. As the nature of work warrants to ensured the high level of dimensional precision along with high quality control, tenderer should make it a point to understand the work carefully and thoroughly before quoting the rate. 35. Offer of tenderer not satisfying eligibility criteria will be summarily rejected without assigning any reason. 36. Tender submitting the offer on the tender documents downloaded from website shall enclose the requisite cost of tender documents along with their offer, failing which offer may be summarily rejected. 37.1 Firms registered with NSIC of the tendered item and using the downloaded tendered documents must enclose attested copy of valid original NSIC certificate for tendered item and in that cases such firms do not need to submit tender cost. However it is found that the tendered item is not covered by the NSIC certificate and or if the NSIC certificate is not valid on the date of opening of tender the offer will be treated as submitted without cost of tender and may be summarily rejected. 37.2. If the firm is not registered with NSIC for the tendered item specifically for the respective drawing No.(Where registration is done for the item to drawing No.) or does not attach the detailed registration documents showing the registration for the tendered item, the offer may be summarily rejected. 37.2.2 Tender using the tender documents downloaded from the website should watch the website for the Corrigendum/addendum to the NIT/tender documents and there will not be any separate individual Communication for the same. 37.2.3 Tender submitting the offer on the tender documents downloaded from website should sign the Declaration by the tenderer of the tender form downloaded without fail. If the declaration is not signed by the tenderer, the offer will be summarily rejected. 37.3 The tenderers/firms who are found to be indulging in changing/adding or deleting, the content of the tender documents will be liable to face necessary action as per extant instructions which could be removal from the approved list, banning, suspension of business dealing such tenders shall be summarily rejected. The tender documents submitted by the tenderer shall be subjected to verification with the master copy available in the office and contents of master copy kept on website shall be final. 37.4 The tendered documents will also contain following declaration to be signed by tenderer. 37.5 The tenderer shall print the document on good quality white A-4 size paper on any good quality printer, preferably laser or diskjet or inkjet type printer.

Contractor

38 “Declaration by the tenderer for the tender document downloaded” We hereby declare that "we have downloaded the tenderer document from West Central Railway’s website www.wcr.indianrailways.gov.in and printed the same. We have verified the content of the printed document from the website and there is no addition, no deletion and or no alteration to the content of the tender document . In case the same is found tempered/ modified, I/ we understand that my/our offer shall be summarily rejected.”. In case of any dispute, the hard office copy of Tender document shall be considered as final.

NOTES FOR TENDERER

1. Tenders received by post /speed post will also be entertained provided the same should reach this office before 15.00 hrs upto the due date of opening of the tender. However, the Railway will not be responsible for the postal delay in receiving tenders. The completed tender in sealed envelope indicating the Tender Notice No . and date of opening on top, should be addressed to Chief O.S. (Rates), DRM (Works), DRM Office, W.C.Railway, Jabalpur (M.P.) PIN No. 482001. 2. Tenderers are requested to sign all pages of tender document. 3. a) If any plan/ drawing is attached with the Tender Form, Rs.200/- per plan / drawing will be levied extra.. (b) In case tender form is required to be sent by post an extra amount of ` 500/- must be sent and received in this office before ten days of the opening of the tender. (c) Cost of tender form should be submitted in D.D. or Cash ; and no money order, postal order or cheque will be acceptable towards cost of tender document. Offer containing tender document downloaded and paid through money order, postal order or cheque will not be considered and will be summarily rejected. (Ref.:FA & CAO(WST)JBP`s L. No.HQ/AC/FA (WST)/Con. dt.31.7.07 & CE(G)JBP`s L. No.W-HQ/WG/Works/39-IV/ dt.01.08.2007). 4. Cement & steel will be provided by the Contractor to works where it is required. 5. As per Commissioner of Commercial Tax, M.P.`s letter No. ST. 160. 95.14(b)/ 6455 dated 8.8.95. The commercial tax at the rate of 2% will be deducted from Contractor`s bills. 6. As per conditions of contract, the offer is required to be kept open for 120 days from the date of opening of the tenders. 7. The offer of the rebate if any quoted by the tenderer shall be considered valid for 120 days. Any shorter period of validity of rebate quoted by the tenderer will be ignored and the rebate will be considered valid for 120 days or as extended further. 8. No conditions with respect to technical specifications will be entertained. 9. No conditions of completion period more than specified in tender notice shall be accepted. No modification viz. `completion period excluding monsoon etc. shall be accepted. 10. “In case the contractor fails to apply for extension of validity of contract and the Railway has not taken action for terminating the same under clause 62 of GCC the contract can be terminated as per the Rly Board’s letter No. 99/CE-I/CT/28 (PT) Dated 17.05.2004 even after the expiry of date of completion, original or extended as the case may be and the Railway will have all rights to recover the damages under clause 62 of the GCC in addition to any other rights available to it under the law for the failure on the part of the contractor” ( Ref. DRM(W)JBP`s No. JBP/W/R/T-14/ Date : 08.06.2006) ……

Contractor

Correction Slip – 1 General Conditions of Contract (Works contracts) has been modified as per Rly.Board`s L.No. 2003/CE-I/CT/4/PT.I dated 12.5.2006 & CORRIGENDUM circulated vide Rly.Board`s L.No. 2003/CE-I/CT/4/PT.I dated 30.05.2006 as under :- S.N. GCC Item No. Revised 1. Earnest Money

(REGULATION FOR TENDERS AND CONTRA-CTORS (CLAUSE 5)

The tenderer shall be required to deposit earnest money with the tender for the due performance with the stipulation to keep the offer open till such date as specified in the tender, under the conditions of tender. The earnest money shall be as indicated in the Tender Notice. The earnest money shall be rounded to the nearest Rs. 10. This earnest money shall be applicable for all modes of tendering. b) & (c) :- No change. (EMD : Modified vide Rly.Bd`s further letter No. 2003/CE-1/CT/4 Pt-I dated 7-12-06 ).

(d) The practice of fallowing Standing EMD is dispensed forthwith for all tenders. Therefore, Sub clause (d) stands deleted.

2) The Earnest Money should be in cash or Banker’s cheques /Demand Drafts in favour of Sr.DFM JBP, executed by State Bank of India or any of the Nationalized Banks or by a scheduled Bank. (Modified as per Rly’s Bd.`s letter no. 2013/CE-I/CT/0/45/JV dated 22.9.2014).

b) DELETED. 2. 16(1) Security

Deposit 1) The sentence “ in the form of Government Securities” stands deleted.

2) Unless otherwise specified in the special conditions, if any, the Security Deposit/rate of recovery/mode of recovery shall be as under:- (a) Security Deposit for each work should be 5% of the contract value, (b) The rate of recovery should be at the rate of 10% of the bill amount till the full security deposit is recovered, (c) Security Deposits will be recovered only from the running bills of the contract and no other mode of collecting SD such as SD in the form of instruments like BG,FD etc. shall be accepted towards Security Deposit. The security deposit, however, shall be released only after the expiry of the maintenance period and after passing the final bill based on “No Claim Certificate”. (Modified as per Rly Bds letter No. 2007/CEI/CT/18 dated 28.09.07 3) No change.

3. Revised Clause 16(4) to Indian Railway General Conditions of Contract (Ref:- Item-I to Railway Boards letter no. 2007/CE-I/CT/18 PT. XII dated 31.12.10) Clause 16(4) Performance Guarantee

The procedure for obtaining Performance Guarantee is outlined below:- (a) The successful bidder shall have to submit a Performance Guarantee (PG) within 30 (thirty) days from the date of issue of Letter of Acceptance (LOA). Extension of time for submission of PG beyond 30 (thirty) days and up to 60 days from the date of issue of LOA may be given by the Authority who is competent to sign the contract agreement. However, a panel interest of 15% per annum shall be charged for the delay beyond 30 (thirty) days, i.e. from 31st day after the date of issue of LOA. In case the contractor fails to submit the requisite PG even after 60 days from the date of issue of LOA, the contract shall be terminated duly forfeiting EMD and other dues, if any payable against that contract. The failed contractor shall be debarred from participating in re-tender for that work. (b) The successful bidder shall submit a Performance Guarantee (PG) in any of following forms, amounting to 5% of the contract value:-

(i) A deposit of cash;

Contractor

(ii) Irrevocable Bank Guarantee; (iii) Government Securities including State Loan Bonds at 5% below the

market value; (iv) Deposit Receipts, Pay Orders, Demand Drafts and Guarantee Bonds.

These forms of Performance Guarantee could be either of the State Bank of India or of any of the Nationalized Banks;

(v) Guarantee Bonds executed or deposits receipts tendered by all schedule Banks;

(vi) A deposit in the Post Office Saving Bank; (vii) A deposit in the National Saving Certificates; (viii) Twelve years National defence Certificates; (ix) Ten year Defence deposits; (x) National Defence Bonds and (xi) Unit Trust Certificates at 5% below market value or at the face value

whichever is less. Also FDR in favour of FA&CAO (Free from any encumbrance) may be accepted. Note:- The instruments as listed above will also be acceptable for Guarantees in case of Mobilization advance.

(c ) A Performance Guarantee shall be submitted by the successful bidder after the letter of acceptance(LOA) has been issued, but before signing of the contract agreement. This P.G. shall be initially valid up to the stipulated date of completion plus 60 days beyond that. In case, the time for completion of work gets extended, the contractor shall get the validity of P. G. extended to cover such extended time for completion of work plus 60 days. (d) The value of PG to be submitted by the contractor will not change for variation up to 25% (either increase or decrease). In case during the course of execution, value of the contract increases by more than 25% of the original contact value an additional Performance Guarantee amounting to 5% (Five percent) for the excess value over the original contract value shall be deposited by the contractor. (e) The Performance Guarantee (PG) shall be released after physical completion of the work based on “Completion Certificate” issued by the competent authority stating that the contractor has completed the work in all respects satisfactorily. The security deposit, shall however, be released only after the expiry of the maintenance period and after passing the final bill based on “No Claim Certificate” from the contractor. (f) Whenever the contract is rescinded, the security deposit shall be forfeited and the Performance Guarantee shall be encashed. The balance work shall be got done independently without risk and cost of the failed contractor. The failed contractor shall be debarred from participating in the tender for executing the balance work. If the failed contractor is a JV or a partnership firm , then every member/ partner of such a firm shall be debarred from participating in the tender for the balance work either in his/ her individual capacity or as a partner of any other JV/ partnership firm. (g) The Engineer shall not make a claim under the Performance Guarantee except for amounts to which the President of India is entitled under the contract (not withstanding and/ or without prejudice to any other provisions in the contract agreement) in the event of :

(i) Failure by the contractor to extend the validity of the Performance Guarantee as described herein above, in which event the Engineer may claim the full amount of the Performance Guarantee.

(ii) Failure by the contactor to pay President of India any amount due, either as agreed by the contractor or determined under any of the clauses/conditions of the Agreement, within 30 days of the service of notice to this effect by Engineer.

Contractor

The contract being determined or rescinded under provision of the GCC, the Performance Guarantee shall be forfeited in full and shall be absolutely at the disposal of the President of India.

4. (a) Rescinding of contract-Risk & Cost Clause

No Change in sub-clauses (i) to (xiii) of GCC Clause 62. No Change in sub-clauses (B) (a) to (e) of GCC Clause 62. The sentence “ and adopt either or both of the following courses read with proviso (x) & (y) stands deleted in GCC clause 62 . (2) (a) & (b) :- No change. The following line is added at the end of sub clause (2) ( c):- The legitimate amount due to the contractor after making necessary deductions and certified by the Engineer should be released expeditiously. Sub-clause 2(d) is deleted.

5. Clause 51(3) Deleted. Deleted since it is already covered under the revised Security Deposit clause 16(1).

Correction Slip -2

PRICE VARIATION CLAUSE

1. Amendement to PVC clause in works contract:- In supersession to all previous instructions regarding PVC , the Railway Board has issued a new Clause 46 A to I.R.`s General Conditions of Contract (G.C.C.) ‘ General Instructions ’ vide letter No. 2007/CE-I/CT /18 Pt. 19 dated 14.12.2012 and issued addendum & corrigendum Slip (ACS) No. 02 to GCC July 2014 amendment in clause 46A.1 of GCC iisued vide letter dated 2007/CE-I/CT/18/Pt-19/(FTS-8798) dated 15.10.2014, the same is applicable . The tenderers are required to read to clause before submitting tender Price variation clause (PVC) shall be applicable only for contracts of Value(Contract Agreement Value) Rs. 50 lakh and more, irrespective of the contract completion period.

GCC Clause 46-A. Price Variation Clause (PVC) :

46A.1 Price Variation clause (PVC) shall be applicable only for contracts of value as prescribed by the Ministry of Railways through instructions/Circulars issued from time to time and irrespective of contract completion period. Variation in quantities shall not be taken into account for applicability of PVC in the contract. Materials supplied free of cost by Railway to the contractors shall fall outside the purview of Price Variation clause. If, in any case, accepted offer includes some specific payment to be made to consultants or some materials supplied by Railway free or at fixed rate, such payment shall be excluded from the gross value of the work for the purpose of payment/recovery of price variation. (Corrected as per Railway Board’s letter no. 2007/CE-I/CT/18/Pt-19/(FTS-8798) dated 15.10.2014)

46A.2 The Base Month for ‘Price Variation Clause’ shall be taken as month of opening of tender including extensions, if any, unless otherwise stated elsewhere. The quarter for applicability of PVC shall commence from the month following the month of opening of tender. The Price Variation shall be based on the average Price Index of the quarter under consideration.

46A.3 Rates accepted by Railway Administration shall hold good till completion of work and no additional individual claim shall be admissible on account of fluctuations in market rates, increase in taxes/any other levies/tolls etc. except that payment/recovery for overall market situation shall be made as per Price Variation Clause given hereunder.

46A.4 Adjustment for variation in prices of material, labour, fuel, explosives, detonators, steel, concreting, ferrous, non-ferrous, insulators, zinc and cement shall be determined in the manner prescribed.

46A.5 Components of various items in a contract on which variation in prices be admissible, shall be Material, Labour, Fuel, Explosives, Detonators, Steel, Cement, Concreting, Ferrous, Non-ferrous, Insulator, Zinc, Erection etc. However, for fixed components, no price variation shall be admissible.

46A.6 The percentages of labour component, material component, fuel component etc. in various types of Engineering Works shall be as under :

Component Percentage Component Percentage

(A) Earthwork Contracts :

Contractor

Labour Component 50% Other Material Components 15%

Fuel Component 20% Fixed Component * 15%

(B) Ballast and Quarry Products Contracts :

Labour Component 55% Other Material Components 15%

Fuel Component 15% Fixed Component * 15%

(C) Tunnelling Contracts :

Labour Component 45% Detonators Component 5%

Fuel Component 15% Other Material Components 5%

Explosive Component 15% Fixed Component * 15%

(D) Other Works Contracts :

Labour Component 30% Fuel Component 15%

Material Component 40% Fixed Component * 15%

* It shall not be considered for any price variation.

46A.7 The Amount of variation in prices in several components (labour material etc.) shall be worked out by the following formulae :

(i) L = R x (I-Io) x P

Io 100

(ii) M = R x (W-Wo) x Q

Wo 100

(iii) U = R x (F-Fo) x Z

Fo 100

(iv) X = R x (E-Eo) x S

Eo 100

(v) N = R x (D-Do) x T

Do 100

(vi) Ms = O x (Bs-Bso)

(vii) Mc = A x (Wc-Wco)/Wco

For Railway Electrification Works :

(viii) Mcc = [(C-Co)/Co x 0.4136] x G (ix) Mf = [(Sf-Sfo)/Sfo + (Z-Zo)/Zo x 0.06] x H (x) Mnf = [(Cu-Cuo)/Cuo] x J (xi) Mz = [(Z-Zo)/Zo] x W (xii) MIN = [(In – Ino)/In] x 85

Where,

L Amount of price variation in Labour M Amount of price variation in Materials U Amount of price variation in Fuel X Amount of price variation in Explosives N Amount of price variation in Detonators Ms Amount of price variation in Steel Mc Amount of price variation in Cement Mcc Amount of price variation in Concreting Mf Amount of price variation in Ferrous Mnf Amount of price variation in Non-Ferrous Mz Amount of price variation in Zinc MIN Amount of price variation in Insulator O Weight of steel in tonnes supplied by the contractor as per the ‘on-account’ bill for the month under consideration

Contractor

R Gross value of work done by contractor as per on-account bill(s) excluding cost of materials supplied by Railway at fixed price minus the price values of cement & steel. This will also exclude specific payment, if any, to be made to the consultants engaged by contractors (such payment shall be indicated in the contractor’s offer) (Rly.Bd`s L. dt. 07.05.2013)

A Value of Cement supplied by Contractor as per on account bill in the quarter under consideration Io Consumer Price Index Number for Industrial Workers - All India - Published in R.B.I. Bulletin for the base period I Consumer Price Index Number for Industrial Workers - All India - Published in R.B.I. Bulletin for the average price

index of the 3 months of the quarter under consideration Wo Index Number of Wholesale Prices – By Groups and Sub-Groups – All commodities – as published in the R.B.I.

Bulletin for the base period W Index Number of Wholesale Prices – By Groups and Sub- Groups – All commodities – as published in the R.B.I.

Bulletin for the average price index of the 3 months of the quarter under consideration Fo Index Number of Wholesale Prices – By Groups and Sub-Groups for Fuel, Power, Light and Lubricants as published

in the R.B.I. Bulletin for the base period F Index Number of Wholesale Prices – By Groups and Sub-Groups for Fuel, Power, Light and Lubricants as published

in the R.B.I. Bulletin for the average price index of the 3 months of the quarter under consideration Eo Cost of explosives as fixed by DGS&D in the relevant rate contract of the firm from whom purchases of explosives

are made by the contractor for the base period E Cost of explosives as fixed by DGS&D in the relevant rate contract of the firm from whom purchases of explosives

are made by the contractor for the average price index of the 3 months of the quarter under consideration Do Cost of detonators as fixed by DGS&D in the relevant rate contract of the firm from whom purchases of detonators

are made by the contractor for the base period D Cost of detonators as fixed by DGS&D in the relevant rate contract of the firm from whom purchases of detonators

are made by the contractor for the average price index of the 3 months of the quarter under consideration Bs SAIL’s (Steel Authority of India Limited) ex-works price plus Excise Duty thereof (in rupees per tonne) for the

relevant category of steel supplied by the contractor as prevailing on the first day of the month in which the steel was purchased by the contractor (or) as prevailing on the first day of the month in which steel was brought to the site by the contractor whichever is lower

Bso SAIL’s ex-works price plus Excise Duty thereof (in Rs. per tonne) for the relevant category of steel supplied by the contractor as prevailing on the first day of the month in which the tender was opened

Wco Index No. of Wholesale Price of sub-group (of Cement) as published in RBI Bulletin for the base period Wc Index No. of Wholesale Price of sub-group (of Cement) as published in RBI Bulletin for the average price index of

the 3 months of the quarter under consideration C RBI wholesale price index for cement for the month which is six months prior to date of casting of foundation Co RBI wholesale price index for cement for the month which is one month prior to date of opening of tender Z IEEMA price for Zinc for the month which is two months prior to date of inspection of material Zo IEEMA price for Zinc for the month which is one month prior to date of opening of tender Cu IEEMA price for Copper wire bar for the month which is two months prior to date of inspection of material. Cuo IEEMA price for Copper wire bar for the month which is one month prior to date of opening of tender. Sf IEEMA price index for Iron & Steel for the month which is two months prior to date of inspection of material. Sfo IEEMA price index for Iron & Steel for the month which is one month prior to date of opening of tender. In RBI wholesale price index for Structural Clay Products for the month which is two months prior to date of inspection

of material Ino RBI wholesale price index for Structural Clay Products for the month which is one month prior to date of opening of

tender P % of Labour component Q % of Material component

Z % of Fuel component S % of Explosive component T % of Detonators component G % of Concreting Component H % of Ferrous Component J % of Non-Ferrous Component W % of Zinc Component

Note: 1. Addendum & Corrigendum Slip (ACS) no. 6 to GCC, July-2013 Amendment to Clause 46A.7 (a sub clause of PVC) to GCC circulated vide Railway Board’s letter no. 2007/CE-I/CT/18/Pt 13 dated 02.05.2014 may please be seen.

Contractor

2. 1. Addendum & Corrigendum Slip (ACS) no. 2 to GCC, July-2014 Amendment to Clause 46A.1 of GCC. The demands for escalation of cost shall be allowed on the basis of provisional indices made available by Reserve Bank of India. Any adjustment needed to be done based on the finally published indices shall be made as and when they become available.

46A.8 Relevant categories of steel for the purpose of operating Price Variation formula, as mentioned in this Clause, based on SAIL’s ex-works price plus Excise Duty thereof, shall be as under :

SL

Category Of Steel Supplied In Railway Work

Category Of Steel Produced By SAIL Whose Ex-Works Price Plus Excise Duty Would Be Adopted To

Determine Price Variation

1 Reinforcement bars and other rounds

TMT 8mm IS 1786 Fe 415/Fe 500

2. All types and sizes of angles Angle 65 x 65 x 6 mm IS 2062 E250A SK

3. All types and sizes of plates PM Plates above 10-20 mm IS 2062 E250A SK

4. All types and sizes of channels and joists

Channels 200 x 75 mm IS 2062 E250A SK

5. Any other section of steel not covered in the above categories and excluding HTS

Average of price for the 3 categories covered under SL 1, 2 & 3 above

46A.10 Price Variation During Extended Period Of Contract

The price adjustment as worked out above, i.e. either increase or decrease shall be applicable upto the stipulated date of completion of work including the extended period of completion where such extension has been granted under Clause 17-A of the General Conditions of Contract. However, where extension of time has been granted due to contractor’s failure under Clause 17-B of the General Conditions of Contract, price adjustment shall be done as follows :

(a) In case the indices increase above the indices applicable to the last month of original completion period or the extended period under Clause 17-A, the price adjustment for the period of extension granted under Clause 17-B shall be limited to the amount payable as per the Indices applicable to the last month of the original completion period or the extended period under Clause 17-A of the General Conditions of Contract; as the case may be.

(b) In case the indices fall below the indices applicable to the last month of original/ extended period of completion under Clause 17-A, as the case may be; then the lower indices shall be adopted for the price adjustment for the period of extension under Clause 17-B of the General Conditions of Contract.

{Authority : Railway Board’s letters no. 2007/CE-I/CT/18/Pt.19, dated 14.12.12 .& 07.5.2013}

2. Earnest Money Deposit (EMD):- The rules concerning Earnest Money Deposit modified vide Board`s letter No. 2003/CE-I/CT/4 Pt-I dated 12/16.5.06 (item (i) of the Annexure ) and letter No. 2003/CE-I/CT/4 Pt-I dated 7-12-06 are further amended as under:- Value of the work (Tender Value) EMD For works estimated to cost upto Rs.1 crore. 2% of the estimated cost of the work. For works estimated to cost more than Rs.1 crore.

2 lakhs plus ½% ( half percent) of the excess of estimated cost of work beyond Rs. 1 crore subject to a maximum of Rs. 1 crore.

3. Interest Rate for Advances extended by Railways:- The extant interest rate for advances extended by Railways to contractors fixed at 18% vide Board`s letter No. 90/CE-I/CT/I dated 21.5.97 and advance correction slip issued under Board`s letter No.F(X)II-97/PW/4 dated 5.5.98 has since been reviewed by Board and the same has now been downwardly revised as 14%. 4. Solvency Certificate:- In partial modification to para 2.3.4.1 of Annexure-1 of Board`s letter No. 94/CEI/CT/4 dated 17-10-2002 , the requirement of Revenue/ Banker Solvency Certificate as one of the minimum eligibility criteria (vide item (i) of the table under para 2.3.4.1 of the above referred Board`s letter) stands deleted. However, the Tender Committee shall still examine the overall financial soundness of the tenderers based upon the volume of work handled, turn over, balance sheet etc.

Contractor

5. Imposition of token penalty for delay in the completion of work:- The existing clause 17(B) of GCC provides for recovery of liquidated damages from the contractor for delay in completion of work. It has now been decided that the competent authority while granting extension to the currency of contract under clause 17(B) of GCC may also consider levy of token penalty as deemed fit based on the merit of the case. 6) Change in inter-se-position :- “ Due to quantity variation if there is change in inter se position as compared to other valid offers, the vitiated amount will be recovered from the Contractor. 7) Conservancy Cess Charges: Railway Contracts : Engg. Works Contractors :- i) For contractors labour employed /residing at stations & in colonies where Railway sanitary facilities exists. Contractor(s) shall be required to pay cess charges as per rules enforce on the railway from time to time. ii) For labour working in between station or at isolated places where railway facilities do not exist, the contractor shall be required to provide necessary facilities for their labour in terms of clause 59(4) of the General conditions of contract. iii) In case of any failure on his / their part the necessary facilities shall be provided by the Railways administration at the cost of contractors and expenditure thus incurred along with cess charges will be recovered from his / their bill. (Ref.:Rly.Bd`s L. No. F(X)I-95/1/1 dt. 31/01/2007. DRM(P)JBP`s L. No. JBP/ P.Engg/ Conservancy Cess Charges/ dt. 02-03-2007.) (iv) Rate of recovery of Conservancy charges have been revised by Railway Board vide Letter No. F(X)I/95/1/1 Dated 16.07.2012 and the same are applicable. 8) Arbitration :- The provision of clause 63 and 64 of the General Conditions of Contract will be applicable only for settlement of claims or disputes between the parties for values less than or equal to 20% of the value of the contract. (Ref.: CE(G)JBP`s L.No.W-HQ/WG/ARB/29-V / dt. 04-08-06) 9) Exemption of Railway PSUs from submission of Performance Guarantee in lieu of Risk Action:- a) Whenever the Railway PSUs are awarded works contracts by Railways, on Single Tender basis, the Railway may exempt them from the requirement of submitting Performance Guarantee. In the event of failure of the Railway PSU to successfully execute the contract as per terms & conditions laid down in the agreement, a penalty equivalent to 5% of the original value of contract would be levied. b) If Railway PSUs are awarded contracts through competitive bidding ( Open tender, Special Limited Tender etc.) , the normal rule regarding submission of Performance Guarantee as applicable to other tenderers will be applicable to these PSUs also to ensure a level playing field. (Ref.:-Rly.Bd`s L. No.2001/CE-I/CT/19 Dt.14.9.2007. CE(G)JBP`s L. No.W-HQ/WG/Works Policy/ 01 dt. 11.10.2007.; T-14/ Pt.25/293) 10. Eligibility Criteria for Finalizing Tenders:- Ref:- Para-2.3.4.1 of the recommendations of the committee of Shri B.S. Sudhir Chandra – Railway Boards Letter no. 94/CE-I/CT/4 dated 17.10.02 modified vide Board’s letter no. 2008/CE-I/CT/Con/7(PCE/GM) dated 15.12.208. The minimum tender value limit of ` 20.00 lakhs for incorporating eligibility Criteria is increased to Rs. 50 lakhs. 11. Implementation of the – The Building and other construction workers (RECS) Act, 1996 and the building and Other Construction Workers Welfare Cess Act 1996 in Railway Contracts:- “The tenderer for carrying out any construction work in Madhya Pradesh must get themselves registered from the Registering Officer under section 7 of the Building and Other Construction Workers Act, 1996 and rules made thereto by Madhya Pradesh Govt. and submit certificate of Registration issued from the Registering Officer of the Madhya Pradesh Govt. (Labour Deptt.). For enactment of this Act, the tenderer shall be required to pay cess @ 1% of cess of construction work to be deducted from each bill. Cost of material shall be outside the purview of cess, when supplied under a separate schedule item”. (Railway Board’s letter No. 2008/CE-I/CT/6 dated 09.07.2008

Contractor

12. Two Packets System of Tendering - Finalization of Works Tenders :- Railway Board , New Delhi , vide letter No. 94/CE-I/CT/4 Pt.17 dated 13.08.2012 , has introduced a new Clause No. 7A to Part –I of I.R.`s existing General Conditions of Contract (G.C.C.) on “Two Packets System” of tendering for all works contract . For all works contract tenders valuing more than Rs.10 Crore, ‘Two Packets System” shall mandararily be followed , except in cases where it is decided by an executive officer not below HAG level for reasons to be recorded in writing and with the concurrence of FA&CAO that it would be advantageous to follow “ Single Packet System”. 13. Participation of Joint Venuture Firms in Works Tenders on Indian Railway:- Railway Board , New Delhi , vide letter No. 2002/CE-I /CT/ 37 JV Pt. VIII dated 14.12.2012 , has modified G.C.C. Clause 65 . “Joint Venture Firms ” shall now be applicable to the works tenders of value more than Rs.10 Crore (Rupees Ten crore only ). The tenderers are required to read all the GCC Clause before submitting tenders.

14. Employees Provident Fund & Miscellaneous Provisions Act, 1952 : - A new clause 55-B has been added in the General Conditions of Contract by the Railway Board vide L.No. 2012/CE-I /CT/O/22 dated 14.12.2012 . The tenderers are required to read and comply with the provision Employees Provident Fund & Miscellaneous Provisions Act, 1952.

15. Acceptance of Bank Guarantee: ( Rly. Bd.`s L. No. 2008/RS(G) 779/2 dated 19.9.2012 ):- It is insisted upon the contractors that Bank Guarantee to be submitted by them should be sent to this office by the issuing Bank under Registered Post A.D. In exceptional cases, where the B.Gs. are received through the Contractors, the issuing branch will be requested to immediately send by Registered Post A.D. an unstamped duplicate copy of the Bank Guarantee directly to this Office with a covering letter to compare with the original B.G. and to confirm that it is in order. In view of prevalent practice of sending document by speed post and courier service, the Rly. Bd has been decided to accept ‘ Speed Post ’ and ‘ Courier Service ’ also as an acceptable method for receipt of Bank Guarantees / Confirmation of Bank Guarantees in addition to Registered Post A.D. 16. To quote single percentage rate by contractor on departmental Rates:- Tenderers are requested to quote single percentage rate above / below/ at par over the departmental rates . If single percentage above/below/at par departmental rates is not quoted or various rates against various item is quoted, then the tender shall be summarily rejected.(Ref.:- PCE WCR JBP's letter No. W-HQ/PCE/Instructions dated 06.05.2013). 17. Display Boards: - Contractors should provide display boards at work sites of passenger amenities and staff amenities having following information :-

1.) Name of Work ; (2) Date of commencement of work ; (3) Likely date of completion; (4) Name of contractor ; (5) Authority to supervise the work ; (6) Value of work.

(Ref.: CPDE WCR JBP`s L. No. W-HQ/WG/Withholding amt/SEM/33/IV dt. 02.08.13 ) 18. Arbitration :- General Conditions of Contract 2013 Clause No. 64 (3) (a) (i) has been amended by Railway Board , vide letter No. 2012/CE-I/CT/ARB/ 24 dated 22.10.2013 / 05.11.2013 as under:- “In cases where the total value of all claims in question added together does not exceed Rs.25,00,000/- (Rupees Twenty five lakh only ) , the Arbitral Tribunal shall consist of a Sole Arbitrator who shall be a gazetted officer of Railway not below JA grade nominated by the General Manager. The Sole Arbitrator shall be appointed within 60 days from the day when a written and valid demand for arbitration is received by GM. ” 19. Joint Venture: - General Conditions of Contract 2013 Clause No. 65.15.4 has been amended by Railway Board , vide letter No. 2002/CE-I/CT/37 JV Pt.III dated 05/14.11.2013 as under:- “ All the Members of JV shall certify that they are not black listed or debarred by Railways or any other Ministry/ Department / PSU ( Public Sector Undertaking ) of the Govt. of India/ State Govt. from participation in tenders/ contract on the date of opening of bids either in their individual capacity or as a member of the JV firm in which they were/ are members. ” 20. General Conditions of Contract July 2013 has been issued by the Railway Board , New Delhi and the same is applicable to this tender / contract.

Contractor

21. Declaration for Site Visit I/ We hereby solemnly declare that I/ We visited the sites of work personally and have made myself/ ourselves fully conversant of the conditions therein and in particular the following: -

i. Topography of the area ii. Soil strata at site of work iii. Sources and availability of construction materials iv. Rates for construction materials, water, electricity including all local taxes, royalties, octroi, etc. v. Availability of local labour (both- skilled and unskilled) and relevant labour rates and labour laws. vi. Existing roads, approaches, pathways to site of work. vii. Space for stacking of materials, stores, office etc. viii. Availability and rates of private land , etc required for various purposes. ix. Trees, shrubs, bushes, debris etc. required to be removed for site clearance. x. Need of dewatering/ pumping etc. xi. Climate conditions and availability of working days and working hours. xii. Frequency / pattern of rail traffic, electrified tracks, road traffic etc. xiii. Availability of rail / road traffic block. xiv. Law and order situation. xv. Any other condition, which may affect rates.

I / we have quoted my/ our rates for various items in the tender schedule taking into account all the above factors likely to be encountered during execution of work. I/ We shall not be entitled for any claim against Railway on account of above factors.”

(Ref.: JBP/W/R/T-14/ 188 dated 19.09.2014.)

…

Contractor

Civil Engineering Department Tender Notice dt. 10.12.2015 The Divisional Railway Manager (Works), West Central Railway, Jabalpur, invites sealed Open tender, for and on behalf of the President of Union of India, for the work mentioned below. Tender forms will be sold Up to 12.00 hrs. Up to the date of opening mentioned against the tender notice and the tender box will be sealed at 15.00 hrs. and will be opened at 15.15 hrs. on the same day- Tender Notice No.

Name of work Approx. Cost of the work

Earnest Money Period of Completion

Cost of tender form (non- refundable) Rs

Date of Opening

215/15 Through weld renewal in 60 kg/52kg rail using Road-Cum-Rail Mobile Flash Butt Welding Plant and / or stationary flash butt welding plant- 10,000 joints on Jabalpur division.

Maintenance period:- As per schedule conditions.

` 907.97 Lakhs

` 6,03,990/- 12 months 10,000/- 19.01.16 Revised open dt 23.02.16

1.

Tender received by Registered post/ speed post will also be entertained provided that same should reach this office before 15.00 hrs. up to the due date of opening of the tender. However, the Railway will not be responsible for the postal delay in receiving tenders. The completed tender in sealed envelope indicating the tender notice No. and date of opening on top, should be addressed to Ch. O.S. (Rates), DRM (Works), DRM office, West Central Railway, Jabalpur (MP) PIN 482001.

2. a) If any plan / drawing is attached with the Tender Form, Rs. 200/- per plan / drawing will be levied extra. (b) In case tender form is required to be sent by post an extra amount of Rs. 500/- must be sent and received in this office before ten days of the opening of the tender. (c) Cost of tender document should be submitted in DD or Cash; and no money order, postal order or cheque will be acceptable towards cost of tender document. Offer containing tender document downloaded and paid through money order, postal order or cheque will not be considered and will be summarily rejected.

3. Following form of Earnest Money will be accepted only: a) Cash deposited in Railway account and money receipt so obtained should be attached along with tender form: b) Banker’s cheque/demand drafts in favour of Sr. Divisional Finance Manager, West Central Railway (Sr. DFM/WCR) Jabalpur executed by State Bank of India or any of the Nationalized Banks or by a Schedule Bank.

4. The tender documents duly filled can be dropped in the tender box in the office of DRM (W) Jabalpur on the date mentioned above.

5. If the date of opening happens to be holiday, the tender shall be opened on the next working day. 6. Tenderers are requested to submit the documents regarding Minimum Eligibility Criteria/ credentials, if

applicable, along with the tender form. Documents submitted after opening of tender shall not be entertained.

7. If at any stage any document submitted by the tenderer in connection with the MEC or any other purpose is found false or faked, Railway administration will not be responsible in any way for the loss suffered by tenderer / contractor due to action taken against him as a consequence of the same. Any legal action, administrative / financial decision or all taken by Railway in this regard will be final and binding Upon the Contractor/ Tenderer.

8. Tender box will be kept ready at least 10 days before the last date of receipt of the tender. 9. Offer of tenderer shall remain valid for a period of 120 days from the date of opening. 10. Condition with respect to shorter period of validity of tender i.e. less than 120 days shall not be accepted.

Contractor

11 Tenderers are requested to note the revised General Conditions of contract July – 2013 with the last

correction slip issued by Railway Board up to time of invitation of tender. 12 The tenderer for carrying out any construction work in Madhya Pradesh must that themselves registered

from the Registering Officer under Section 7 of the Building and other Construction Workers Act, 1996 and Rules made thereto by the Madhya Pradesh Government and submit certificate of Registration issued from the Registering Officer of the Madhya Pradesh Govt. (Labour Department). For enactment of this Act, the tenderer shall be required to pay cess @ 1% of cost of construction work to be deducted from each bill. Cost of material shall be outside the purview of cess, when supplied under a separate schedule item.

The Minimum Eligibility Criteria for open tender above Rs. 50 lakhs is as under:- Only those firms, which in their individual capacity, fulfilling the following criteria, need to quote for this tender. 1. Should have completed in the

last three financial years (i.e. current year and three previous financial years).

= At least one similar single work for a minimum value of 35% of advertised tender value of work. Similar work means for NIT No 215 /15 means “FBW work or any other P.Way work.” Other technical eligibility criteria as per Railway Board’s letter No. 2011/Track-1/12/1 dated 24.9.2013 will be applicable which shall form part of tender conditions.*

2.

Total contract amount received during the last three financial years and in the current financial year.

= Should be a minimum of 150% of advertised tender value of work.

*Eligibility Criteria. (As per Railway Board letter No. :- 2011/Track – I/12/1 New Delhi , dated – 24.09.2013)

(A) Technical a) Tenderer should own at least one MFBW Plant in the tendering firm’s name, which should be in working

condition and fit to be deployed for the tendered work exclusively. The tenderer should submit documentary proof for the ownership of the MFBW plant along with tender document.

b) The General QAP for the Flash Butt Welding Plant ( excluding Details of Operators and Standardized Welding Parameters) proposed to be deployed by firm should be approved by RDSO before the tender opening date. The Mobile Flash Butt Welding Plant owing firm can approach RDSO directly and can get their General QAP approved by RDSO before participating in a tender. This approved General QAP is to be submitted along with tender document without which tender will not be considered if contractor wants to deploy a welding plant other than that specified in the tender, which has approved QAP from RDSO, that plant may also be permitted by Railways .

c) Tenderer should have satisfactory completed FBW work or any other P.Way works (one or more works) having cumulative value of 35% of advertized tender value or more during the last three financial years ( i.e. current year and the last three financial years)

Note: - 1. The contractor / firm should submit either: - a) Certificate from the government employer; OR b) Audited balance sheet of the company duly certified by a chartered account; OR c) A copy of the return filed with I.T. Department duly certified by C.A. in support of his claim. d) “Total contractual amount received, during the last three financial years and in the current financial year, should be a minimum of 150% of advertised tender value as per audited balance sheet

Contractor

duly certified by the Chartered Accountant. For the last financial year ended and / or the current financial year if audited balance sheet is not available contractual amount received duly certified by the Chartered Accountant should be submitted as a proof of turnover. Alternatively at least payment certificates from Central Govt./ State Govt. Central P.S.Us/ State P.S.Us and other Government Agencies for minimum of 150% of advertised tender value may be submitted “.

2. Apart from the above information the following documents should be submitted along with the tender:- a) List of personnel, organization. ( b) List of plant and machinery. (c) List of works completed, organization for whom executed, approximate value of contract, date of award and date of completion, (d) List of works on hand indicating description of work, contract value, balance work etc Tender documents are also available on our website www.wcr.indianrailways.gov.in. In case if tender document is down loaded from website, it must accompany with cost of tender form as mentioned in the above table. Without cost of tender, the offer shall not be considered. The tenderer, who down load the tender documents from website, will be responsible for checking the corrigendum, if any issued by the Rly., on the website from time to time and submit the tender accordingly.

Contractor

Name of Work : Through Weld Renewal in 60 kg/52kg. rails using Road-Cum-Rail Mobile Flash Butt Welding Plant and/or stationary flash butt welding plant – 10000 Joints on Jabalpur Division SN Item

No. Description Sch. Qty Unit Rates Rates in words Amount

(A) P.Way item Based on LAR May 2013

1 NS 1

Flash butt welding of 60/52kg rails using rail cum road mobile and / or stationary flash butt welding plant as per following details: (a) In case of welding by stationary flash butt welding plant: The rate quoted, should include renewal of existing rail by panel rails initially for a length of about 250 track-m, cutting of released rails at the joints so as to remove heat affected zone/fish bolt holes, loading, unloading, transportation to flash butt welding plant, flash welding of rails, transportation of panel rails to the site and replacement of the existing running rail with panels so welded including insertion of closer rails with fittings. AT welding of joints of panels with approved portions, 3 piece moulds, etc. complete in all respect. In case railway wagons / UTV machines are required for transportation of released rails/welded panels, the hire charges for the same as per railway rates has to be borne by the contractor. Charges for establishig stationary flash butt welding plant at nominated place including gantry, hoist, portal crame, etc.have to be borne by the contractor and no extra payment shall be made on this account. However, railway land as available will be temporarily handed over free of cost for the execution of the work OR

10000.0 Joint 1 Joint ` 7278.15 Rs. Seven thousand two hundred seventy eight and paise fifteen only

` 72781500.00

(b) In case of welding by mobile flash butt welding plant in situ or on cess, the rate quoted should include earth work in formation with contractor's own earth including dressing of slopes of embankment, leading cut spoils to a location/ locations as directed by the engineer for stabling & working of the mobile flash butt welding plant, cutting of existing rails at the joints so as to remove heat affected zone /fish bolt holes under traffic block, flash butt welding of rails including insertion of closer rails with fittings for movement of trains under traffic block etc.complete in all respect. (c) In both the cases, as above, the rate quoted should also include pre-straightening of rails, matching rail ends, preparation for aligning, positioning, stripping of rail joints, grinding and finishing of joints USFD testing of flash butt/AT welded joints, segregating defective rails, post straightening of joints handling/leading of rails/rail panels, removing and re-fixing of fittings/fastening with contractor's own labour machinery, tools, plants, etc. with all lead, lift, decent, crossing tracks. royalty, taxes etc. complete in all respect as per direction of engineer. The cut rails shall have to be returned to PWI's depot by the contractor at his own cost. The contractor at his own cost has to establish quality control organisation to ensure adequate control at all stsages.

Contractor

(d) Unless otherwise superseded by the stipulation of this contract, the welding process and methodology will be governed by the "manual for Flash Butt Welding of Rails (revised 2012)" with up to date correction slips issued by Research Design and Standards Organisation (RDSO), Ministry of Railways, Lucknow.

2 NS 2

Providing 17.5mm. dia. Holes for structure bonding in 60kg/52Kg free rails / rail panels just after TRR work on cess including holding as required at site as per direction of Engineer incharge.

1662.0 Hole 1 Hole ` 19.99 Rs. Nineteen and paise ninety nine only

` 33223.38

3 NS 3

Destressing of existing BG LWR track for the flash butt welded portions as per latest PCE's circular between tm to tm +50C under traffic block, inlcuding cutting of rails near SEJs or at every kilometer, inserting suitable cut closure rails so as to pass traffic after block including providing 1 meter long fish plate with four clamps and fixing the SEJ in mean position, welding of cut made during destressing by AT weld, replacement of 100% GRPs and worn out / unserviceable ERCs and liners, etc.with contractor's own labour, materials, machinery, tools, plants, with all lead , lifts, descents, etc.compleete in all respect as per direction of the enfineer.

103850.0 T. Rm

1 T. Rm

` 20.96 Rs. Twenty and paise ninety six only

` 2176696.00

4 NS 4

Painting of rail foot ( after thoroughly cleaning of existing rail surface with wire brush) with one coat of red oxide zinc chromate paint (primer) and a finishing coat of synthetic enamel paint with contractor's own labour, materials, tools, plants, complete in all respect as per direction of Engineer.

31155.0 Sqm 1 Sqm ` 67.89 Rs. Sixty seven and paise eighty nine only

` 2115112.95

Total A 77106532.33

(B) P.Way item Based on LAR of 2011

5 NS 5

Boxing and sectioning of ballast in LWR track including deweeding if any over and on cess duly filling the ballast whenever deficiency noticed in cribs and shoulders by leading excess ballast on cess and between track (lead to a maximum of 100m including crossing of track if necessary). Extra ballast on outside curve and completing the profile same as per IRPWM and as directed by Engineer-in-charge with all contractor's labour, tools, plant, consumables, stores etc. complete. (LAR of KTT divisin vide AL no. W.623.15.304/2010-R dt. 06.02.2011)

103850.0 M 1 Meter ` 17.90 Rs. Seventeen and paise ninety only

` 1858915.00

Total B 1858915.00

(C) Based on basic rate of 1990

6 NS 6

Applying one coat of contractor's grease as approved by Rly. Engineer in gauge faces of both rails (RH/LH) of any poundage with contractor's tools, equipments, material, labour etc. including transportation, loading/unloading at work site in section/station as directed by Engineer at site. (Vetted rate as on 01.01.90 vide DAO's letter No. FX/JBP/ Rate analysis dt. 29.10.01)

103.00 Km 1 Km. ` 230.40 Rs. Two hundred thirty and paise forty only

` 23731.20

Contractor

7 NS 7

Applying contractor's graphite grease '0' to IS:408 specification as per IRPWM 86 in eye of MCI inserts and center leg of ERC with all Contractor's tools, equipments, material, labour etc. including transportation, loading/unloading at work site in section/station as directed by Engineer at site. (Vetted rate as on 01.01.90 vide DAO's letter No. FX/JBP/ Rate analysis dt. 29.10.01)

103.00 Km 1 Km. ` 1193.50 Rs. One thousand one hundred ninety three and paise fifty only

` 122930.50

Total C 146661.70

NOTE:

1. The existing flash butt weld having no flaw as per USFD testing shall not be cut in case, the contractor has to cut such weld for transportation etc. The same has to be re-welded free of cost. Only AT welds and flash butt welds having tolererences beyond +1.5mm/-1.0mm vertical and +1mm/-2mm horizontal shall be cut and re-welded for the purpose of payment.

2. The no. of AT weld per km shall not be permitted beyond 12 nos for each rail. This includes re-welding of defective welds during USFD testing.

3. Welding to be done as per the manual for flush butt welding of rails with up to date correction slips.

4. Prior to start of the work SSE (P.Way) and contractor or his authorised representative should survey in detail the no. of joints to be welded by MFBW plant in a kilometer (left & right rail separately), welded by MFBW Plant and the same shall be Test checked by Sectional ADEN and certified by Sectional DEN/Sr.DEN. 5. The welding to be carried out on running lines, dead lines/ line under construction or on cess or in situ etc. with or without traffic block as per requirement. 6. The tenderers are required to quote single percentage above/par/below the Rly's estimated value in the rate sheet. If single percentage above/par/below the Rly's estimated value is not quoted by the contractor or various rates against various items is quoted by the contractor, then the tender shall be summarily rejected, as per PCE's letter no. W-HQ/CE/instructions dt. 06.05.13. Special condition: Tenderers shall not quote any special condition. In case, special conditions are quoted by the tenderer and same is not accepted by the Railways, and if the offers refused by the tenderer with railway stipulations on special conditions quoted by the tenderer; the earnest money deposited by the tenderer shall be forefeited.

SPECIAL CONDITIONS AND SPECIFICATIONS OF WORKS

1. SCOPE OF WORK

1.1 As mentioned in NS 1 to NS 7 of schedule.

1.2 Contractor will arrange adequate labour, competent supervision, for execution and USFD testing testing free of cost as required for the work . All the machines, plants and equipments will be arranged and provided by the contractor at his own cost

1.3 Welding process and methodology will be governed by the "Manual for Flash Butt Welding of Rails (revised January 2012 issued by the RDSO, Lucknow) with latest correction slips.

1.4 Contractor shall enclose Testing Specifications etc., and also complete technical data with photograph of the type of Mobile flash butt welding plant he proposed to use.

Contractor

1.5 Moblisation period for commisioning of welding operation will be 90 days.

1.6 Contractor has to make arrangement of gantry/hoist which can be easily shifted if required and can be used at alternative site. In original/ fixed site (gantry charges, (b) The term "test" shall mean all such tests as prescribed by the specification(s) to be made by the Railway Administration, or his nominee, during inspection. 3. PERFORMANCE OF WORK

3.1 The work shall be performed at place or places specified in the tender or at such other place or places as may be approved by the Railway Administration. 4. CLARIFICATION REQUIRED IN SPECIFICATIONS:

4.1 If the contractor have any doubt as to the meaning of any position of the conditions of the Part No. etc he shall (before submitting the tender) set forth the particulars thereof and submit them to the Railway Administration in writing in order that any such doubt may be removed.

5. GENERAL

5.1 These instructions are laid down for execution of Flash butt welding work at site by a robust and sturdy mobile self propelled Flash Butt Welding plant ( Rail cum Road bound) (hereafter called the MF BWP), which should be suitable for aligning & welding of rails and shearing upset welding metal grinding, finishing the rail head on top and side as per the profile within the tolerance specified to produce long welded rails and capable of substantially high output different situations, as laid down in the specifiations.

5.2 Photographs of the type of MFBWP offered in working mode shall be enclosed with the offer. This shall also show close-ups of various working assemblies/ systems and the full MFBWP.

5.3 This specification covers detailed requirement of contract for MFBWP of rails using MFBWP.

6. DIMENSIONAL AND OPERATING REQUIREMENTS

6.1 MFBWP shall be capable of continous operation during the varying atmospheric and climate condition occuring throughout the year.

6.2 Fuel tank capacity / consumable storage capacity shall be adequate for travelling of long distances/ working as the case may be.

6.3 ON ROAD: The provisons of the Motor vehicles Act- 1988 shall be complied with, it shall be the road worthiness of the vehicles from the authorised agencies in India such as the Automobile Research Institute of India, prior to the registration of the vehicle. For plying the vehicles on roads of different classification, if may require special permission from the Ministry of Surface Transport, Government of India.

6.4 Flash butt welding plant: The important characteristics of the flash butt welding plant shall be as under :-

(i) The flash butt welding machine shall be mobile type capable of doing in- situ welds.

(ii) The welding clamps of rails shall provide contact area along the entire web of rail and shall be fitted with spring loaded balls for optimum alingnment of rail ends. (iii) The welding head shall be equiped with an integrated shearing device for shearing of the weld seam automatically, immediately after the welding process has been finished.

(iv) The welder head shall be capable of welding loose rails of 13m ( thirteen ) to 39m ( Thirty Nine ) long rail / 130m (One Hundred Thirty) long rail or of any intermediate length or longer lengths in different situations as laid down in this specification Loose rail shall be placed on one side with long welded rail on other side. (v) The clamping jaw construction should be such that sleeper around the rail joint should not hinder the welding process under opened out fastening condition.

Contractor

(vi) During welding process, rail ends shall be adjusted to a pre-design over -lift value of 0.6mm to 3mm, depending upon type of rail section material and UTS and pre-decided value to avoid dip at weld. The bidder of the machine for this purpose shall give the design over lift values for respective 52 Kg / 60 Kg rails (vii) A recorder system shall be provided for the simultaneous recording of butting pressure, upset and magnitude current duration of welding.

7. DESCRIPTION OF WORK AND SPECIAL CONDITION FOR WELDING BY MFBWP PLANT

7.1 The work comprises of conducting flash butt welding of approximately 10000 welds using contractor's own MFBWP on Jabalpur Division as per requirement of the Railway .The duration of work is 2 years from the date of issuing acceptance letter including Moblisation period of 90 days.

7.2 Rail to be welded by flash butt welding will be of the following type 60/52Kg IRS-T-12-96, 880 Unless other wise superseded by the stipulation of this contract, the welding process and methodology will be governed by the " Manual for flash butt welding of Rails (revised 2012) as corrected upto date issued by Research Designs and Standard Organisation (RDSO), Ministry of Railway, Government of India hereinafter referred to as the Manual.

7.3 Rails of either type, as mentioned in clause above, will be supplied by Railways. The rails in bundles shall be stockpiled near track. It shall be the responsibility of the contractor to pull and align the rails as required and directed by the Engineer with the rails in " head on position without contact with the soil. The contractor shall arrange all the necessary equipments plant and labour to handle, move and distribute the rails for welding . The contractor shall exercise special care in handling of rails so as not to bend or damage them and shall follow the stipulations of " Handling instructions for 90 UTS rails " as detailed in Para 11 of the Manual . In addition the contractor shall maintain on site equipment and labour to straight and re-align rails that may have been bent or damaged during the rail handling process.

7.4 Arrangement shall be made to have test welds and their testing for providing of the flash butt welding technique and competence of welders deployed for welding work.

7.5 The welds shall be finished to final profile by controlled grinding as approved by the Engineer. The finished weld alignment shall be as per specified tolerances. Rail head profile grinding to produce the finished alignment shall not extend more than 300mm ( three hundred ) on either side of the weld.

7.6 All welds shall be marked with on individual number that clearly identities the welder and the weld. This weld number shall be painted on the rail web. The number, once painted in the rail, shall be maintained untill taking over of the work, The weld identification shall contain a maximum of five characters.

7.7 All surface or other irregularities shall be ground flush. Any defect or irregularties in welds which in the opinion of the Engineer cannot be rectified by grinding shall be rejected. These defects joints shall be cut out 20 cms ( twenty) on either side before re- welding at the contractor's expenses.

7.8 Price variation clause will be applicable as per rule placed in tender document.

8. PLACEMENT OF RAILS

8.1 Welded rail panels shall not be dropped into place. While handling rail / rail panels contractor shall exercise special care stipulation of Handling instructions for 90 UTS rails.

8.2 If rail are being welded away from the exact location of their use the single rails and the welded rail panels will be stacked on levelled and well drained platform suitably supported in head on position, till their transportation of the site of their use as per RDSO Drg. No. 4962 for stacking of free rails and welded panels. The welded rail panels should not have contact with soil. Nothing extra will be paid for handling of rails or welded rail panels.

Contractor

shall also indicate the qualification process to be used to certify the personnel on the welding team.

10. OPERATIONS:

10.1 Unloading of rails (which are to be welded) from BFR/BRH/Road vehical shall be carried out with the help of Crane and stacked them in layers at the rails stacking area.

10.2 Transportation of rails (which are to be welded) upto welding plant by dip lorry . Dip lorry may be loaded/unloaded with the help of Crane / Gantry or manually to required place.

10.3 Checking suitability of rails for welding.

10.4 Welding of rail as per Manual for Flash Butt Welding of Rails 2012.

10.5 Testing of joints as per Manual for Flash Butt Welding of Rails 2012.

10.6 The contractor shall employ at his own cost qualified and experience personnel to weld the rails and shall carry out regular test with his own machine, plants and inspections to ensure that the welds comply with the specification details herein. The contractor shall certify his welding team and welding process by undertaking the qualification tests by RDSO . If one member of the team is replaced, the team shall not lose its qualified status. However, if more than one member of team is replaced the entire team shall be required to re-qualify.

10.7 Stacking of welded rail panels is to carried out with the help of Gantries situated at 6.5 metre intervals to suitable place indicated for stacking in layers.

10.8 Loading of panels is to carried out with the help of Gantry.

11. PREPARATION OF RAILS TO BE WELDED:

11.1 All rails to be used for welding shall be examined prior to welding. Rails not meeting with the rail end geomentry as stipulated in clause 3.4 of the manual shall be be straightened as approved by Engineer that shall cause no damages or indentation to the rails. Any rail which cannot be strainghtened to within the above tolerance shall be cut back to a sufficient distance to get the required alignment. All strainghten or cutting shall be done prior to welding . The rails shall be cut clean and square by means of rails saws abrasive cutting disks. Gas torch cutting of rails is prohibited.

11.2 Rail end to be welded shall meet the following geometrical standards-

(a) End bend in the vertical plane not greater than 0.7 mm on a 1.5 m straight edge, sagging end not permitted.

(b) End bend in the horizontal plane not greater than +0.7mm on 1.5m straight edge.

(c) Deviation of the end from the square not greater than + 0.6 mm.

12. Difference in width of rail heads to be welded.

12.1 The difference in the width of rail heads of two rails to be welded shall not exceed 1.0mm for new rails.

12.2 Any difference in the width of rail heads at the welded ends, in case of both new and old rail shall be transposed to one side of the head keeping the other side as perfectly aligned. The aligned side of such welded panels shall be distinctively marked by a distiguishable permanent paint.

be raised by appropriate amount as specified by the bidder or as gained by the experience of the welding team.

14. TESTING OF JOINTS

Contractor

14.1 The contractor shall submit a testing procedure plan covering the test criteria stipulated in clause 10 of the Manual for testing of every joint as well as testing of sample joints. The tests to be conducted shall include visual inspection Dimensional check, Ultrasonic test, Hardness test, Transverse test and Macro examination. For the transverse test, test criteria in respect of 880 Grade rails shall be as stipulated for 60Kg/52Kg rails respectively, in clause 10.2.2.1 of the IRFBWM. 14.2 Setting of lab :-Contractor will have to establish testing lab at site of work with all equipments required for testing as per manual provision before start of work. 14.3 Contracor will make arrangement of chamber for inspecting officer along with attached lat & bath with computer, printer and fax machine for which no extra payment will be made.

14.4 In case of identified weld found defective as per para 10.1.1 & 10.1.3 of IRFBWM the payment for the same shall not be made and contractor have to replace the same with new weld for which recovery @ the rate of Rs. 5000/- will be made for cost of rail etc. and the payment for this weld will be released after testing and found good .

14.5 In case of dimensional tolerance are not found as per para 10.1.2 of IRFBWM , if rectifiable by grinding can be regirnded otherwise the same will be rejected and recovery at the rate of Rs. 5000/- will be made for cost of rail etc. and the payment for this weld will be released after testing and found good.

14.6 In any case the rejection of welds should not be more than 1% .

14.7 In case of sample joint test procedure to be followed as per Para 10.2 of IRFBWM 2012 and correction slip No.1, and in case of sample joint not passing the batch of weld will be rejected.

15. QUALITY CONTROL

15.1 In order to ensure quality control during the welding process, the contractor shall furnish a quality assurance programme to be approved by the RDSO. Such a plan shall have provision for submission of weld records of all welds of intervals not exceeding 1 Km of rail welded into long lengths. The proposed proforma for the maintenance of weld records shall be submitted by contractor for approval. The record shall contain as minimum the following information:

(i) Pre-welding inspection results.

(ii) Physical inspection results.

(iii) Ultrasonic inspection record.

(iv) Weld chainage to the nearest metre.

(v) Weld number.

(vi) Rail grade and section.

(vii) Date of weld.

(viii) Rail temperature at the time of welding.

(ix) Weld test record sheet.

(x) Dimensional check results.

15.2 Copies of certified production welding test results, identifying the rail panel and weld position shall be submitted to the Engineer.

16. TRANSPORTATION AND IMPORTATION OF MFBWP.

Contractor

16.1 Transportation of the MFBWP shall be the responsibility of the contractor including customs and other clearances, taxes, payable and all other related formalities and charges which may be required for the import and export of the MFBWP and also other equipment, spares, consumable, etc which may be required during the contract.

16.2 Contractor shall bear the cost of transfer of the MFBWP or any of its part, when transported in train formation on Indian Railway network for any reason on contractor's account like repairs, maintenance schedules, etc.

17. OUTPUT OF MFBWP AND PENALTY

17.1 The output of MFBWP should be as per Rly. Board letter no. 2011/Track-1/12/1 dt. 16/17.04.2013.

17.2 The penalty imposed against item no. NS-1 should be as per Rly. Board letter no. 2011/Track-1/12/1 dt. 16/17.04.2013.

18. SPECIFICATION OF CONTRACT PART - II (TECHNICAL)

TERMS OF PAYMENTS.

18.1 The rates given in the attached schedule of rates tendered by the contractor and as accepted by the Railway will form the basis of payment for such items under this contract.

18.2 No material price variation or wages escalation on any account whatsoever the compensation for "Force Majure" etc shall be payable under this contract except price escalation payable as per price escalation clause, if any, provided separately in the tender documents if any.

18.3 The rates for any item of work not included in the "Schedule of items, rate and quantities" and which the contractor may be called upon to do by Railway administration shall be fixed by the supplementary written agreement between the contractor and the Railway before the particular item or items of work is / are executed. In the event of such agreement not being entered into and executed the Railway may execute these works by making alternative arrangements. Railways will not be responsible for any loss or damages on this account.

18.4 The contractor shall work in close co-operation with the contractor / departmental staff work in the adjacent sections.

18.5 It should be specifically noted by the Tenderers that no separate loading, unloading and leading charges for materials (which are supplied by the Railways) shall be paid for by the Railways and the rates quoted by the tenderer/s shall be inclusive of all these charges.

18.6 The rates for welding shall be valid irrespective of welding being conducted during day times, nights, Saturdays, Sundays, holidays, etc.

18.7 The payment shall be based as per welding of Rail joint.

18.8.(i) Payment shall normally be made once in a month or at closer intervals depending on the progress of the work.

18.8.(ii) Payment shall be made by the paying Authority after necessary testing and acceptance of the welds by railway or its authorised representative and on production of relevant inspection certificate and certification by respective Inspector-in-Charge duly verified by railway representative, not below the rank of the present contract, and Railway reserve the right to recover to cost of damages due to such accident from the rescinded contractor

20. WARRANTY

20.1 The contract warrants that the welds executed under this contract shall have no defect arising from design, materials or workmanship (except in so far as the design or material is required by the purchaser's specifications) or from any act or omission of the supplier that may develop under normal use in the conditions

Contractor

prevailing at the site.

20.2 The warranty shall remain valid for 36 (thirty six) months after the date of execution of the weld.

20.3 The purchaser shall promptly notify the contractor in writing of any claims arising under this warranty.

20.4 Upon receipt of such notice the Contractor shall, with all reasonable speed, repair or replace the defective welds. No claim whatsoever shall lie on the purchaser for the replaced weld thereafter.

20.5 If the contractor having been notified, fails to remedy the defect within a period of one month, the purchaser may proceed to recover the double cost of weld paid to the contractor plus Rs.5000/- for each defective welds towords the cost of price of rail becoming scrap and other incidental cost without prejudice to any other rights which the purchaser may have against the Contractor under the contract.

21. STUDY OF DRAWINGS AND LOCAL CONDITION

21.1 There are no specific drawing for the work except those shown in Flash Butt manual. It should be noted by tenderer/s that local conditions may vary from site to site and the contractor will do the execution of the work according to the circumstances without making the Railway liable for any claims on account of such changes. 22. NIGHT WORK

22.1 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 without confirming any right on the contractor for claiming any extra payment for the same.

23. SITE INSPECTION REGISTER

23.1 A site inspection register will be maintained by the Engineer or his representative in which the contractor will be bound to sign day to day entries made by the Engineer or his representative. The contractor is required to take note of the instructions given to him through the site inspection register and should comply with the same within reasonable time. The contractor will also arrange to receive all the letter etc issued to him at the site of works.

23.2 The contractor shall have to make and maintain at his own cost suitable approach road and path etc for proper inspection of the various works. He shall also provide all facilities as required by the Engineer, such as ladder and other appliances for satisfactory inspection of the works and places where material for the work are stored or prepared.

24. LABOUR CAMPS

24.1 Land for setting up a workshop by the contractor(s) or for his/their labour camp or for any other purpose shall have to be arranged by the contractor at his/their own cost and under his/their own arrangements. The contractor(s) however, will be permitted to make use of the Railway land to the extent that can be made available to him/them free of cost by the Railway in the vicinity of the site of works. The contractor/s shall at all times be responsible for any damage or trespass committed by his agents and workmen for carrying out the work.

24.3 No claim for idle labour and or idle machinery etc on any account will be entertained. Similarly, no claim shall be entertained for business loss or any such loss. 25. INSPECTIONS

25.1 Zonal Railways / Owner of Mobile flash butt welding plant are required to get the welding parameters standardised for their Flash butt welding plant for different rail chemistry and rail section in consultation with RDSO / LKO before regular operation of the plant RDSO will standardise welding parameters for a particular

Contractor

machine make and model. These standardised parameter shall be circulated to Zonal Railways and shall be applicable for same type of machine working on Zonal Railways also. For Mobile Flash butt welding plant of particular make for which standardised parameter exists, sample Flash butt welding plant (having the testing facilities) in presence of RDSO official to check the compliance of machine. For all Mobile Flash butt welding plant QAP will be approved by RDSO before plant is putup to regular operation. The welding parameters should available with welder of the plant and displayed at appropriate point on the plant. Afterwords all inspections will be carriedout as per standardisation done by RDSO.

25.2 Inspection shall be carried out at various stages of work by authorised Railway representatives or other authorised Agency as decided by purchaser and the Contractor will make all arrangements for conducting the testing / inspection in presence of the inspecting Officers. Inspection and testing Plan has to be submitted by the tenderer to demonstrate his concern for the quality product. In case the tenderer is ISO-9000 Quality Certified Agency, Quality Manual and Procedure Manual are to be submitted along with the offer.

25.3 Inspection and testing will be done as per para 10 of IRFBWM.

26. PERMISSION TO WORK ON INDIAN RAILWAY SYSTEM

26.1 The contractor(s) shall be responsible for obtaining necessary authorizations clearances, wherever required, for the movement of contractor's equipment on Indian Railway system

26.2 The contractor(s) shall submit detail competency certificate of working MFBWP, technical qualification and experience of their workmen, operator, supervisor 27. INSURANCE

27.1 The contractor shall demonstrate that he/they has/have necessary systems and provisions to pay compensation for any work related errors, damages, or accidents, which may occur. As a part of the provisions for the purpose of this bidder, the contractor(s) may have third party insurance on the usual terms, which shall cover liability for compensation for any damages the contractor(s) may cause to the Indian Railways or a third party, or any thing connected to the execution of the work. The insurance policy shall not contain any provisions, which would diminish Indian Railway's right to claim compensation directly from the insurance company. The contractor(s) shall submit necessary proof of the insurance to Indian Railways prior to commencement of the work.

28. TIME SCHEDULE

28.1 The basic consideration and the essence of the contract shall be the strict adherence to the time schedule for the services offered

28.2 The time and the date specified in contract for the services performed shall be deemed to be essence of the contract and the services must be completed not later than the date so specified

28.3 The duration of contract would be 2 years including mobilization period 90 days of plants etc. at site.

29. MINIMUM REQUIREMENT OF PLANT AND MACHINERY

29.1 Tenderers may please note that the execution of work is highly mechanized and will involve arrangements of the Mobile Flash Butt Welding Plant. The contractor(s) will have to employ adequate number of MFBWPs to achieve the progress as stipulated.

30. PROVISION OF LIGHT SIGNALS ETC

30.1 The contractor(s) shall makes such provision for lightening the works, material and plant and provide all such marks and lights, signal and other appliances as

Contractor

may be necessary or as may be required by the Engineer or other responsible authority during the execution, completion and the maintenance of the work and shall provide all labour, stores etc required for their efficient working and use at any time of day or night. He/they shall also provide all arrangement of every description of watching and maintenance required in connection with the for going and all other services for protection of any securing all dangerous places whether to the contractor workmen or other persons and or vehicular traffic until the work is certified by the Engineer to have been completed and taken over in accordance with the contract.

30.2 The contractor(s) will provide upon the works to the satisfaction of the Engineer and at such places as he may nominate, proper and sufficient life-saving, fire fighting and first aid appliances which shall at all times be available for use.

Notes: -

1. The contractor shall not start any work without the presence of railway supervisor or his representative and contractors supervisor at site. The Engineer in-charge shall approve the methodology proposed to be adopted by the contractor, with a view to ensure safety of trains, passengers and workers and he shall also ensure that the methods and arrangements are actually available at site before start of the work and the contractor’s supervisors and the workers have clearly understood the safety aspects and requirements to be adopted/followed while executing the work. There shall be an assurance register kept at site, which will have to be signed by both, i.e. Railway supervisor or his representative as well as the contractor’s supervisor as a token of their having understood the safety precautions to be observed at site.

2. A daily progress register shall be maintained at site furnishing details of work/location, starting and closing time and all other requisite information regarding worksite. Railway’s as well as contractor’s supervisor will sign the daily progress register.

3. Flagmen at either side of the worksite shall be provided to give the warning of the arrival of the train to the staff working at site.

4. Work affecting safety will be operated under block made available.

5. Work will be carried out under speed restrictions required and imposed by Engineer-in-charge at site.

6. All safety precautions during the work shall be taken to pass the traffic safe.

7. The Railway Administration reserve the right to operate fully or partly delete any items of this tender schedule if required and the contractor will have no right to claim on this account 8. The work should be executed in a "work man - like manner" to the satsifaction of the Enginee in charge at site.

9. The quantities for the above items are approximate and are variable. The contractor will have no claim due to variation/deletion of items.

10. Work will be carried out as per Rly’s specification.

11. Contractor shall be wholly responsible for safety of traffic during execution of work & provide safety measure at his own cost, if necessary.

12. Contractor shall arrange "train approaching warning device" (Hooter) at site.

13. The work involves carrying out with flash butt welding of rails all auxiliary works required for successful operation of the work at site using contractor’s own labour,

Contractor

Mobile Flash Butt building plant, infrastructure, machineries and all other tools & plants. The contractor has to make his own arrangement for labour, rail dolly’s, rollers and other equipments necessary for transportation of free rail/3 rail panel, 5 rail panels from and to TRR site to depot/welding site or from one TRR site to other in continuation with the works without blockworking. He will have to make all necessary arrangements for maintaining safety at work site as directed by Engg. Supervisor Incharge. All cuts are to be made perfectly square with the help of Abrasive disc cutter only. Abrasive disc cutter, skilled artisan staff consumable and other tools and plants required for cutting will have to be arranged at site by the contractor. Number of rail cuttings abrasive disc cutter, rail dollies,rollers,manpower etc to be deployed at site should match with the desired progress and in consultation with the Engg incharge. One skilled artisan along with helper khallasi have to be arranged for each abrasive disc cutter machine by the contractor.

Work involves preparation of free rails into 3/5/10 rails panel , 3 rail panels to 9 rail panels or 5 rails to 10 rail panel

14. The tenderers are required to quote a single percentage above/par/below the basic rates of all MS and NS items in the rate sheet provided below. 15. The vehicle shall ply 6 M clear of track, any movement /work at less than 6 M and up to 3.5 M (minimum) clear of track center, shall be done only in the presence of Rly. Employee authorized by the Engineer-in-charge. No part of the road vehicle will be allowed less than 3.5 M from track Center.

16. Tenderers should note that their vehicles and equipments can be drafted by the Railway administration in case of accidents/natural calamities involving human lives.

RATE SHEET SN Group AL value Add %age for escalation,

based on LAR dt. 17.05.13 Rly's estimated value based on

updated LARs

1 A (Items of LAR May 2013 - SN 1 to SN 4) 77106532.33 13.456% 87481987.32 2 B (Item of LAR 2011 - SN 5) 1858915.00 47.00% 2732605.05 3 C (Item of Base rate 1990 - SN 6 and SN 7) 146661.70 297.00% 582246.95 Total 9,07,96,839.32

Tenderer Address DRM(W) JBP

Contractor

END PAGE OF TENDER DOCUMENT

TD 215-15- FBW revisedwcr.indianrailways.gov.in/wcr/notice/1453894464108... · Page 2 Contractor...

Documents

Transcript of TD 215-15- FBW revisedwcr.indianrailways.gov.in/wcr/notice/1453894464108... · Page 2 Contractor...