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1 EAST CENTRAL RAILWAY TENDER NO. TRD/DNR/OT/09/2013-14 TENDER PAPER FOR Replacement of Existing SCADA system By Sport Protocol Software SCADA system At RCC/Danapur in Danapur division of East Central Railway Issued by:Sr. Divl. Electrical Engineer(Tr.-D) East Central Railway Danapur Copy No. : Issued to: M.R. No. : Price : Rs. 10000/- Scada Sport,13 2 CONTENTS ----------------------------------------------------------------------------------------------------------------------------------Part. Chapter No. Subject. Ref No. Page No. From To -----------------------------------------------------------------------------------------------------------------------------------SPECIFIC CONDITIONS (PART-A) Preamble PART-I Chapter-IV 1 9 Explanatory Notes of Schedule-1, Schedule of Prices. - 10 19 PART-III Particular Specification. - 20 24 PART-IV Annexure. - 25 38 PART-V Forms of Tenders etc. - 39 66 GENERAL CONDITIONS (PART-B) PART-I PART-II Chapter-I Instructions to Tenderer and conditions of tendering. - 67 81 Chapter-II Conditions of contract. - 82 107 Chapter-III Prices & Payment. - 108 116 Details of service conditions, traction system, equipments, design, technical data, technical deviation, spares, erection, testing and commissioning based on latest specification of RDSO. - 117 118 ***************** Scada Sport,13 3 PART - A SPECIFIC CONDITIONS Scada Sport,13 4 PREAMBLE TO TENDER PAPER NO.TRD/DNR/OT/02/2013-14 1. SCOPE: These tender papers relate to design, supply, installation, testing and commissioning of Standard Supervisory Control and Data Acquisition (SCADA) equipments along with comprehensive maintenance contract of SCADA system for 05 years after warrantee period for control of Traction Sub-Stations and Switching Stations for 25 kV A.C. Single phase, 50 C/S, Electric Traction of JAJ-MGS and PNBE-GAYA section in Danapur division of East Central Railway. The scope of the work shall be as per RDSO Specification No TI/SPC/RCC/SCADA/0990(5/07) (Vol I & II), mend.No.1(8/2008) or latest. The estimated value of this work is Rs. 21804270/2. TENDER BID The TENDER Bid shall be submitted in only one sealed covers under single packet system as below: Section -I Eligibility /Qualifying elements of Tender Bid. Section - II Technical, Commercial and Price elements of the Tender Bid. The details to be included in Section -I and Section -II are given Para 1.1.7. 3. QUALIFYING CRITERIA FOR COMMERCIAL BID. The tenderer shall be required to meet the following eligibility requirements: (i) Technical capability. (a) Experience: i) The tenderer should have successfully completed at least one similar single work for a minimum value of 35% of advertised tender value of this work, during the last three financial years (i.e. Current year and three previous financial years). * Definition of similar SCADA system i) Design, Supply, Erection, Testing and Commissioning of Railway SCADA or, any SCADA system consisting of a Master Station (comprising of one or more Pentium based computers) and involving minimum 10 nos. of RTU's with each RTU being PC / Microprocessor based, remotely located and in unmanned condition. ii) The Tenderer is required to give a list of work 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 contract in the Form - 12. iii)) The firm should also confirm that they have working knowledge of communication protocol (IEC-870-5) in confirmation to RDSO Specification. No. TI/ SPC/RCC/SCADA/0990(5/07) Vol&II, Amend No.1 (8/2008) or latest. (b) Supporting documents. The tenderer is required to give complete details as per Proforma-12. Original/Attested copy of completion reports/performance reports should also be submitted by the tenderer, which shall be considered at the time of tender evaluation. Certificates from Private individuals for whom such work are execute/ being executed shall not be accepted. Scada Sport,13 5 (ii) Engineering Organization: (a) The tenderer should have adequate engineering Organization required for execution of the tendered work. Details should be furnished in Form-12. Firm should furnish list of personnel, organization available on hand and proposed to be engaged for the subject work. The tenderer should have proper drawing office to support design/development of product and should take adequate safety precaution during the production. In addition tenderer should have complete control over the structure design, modification/alteration of basic structure of RTU including communication protocol. (b) The tenderer should have adequate no. of software and hardware engineers conversant with SCADA system communication technique and knowledge of communication protocol, preferably on IEC 870. Tenderer should have in house capability to write/ develop protocol. (c ) The tenderer should have adequate staff/ manpower to commission SCADA system anywhere in India and should have adequate Service Center in the country. (d) The tenderer should have dedicated group for SCADA development and support. The profile of the setup to be given, list of qualified engineers employed (whether they are associated for the last five and ten years continuously). Relevant certificates to this extent are required to be submitted. (iii) Construction Machinery: The tenderer should have all the construction machinery, tools, plants and vehicles etc. required for execution of the Tendered work. The details shall be furnished in Form-12. Firm should furnish list of plant and Machinery available on hand (own) and proposed to be indented (owned and hired to be given separately) for the subject work. (iv) Financial Criteria: The tenderer shall produce following documents along with the bid: Total contract amount received during the last THREE financial years and in the current financial years, should be a minimum of 150% of advertised tender value. The supporting documents in this regard should be submitted i.e. attested certificate from the employer/client, audited balance sheet duly certified by charted Accountant. The documents are required to ascertain company's financial standing. (v) Quality Control: (a) The tenderer should have adequate covered accommodation for the purpose of effective storage of inward raw material, and the finished product awaiting dispatch and Prototype/routine inspection. The tenderer should have an effective quality control system to monitor quality control of the: Inward raw material Stage inspection at various assembly stages such as PCB Inspection before and after soldering inspection, IC Functionality check, transducer testing, modem functionality test etc. Inspection of the final assembled product to Confirm adherences to the requirement/spec. Test equipment to test designed feature of SCADA system, MODEM and simulators to simulate field signals, Current Injection set, Variable and stabilized as voltage Source, Variable PF source of the adequate range. Scada Sport,13 6 (b) The tenderer should have acquired ISO-9000 certification for the product broadly, for which approval is being sought .The system of easy tractability of the product from the raw Material stage to the finished product stage should be available. (c) The tenderer should have a system of monitoring the supplied product complaints. The complaints made by the customer should be identifiable to the various production stages of the product and linking the complaint for corrective and preventive action for the product. (d) Quality assurance plan for the product detailing following aspect should be available – Organisation chart Flow process chart Stage inspection details Various parameters to maintain the control over the manufacturing. (e) Quality manual of the tenderer indicating the extent of the firm indicating the extent of control over production and testing. (f) At least a diploma holder must be the head of the Inspection /testing /final control section within 5 years Experience in the relevant fields. (g) System of documentation in respect of rejection at the Customer and its warranty replacement should be available. System should exist for documentation of the following: Incoming raw material with the reference of Supplier as well as internal test. Details regarding stage inspection and test results Details regarding the final testing and dispatch To the customer in proper packed condition. System for calibration of testing and measuring Instruments. Quality assurance plan (QAP) shall be approved by RDSO. (vi) Offers of only those Vendors who are on the approved list of RDSO, for standard SCADA system, will be considered. NOTE:- Besides above, the tenderer should furnish details as mentioned in Para 1. 1.21 (Form12) of the TENDER PAPER in Section - I (i.e. Eligibility / Qualifying elements of Tender Bid). 4. FOREIGN EXCHANGE: No foreign exchange and/ or import license will be released /provided to the contractor in connection with this Contract. 5. EARNEST MONEY: (See Para 1.1.5). The tenderer shall deposit earnest money with the Financial Advisor & Chief Account officer, East Central Railway, Hajipur, payable at Patna or his successor/nominee. Value of the work 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 Rs 2 lakhs plus 1/2%(half percent) of the excess of crore. estimated cost of work beyond Rs. 1 crore subject to a maximum of Rs. 1 crore. The earnest money is rounded to the nearest Rs. 10/-. The tenderer shall deposit Earnest Money of Rs. 2,59,030/- with the Financial Advisor & Chief Account Officer, East Central Railway, Hajipur, payable at Patna or his successor/nominee in the manner detailed in para 1.1.5. Offers received without requisite amount of Earnest Money shall be summarily rejected. 6. SECURITY DEPOSIT: (See Para 1.2.17). 1. If the tender is accepted, the Earnest Money deposited by the contractor with his tender will be retained by the Railways as part of security for the due and faithful fulfillment of the contract by the contractor. The balance to make up the security deposit , the rate are which are given below, may be deposited by the Scada Sport,13 7 contractor in cash or may be recovered by percentage deduction from the contractor‟s “On Account” bills. Provided also that in case of defaulting contractor the Railway may retain any amount due for payment to the contractor on the pending “on account bills” so that the amounts so retained may not exceed 10% of the total value of the contract. 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(except Note (ii) below); FD, etc. shall be accepted towards Security Deposit. Security Deposit shall be returned to the contractor after the expiry of the maintenance (Guarantee) period in all the cases other than Note (i) mentioned below and after passing the final bill based on No claim certificate with the approval of the Competent Authority . The Competent Authority shall normally be the Authority who is competent to sign the contract. If this Competent Authority is of the rank lower than JA Grade, than a JA Grade Officer (Concerned with the work) should issue the certificate. The certificate, inter alia, should mention that the work has been completed in all respects and that all the contractual obligations have been fulfilled by the contractors and that there is no due from the contractors to Railways against the contract concern. Before releasing the SD, an unconditional and unequivocal no-claim certificate from the contractor concerned should be obtained. NOTE (i) After the work is physically completed, security deposit recovered from the running bills of a contractor can be returned to him if he so desires, in lieu of FDR/irrevocable Bank Guarantee for equivalent amount to be submitted by him. (ii) In case contracts of value Rs.50/- crore and above, irrevocable Bank Guarantee can also be accepted as a mode of obtaining security deposit. 3. No interest will be payable on the earnest money and the security deposit or amount payable to the contractor under the contract, but Government Securities deposited in terms of Sub- clause(1) of this clause will be payable with interest accrued thereon. 7. PERIOD OF COMPLETION: All works relating to design, supply, erection, testing and commissioning of the computer based SCADA system covered under scope Para-1, shall be completed within 12 (Twelve) months from the date of issue of the Letter of Acceptance 8. LAST DATE FOR SUBMISSION OF TENDERS: The Tenders shall be submitted (with name of the tendered work on the cover of the envelops of tender bid as " Replacement of existing SCADA system by SPORT protocol software SCADA system over Danapur division of East Central Railway” in the manner prescribed in Para 1.1.22 of the TENDER papers not later than 12.00 hours (Indian Standard Time) on 04.12.2013 in the office of the Chief Electrical Engineer, East Central Railway, Hajipur, Sr. Divisional Electrical Engineer(TRD), East Central Railway, Danapur & Dhanbad or his successor/ nominee (whose address will be intimated in due course). 9. DATE OF OPENING OF TENDERS: The Tenders will be opened at 12.30 hours (IST) on 04.12.2013 in the office of the Chief Electrical Engineer, East Central Railway, Hajipur, Sr. Divisional Electrical Engineer(TRD), East Central Railway, Danapur & Dhanbad or his successor/nominee (whose address will be intimated in due course). NOTE: In case the date of TENDER opening happens to be a holiday, the TENDER shall be opened on the next working day in the same manner as specified above in Para 8 and 9. Scada Sport,13 8 10. ADDRESSES: (See para 3.11) JAJ – MGS & PNBE-GAYA section shall be controlled by the Sr. Divisional Electrical Engineer(TRD), East Central Railway, Danapur or his successor /nominee whose address will be intimated in due course). Relevant address for the various purposes connected with the TENDER is given in para 3.11. 11. Modification of terms and conditions: Any deviations which may have financial implications should not be asked for in the tender offer and such offers (with deviations having financial implications) are likely to be rejected without assigning any reasons thereto; the decision of Railway administration in this regard will be binding on all the tenderers. It should be ensured that the prices shall be firm, inclusive of all taxes, including Sales Tax on works contract, state entry tax, duties & any other surcharges or levies which are in vogue or leviable at the time of submitting the offer. Any other modifications and terms & conditions of the tender papers, also may not be asked for unless considered very important and inescapable to the execution of the tendered work. Full justification and rationale for asking for such deviations should be submitted along with the offer. However, it is pointed out that the decision of the Railway shall be final in accepting or rejecting such deviations. The clause-wise compliance with tender conditions and statement of deviations, if any, shall be submitted as per form-4 (b) along with bid. 12. Supply of materials by the Purchaser. The Tenderers special attention is invited to Annexure-4, wherein the materials, which would be supplied by the Purchaser to the Contractor for erection, are listed. The Tenderer shall ensure that the cost of supply of materials listed in Annexure-4, are not included in the prices quoted against various items of work in Schedule-1. 13. While submitting the tender for technical scrutiny, the tenderer must submit technical details as specified in Annexure-4 of RDSO specification No.TI/SPC/RCC/SCADA/0990(5/07) Volume-I & II, Amend. No.1(8/2008) or latest. 14. General Condition of Contract General condition of contract' of concerned Rlys as amended for advance correction slips issued upto date of issue of LOA, shall be part of the contract. This may be obtained by the tenderer/ contractor on payment from any Divisional Rly Manager's office of concerned Railways in which the present section lies. 15. In case the Tender Paper has been downloaded by the tenderer from the Indian Railway web site, the tenderer shall have to enclose a Demand Draft (D.D.) for the value as mentioned in tender notice and drawn in favour of FA&CAO/East Central Railway, Hajipur, payable at Patna along with bid document. 16. Performance Guarantee. The procedure for obtaining Performance Guarantee is outlined below: (a) The successful bidder shall have to submit Performance Guarantee (P.G) 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 upto 60 days from the date of issue of LOA may be given by the Authority who is competent to sing the contract agreement. However, a penal 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 b e debarred from participating in re-tender for that work. (b)The successful bidder shall submit the Performance Guarantee (PG) in any of the following forms, amounting to 5% of the contract value : (i) A deposit of cash, (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. Scada Sport,13 9 (v) Guarantee Bonds executed or Deposits Receipts tendered by all Scheduled Banks; (vi) A Deposit in the Post Office Savings Bank; (vii) A Deposit in the National Savings Certificates; (viii) Twelve years National Defence Certificates; (ix) Ten years Defence Deposits; (x) National Defence Bonds; and (xi) Unit Trust Certificates at 5 % below market value or at the face value which ever is less. Also FDR in favour of FA & CAO/E.C.Rly./Hajipur , (free from any encumbrance) may be accepted. ( c) The 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 P.G to be submitted by the contractor will not change for variation utp 25% (either increase or decrease). In case during the course of execution, value of the contract increases by more than 25% of the original contract value , on additional Performance Guarantee amounting to 5% (five percent ) for the excess value over the original contract value shall be deposited by the contract. (e) The Performance Guarantee (P.G.) 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 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 form participating in the tender for the balance work 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 contractor 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. iii) 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. ************** Scada Sport,13 10 PART-I CHAPTER-IV EXPLANATORY NOTES OF SCHEDULE-I SCHEDULE OF PRICES Scada Sport,13 11 PART-I CHAPTER-IV EXPLANATORY NOTES OF SCHEDULE-I SCHEDULE OF PRICES Section -I -General 1.4.1 Explanatory notes for various items of work in Schedule Section 1 and 2 are given below: - 1.4.2 Wherever an item of work covers supply of materials and/ or erection, such item shall include all bolts, nuts, locknuts, Washers etc. 1.4.3 Erection of any item of equipment, whether supplied by the Contractor or by the Purchaser will include testing, commissioning and bringing the equipment into operation in accordance with Part II, and to the satisfaction of the Purchaser. 1.4.4 Special notes for measurements are included in Section-2 of this Chapter under various items, where necessary. 1.4.5 Reconciliation of materials supplied by the Purchaser, if any (See Para 1.2.20). (a) The following procedure shall be adopted for the final reconciliation of the various equipments and materials, supplied by the Purchaser in terms of Para.1.2.20 (b) All the materials supplied by the Purchaser shall be correctly accounted for the quantities reconciled on completion of the work by the Contractor. On completion of the work all surplus materials supplied by the Purchaser together with the ones found defective or that have become defective or broken on account of defective materials and/ or workmanship shall be returned to him by the Contractor. (c) If there are any shortages during final reconciliation, their cost will be recovered by the Purchaser from the Contractor at the prices inclusive of all charges as specified in the note below:NOTE: If there are any shortages during final conciliation, their cost will be recovered by the Purchaser from the Contractor at the issue rate or the market rate prevailing at the time of supply, whichever is higher plus 5% on account of initial freight, 2% incidental charges together with supervision charges at 12.5% of the total cost (inclusive of material, freight and incidental charges) or schedule 3 rate whichever is higher. This recovery will be made from any bill submitted by the contractor subsequently either "on account "or "progress payment". Freight between the purchaser's source of supply and the contractor's depot or Rail head shall be to the contractor's account. 1.4.6 The scope of work shall be approved to supply the entire SCADA system/equipment/hardware/ as per RDSO specification No. TI/SPC/RCC/SCADA/0990(5/07) volume-I & II, Amend.No.1(8/2008) or latest. However, the software for RCC has to purchase from RDSO approved software vendors only. 1.4.7 The scope of work shall also include effective liaison with the software vendor and RDSO to understand the standard SCADA system as a whole. Periodic meeting shall be held with RDSO and the software vendor to ensure effective working of the SCADA system as a whole. *********** Scada Sport,13 12 SECTION -2 : PARTICULARS Item No. 1: Supply of Designs, Drawings, manuals and training of personnels: The price shall cover on a flat rate basis preparation, submission and approval from Purchaser for all designs and drawings required in connection with supply, erection, testing and commissioning of supervisory control and Data Acquisition System for the remote control center and the controlled stations listed in Annexure-2. The price shall include the supply of requisite number of copies of designs, drawings, operating, maintenance and trouble-shooting manuals, technical booklets, training of personnels and completion drawings as mentioned in RDSO’s standard specification No TI/SPC/RCC/SCADA/0990(5/07) Vol –I & II, Amend.No.1(8/2008) or latest. Item No.2 (a),(b) and (c) :Supply of Supervisory Control& Data acquisition (SCADA) system at the Remote Control Center: The lump sum price shall include the supply of standard Supervisory Control and Data Acquisition system as per RDSO specification No TI/SPC/RCC/SCADA/0990(5/07) Vol– I&II, Amend.No.1(8/2008) or latest. There shall be two work station (first of 3 PCs and second of 3 PCs) and main and standby computer and FEP process. The peripheral hardware for these PCs shall be as defined in the RDSO standard specification volume-I, chapter-2. The price shall also include supply of one supervisory console PC, one laptop (Dual core Intel Pentium processor at 3.2 GHz or higher) and associated MODEMS for remote SCADA monitoring through a DOT Link. The price shall also include the cost of any steel cabinets required for housing the equipments and also the materials required for internal wiring and mounting the cabinets in the position. The cost shall also cover testing of the system at the manufacturer’s works. The tenderer can offer a better version than this in case of obsolescence, however in such a case tenderer shall indicate the deviations clearly. The price shall also cover the license fee for the supply and installation of Standard Electric Traction SCADA Software. The successful tenderer has to purchase this from the RDSO approved supplier for standard software as per RDSO Specification No. TI/SPC/RCC/SCADA/0990(5/07) Vol– I&II, Amend.No.1(8/2008) or latest. Item No.3 : Supply of Supervisory Control & Data acquisition equipment (SCADA) at the Controlled Stations(RTUs). Rates will be quoted for each controlled station listed in Sch.1. The lump sum price shall cover on a flat rate basis the cost of Remote Terminal Units per controlled station. The price shall also cover the cost of power supply units, modem, memory units, digital input/output module, interposing Contactors, surge arrestors and the steel cubicles required for housing the RTUs, cost of interconnecting cables and wiring etc., and all materials necessary for proper functioning of the RTUs. The price shall also cover testing of materials and equipments at the manufacturer's works. The RTU shall be supplied in accordance with RDSO’s standard specification No. TI/SPC/RCC/SCADA /0990(volume-I) or latest and shall be capable of working on standard communication protocol as defined in volume-II of this specification. The price shall also cover the cost of supply of catenary Voltage, indication circuits, under voltage circuits, voltage failure circuits and necessary interposing Contactors/relays/opto couplers to meet the requirements of RDSO’s specification. The number of tele-signals given against each of the controlled stations in the Schedule does not include the tele-signals required for signaling defects in the operation of remote control equipment. The cost shall also include the provision of these tele-signals. Prices shall also cover provision of separate earthing of communication cable shield at controlled stations: The advance copper bonded Earthing Electrodes should be provided of RDSO specification No. RDSO/PE/SPEC/PSO/09-2008. NOTES: RTUs supplied for the controlled posts shall include the necessary transducers, summation CT'S, PT, supply change over arrangement, digital analogue input modules, limit settings, modems, Scada Sport,13 13 CPU cards, power supply unit, surge arrestor, relays and contactors etc. at Traction sub-stations and SPs for different analogue parameters and measures. Item No.4: Supply of computer cabinets for housing SCADA equipments: The lumpsum price shall cover the supply of furniture for two operators to work independently and shall meet the requirements as enumerated in RDSO standard specification No TI/SPC/RCC/SCADA/0990 (5/07) Vol– I&II, Amend.No.1(8/2008) or latest. The price shall include all control accessories required to be provided at the console Desk except for the colour VDUs with their Keyboards and Data Logging printer, which shall be supplied under Item 2(a) & 5 respectively. Item No.5: Supply of Data-logger Printer: The price shall cover supply of HP business Inkjet 1000/1200 series printer with minimum 32 MB RAM 4 MB ROM and network ready connectivity capabilities with provision of one USB port suitable to work as input/output terminal to the computer for data logging purposes. The Data Logger shall meet the requirements as enumerated in RDSO standard specification No. TI/SPC/RCC/SCADA/0990 (5/07) Vol– I&II, Amend.No.1(8/2008) or latest and shall be complete with all its accessories, interfacing equipments, connecting cables etc. required for its efficient operation. Item No.6: Supply, installation & commissioning of 110V, 200 AH Battery: The price shall cover supply, installation & commissioning of Low Maintenance Lead-Acid battery 110 V, 200AH. The battery shall meet the requirements as enumerated in chapter 7,section 7 of the RDSO standard specification No TI/SPC/RCC/SCADA/0990 (5/07) Vol– I&II, Amend.No.1(8/2008)or latest and shall be complete with all parts and accessories including stand and a tool board required for its efficient operation. Item No.7: Supply of spare RC cards: The lumpsum price shall cover the supply of spare RC cards to meet the requirements as enumerated in RDSO standard specification No TI/SPC/RCC/SCADA/0990 (5/07) Vol– I&II, Amend.No.1(8/2008) or latest. Approximate quantity & type has been mentioned at annexure-3. Item No.8: Supply of special tools & Plants: The lumpsum price shall cover the supply of special tools & plants to meet the requirements as enumerated in RDSO standard specification No TI/SPC/RCC/SCADA/0990 (5/07) Vol– I&II, Amend.No.1(8/2008) or latest. Approximate quantity & type has been mentioned at annexure-3. Item No.9: Supply & commissioning of Master clock: The price shall cover the supply and installation of two digital master station clocks along with all its accessories required for its efficient operation. The master clock should be synchronized with the system clock so that clock timing will match with the computer time. Two wall mounted type digital; clock with 50 mm display height shall be provided at RCC as under: . (i) One clock in the equipment room (ii) One clock in TPC room. Item No 10: Installation & commissioning charges of item No.2 & 3: The price shall cover the cost of erection of various items of equipments, the supply which is covered under above mentioned items at the Remote control center and at the controlled stations. The cost of erection shall cover the cost of transportation of equipments to site, their positioning, fixing and their alignment for smooth and trouble free operation. It shall also include the cost of interconnecting cables, laying of cables, wiring, connection to batteries, UPS, surge arrestors, operator console etc. and all other works necessary for proper functioning of the equipments. The cost of erection shall also Scada Sport,13 14 include carrying out liaison meetings with software supplier or at the site of work in order to finalise any matching details between the RCC software and the hardware vendor. The price for erection shall also include cost of adjustments, testing after erection at site, commissioning and setting to work all items or equipments as specified and as considered necessary by the purchaser. The price for erection shall also cover all cost of administration of the contract, insurance Premia, banker's charges for guarantee, cost of stamps and charges for loading and unloading, handling and storage of materials and for any road transport which the Contractor may use for carry of materials between their depot and site of work, other than charges which are reimbursable by the Purchaser. It shall also include the cost of erection of separate earthing if required as per the requirement of RDSO standard specification No TI/SPC/RCC/SCADA/0990 Volume-I or latest of communication cable shield at controlled stations. It shall also include coordination between hardware supplier and software supplier. Adjustment Rates : The following adjustment rates shall be indicated: (a) Adjustment rates for Traction Sub-Station. (b) Adjustment rates for SP (c) Adjustment rates for SSP NOTE: 1. The price for the above adjustment shall be indicated to cater for any change in the scope of the work which may be advised by the Purchaser during the currency of the contract. This rate will be effective both in case if any posts are added/ deleted from the scope of the work as indicated at the time of tendering or in the Letter of Acceptance subject to the conditions laid down in para 1.2.34 (a) of the Tender Paper. 2. The price will include the cost of Remote Terminal unit at controlled station as per item-3 of this schedule as well as the necessary equipments to be added/deleted at the Remote Control Center. The price shall also include the equivalent price for erection charges thereof along with the supervision of operation and maintenance on pro-rata basis. 3. The price shall also include the cost of surge arrestors, catenary indication circuits, under/low voltage circuits, interposing contactors and necessary telemetering equipments etc. Item No. 11 Comprehensive Maintenance Contracts Of SCADA System for 05 Years. (i) Scope Of Work: The scope of work includes comprehensive maintenance (preventive maintenance and break down attention) of SCADA System complete with all software, RCC equipments, RTUs including replacement of defective parts and accessories. The work shall also include replacement and bringing into operation new equipments as replacement or upgradation during the currency of the contract. All functional equipment supplied by the contractor for SCADA system (excluding items such as furniture) shall be in the scope of maintenance contract. (ii) RCC: All the equipments that are integral part of SCADA system at RCC along with their accessories shall be included in the maintenance contract. (iii) Remote Terminal Units (including surge suppressors) : Approximate Quantity shall be as under:A SSP - 25 Nos B SP - 10 Nos C TSS/FP - 09 Nos Scada Sport,13 15 2.0 Period of Contract : Comprehensive annual maintenance contract will be valid for a period of 05 year after expiry of 36 months guarantee period as per tender condition. 3.0 Maintenance: 3.1 The contractor shall carry out inspection of complete SCADA system for servicing, checking of individual components/devices/cards/plug and sockets etc. If any component found faulty should be rectified/replaced properly. This shall include equipment/sub assemblies such as monitor, CPU, modems, Printer, Key Boards, LAN hub, UPS & battery & cards etc. at RCC and power supply unit, modems, various modules and all types of cards etc at RTU. All such replacement/rectification must be intimated to concerned Railway officials. In case of any design inadequacy is noticed or repeated failures of same equipment or similar type of components, a thorough investigation is to be carried out by utilizing the services of R&D department. In order to arrest such failure modification in the system, design up gradation etc. may be implemented to maintain reliable and efficient services of complete system. 3.2 All maintenance instructions/schedules prescribed by OEM for daily /monthly/ quarterly/ annual maintenance shall be strictly followed. All servicing should be done in accordance with approved drawings, RDSO maintenance instructions and specifications. System configuration and wiring shall not be generally changed/altered with respect to installed/present status unless it is extremely necessary for suitable operation and normalization of system. After thorough servicing contractor's representative shall record all the work done/pending or warning for wearing/ageing of equipments/components in the register. 3.3 Hardware and Software Maintenance & Up gradation: The contractor shall ensure smooth and trouble free operation of SCADA system during entire AMC period. However, if SCADA system does not meet the desired performance and defects continue to persist either due to operating system upgraded & old version not supported or hardware components not available as obsolete. In these conditions, contractor shall upgrade the system free of cost and Railway shall not be liable to upgrade any software or hardware configuration in compliance with RDSO specification No.TI/SPC/RCC/ SCADA/0990 (5/07)Vol.I & II, Amend.No.1 (8/2008) or latest. The RCC computers shall also require replacement due to rapid change in technology, ageing and obsolescence during the period of AMC as per following periodicity: S.N. 1 2 3 Equipment All Computers i.e Work Stations PC(s), Servers for Main and standby Masters (Host) , servers for Main and Standby Front end processors (FEP's,), Supervisory PC along with monitors & Printers Low maintenance lead acid battery UPS (Uninterrupted Power Supply) Periodicity 5 Years 6 Years 6 Years In addition to above 10% or 01 (one) whichever is higher of the total holding of the different types of cards/modules of RTU (e.g. DI, DO, CPU, AI, PSU, built in MODEM card etc.) shall be handed over to the purchaser after 7 year or completion of the AMC period for using as spares for remaining life of the SCADA system. The SCADA vendors shall include this aspect in AMC while quoting prices for 05 years AMC. 3.4 Configuration of any additional equipment/RTU arising out due to change in layout/ addition of BM/CB etc shall be done free of cost in compliance with RDSO specification No.TI/SPC/ RCC/ SCADA / 0990 or latest. 3.5 Each breakdown or failure of any components or malfunctioning of equipments are to be explained by contractor along with remedial measures to be adopted to avoid such reoccurrence. 3.6 Break Down and General Maintenance at RCC: Contractor’s representative shall be available in prime shift on all days including Sundays and holidays. The site engineer shall try to restore any failure Scada Sport,13 16 /breakdown within minimum possible time. Abnormal status, Portmon data (If any) will be saved for analysis at a later stage. The site engineer shall be fully conversant with the configuration of master station SCADA software and shall be required to load the OS (Operating System) and application software in one or more computer as per requirement. 3.7 Preventive Maintenance at RCC: 3.7.1 Daily Maintenance: Site Engineer shall check the system as per the complaint book maintained by RCC supervisor /TPC. He shall ensure that all SCADA computers with associated equipments are working satisfactorily. Time setting of RCC computers should be checked and adjusted as per master clock. As per requirement data need to be saved and analysed by the site engineer. 3.7.2 Monthly Maintenance: Site Engineer shall check the system as follows: (i) (ii) (iii) (iv) (v) (vi) (vii) (viii) Check for satisfactory working of RCC machines. Checking for Change over from main to stand by & vice versa. Check that all the reports are logging properly. Check that logging in event list and Alarm list are proper. Delete unnecessary log files in all computers. Up date Anti virus Software if required. Check that printers are working properly. Take back up of data for every two months in a CD. Unnecessary files, reports should be deleted after taking back up. Perform DB level Testing at RCC. Configuration changes if any desired by Railway. Checking of LAN cables, connectors etc, Check functioning of UPS by switching off the main power supply for 15 minutes duration. Ensure smooth functioning of all RCC equipments. (ix) (x) (xi) (xii) 3.7.3 Yearly Maintenance: In addition to daily, monthly maintenance schedules cleaning of cable tray, dust accumulated under PC tables shall be done using vacuum cleaners. The earthing of RCC equipment must be checked. 3.8 Maintenance of UPS & Battery at RCC: Maintenance shall be carried out as per maintenance manual given by UPS & Battery set supplier separately. In this connection Annual capacity test and AH efficiency test of battery set shall be carried out, as preventive maintenance measures, as per manufacturer’s recommendation. 3.9 Breakdown and General Maintenance of RTU : As per the requirement & nature of break down, site Engineer shall be available at site with in reasonable time depending upon distance of controlled post from RCC. The site engineer shall be fully conversant with the loading of firmware/OS at RTU through notebook computer and capable of configuring a new RTU in the system as per the requirement. "dB level" checking may have to be carried out at different locations, as per the requirement to ascertain the healthiness of communication channel. 3.10 Preventive Maintenance at RTU: 3.10.1 Quarterly Maintenance: Site Engineer shall carry out RTU maintenance as follows: (i) (ii) (iii) (iv) (v) (vi) Cleaning of dust inside RTU. Visual Checks for any abnormality. General Connection tightness. AC-DC & DC-AC Switch over of Power supply Unit. dB-level testing and adjustment at RTU/Modem. Setting of transducers if value of measurands is different from panel meters as per manufacturer’s instruction. Scada Sport,13 17 (vii) (viii) Relay contacts terminals will be cleaned if required. Ensure free movement and proper working of contactors. 4.0 Preparation of reports: 4.1 After each preventive and breakdown maintenance, the contractor’s representative shall record in the register details of works done, causes of faults. All such items shall be discussed with user. 4.2 Monthly, Quarterly reports of checks carried out and proposed action plan shall be signed jointly by Railways’ representative and firm’s Engineer. 4.3 The contractor’s representative shall furnish the reports of communication failures to the Railway representative on weekly basis. In case communication failures are more for a particular post, the joint checking of communication parameters with S&T, RCC Engineer and Site Engineer shall be carried out. 5.0 General Terms & Condition:- 5.1 The genesis of entering into maintenance contract is to ensure 100% availability of all associated equipments for correct switching operation of various devices, feed back of operations performed and correct value of mesurands, received etc. 5.2 The firm will take all preventive steps to keep the system healthy since it is on line system, preferably no breakdown of any equipment or part of the equipment will be acceptable. As and when any failure, take place all out efforts will have to be put in by the firm for fastest rectification of the faults to restore normalcy failing which penalty shall be levied. 5.3 Contractor’s representative shall be available in prime shift (8AM to 5PM) on all days including Sunday and holidays and Contractor shall ensure that its authorized representative is available at RCC in 30 Minutes from the time of placement of call when any breakdown occurs or when the minimum configuration is down outside the prime shift. Any call not pertaining to break down or minimum configuration may be attended during prime shift on next working shift. 5.4 The firm shall post adequate no. of well-qualified and experience Engineers with assistant at the site of RCC, so that delay in attending the day-to-day problems may be minimized. Lack of knowledge of service engineer may cause problems instead of solving troubles; it is to be ensured that the service engineer must have sufficient technological background. The engineer shall be preferably a graduate engineer or a diploma holder with minimum 5 years of experience in the field of maintenance of SCADA system and he shall have sufficient knowledge of analysis of protocol data packets captured through Portmon or similar software. Whenever, the service engineer leaves RCC on leave etc, a suitable replacement shall be posted well in advance. 5.5 The contractor shall provide mobile phones to its representatives, who can be contacted by purchaser for reporting abnormality in the system. The down time shall be that reckoned from the time the message is sent till the purchaser certifies the system functional. However minor system abnormalities which does not result in total system failure shall not be counted in calculating the system down time though included in the scope of the work. Decision of purchaser shall be final in this regard. 5.6 The contractor has arranged their own transport for meeting the requirements of maintenance contract. 5.7 The contractor shall arrange all the tools, measuring and testing instruments required for maintenance. 5.8 All the defective equipments modules, Cards, components etc. should be repaired or replaced by the contractor during the comprehensive maintenance period. Sufficient quantity of spare shall always be available with site engineer. Scada Sport,13 18 5.9 The contractor shall arrange for one week (7 days) SCADA training for 4 supervisors and 6 artisans during first quarter of contract for smooth functioning of SCADA system. This training shall be repeated once in two years. 5.10 The tenderer shall ensure the working of system with minimum configuration in case of emergency. However working of system with minimum equipments shall be treated as breakdown. The minimum configuration shall consist of following. One server One FEP One MMI All RTUs UPS One printer 5.11.1 The typical penalty clauses ,are as follows. (i) All the master station hardware, software and RTU failures that does not effect the normal functioning of system shall be rectified with in 15 days, failing which penalty of Rs. 10500/- Per week or part thereof after expiry of initial 15 days (from the date of reporting of fault by the user's representative) shall be levied. (ii) All the master station software and hardware failures that effect the normal functioning of system shall draw the immediate attention and shall be rectified with in 30 minutes of occurrence during prime shift, failing which concerned post might required manning by Railways and penalty of Rs. 3400/- Per RTU manning per day or part thereof shall be levied. (iii) Delay in restoration of any RCC or RTU failure requiring manning of controlled post beyond 24 hours, contractor shall be charged Rs. 3825/- Per day or part thereof per controlled post manning. 5.11.2 The penalty amounts should be revised after expiry of every five years from the date of approval of these conditions in consultation with Zonal Railways finance for implementation in the entire on going contract. 5.12 It shall be responsibility of contractor to arrange all the spare parts, sub-assemblies, assemblies required for normal maintenance, up keeping and attending to breakdown. 5.13 The replacement of equipments arising out due unforeseen natural calamities such as fire, flood and earthquake etc. shall not be covered in scope of this AMC. However final decision of such matters shall rest with the user Railways. 5.14 The contractor shall have to deposit the security deposit against AMC contract other than the security deposit deposited for contract for erection & commissioning of SCADA system. The Security deposit for AMC shall be deposited with concerned Zonal Railways. The security deposit for erection & commissioning and FAC payment shall only be released when the required deposit for AMC is deposited with concerned Zonal Railways. The contractor shall deposit security deposit in favour of concerned Zonal Railways as per tender paper preamble para No.6. 5.15 Payment: Payment for maintenance contract will be made at the end of every quarter. Payment will be arranged by Zonal Railways under revenue fund and bills should be submitted to concerned Sr.DEE (TRD) of Danapur Division for payment. 5.16 Agreement Tenderer and concerned Zonal Railway or Railway's representative will sign a separate contract agreement, before three months of expiry of warrantee period for governance of maintenance contract for 05 (five) years, based on the above guidelines. Scada Sport,13 19 6.0 Railway’s Responsibility: 6.1 6.2 To maintain 110V /24V DC battery set and battery chargers at controlled posts To maintain telecommunication under ground quad cables, OFC/Microwave with associated repeater equipments at various locations along the section. To ensure availability of all the inputs/ outputs from the outdoor switchgear equipments/control panel at controlled posts. To ensure free access to the contractor’s engineer at RCC and controlled posts to provide maintenance services. 6.3 6.4 7.0 The price fluctuation, inflation and technical advancements in the industry shall be borne in mind while quoting for this item. The price quoted shall be inclusive of all taxes, levies etc, by the Government. For evaluation of the offer, sum of the price quoted for AMC for the first year and present value of nd th the price quoted from 2 to 4 year of annual comprehensive maintenance contract at the end of first year of maintenance will be considered. For calculating the present value 4.43% rate of discount will be used. The total discounted charges for comprehensive AMC for five year will be calculated as below: Total discounted charges for comprehensive AMC for five years = Comprehensive AMC charges for first year/ (1.0443)3 + Comprehensive AMC charges for second year/ (1.0443)4 + Comprehensive AMC charges for third year / (1.0443)5 + Comprehensive AMC charges for fourth year/ (1.0443)6 + Comprehensive AMC charges for fifth year/ (1.0443) 7 The above formula shall be used only for deciding the commercial bid order only. This total charges shall be furnished with other item in Schedule, section-2 (Total prices) The purchaser reserves the right to terminate the Annual Comprehensive Maintenance contract at any moment of time during the AMC period. ******** Scada Sport,13 20 PART-III PARTICULAR SPECIFICATION Scada Sport,13 21 PART-III PARTICULAR SPECIFICATION -----------------------------------------------------------------------------------Para No. Subject ------------------------------------------------------------------------------------3.1 Introduction 3.2 Location 3.3 Road Access for Controlled Stations. 3.4 Climatic data 3.5 General Supply Diagram 3.6 Remote Control Center 3.7 Communication Cable 3.8 Control of Boundary Posts 3.9 Quantities 3.10 Supply of VDUs and battery of RCC 3.11 Addresses *********** Scada Sport,13 22 PART – III PARTICULAR SPECIFICATION 3.1 INTRODUCTION This chapter gives information and data relating to Supervisory Remote Control and Data Acquisition system required for control of traction sub-stations and switching stations on JAJ –MGS & PNBEGAYA in section of Danapur division in the state of Bihar (East Central Railway) from Remote Control Center at Danapur. 3.2 LOCATION The JAJ –MGS & PNBE- GAYA section is the partially double line section. The above section lies within Danapur division of East Central Railway. 3.3 ROAD ACCESS FOR CONTROLLED STATIONS All important stations where remote controlled stations are proposed to be located are approachable by metalled / Kacha roads. 3.4 CLIMATIC DATA i) Temperature: The maximum and minimum temperature during summer and winter being 47.80 C and 040 C respectively. ii) Rain-fall : Rains occur generally from middle of June to September and casual rains occur in December and January. The average rainfall during monsoon season is approx. 60 cm normally. iii) Humidity The maximum relative humidity is between 50% to 80%. iv) Thunder: The region is subject to storms and thunder during monsoon from June to September. 3.5 General Supply Diagram General supply Diagram indicating the power supply arrangements of Danapur division will be provided with following particulars: (i) The various controlled stations and apparatus therein required to be remote controlled. (ii) Locations of Potential Transformers for indicating the state of OHE. However some minor changes in regard to the numbers of controlled posts shall be intimated during the execution stage, if any. Scada Sport,13 23 3.6 REMOTE CONTROL CENTRE LOCATION a) Various controlled stations i.e. Traction Sub Stations and Switching stations on the section JAJ – MGS & PNBE – GAYA section would be controlled from Remote Control Centre at Danapur of East Central Railway. Wherein JAJ/TSS, GHX/SSP, KCA/SP & CKH/SP will be the boundary post of Danapur Division of East Central Railway b) Tenderer shall clearly confirm that they will supply and erect additional RTUs of this section, (including TSS, SP&SSP) if required, by the purchasers during a period of ten years from the date of award of tender at mutually agreed terms & conditions. 3.7 COMMUNICATION CABLE In the section optical fiber cable is being provided. Relevant technical details are indicated in clause 4.4 of RDSO Specification NO.TI/SPC/RCC/SCADA/0990 (5/07) Vol.I & II, Amend.No.1 (8/2008) or latest. 3.8 CONTROL OF BOUNDARY POST JAJ/TSS will be boundary post between the two RCCc at Danapur division & Asansol division of Eastern Railway and detail regarding interlocking scheme between the two RCCs will be finalized at the time of approval of design and drawing. 3.9 QUANTITIES The approximate quantities of various items required for the section included in Sch.1, Sec.1 are indicated in Form - 5, Sch.1, Sec.2, Column '3'. The number of telecommands, telesignals and telemetery parameters required at individual RTUs are indicated in Annexure-6. 3.10 SUPPLY OF VDUS AND BATTERY AT RCC (1) VDUs Colour VDUs of high resolution of minimum size of 19 inch full graphic TFT LCD type at I ST and subsequently workstation respectively in terms of para 2.2.9 of RDSO’s specification No TI/SPC/RCC/SCADA/0990 (5/07) Vol.I & II, Amend.No.1 (8/2008) or latest are required to be provided at the RCC. (2) BATTERY Low Maintenance type Lead acid battery is required to be provided at the RCC (RDSO'S specification revised Para 7.1.5 of RDSO’s specification No TI/SPC/RCC/SCADA/0990 (5/07) Vol.I & II, Amend.No.1 (8/2008) or latest. 3.11 ADDRESSES The list of addresses, to which correspondence and documents relating to the contract shall be sent, is as under: (i) For all policy, contractual and commercial matters: (a) Prior to the award of contract: Sr.Divl. Electrical Engineer/TRD, East Central Railway, Danapur . (b) After the award of contract: Scada Sport,13 24 Sr.Divl. Electrical Engineer/TRD, East Central Railway, Danapur . (ii) For Security Deposit / Performance Guarantee: The Senior Divisional Finance Manager, East Central Railway, Danapur. or His successor/ nominee (whose address will be intimated in due course). (iii) For matters relating to particular design and working drawing: Sr.Divl. Electrical Engineer/TRD, East Central Railway, Danapur . or His successor / nominee(whose address will be intimated in due course). (iv) For matters relating to basic designs & drawings for equipments and prototype tests: The Director General (Traction Installation) R.D.S.O., Manak Nagar, LUCKNOW-226011. (v) For matters relating to progressing of field work, scheduling of quantities & submission of bills: Sr.Divl. Electrical Engineer/TRD, East Central Railway, Danapur . or His successor/nominee (whose address will be intimated in due course). 3.12 Cold Start facility to be provided in the UPS system in addition to all other features. *********** Scada Sport,13 25 PART-IV ANNEXURES Scada Sport,13 26 PART-IV ANNEXURES ------------------------------------------------------------------------------------------------ANNEXURE NO. SUBJECT -----------------------------------------------------------------------------------------------1 ...... List of standard drawings. 2 ...... Schedule of quantities. 3 ...... Quantities of Spares required for maintenance. 4 ...... List of equipments and materials to be supplied by the Purchaser to the Contractor. 5 ...... List of Tools and Plant required for maintenance. 6 ...... Details of Telecommands, telesignals & telemetering parameters for various controlled stations from Remote control Center. ************* Scada Sport,13 27 ANNEXURE-1 LIST OF STANDARD, TYPICAL DRAWINGS & SPECIFICATIONS The annexure contains reference to standard, typical and particular drawings & specification referred to in various paragraph of tender specification (Pt.II) and particular specification. All references of drawings in this annexure shall be taken to be the latest version to such drawings as issued by the purchaser. STANDARD TYPICAL AND PARTICULAR DRAWINGS: SN. Title of drawings. Drawing No. 1. General scheme of supply for25 kV 50 Hz single phase AC ETI/PSI/702-1(Mod.B) 2. 3. Typical layout of control room at TSS Typical layout of remote control cubicle at a switching stations. ETI/PSI/023 B(Mod-C) ETI/PSI/0010(Mod.E) 4. Schematic inter connection diagram for remote control of power gear & supervision equipments at TSS. ETI/PSI/644 (Mod.C) 5. Schematic inter connection diagram for remote control of power gear and supervision equipments at controlled station (SP & SSP) ETI/PSI/645(Mod.C) 6. High speed Auto reclosing Scheme for feeder Circuit Breaker at 25kV a.c. Traction Sub-station. ETI/PSI/0231-I 7. Control desk arrangement for 2 work stations of SCADA system. ETI/PSI/SK/337 8. General Supply diagram of Danapur division for power supply arrangement. NOTE : The above drawings (1-7) may be purchased from the office of the CEE/CORE Allahabad. Scada Sport,13 28 ANNEXURE-2 SCHEDULE OF QUANTITIES APPROXIMATE QUANTITIES OF VARIOUS ITEMS OF WORK INCLUDED IN SCHEDULE-1 SECTION-2: SCHEDULE OF PRICES ---------------------------------------------------------------------------------------------------Items No. of Schedule-1 Approximate Section-1 Quantity --------------------------------------------------------------------------------------------------1. LS 2. 1 set 3. (a) TSS (b) SP (c) SSP 09No. 10No. 25No. 4. 1 Set 5. 4 set 6. 2 set 7. LS 8. LS 9. 10 11 1 set LS LS (05 years) Scada Sport,13 29 ANNEXURE-3 QUANTITIES OF SPARES REQUIRED FOR MAINTENANCE ------------------------------------------------------------------------------------------------------------------------------------------Item Description Quantity Unit Total No. of Item required. Price Price -------------------------------------------------------------------------------------------------------------------------------------------1 External hard disc drive 1 2 Spare for printers for 2 years i/c 2 3 Spare key Board & mouse 2 4 Power supply unit for RCC computers 2 5 6 7 8. 9. 10. Power supply unit for RTUs Modem Modules for RTU RS 232 connectors Spare transducers each type DC to DC converters (110 V and 24 V) for RTU Any other spares considered necessary by tenderers for maintaining the system for 5 years in guarantee & 5 years of AMC 2 4 Nos. 10 Nos. 2 sets 2 Nos. Scada Sport,13 1 set. 30 ANNEXURE-4 LIST OF EQUIPMENT AND MATERIALS TO BE SUPPLIED BY THE PURCHASER TO THE CONTRACTOR. --------------------------------------------------------------------------------------------------------------Sl. No. Item Railway Ident No. Quantity Remarks. -------------------------------------------------------------------------------------------------------------1 2 3 4 5 ------------------------------------------------------------------------------------------------------------ --------------- NIL --------------- Scada Sport,13 31 ANNEXURE-5 LIST OF TOOLS AND PLANTS REQUIRED FOR MAINTENANCE Test instruments, equipments and tools shall be quoted by Tenderer as per details indicated in Clause 9.3.2 of RDSO’s specifications No. TI/SPC/RCC/SCADA/0990 (Vol-I) are as under: ------------------------------------------------------------------------------------------------------------------------------------------Item Description Quantity Unit Total No. of Item required. Price Price -------------------------------------------------------------------------------------------------------------------------------------------1 Level Meters 2 2 Portable dual trace oscilloscope 0-25 MHz) 2 3 Digital multimeters 4 4 Diagnostic kit (LAP TOP) for easy trouble shooting of the faults of RTU and SCADA system. The diagnostic kit shall be comprehensive and capable of testing all type of modules employed in the SCADA equipment for their normal functioning and to identify the faulty zone. 2 5 Digital waveform generator with variable frequencies along with appropriate level meters to check the performance of the communication channel and the insertion losses of the MODEMS 2 6 Toot Kit consisting of : (a) Brief Case (b) Crimping Tools (c) Complete set of screw drivers (d) Solder (e) Soldering iron 25W (f) Disordering pump (g) Wire cutter (h) Cutting Plier (i) Nose Plier (j) Spanner set (k) Stripper (m) Brush (clean the RTU) 2 set Note:- Pamphlets giving full technical and other details of the instruments shall be furnished along with the offer. Scada Sport,13 32 A N N SN (A) Details of items of Telecommands, Telesignals and Telemetering. E X U R E - 6 JAJ GH R JMU MNP KEU TSS 1 SSP 2 SP 3 SSP 4 SSP 5 - - - - LKR MKB BRYA HTZ GHX MKA TSS 6 SSP 7 SP 8 SSP 9 SSP 10 TSS 11 2 - - - - 2 TELECOMMANDS 1 220/132/66/33 KV Circuit Breakers 2 2 25 KV Circuit Breakers 6 - 5 - - - 5 3 25 KV Interuptors 8 3 4 3 5 6 3 4 6 6 6 4 Auto-reclose relay with locked out indication. 2 - - - - 2 - - - - 2 5 Transformer Tap Changer 2 - - - - 2 - - - - 2 6 Interlock release/ request at Boundary Post - - - - - - - - - - - 7 To disable the Panto Flash over relay from circuit - - - - - - - - - - - 8 Spare 4 5 4 5 3 7 2 4 2 2 7 Total 24 8 8 8 8 24 8 8 8 8 24 (B) TELE-SIGNALS - TSS SSP SP SSP SSP TSS SSP SP SSP SSP TSS 1 110V DC low/Battery charger fail. 1 1 1 1 1 1 1 1 1 1 1 2 240V A.C. fail 1 1 1 1 1 1 1 1 1 1 1 3 Power supply unit on D.C. 1 1 1 1 1 1 1 1 1 1 1 4 PSU overload 1 1 1 1 1 1 1 1 1 1 1 5 Catenary Indication 5 - 4 - - 5 - 4 - - 5 6 Transformer Alarm 2 - - - - 2 - - - - 2 a) Winding Temperature 1 - - - - 1 - - - 1 b) Oil Temperature 1 - - - - 1 - - - 1 c) Buchholz Relay alarm 1 - - - - 1 - - - 1 7 Transformer Fault - - - - - - - - - - - a) Winding Temperature Trip 1 - - - - 1 - - - - 1 b) Oil Temperature Trip 1 - - - - 1 - - - - 1 c) Buchholz Relay Alarm 1 - - - - 1 - - - - 1 8 Transformer Trip Circuit 110V DC Fail 2 - - - - 2 - - - - 2 9 Transformer Alarm Circuit 110V DC Fail 2 - - - - 2 - - - - 2 10 Feeder Circuit Breaker operated on DPR 1 - - - - 1 - - - - 1 11 Feeder Circuit Breaker operated on OCR 1 - - - - 1 - - - - 1 12 Feeder Circuit Breaker operated on WPC 1 - - - - 1 - - - - 1 13 Feeder Circuit Breaker operated on Panto Bridging 1 - - - - 1 - - - - 1 14 Panto Bridging relay by pass 1 - - - - 1 - - - - 1 Scada Sport,13 33 15 Transformer tap portion 1-6 position. 16 12 - - - - 12 - - - - 12 Auto recloser locked out 2 - - - - 2 - - - - 2 17 HV/LV CB operated on differential 2 - - - - 2 - - - - 2 18 Spares. TSS SSP SP SSP SSP TSS SSP SP SSP SSP TSS i) 25KV feeder P.T. fuse fail 2 - - - - 2 - - - - 2 ii) 25KV shunt capacitor P.T. fuse fail 1 - - - - 1 - - - - 1 iii) 220/132KV CB circuit 110V DC fail 2 - - - - 2 - - - - 2 iv) 25KV Transformer CB circuit 110V DC fail 2 - - - - 2 - - - - 2 v) 25KV feeder CB circuit 110V DC fail 2 - - - - 2 - - - - 2 2 - - - - 2 - - - - 2 12 4 4 4 4 12 4 4 4 4 12 vi) vii) viii) 25KV BMs circuit 110V DC fail CBs/BMs gas pressure low 25KV catenary indication 1 5 1 5 5 1 5 1 5 5 1 ix) 240V A.C. fail 1 1 1 1 1 1 1 1 1 1 1 x) 110 V DC low 1 1 1 1 1 1 1 1 1 1 1 xi) 110V DC fail 1 1 1 1 1 1 1 1 1 1 1 Total 67 16 16 16 16 67 16 16 16 16 67 TSS SSP SP SSP SSP TSS SSP SP SSP SSP TSS (C) TELEMETERED PARAMETERS 1 220/132KV Voltage 2 - - - - 2 - - - - 2 2 25 KV Bus/OHE Voltage 1 - 2 - - 1 - 2 - - 1 3 Feeder Current 2 - - - - 2 - - - - 2 4 Shunt Capacitor current 1 - - - - 1 - - - - 1 5 Power factor 1 - - - - 1 - - - - 1 6 Spare 1 4 2 4 4 1 4 2 4 4 1 Total 8 4 4 4 4 8 4 4 4 4 8 DNR SDE SN (A) Details of items of Telecommands, Telesignals and Telemetering. PHK PNBEII RH BKP KOO FUT PNC PNBE-I SSP SP SSP TSS SSP SP SSP SSP TSS SSP 12 13 14 15 16 17 18 19 20 21 - - - 2 - - - - 2 - TELECOMMANDS 1 220/132/66/33 KV Circuit Breakers 2 25 KV Circuit Breakers - - 5 - - - 5 - 3 25 KV Interrupters 5 6 5 5 4 4 5 3 6 3 4 Auto-reclose relay with locked out indication. - - - 2 - - - - 2 - 5 Transformer Tap Changer - - - 2 - - - - 2 - 6 Interlock release/ request at Boundary Post - - - - - - - - - - Scada Sport,13 34 7 8 (B) To disable the Panto Flash over relay from circuit Spare - - - 3 2 Total 8 8 SSP TELE-SIGNALS - - - - - - - 5 8 4 4 3 8 24 8 8 8 5 7 5 8 24 8 SP SSP TSS SSP SP SSP SSP TSS SSP 1 110V DC low/Battery charger fail. 1 1 1 1 1 1 1 1 1 1 2 240V A.C. fail 1 1 1 1 1 1 1 1 1 1 3 Power supply unit on D.C. 1 1 1 1 1 1 1 1 1 1 4 PSU overload 1 1 1 1 1 1 1 1 1 1 5 Catenary Indication - 4 - 4 - 4 - - 4 - 6 Transformer Alarm - - - - - - - - - - a) Winding Temperature - - - 1 - - - - - b) Oil Temperature - - - 1 - - - - - c) Buchholz Relay alarm - - - 1 - - - - 7 Transformer Fault - - - - - - - - - - a) Winding Temperature - - - 1 - - - - 1 - b) Oil Temperature Trip - - - 1 - - - - 1 - c) Buchholz Relay Alarm - - - - - - - - 8 Transformer Trip Circuit 110V DC Fail - - - 2 - - - - 2 - 9 Transformer Alarm Circuit 110V DC Fail - - - 2 - - - - 2 - 10 Feeder Circuit Breaker operated on DPR - - - 1 - - - - 1 - 11 Feeder Circuit Breaker operated on OCR - - - 1 - - - - 1 - - - - 1 - - - - 1 - - - - 1 - - - - 1 - - - - 1 - - - - 1 - 12 13 14 Feeder Circuit Breaker operated on WPC Feeder Circuit Breaker operated on Panto Bridging Panto Bridging relay by pass 15 Transformer tap posion 16 position. - - - 12 - - - - 12 - 16 Auto recloser locked out - - - 2 - - - - 2 - 17 HV/LV CB operated on differential - - - 2 - - - - 2 - 18 Spares. SSP SP SSP TSS SSP SP SSP SSP TSS - i) 25KV feeder P.T. fuse fail - - - 2 - - - - 2 - ii) 25KV shunt capacitor P.T. fuse fail - - - 1 - - - - 1 - iii) 220/132KV CB circuit 110V DC fail - - - 2 - - - - 2 - iv) 25KV Transformer CB circuit 110V DC fail - - - 2 - - - - 2 - v) 25KV feeder CB circuit 110V DC fail - - - 2 - - - - 2 - - - - 2 - - - - 2 - 4 4 4 12 4 4 4 4 12 4 5 1 5 1 5 1 5 5 1 5 vi) vii) viii) 25KV BMs circuit 110V DC fail CBs/BMs gas pressure low 25KV catenary indication Scada Sport,13 35 ix) 240V A.C. fail 1 1 1 1 1 1 1 1 1 1 x) 110 V DC low 1 1 1 1 1 1 1 1 1 1 xi) 110V DC fail 1 1 1 1 1 1 1 1 1 1 Total 16 16 16 66 16 16 16 16 67 16 SSP SP SSP TSS SSP SP SSP SSP TSS SSP (C) TELEMETERED PARAMETERS 1 220/132KV Voltage - - - 2 - - - - 2 - 2 25 KV Bus/OHE Voltage - 2 - 1 - 2 - - 1 - 3 Feeder Current - - - 2 - - - - 2 - 4 Shunt Capacitor current - - - 1 - - - - 1 - 5 Power factor - - - 1 - - - - 1 - 6 Spare 4 2 4 1 4 2 4 4 1 4 Total 4 4 4 8 4 4 4 4 8 4 DURE BXR CSA GMR BWH SN (A) Details of items of Telecommands, Telesignals and Telemetering. BTA KU A ARA KYA BYN TWG SP SSP TSS SSP SP SSP TSS SSP SSP SP SSP 22 23 24 25 26 27 28 29 30 31 32 - - 2 - - - 2 - - - - TELECOMMANDS 1 220/132/66/33 KV Circuit Breakers 2 25 KV Circuit Breakers - 5 - - 5 - - 3 25 KV Interrupters 6 3 5 3 4 3 5 4 3 4 3 4 Auto-reclose relay with locked out indication. - - 2 - - - 2 - - - - 5 Transformer Tap Changer - - 2 - - - 2 - - - - 6 Interlock release/ request at Boundary Post - - - - - - - - - - - 7 To disable the Panto Flash over relay from circuit - - - - - - - - - - - 8 Spare 2 5 8 5 4 5 8 4 5 4 5 Total 8 8 24 8 8 8 24 8 8 8 8 (B) SP SSP TSS SSP SP SSP TSS SSP SSP SP SSP 1 110V DC low/Battery charger fail. 1 1 1 1 1 1 1 1 1 1 1 2 240V A.C. fail 1 1 1 1 1 1 1 1 1 1 1 3 Power supply unit on D.C. 1 1 1 1 1 1 1 1 1 1 1 4 PSU overload 1 1 1 1 1 1 1 1 1 1 1 5 Catenary Indication 4 - 4 - 4 - 4 - - 4 - 6 Transformer Alarm - - - - - - - - - - - Winding Temperature - - 1 - - - 1 - - - - b) Oil Temperature - - 1 - - - 1 - - - - c) Bucholz Relay alarm - - 1 - - - 1 - - - - - - - - - - - - - - - a) 7 TELE-SIGNALS - Tranformer Fault a) Winding Temperature - - 1 - - - 1 - - - - b) Oil Temperature Trip - - 1 - - - 1 - - - - c) Bucholz Relay Alarm - - 1 - - - 1 - - - - - - 2 - - - 2 - - - - 8 Tranformer Trip Circuit 110V DC Fail Scada Sport,13 36 9 Tranformer Alarm Circuit 110V DC Fail - - 2 - - - 2 - - - - 10 Feeder Circuit Breaker operated on DPR - - 1 - - - 1 - - - - 11 Feeder Circuit Breaker operated on OCR - - 1 - - - 1 - - - - - - 1 - - - 1 - - - - - - 1 - - - 1 - - - - - - 1 - - - 1 - - - - 12 13 14 Feeder Circuit Breaker operated on WPC Feeder Circuit Breaker operated on Panto Bridging Panto Bridging relay by pass 15 Transformer tap posion 16 position. - - 12 - - - 12 - - - - 16 Auto recloser locked out - - 2 - - - 2 - - - - 17 HV/LV CB operated on differential - - 2 - - - 2 - - - - 18 Spares. SP SSP TSS SSP SP SSP TSS SSP SSP SP SSP i) 25KV feeder P.T. fuse fail - - 2 - - - 2 - - - - ii) 25KV shunt capacitor P.T. fuse fail - - 1 - - - 1 - - - - iii) 220/132KV CB circuit 110V DC fail - - 2 - - - 2 - - - - iv) 25KV Transformer CB circuit 110V DC fail - - 2 - - - 2 - - - - v) 25KV feeder CB circuit 110V DC fail - - 2 - - - 2 - - - - - - 2 - - - 2 - - - - 4 4 12 4 4 4 12 4 4 4 4 vi) vii) viii) 25KV BMs circuit 110V DC fail CBs/BMs gas pressure low 25KV catenary indication 1 5 1 5 1 5 1 5 5 1 5 ix) 240V A.C. fail 1 1 1 1 1 1 1 1 1 1 1 x) 110 V DC low 1 1 1 1 1 1 1 1 1 1 1 xi) 110V DC fail 1 1 1 1 1 1 1 1 1 1 1 Total 16 16 66 16 16 16 66 16 16 16 16 TELEMETERED PARAMETERS SP SSP TSS SSP SP SSP TSS SSP SSP SP SSP (C) 1 220/132KV Voltage - - 2 - - - 2 - - - - 2 25 KV Bus/OHE Voltage 2 - 1 - 2 - 1 - - 2 - 3 Feeder Current - - 2 - - - 2 - - - - 4 Shunt Capacitor current - - 1 - - - 1 - - - - 5 Power factor - - 1 - - - 1 - - - - 6 Spare 2 4 1 4 2 4 1 4 4 2 4 Total 4 4 8 4 4 4 8 4 4 4 4 Scada Sport,13 37 SN (A) Details of items of Telecommands, Telesignals and Telemetering. DLN ZNA DHA SLD KCA PPN NDW NDU JHD THA BLA CKH SSP TSS SSP SSP SP SP SSP SSP TSS SSP SSP SP 33 34 35 36 37 38 39 40 41 42 43 44 - 2 - - - - - - 2 - - - TELECOMMANDS 1 220/132/66/33 KV Circuit Breakers 2 25 KV Circuit Breakers - 5 - - - - 5 - - 3 25 KV Interuptors 3 5 3 3 4 4 3 3 5 3 3 4 4 Auto-reclose relay with locked out indication. - 2 - - - - - - 2 - - - 5 Transformer Tap Changer - 2 - - - - - - 2 - - - 6 Interlock release/ request at Boundary Post - - - - - - - - - - - - 7 To disable the Panto Flash over relay from circuit - - - - - - - - - - - - 8 Spare 5 8 5 5 4 4 5 5 8 5 5 4 Total 8 24 8 8 8 8 8 8 24 8 8 8 SSP TSS SSP SSP SP SP SSP SSP TSS SSP SSP SP (B) TELE-SIGNALS 1 110V DC low/Battery charger fail. 1 1 1 1 1 1 1 1 1 1 1 1 2 240V A.C. fail 1 1 1 1 1 1 1 1 1 1 1 1 3 Power supply unit on D.C. 1 1 1 1 1 1 1 1 1 1 1 1 4 PSU overload 1 1 1 1 1 1 1 1 1 1 1 1 5 Catenary Indication - 4 - - 4 4 - - 4 - - 4 6 Transformer Alarm - - - - - - - - - - - - a) Winding Temperature - 1 - - - - - - 1 - - - b) Oil Temperature - 1 - - - - - - 1 - - - 1 - - - - - - 1 - - - - - - - - - - - - c) Bucholz Relay alarm - 7 Tranformer Fault - a) Winding Temperature - 1 - - - - - - 1 - - - b) Oil Temperature Trip - 1 - - - - - - 1 - - - c) Bucholz Relay Alarm - 1 - - - - - - 1 - - - 8 Tranformer Trip Circuit 110V DC Fail - 2 - - - - - - 2 - - - 9 Tranformer Alarm Circuit 110V DC Fail - 2 - - - - - - 2 - - - 10 Feeder Circuit Breaker operated on DPR - 1 - - - - - - 1 - - - 11 Feeder Circuit Breaker operated on OCR - 1 - - - - - - 1 - - - - 1 - - - - - - 1 - - - - 1 - - - - - - 1 - - - - 1 - - - - - - 1 - - - 12 13 14 Feeder Circuit Breaker operated on WPC Feeder Circuit Breaker operated on Panto Bridging Panto Bridging relay by pass 15 Transformer tap posion 16 position. - 12 - - - - - - 12 - - - 16 Auto recloser locked out - 2 - - - - - - 2 - - - Scada Sport,13 38 17 HV/LV CB operated on differential 18 Spares. - 2 - - - - - - 2 - - - SSP TSS SSP SSP SP SP SSP SSP TSS SSP SSP SP i) 25KV feeder P.T. fuse fail - 2 - - - - - - 2 - - - ii) 25KV shunt capacitor P.T. fuse fail - 1 - - - - - - 1 - - - iii) 220/132KV CB circuit 110V DC fail - 2 - - - - - - 2 - - - iv) 25KV Transformer CB circuit 110V DC fail - 2 - - - - - - 2 - - - v) 25KV feeder CB circuit 110V DC fail - 2 - - - - - - 2 - - - - 2 - - - - - - 2 - - - 4 12 4 4 4 4 4 4 12 4 4 4 vi) vii) viii) 25KV BMs circuit 110V DC fail CBs/BMs gas pressure low 25KV catenary indication 5 1 5 5 1 1 5 5 1 5 5 1 ix) 240V A.C. fail 1 1 1 1 1 1 1 1 1 1 1 1 x) 110 V DC low 1 1 1 1 1 1 1 1 1 1 1 1 xi) 110V DC fail 1 1 1 1 1 1 1 1 1 1 1 1 Total 16 66 16 16 16 16 16 16 66 16 16 16 SSP TSS SSP SSP SP SP SSP SSP TSS SSP SSP SP (C) TELEMETERED PARAMETERS 1 220/132KV Voltage - 2 - - - - - - 2 - - - 2 25 KV Bus/OHE Voltage - 1 - - 2 2 - - 1 - - 2 3 Feeder Current - 2 - - - - - - 2 - - - 4 Shunt Capacitor current - 1 - - - - - - 1 - - - 5 Power factor - 1 - - - - - - 1 - - - 6 Spare 4 1 4 4 2 2 4 4 1 4 4 2 Total 4 8 4 4 4 4 4 4 8 4 4 4 ************* Scada Sport,13 39 PART-V FORMS FOR TENDER ETC. Scada Sport,13 40 PART-V FORMS FOR TENDER ETC. FORM NO. Scada Sport,13 1. Offer Letter. 4 (a). Alternative proposals of the Tenderer. 4 (b). Statement of deviations. 5. Schedule-1: Section-1 & Section -2, Schedule of Prices (Unit Prices& Total Prices) Schedule-1: Section-3 Supplement to Schedule of Prices (Unit Prices). 8. Schedule-4 Schedule of Prices of equipments, components & materials. 9. Schedule-5 Schedule of Prices of special tools & plants for maintenance. 10. Tenderer's scheme of work and time schedule. 11. Name of manufacturers, places of manufacture and inspection of supplies. 12. Tenderer's credentials. 14. Agreement. 15. -DELETED-. 16. Standing indemnity Bond for On Account Payment.. 17. Extension of period of completion of work on Contractor's account. 18. Extension of period of completion on Purchaser's account. 19. Guarantee Bond Against "ON ACCOUNT" payments. 20. -DELETED- 21. -DELETED- 22 Guarantee Bond for Performance. 41 FORM-1 OFFER LETTER From* To The President of India, Acting through the General Manager or his successor office of the Sr.Divisional Electrical Engineer(TRD), East Central Railway, Danapur . Dear Sir, Sub:- Tender for replacement of existing SCADA system by SPORT protocol software SCADA system over Danapur division . __________________________________________________ **** 1. I/We, the undersigned hereby offer to execute the works relating to design, supply, erection and testing of Supervisory Remote control Data Acquisition Equipment in the above mentioned work within a period of months________________ from the date of issue of Letter of Intent/ Letter of Acceptance of Tender and in strict compliance with the provisions detailed in the Tender Papers appended hereto including Instructions to Tenderers and conditions of Tendering, Conditions of Contract & Specifications as included therein and as modified by the Tender at such rates as are specified in schedules appended hereto. The summary of prices is attached to this letter. 2. I/We, agree that this Tender shall not be restricted or withdrawn and shall remain open for acceptance for and during the period of Four Months from the date Fixed for opening the same, and I/We shall bound by a communication of acceptance. 3. I/We, fully understand the terms, conditions and other provisions as contained in the Tender Papers and I/We agree that same shall apply to my/ our Tender(s) as modified by my/our Tender(s) and I/We shall be bound by them. 4. I/We have deposited with the Divisional Cashier, East Central Railway, Danapur , the required Earnest money of Rupees* __________ in respect of this Tender for which Receipt No.___________ dated has been granted. or I/We enclose a Pay order, Demand draft, Deposit Receipt, from_________________ Bank Ltd., for Rs.________________(Rupees________________________) towards earnest money in respect of this Tender. The full value of earnest money stand forfeited without prejudice to other rights and remedies if any. a) I/We do not execute the contract documents within 15 days of receipt of Letter of Acceptance or Scada Sport,13 42 b) I/we do not commence work within 10 days or receipt of the instruction to the effect. 5. I/We have no retired engineer or retired Gazetted Officer of the Engineering Department of any of the Railways owned and administered by the President of India. OR The list of retired engineer or retired Gazetted officers who are associated with me/us is included as an enclosure to this office letter (Ref. Para 1.1.19 c). Yours faithfully, SEAL OF THE TENDERER SIGNATURE/S OF THE TENDERER (S) PLACE_______________ DATED, the____________ Witnesses by : 1. Signature Name in Block Capitals Address_____________________ 2. Signature Name in Block Capitals Address ____________________ Tenderer's full Name and Address. Here enter particulars and form of deposit as detailed in para 1.1.5 Scada Sport,13 43 SUMMARY OF PRICES (All prices are in Rupees) --------------------------------------------------------------------------------------------------------------------------------Sl. No. Item. Ref. to Schedule No. Total Price ---------------------------------------------------------------------------------------------------------------------------------1. Total for supply and erection Schedule-1 Section-2 2. Total for supply of special tools, plants for maintenance. Schedule-5 3. Comprehensive maintenance contract of SCADA system for 05 years. Schedule-1 Section-2 Total:- Total in Rupees (Words & figures)_______________________ ____________________________________________________only. Notes: (1) Figures rounded off to the nearest Rupees. (2) The above prices are inclusive of Excise Duty, Sales Tax and sales tax on works contract, if any. Scada Sport,13 44 SUMMARY OF PRICES in respect of Discounted AMC Rates (For deciding the commercial bid order only) (All prices are in Rupees) --------------------------------------------------------------------------------------------------------------------------------Sl. No. Item. Ref. to Schedule No. Total Price ---------------------------------------------------------------------------------------------------------------------------------1. Total for supply and erection Schedule-1 2. Total for supply of spares, Schedule-3 2. Total for supply of special tools, plants for maintenance. Schedule-5 3. Total discounted charges for Comprehensive AMC of SCADA system for 05 years Section-2 As per para 7.0 of item No.10 of Part-I, Chapter-IV Total:- Total in Rupees (Words & figures ____________________________ ________________________________________________________only. Notes: (1) Figures rounded off to the nearest Rupees. Scada Sport,13 45 FORM-4(a) ALTERNATIVE PROPOSALS OF THE TENDERER -------------------------------------------------------------------------------------------------------------Para No. of the Alternative Technical advantages and/ Tender Papers proposals or financial implication of the proposal --------------------------------------------------------------------------------------------------------------- Scada Sport,13 46 FORM – 4 (b) STATEMENT OF DEVIATIONS All the clauses of tender condition and specification are complied with and there are NIL deviations, except those mentioned below. S.No. 1 CLAUSE No. Description . DEVIATIONS: (as asked for or proposed or suggested) JUSTIFICATIONS & REMARKS, IF ANY: _____________________________________ S. No.2 __________________________ __________________________ __________________________ __________________________ S. No. 3 __________________________ __________________________ __________________________ __________________________ N.B. Deviation quoted anywhere else in the tender offer, but not mentioned here also, will be treated as NULL & VOID (Signature of the Tenderer) Scada Sport,13 47 FORM-5 Schedule-1 : Schedule of Prices. Section -1 : Unit Prices. Name of work: Replacement of existing SCADA system by SPORT protocol software SCADA system at over Danapur division. This Schedule shall be read in conjunction with its explanatory notes in Part I, Chapter IV for detailed description of works for various items included herein (All prices are in rupees) Unit Unit rate (In Words) SN Description of work Qty. Unit rate(In Figure) 1 1 L.S. 1 set (b) Suply of main & stand by front end communication processor( One each). ( c) Supply of two work station for SCADA consisting of 3 PCs. Supply & erection of SCADA RTUs at RDSO Specification No. ETI/PSI/144(12/91) OR Latest. (a) 9 nos. TSS post 9 No. (b)10 Nos. SP Post 10 Nos. (c) 25 Nos. SSP Post 25 Nos. 1 set 4 Set 2 set 7 a Supply of SCADA equipments furniture, suitable housing cabinets for housing equipments as per RDSO Specification no. TI/SPC/RCC/SCADA/0090 (5/07) VOL I&II, Amend no. 1 (8/2008) or Latest at Danapur RCC. Supply, Installation & Commissioning of Data logging printer. Supply and erection of 110 volts, 200 AH battery As per RDSO Specification No. ETI/PSI/24( 6/81) . Supply of Spare RC cards External hard disc drive 1 Each b Spare for printers for two years. 2 Each c Spare key board & mouse 2 Each d Power supply unit for RCC computers 2 Each 2 3 4 5 6 Supply & design, drawing mannuals and training of personnels (a) Supply and erection of SCADA system at RCC Danapur for controlling 44 switching station i.e design capacity of 44 RTU's. As per RDSO specification No. TI/SPC/SCADA/ 0986 OR LATEST and RDSO Specification No. TI/RCC/SCADA/0985 or Latest. (a) Main & stand by computer (One each). Scada Sport,13 48 SN Description of work Qty. Unit Unit rate(In Unit rate (In Words) Figure) e Power supply unit for RTUs 2 Each f Modem Modules for RTU 4 Each g RS 232 Connectors 10 Each h Spare transducers each type 2 Each i DC to DC converters (110 Volts and 24 Volts) for RTU. 2 Each 8 a 1 Each b Supply of special maintenance tools & Plants Basic Digital Copier (Size A-3). Minimum copying speed (cpm): 0/25, paper size Original/Image):A3/A3,RAM(MB):64 Bytes Pass: 50 SHEET, Zoom 50 to 200%, Category: DUPLEX. Level Meters 2 Each c Portable dual trace oscilloscope ( 0-25 MHZ) 2 Each d e Digital Multimeter Diagnostic kit ( LAPTOP) for easy trouble shooting of the faults of RTU and SCADA system. The diagnostic kit shall be comprehensive and capable of testing all types of modules employed in the SCADA equipment for their normal functioning and to identify the faulty zone. Digital waveform generator with variable frequencies along with appropriate level meters to check the performance of the communication channel and the insertion losses of the MODEMS Tool Kit consisting of:(a) Brief case (b) Crimping tools © Complete (d) solder (e) soldering iron 25Watts. (f) Disordering pump. (g) Wire cutter (h) Cutting plier (i) Nose Plier (j) Spanner set. (k) Stripper. (m) brush ( Clean the RTU). Supply, commissioning and Testing of master clock. 4 2 Each Each 2 Each 2 set 1 No. 1 0 Installation and commissioning charges of item No. 2&3 1s et 1set 1 1 AMC including supply of all the consumable and any other items required for maintenance for a period of Five (5) Years. 5 Year f g 9 Note: i) Tenderer must quote AMC prices separately for each of the 05 (five) years. ii) The contractor should specifically note that the price quoted above for "Maintenance Contract" will be considered in Schedule-1, section-2 for the purpose of Tender Evaluation. Signature of Contractor(with seal) Scada Sport,13 49 FORM-5 SCHEDULE-1: SCHEDULE OF PRICES SECTION -2: TOTAL PRICES (See Annexure-2 for quantities) (All Prices are in rupees) ---------------------------------------------------------------------------------------------------------------------------Item No. of Unit prices Approximate Total Schedule-1 Quantity In figure In words Section-1 --------------------------------------------------------------------------------------------------------------------------1. 2. 3. 4. 5. --------------------------------------------------------------------------------------------------------------------------1. LS 2 (a),(b),(c). 1 set 3. (a) (TSS) (b) (SP) (c) (SSP) 09 10 25 4. 1 Set 5. 4 set 6. 2 set 7. LS 8. LS 9. 1 No 10. LS 11. AMC (05 years) GRAND TOTAL GRAND TOTAL IN WORDS. Scada Sport,13 50 FORM- 5 SCHEDULE-1 : SCHEDULE OF PRICES SECTION- 3: Supplement to Schedule of Unit Prices This schedule shall be read in conjunction with its explanatory notes included in Section-V of the Deviations from the Tender Papers for detailed description of the work for various items included herein. (All prices are in Rupees) -----------------------------------------------------------------------------------------------------------------------------------Item No. Brief description of works Unit of measurement PRICES (In figures) (In words) ----------------------------------------------------------------------------------------------------------------------------------1 2 3 4 5 -------------------------------------------------------------------------------------------------------------------------------- Scada Sport,13 51 FORM-8 SCHEDULE-4 SCHEDULE OF PRICES OF EQUIPMENTS, COMPONENTS & MATERIALS: -DELETED- Scada Sport,13 52 FORM-9 SCHEDULE-5 SCHEDULE OF PRICES OF SPECIAL TOOLS, PLANTS FOR MAINTENANCE. Test instruments, equipments and tools shall be quoted by Tenderer as per details indicated in Clause 9.3.2 of RDSO’s specifications No. TI/SPC/RCC/SCADA/0990 (Vol-I) or latest are as under: ------------------------------------------------------------------------------------------------------------------------------------------Item Description Quantity Unit Total No. of Item required. Price Price -------------------------------------------------------------------------------------------------------------------------------------------1 Level Meters 2 2 Portable dual trace oscilloscope 0-25 MHz) 2 3 Digital multimeters 4 4 Diagnostic kit (LAP TOP) for easy trouble shooting of the faults of RTU and SCADA system. The diagnostic kit shall be comprehensive and capable of testing all type of modules employed in the SCADA equipment for their normal functioning and to identify the faulty zone. 2 5 Digital waveform generator with variable frequencies along with appropriate level meters to check the performance of the communication channel and the insertion losses of the MODEMS 2 6 Toot Kit consisting of : (a) Brief Case (b) Crimping Tools (c) Complete set of screw drivers (d) Solder (e) Soldering iron 25W (f) Disordering pump (g) Wire cutter (h) Cutting Plier (i) Nose Plier (j) Spanner set (k) Stripper (m) Brush (clean the RTU) 2 set Note:- Pamphlets giving full technical and other details of the instruments shall be furnished along with the offer. Scada Sport,13 53 FORM-10 TENDERER'S SCHEME OF WORK AND TIME SCHEDULE ---------------------------------------------------------------------------------------------Months --------------------------------------------------------------------------------------------1. Design & Drawings 2. Procurement of purchased items (b) Components (c) Instruments 3. Manufacture of equipments (a) Remote Control Cubicle equipments. (b) Remote Control Centre equipments. 4. Transportation to site. 5. Erection. 6. Testing. 7. Commissioning. 8. Guarantee. Scada Sport,13 54 FORM-11 NAME OF MANUFACTURER/PLACE (S) OF MANUFACTURE & INSPECTION OF SUPPLIES. ---------------------------------------------------------------------------------------------------------------------------------Item Description Name and Address Place of Place of No. of Item of manufacturer/s manufacture Inspection --------------------------------------------------------------------------------------------------------------------------------1 2 3 4 5 --------------------------------------------------------------------------------------------------------------------------------- Scada Sport,13 55 FORM-12 TENDERER'S CREDENTIALS REGARDING PREQULIFICATION BID 1. S No. Give details of similar SCADA* works executed so far in the Performa given below: Description a. Name of work b. Name of purchaser (Also indicate name and address of Officer Incharge of minimum Superintending engineer level along with his telephone & FAX numbers). c. No. of RTUs, geographical distance over which they were spread out, type of connection of RTUs with RCC( Omnibus or star or combination). Enclose schematic sketch. d. Approximate cost of the work. e. Give brief detail of the system indicating purpose. f. Indicate your scope in the work clearly. g. Date of award of work. h. Original completion period as per letter of acceptance. i. Date of actual completion j. Final value of the contract k. Reason for delay in completion of work if any. l. Whether completion report/performance reports have been attached (Attach other relevant documents). Details 2. Give the details of total contract amount received during the last three financial years and in the current financial years. The supporting documents in this regard should be submitted i.e. attested certificate from the employer/client, audited balance sheet duly certified by charted Accountant. 3. Give the details of engineering organization and list of tools and plants available with you. Scada Sport,13 56 4. Give details of similar works presently under execution in the Performa given in item 1 above indicating the present status. 5. Have you entered into technical collaboration with any consultants to assist you in this work?. If so, give full particulars. 6. Give constitution of your firm. Attach certified copies of legal documents in support thereof. ( * Definition of Similar SCADA System : Design, Supply, Erection, Testing and Commissioning of Railway SCADA or, any SCADA system consisting of a Master Station (comprising of one or more Pentium based computers) and involving minimum 44 nos. of RTU's with each RTU being PC / Microprocessor based, remotely located and in unmanned condition. The firm should also confirm that they have working knowledge of communication protocol as per IEC-870-5). . Scada Sport,13 57 FORM-14 AGREEMENT AN AGREEMENT made this..................... day of.................... Two thousand ...................... between the President of India, acting in the premises through the Sr.Divisional Electrical Engineer (TRD), East Central Railway, Danapur (herein after referred to as "the Purchaser") of the one part and Messres.............................................(hereinafter referred to as the "Contractor") of the other part. Whereas in response to a call for Tenders for supply and erection of Supervisory Remote Control & Data Acquisition Equipment covering............. sections of the...............................…. Railway as per Tender Papers at Annexure `A' hereto the Contractor has submitted a Tender as per Annexure 'B' hereto and whereas the said Tender of the Contractor has been accepted for supply and erection of ................................ as per copy of the Letter of Acceptance of Tender No............................ dated...............complete with enclosures at the accepted rates and agreed deviations from Tender Papers as per Annexure `C' hereto and at an estimated contract value of Rs.......................(Rupees.................................only). Now this Agreement witnessth that in consideration of the premises and the payment to be made by the Purchaser to the Contractor provided for herein below the Contractor shall supply all equipments and materials and execute and perform all works for which the said Tender of the Contractor has been accepted, strictly according to the various provisions in Annexure `A' and`C' hereto and upon such supply, execution and performance to the satisfaction of the Purchaser, the Purchaser shall pay to the Contractor at the several rates accepted as per the said Annexure `C' and in terms of the provisions therein. IN WITNESS where of the parties have hereunto set and subscribed their respective hands and/ or seals the day, month and year respectively mentioned against their respective signatures. Signed and delivered.....................................by Shri .................................................for and on behalf of M/s................................the Contractor within named in the presence of :1. Signature Date : Name in BOLCK CAPITALS: Address:- 2. Signature Date: Name in BLOCK CAPITALS: Address:- Signed and delivered at.............................for and on behalf of the President of India by Shri........................................Sr.Divisional Electrical Engineer (TRD), East Central Railway, Danapur in the presence of:1. Signature Date : Name in BOLCK CAPITALS: Address:- 2. Signature Date: Name in BLOCK CAPITALS: Address:- ENCLOSURES:ANNEXURE `A' Tender Papers No. ANNEXURE `B' Firm Tender No. ANNEXURE `C' -Letter of Acceptance of Tender No.... Dated......complete with enclosures ANNEXURE - D- Deviations. ANNEXURE - E - Summary of Prices. ANNEXURE - F - Scheme of work and Time schedule ANNEXURE - G- Schedule-1: Schedule of Prices, Section-1 : Unit Prices ANNEXURE - H- Schedule-1: Schedule of Prices, Section-2 : Total Prices ANNEXURE - I - Schedule-4 ANNEXURE- J - Schedule-5 ANNEXURE -K - Tentative Drawing of RCC furniture ANNEXURE -L - Schedule of Guarantee Performance Data and Technical and other particular Scada Sport,13 58 FORM-15 (On Stamp Paper of Requisite Value) GUARANTEE BOND FOR SECURITY DEPOSIT (To be used by approved schedule Banks) -DELETED- Scada Sport,13 59 FORM-16 STANDING INDEMNITY BONDFOR ON ACCOUNT PAYMENTS (On Papers of requisite Stamp Value) We, M/s.................................................. hereby under take that we hold at our Stores Depot/s at ....for and on behalf of the President of India acting in the premises through the Sr.Divl.Electrical Engineer (TRD),Danapur, or his successor .......……… …………… ……………… ……… …... Railway…………..………… …………..............(hereinafter referred to as the "Purchaser") all materials for which on account payments have been made to us against the Contract for supply and erection of...................................................................... on the section (s).....………………of............................................. Railway vide Letter of Acceptance of Tender No.................. Dated...............and materials handed over to us by the Purchaser for the purpose of execution of the said contract, until such time the materials are duly erected or otherwise handing over to him. We shall be entirely responsible for the safe custody and protection of the said materials against all risk till they are duly delivered as erected equipment to the Purchaser, or as he may direct otherwise and shall indemnify the Purchaser against any loss, damage or deterioration whatsoever in respect of the said materials while in our possession and against disposal of surplus materials. The said materials shall at all times be open to inspection by any officer authorized by the Sr. Divl. Electrical Engineer (TRD),Danapur (whose address will be intimated in due course). Should any loss, damage or deterioration of materials occur or surplus materials disposed off and refund becomes due, the Purchaser shall be entitled to recover from us the full cost at per prices included in Schedule 1 to the contract (as applicable) and in respect of other materials as indicated in Part-I Chapter-IV Section-1 and also compensation for such loss or damage if any along with the amount to be refunded without prejudice to any other remedies available to him by deduction from any sum due or any sum which at any time hereafter becomes due to us under the said or any other Contract. . Dated, this.................... day of...................200 for and on behalf of Messrs...……………………………........(Contractor) Signature of witness (Name In Block Letters:) Address: Scada Sport,13 60 FORM-17 EXTENSION OF PERIOD OF COMPLETION OF WORK ON CONTRACTOR'S ACCOUNT (REGISTERED WITH ACK.DUE) No. TO, Date: ____________________________________ ____________________________________ Sub:-(i) ............................................................................(Name of work) (ii) Acceptance letter No..............……………………….Dated............ (iii) Understanding/ Agreement No.........……………………………….. REF:- ............................................. (Quote specified application of the Contractor for extension to the date if received). Dear Sir, The stipulated date for completion of the work mentioned above is...... From the progress made so far and the present rate of progress it is unlikely that the work will be completed by the above date(or however, the work was not completed on this date). Expecting that you may be able to complete the work if some time is given the ................................ (insert here the contracting party on behalf of the President of India) although not bound to do so, hereby extends the time for completion from.…………………………….... to……………………......... Please note that an amount equal to the rates mentioned in Para 1.2.44 per day subject to a maximum of 10% of the original contract value of the works as recovery for delay in completion of the work after the expiry of.... (given here the stipulated date for completion without any penalty fixed earlier) will be recovered from you as mentioned in para 1.2.44 of the Conditions of Contract for the extended period notwithstanding the grant of this extension. You may proceed with the work accordingly. The above extension of the completion date will also be subject to the further condition that no increase in rates on any account will be payable to you. Please intimate within a week of the receipt of this letter your acceptance of the extension of the conditions stated above. Please note that in the event of your declining to accept the extension on the above said conditions or in the event of your failure after accepting or acting up to this extension to complete the work by ……………. (here mention the extended date), further action will be taken in terms of paras 1.2.29 & 1.2 30 of the condition of contract. Yours Faithfully For & on behalf of the President of India Scada Sport,13 61 FORM-18 EXTENSION OF PERIOD OF COMPLETION OF WORK (REGISTERED WITH ACK. DUE) NO. Dated: To Dear Sirs, Sub:(i) -------------------------------Name of work. (ii) Acceptance Letter No.--------------(iii) Understanding/ Agreement No-------------Ref:-------------------------------------------------------------------------------------------------(Quote specific application of the Contractor for extension to the date if received). ______ The stipulated date for completion of the work in.………………....... group under the above contract was............................In consideration of the Contractor's letter No..……................... date.......... General Manager or his successor on behalf of the President of India, is pleased to grant extension of time for completion of works under Para 1.2.45 of the Contract, as mentioned below:.................................……………………………………………………............................................. …………………………………………………………………………………………………………….. It may be noted that unless repugnant to the context, all the terms and conditions of the contract will remain unaltered during the extended period from .. ............ ... to ..............Also, and further, no increased additional rates and claims or recoveries which have not been already envisaged in terms of the conditions of the contract will be leviable either by you or by the purchaser in respect this extended period. Yours faithfully ( ) For & on behalf of the President of India Scada Sport,13 62 Form- 19 ( On Stamp paper of Requisite Value ) GUARANTEE BOND AGAINST "ON ACCOUNT" PAYMENTS ( TO BE USED BY APPROVED SCHEDULE BANKS) In consideration of the President of India (hereinafter called" the Government") having agreed to exempt..………....( hereinafter called " the said Contractor(s)" from the demand, under the terms and conditions of an Agreement dated ……....... made between..…….….. and ………........... for ( hereinafter called " the said Agreement") of " On-Account" payments for the due fulfillment by the said Contractor(s)of the terms and conditions contained in the said Agreement on production of a Bank guarantee for Rs. ....... (Rupees ……….....only). We...…………......hereinafter referred to as "the Bank" (indicate the name of Bank) at the request of ............ (Contractor(s) do hereby undertake to pay to the Government an amount not exceeding Rs ...... against any loss or damage caused to or suffered or would be caused to or suffered by the Government by reason of any breach by the said Contractor(s) of any of the terms or conditions contained in the said Agreement. 2. We................do hereby undertake to pay (indicate the name of the Bank) the amount due and payable under this guarantee without any demur, merely on a demand from the Government stating that the amount claimed is due by way of loss or damage caused to or would be caused to or suffered by the Government by reason of breach by the said Contractor(s) of any of the terms or conditions contained in the said Agreement or by reason of the Contractor(s) failure to perform the said Agreement. Any such demand made on the Bank shall be conclusive as regards the amount due and, payable by the Bank under this guarantee. However, our liability under this guarantee shall be restricted to an amount not exceeding ........ 3. We undertake to pay to the Government any money so demanded notwithstanding any dispute or disputes raised by the Contractor(s)/ supplier(s) in any suit for proceeding pending before any court or Tribunal relating thereto our liability under this present contract being absolute and unequivocal. The payment so made by us under this bond shall be a valid discharge of our liability for payment there under and the Contractor s)/ supplier(s) shall have no claim against us for making such payment. 4. We..........further agree that the guarantee (indicate the name of Bank) herein contained shall remain in full force and effect during the period that would be taken for the performance of the said Agreement and that it shall continue to be enforceable till all the dues of the government under or by virtue of the said agreement have been fully paid and its claims satisfied or discharged or till ...............office/ Department Ministry of ......... certifies that the terms and conditions of the said Agreement have been fully and properly carried out by the said contractor(s) and accordingly discharges this guarantee. Unless a Demand or claim under this guarantee is made on us in writing, on or before the ........ (b) we shall be discharged from all liability under this guarantee thereafter. 5. We............. further agree with the Government that (indicate the name of work)the Government shall have the fullest liberty without our consent and without affecting in any manner our obligations hereunder to vary any of the terms and conditions of the said Agreement or to extend time of performance by the said Contractor(s) from time to time or to postpone for any time from time to time any of the powers exercisable by the Government against the said Contractor(s) and to s forbear or enforce any of the terms and conditions relating to the said agreement and we shall not be relieved from our liability by reason of any such variation, or extension being granted to the said Contractor(s) or for any forbearance, act or omission on the part of the Government or any indulgence by the Scada Sport,13 63 Government to the said Contractor(s) or by any such matter or thing whatsoever which under the law relating to sureties would, but for this provision, have effect of so relieving us. 6. This guarantee will not be discharged due to the change in the constitution or the Bank or the Contractor(s)/Supplier(s). 7. We.......... (indicate the name of bank ) lastly undertake not to revoke this guarantee during its currency except with the previous consent of the Government in writing. Dated: the .....day of .....200 for ......................... (indicate the name of Bank ) ------------------------------------------------------------------------------------------------------------------------------------(a) See para 1.3.8 (b) The guarantee shall be valid for a period of two months beyond the date of completion of work as per para 1.3.8 (c). Scada Sport,13 64 Form - 20 -DELETED- Form -21 -DELETED- Scada Sport,13 65 FORM-22 ON STAMP PAPER OF REQUISITE VALUE BANK GUARANTEE PROFORMA FOR PERFORMANCE GUARANTEE (To be used by approved Schedule Banks) In consideration of the President of India (hereinafter called "the Government)" having agreed to exempt............................(hereinafter called "the said Contractor/s from the demand, under the terms and conditions of Letter of Acceptance No. …………. dated …………. issued to M/s …………. by …… ……. (herein after called 'the said Agreement"), of Performance Guarantee for the due performance by the said Contractor(s) of the terms and conditions contained in the said Agreement, on production of a bank guarantee for Rs.................... (Rupees........................................Only). We................(indicate the name of Bank) hereinafter referred to as " the Bank" at the request of ..…...(Contractor(s) do hereby undertake to pay to the Government an amount not exceeding Rs.....against any loss or damage caused to or suffered or would be caused to or suffered by the Government by reason of any breach by the said Contractor(s) of any of the terms or conditions contained in the said Agreement. 2. We................... (indicate the name of Bank) do hereby undertake to pay the amounts due and payable under this guarantee without any demur, merely on a demand from the Government stating that the amount claimed is due by way of loss or damage caused to or would be caused to or suffered by the Government by reason of breach by the said Contractor (s) of any of the terms or conditions contained in the said Agreement or by reason of the Contractor (s) failure to perform the said Agreement. Any such demand made on the bank shall be conclusive as regards the amount due and payable by the Bank under this guarantee. However our liability under this guarantee shall be restricted to an amount not exceeding Rs.... 3. We undertake to pay to the Government any money so demanded notwithstanding any dispute or disputes raised by the Contractor (s)/ Supplier (s) in any suit or proceeding pending before any court or Tribunal relating thereto our liability under this present contract being absolute and unequivocal. The payment so made by us under this bond shall be a valid discharge of our liability for payment there under and the Contractor(s)/ Supplier (s) shall have no claim against us for making such payment. 4. We......................(indicate the name of Bank)further agree that the guarantee herein contained shall remain in full force and effect during the period that would be taken for the performance of the said Agreement and that it shall continue to be enforceable till all the dues of the Government under or by virtue of the said Agreement have been fully paid and its claims satisfied or discharged or till................................office/ department Ministry of...........................certifies that the terms and conditions of the said Agreement have been fully and properly carried out by the said Contractor (s) and accordingly discharges this guarantee. Unless a demand or claim under this guarantee is made on us in writing on or before the...................................... we shall be discharged from all liability under this guarantee thereafter. Scada Sport,13 66 5. We............................. (indicate the name of Bank) further agree with the Government that the Government shall have the fullest liberty without our consent and without affecting in any manner our obligations hereunder to vary any of the terms and conditions of the said Agreement or to extend time of performance by the said contractor(s) from time to time or to postpone for any time or from time to time any of the powers exercisable by the Government against the said Contractor (s) and to forbear or enforce any of the terms and conditions relating to the said agreement and we shall not be relieved from our liability by reason of any such variation, or extension being granted to the said Contractor (s) or for any forbearance, act or omission on the part of the Government or any indulgence by the Government to the said Contractor (s) or by any such matter or thing whatsoever which under the law relating to sureties would, but for this provision, have effect of so relieving us. 6. This guarantee will not be discharged due to the change in the constitution of the Bank or the Contractor s)/ Supplier (s). 7. We,..................... (indicate the name of Bank) lastly undertake not to revoke this guarantee during its currency except with the previous consent of the Government in writing. Dated, the………………………. day of……………………... 200 for ………………………………………………………………… (indicate the name of Bank) (a) See para 16 of preamble (b) The guarantee shall be initially upto the stipulated date of completion plus sixty days beyond that. In case, the time for completion of work gets extended, the contractor shall get the validity of Performance Guarantee extended to cover such extended time for completion of work plus sixty days. *************** Scada Sport,13 67 PART - B GENERAL CONDITIONS Scada Sport,13 68 PART-I CHAPTER-I INSTRUCTIONS TO TENDERERS AND CONDITIONS OF TENDERING Scada Sport,13 69 PART-I CHAPTER-I INSTRUCTIONS TO TENDERERS & CONDITIONS OF TENDERING PARA NO. Scada Sport,13 SUBJECT. 1.1.1 - TENDER PAPERS. 1.1.2 - INTERPRETATIONS. 1.1.3 - GENERAL. 1.1.4 - CLARIFICATIONS. 1.1.5 - EARNEST MONEY. 1.1.6 - INCOME TAX CLEARANCE CERTIFICATE. 1.1.7 - FORM OF TENDER. 1.1.8 - PRICES. 1.1.9 - DELETED. 1.1.10 - SPECIFICATIONS AND DRAWINGS. 1.1.11 - SCHEDULE OF WORK. 1.1.12 - SIGNING OF TENDERS. 1.1.13 1.1.14 - TENDERER'S ADDRESS ERASURE OR ALTERATION. 1.1.15 - RESULT OF TENDER. 1.1.16 - PURCHASER NOT BOUND TO ACCEPT ANY TENDER. 1.1.17 - TENDER AN AGREEMENT. 1.1.18 - TENDERS CONFIDENTIAL. 1.1.19 - CANVASSING AND BRIBERY. 1.1.20 - INDIAN LABOUR AND MATERIAL. 1.1.21 - TENDER'S CREDENTIALS. 1.1.22 - SUBMISSION OF TENDER. 1.1.23 - OPENING OF TENDER. 1.1.24 - MISCELLANEOUS. 70 PART-I CHAPTER-I INSTRUCTIONS TO TENDERERS AND CONDITIONS OF TENDERING 1.1.1 TENDER PAPERS The Instructions to Tenderers and Conditions of Tendering, Conditions of Contract, Prices and payment and Explanatory Notes, Specifications and forms of Tender, included in Parts I to V shall hereafter, be collectively referred to as the "TENDER Papers". The intending Tenderer is advised to study the TENDER PAPER carefully. The Tenderer shall also acquaint himself with the local conditions, means of access to the site of work, nature of work and all other matters pertaining thereto. The submission of a TENDER shall be deemed to have been done after careful study and examination of the TENDER papers with a full understanding of the implications thereof. 1.1.2 INTERPRETATIONS The following terms wherever occurring in the TENDER papers and wherever used throughout the execution of work, shall unless excluded by or repugnant to the context have the meaning attributed thereto as follows: "Contract" means the Contract resulting from the acceptance by the Purchaser of this TENDER either in whole or in part. "Contractor" means the successful Tenderer, i.e. the Tenderer whose TENDER has been accepted either in whole or part. "Sub-Contractor" means an individual or a firm of Contractors or a company registered under Indian company Act or an approved supplier of materials to whom the Contractor sublets portions of the contract after obtaining specific prior approval of the Purchaser in writing to such subletting of Contract. "Contractor's Agent" shall mean the person or persons authorized under a duly executed power of Attorney to take all actions relating to the work, as could be taken by the Contractor himself. In the case of a firm of Contractors, the agent shall have the same powers as that of the Managing Director of the firm. "Contractor's Representative" shall mean a person in supervisory capacity who shall be so declared by the contractor and who shall be authorized under a duly executed power of Attorney to receive materials issued by the Purchaser to the Contractor for the works. He shall be responsible for proper execution of work at each or all places and shall take orders from Purchaser's Engineers and carry out the same. "Engineer" shall mean the Divisional/ District Engineer/Electrical Engineer or the Executive Engineer in executive charge of the Railway Electrification works and shall include the Superior Officers of the Railway Electrification project. He is responsible for ensuring that all field works covered by the contract are carried out in accordance with the approved designs, drawings and specification and conditions of contract as agreed to. He is also responsible for arranging payments to the Contractor as per accepted schedule of prices and terms of payment. "Equipment" means all or any equipment considered necessary by the Purchaser's Engineers for the satisfactory operation, as a whole of the installations, including structures, foundations etc. Scada Sport,13 71 "General Manager" means the Officer in Administrative charge of this Railway Electrification and shall mean and include the Officers to whom the functions are delegated. His postal address shall be intimated to the successful Tenderers in due course. "Month" means any consecutive period of thirty days. "Materials” means all equipments, components, fittings and other materials including raw materials required to complete the work. "Purchaser" means the President of India acting through his accredited officers or any one of them. The General Manager, incharge of this Railway Electrification (Whose address will be intimated in due course) shall be deemed to be one of such accredited officers. "Purchaser's Engineer" means the Engineers appointed by the Purchaser, who will decide all matters relating to design, manufacture, installation and commissioning of the plant and equipment at site. "Railway" means the Railway (s) in whose territorial jurisdiction the work is to be carried out and includes the Government of India, Ministry of Railways (Railway Board) and/ or General Manager of the Railway concerned. "Site" means the areas to be taken up by the permanent works, together with any other area or areas as shall be determined by the Purchaser's Engineers which may be placed at the disposal of the Contractor for the purpose of the contract and also such area or areas used for store yards, work yards or workshop in proximity of the works as the Purchaser's Engineers may have authorized as an extension of the site, irrespective of the terms and conditions under which they are occupied by the Contractor. "Tenderer" means and includes any firm of Engineers or Contractors corporate or otherwise, who submit the TENDER, which has been invited. or any company or body, "Work" or "Works" means all or any of the items of the work for which the Tenderer/ Contractor has tendered/contracted according to the specifications, drawings and annexure hereto annexed or to be implied there from, or incidental thereto or to be hereafter specified or required in such explanatory instructions and drawings, being in conformity with the said original explanations, drawings, annexure and schedules, and also such instructions and drawings additional the aforementioned as may from time to time be issued by the Purchaser's Engineers during the progress of the contracted work. "Writing" includes all matters written, typewritten or printed either in whole or in part. 1.1.3 GENERAL (a) All documents to be submitted in connection with this TENDER SHALL BE WRITTEN IN ENGLISH AND IN INK. (b) All prices shall also be expressed in words wherever indicated. (c) Metric Units Dimensions, weights etc. SHALL BE QUOTED IN METRIC system. The terms "tone"= 1,000 Kg. shall be used to indicate a metric tone. Scada Sport,13 72 1.1.4 CLARIFICATIONS Any clarification required by the Tenderer may be obtained from the Sr.Divl.Electrical Engineer(TRD), east Central Railway, Danapur or his successor/ nominee (whose address will be intimated in due course). 1.1.5 EARNEST MONEY (a) The Tenderer shall deposit an Earnest Money of amounting as indicated in Para 5 of "Preamble" in favour of the Financial Adviser and Chief Accounts Officer, East Central Railway, Hajipur or his successor / nominee (whose address will be intimated in due course). Tenderers shall hold the offer open for a period of four months from the date fixed for opening the same, it being understood that the tender documents have been sold/issued to the tenderer and the tenderer has been permitted to tender in consideration of the stipulation on his part that after submitting his tender, he will not resile from the offer or modify the terms & conditions thereof, in any manner not acceptable to the Sr.Divl.Electrical Engineer (TRD), East Central Railway, Danapur or his successor/nominee. Should the tenderer fail to observe or comply with the foregoing stipulation the entire earnest money amount shall be forfeited by the Railways. (b) The receipt shall be incorporated in the original copy of the tender offer. The earnest money should be in cash or in any of the following forms: Deposit receipts, pay orders, demand drafts. These forms of earnest money could be either of the State Banks of India or any of the Nationalised Banks or any Schedule Banks. No confirmatory advise from the Reserve Bank of India will be necessary. The Earnest money deposit in the form of Guarantee bonds shall not be accepted. NOTE: In case the earnest money is deposited in cash the payment should be made to the Divisional Cashier, East Central Railway, Danapur or his successor/ nominee Cash receipts obtained from him should be furnished along with the original copy of the tender offer. (c) In the case of successful Tenderer, the earnest money deposit mentioned above will be retained as part of security for the due and faithful fulfillment of the contract in terms of clause1.2.17. 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) The total earnest money shall be forfeited without prejudice to other rights and remedies available if the Contractor fails to execute the agreement or start the work within a reasonable time (to be determined by the Sr. Divl. Electrical Engineer (TRD),Danapur or his successor/nominee) after the notification of the acceptance of his/their tender. 1.1.6 -DELETED- 1.1.7. FORM OF TENDER The Tender Bid shall be submitted in only one sealed cover in two sections as under: - Section-I Eligibility /Qualifying elements of the Tender Bid. Section -II Technical, Commercial and Price elements of the Tender Bid. The TENDER Bid shall be submitted in two copies. Each copy of the TENDER shall be completed in all respects. The copies should be marked "ORIGINAL", "DUPLICATE" and so on. All copies of the Scada Sport,13 73 TENDER shall be replica of the original in all respect except as specified in the note below. The tenderer may submit his TENDER on his own PAPER but he shall strictly adhere to the form included in Part-V of the TENDER paper. The nomenclature and part Nos. of various components in materials as used in the TENDER PAPER shall be strictly adhere to. The TENDER and its contents shall be foolscap/quarto size. Tenders not submitted in the proper form are liable to be rejected. Documents to be enclosed with Bid:Each copy of the Bid shall consist of the following:1) Offer letter completed with summary of prices duly filled in. 2) Prices (Form-1) Schedule 1, ........…Schedule of prices Section 1 & 2 (Form-5) Schedule 4 .......….. Schedule of prices of equipments, Components & materials (spares) (Form-8) Schedule 5 ...Schedule of prices of special tools and plants for maintenance. (Form-9) 3) Tenderer's credentials (Para 1.1.21) (Form-12) 4) Receipt for earnest money deposit 5) SCHEDULE OF GUARANTEED PERFORMANCE DATA TECHNICAL AND OTHER PARTICULARS (ANNEXURE 2 OF PART II) ALONGWITH ALL RELEVANT TECHNICAL INFORMATION LEAFLETS DESCRIPTIVE LITERATURE ETC. 6) CLAUSE-WISE COMPLIANCE STATEMENT TO TECHNICAL SPECIFICATION INDICATED IN PART-II OF TENDER PAPER. 7) ALTERNATIVE PROPOSAL OF THE TENDERER IF ANY. (Form-4) 8) TENDERER'S SCHEME OF WORK AND TIME SCHEDULE (SEE PARA 1.1.11). (Form-10) 9) NAME OF MANUFACTURER/S, PLACE OF MANUFACTURE & INSPECTION OF SUPPLY (Form-11) 10) DRAWING, IF ANY, WITH COMPLETE LIST. Notes:i) A copy of the TENDER papers duly signed in Ink by the Tenderer, on each and every page in token of his having studied the TENDER papers carefully shall be attached with the Tender. ii) The original and duplicate copies of the TENDER offer shall be signed on each and every page in ink. iii) The original copy of the pay order, demand draft or deposit receipt for Earnest Money shall be incorporated in original copy of the CREDENTIAL BID. Other copies of the TENDER shall contain true copies of the pay order, demand draft or the deposit receipt and the Income Tax Clearing Certificate. Scada Sport,13 74 (e) ALTERNATIVE PROPOSALS Should the Tenderer have alternative proposal for basic arrangement, typical designs and specifications and drawing for components and materials (see Para 1.1.10) which the Tenderer considers would improve the operating performance of the equipment or would reduce the cost of equipment, he shall incorporate then in the TENDER for consideration by the Purchaser (Form-4 (a) & 4(b)). He shall clearly indicate in detail the technical and/or financial advantages, which would accrue to the Purchaser specifically for each alternative proposal suggested by him. 1.1.8 PRICES This is a works contract. The prices to be paid for supply and erection of various items of work or for materials and other amount payable shall be in accordance with accepted schedules of prices or rates as governed by the terms and conditions of payment included in Part I, Chapter III- Prices and payment. 1.1.9 - - Deleted - - 1.1.10 SPECIFICATIONS AND DRAWINGS (a) The Tenderer shall follow the standard general arrangement drawings and other drawings and specification relating to the equipment, components and fittings specified in the TENDER Papers. A list of standard drawing and specifications is enclosed in Annexure-I, Part-IV. Copies of the above standard drawings are available for inspection in the Drawing office of the Chief Electrical engineer, Railway Electrification, Allahabad or his successor/ nominee (whose address will be intimated in due course). If the Tenderer so desires he may purchase full sets of drawings and specifications from the office of the Chief Electrical Engineer, Rly Electrification, Allahabad-211001 or his successor /nominee (whose address will be intimated in due course) on payment. However, if the Tenderer desires to purchase individual drawings and specifications he may do so also from the office of the chief Electrical Engineer, Railway Electrification, Allahabad. (b) Meaning and intent of specifications and Drawings - If any ambiguity arises as to the meaning and intent of any portion of the specification and drawing or as to execution of qualify of any work or material or as to the measurements of the works, the decision of the Engineer thereon shall be final subject to appeal (within seven days of decision being intimated to the contractor) to the Chief Electrical Engineer who shall have the power to correct any errors, omissions or discrepancies in the specifications, drawings, classification of work or materials, and whose decision in the matter in dispute or doubt shall be final and conclusive. 1.1.11 SCHEDULE OF WORK (a) The Tenderer shall indicate the period in months within which he would complete the work in Remote Control Center and different Controlled Stations in the offer letter of TENDER assuming that the Letter of Acceptance/intent of the TENDER is issued to him in month zero. In this connection the recommended scheme of work to be followed by the tenderer can be seen at Form-10. b) TIME PROGRESS GRAPH The Tenderer shall enclose with his offer the scheme of work and time schedule (See Form-10) on graph PAPER showing the period of time that he will take for the various items of work listed therein. The Tenderer shall indicate in the form of notes to the schedule the assumptions and the basis adopted for the preparation of the time schedule. Detailed time schedule as required under Para 1.2.18 shall be based on this time schedule. Any reduction offered by the Tenderer in the period allowed for completion of works will be taken into account while examining the offers. 1.1.12 SIGNING OF TENDERS Scada Sport,13 75 (a) Any individual or individuals signing the TENDER or other documents connected therewith should specify whether he is signing:- (i) As sole Proprietor of the concern or his Attorney, or (ii) As a Partner or Partners of the firm, or (iii) For the firm per procreation, or; (iv) As a Director, Manager or Secretary in the case of a limited Company. (b) In the case of firm not registered under the Indian Partnership Act, all the partners or the attorney duly authorized by all of them should sign the TENDER and all other connected documents. A copy of the document empowering the individuals to sign should also be sent with the Tender. In any case, the Tenderer should disclose his constitution fully and copies of all necessary legal documents in support thereof should be submitted with the Tender, and originals thereof should be produced as and when called for. (c) Should the Contractor be a partnership firm and in the event of the Contract becoming inoperable due to the death of its partner or partners, the Purchaser shall have the right to enter into a separate Agreement with the surviving partner or partners of the firm to continue the execution of the work under the terms and conditions of this agreement. 1.1.13 TENDERER'S ADDRESS Every Tenderer shall state in the TENDER his postal address fully and clearly. Any communication sent to the Tenderer by Post at his address shall be deemed to have reached the Tenderer duly and in the time not withstanding the fact that the communication did not reach the Tenderer at all or in time for whatever reason. Important documents shall be sent by Registered Post. 1.1.14 ERASURE OR ALTERATION No erasure or alteration in the text of the TENDER papers is permitted and any such erasure and/ or alteration will either be disregarded or render the whole TENDER void at the option of the Purchaser. Any correction made in rates for work shall be initialed by the Tenderer in ink and date. 1.1.15 RESULT OF TENDER The successful as well as unsuccessful Tenderers will be advised by letter. No TENDER shall be deemed to have been accepted unless such acceptance shall have been notified in writing to the successful Tenderer by the Purchaser. 1.1.16 PURCHASER NOT BOUND TO ACCEPT ANY TENDER The Purchaser shall not be bound to accept the lowest or any TENDER or to assign any reason for nonacceptance or rejection of a Tender. The Purchaser reserves the right to accept any TENDER in respect of the whole or any portion of the work specified in the TENDER papers or to sub-divide the work among different Tenderers or to reduce the work or to accept any TENDER for less than the tendered quantities without assigning any reason what so-ever. In case the overall value of the tender by Central public Sector undertakings is upto 10% higher than the lowest acceptable tender of private sector tenderer, subject to cost of tender being in excess of one crore, the Railway reserves the right to give purchase preference to the tender of such Central public sector undertaking ignoring the lowest. However, such public enterprises which avail benefit of the purchase preference would be subjected to adequate penalties for cost over-runs etc. Scada Sport,13 76 1.1.17 TENDER AN AGREEMENT The fact of the submission to the Purchaser of a TENDER shall be deemed to constitute an Agreement between the Tenderer and the Purchaser whereby such TENDER shall remain open for acceptance either in part or in full, or as may be modified by negotiation, by the Purchaser for a period of four months from the date on which tenders are opened, during which period the Tenderer shall not withdraw his offer not amend, impair or derogate there from. The earnest Money deposited in accordance with Para 1.1.5, above shall be forfeited if the tenderer unilaterally withdraws, amend, impairs or derogate from the TENDER in any respect within the said period of four months. The Tenderer shall be deemed to have agreed as aforesaid in consideration of his TENDER being considered by the Purchaser in terms hereof provided the same has been duly submitted and is otherwise in order. When the successful Tenderer is notified in writing at his address given in the TENDER within the said period of four months that his TENDER has been accepted by the purchaser either in whole or in part, he shall be bound by the terms of agreement constituted by his TENDER and such acceptance thereof by the purchaser until a formal contract has been executed between him and the purchaser in replacement of such Agreement as provided for in Para 1.2.16. 1.1.18 TENDER CONFIDENTIAL The Tenderer whether his TENDER be accepted or not shall treat the contents of his TENDER as private and confidential. He shall also treat the prices quoted by him as strictly confidential till the Tenders are opened (See Para 1.1.23). 1.1.19 CANVASSING AND BRIBERY (a) No Tenderer shall canvass any Government official or the purchaser's Engineers in respect of this or any other Tender. Contravention of this condition will involve rejection of the Tender. This clause shall not be deemed to prevent the Tenderer from supplying the purchaser any information asked for by him. (b) Any bribe, commission, gift or advantage given, promised or offered by the Tenderer, or his partner, Agent, or servant or any one on his or their behalf, to any officer, servant representative or Agent of the purchaser or any person on his or their behalf, in relation to the obtaining of this or any other contract with the purchaser, shall in addition to the obtaining liability he may incur under the prevention of Corruption Act (1908), subject the Tenderer to the cancellation of this and all other Tenders. Any question or dispute as to the commission of any offense under the present clause shall be decided by the purchaser, in such manner and on such evidence or information as may be thought fit and efficient, and his decision shall be final and conclusive in the matter. (c) Should a Tenderer be a retired Engineer of the gazetted rank or any other gazetted officer working before his retirement weather in the executive or administrative capacity or whether holding a pension able post or not in any Department of any of the Railways owned and administered by the President of India for the time being or should a Tenderer being a partnership firm have as one of its partners a retired Engineer or a 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 retired engineer or retired gazetted officer as aforesaid, the full information as to the date of retirement of such engineer or gazetted officer from the said service, and in cases where such engineer or officer had not retired from Government service at least two years prior to the date of the 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 the Officer as the case may be, from the President of India or any officer duly authorized by him in his behalf, shall be clearly stated in writing at the time of submitting the Tenders (See offer letter Form-1). Scada Sport,13 77 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. 1.1.20 INDIAN LABOUR AND MATERIAL (a) The Tenderer shall utilize Indian Labour including supervisory staff, for the execution of this contract to the maximum possible extent. (b) The TENDER shall be prepared on the basis that all materials required for this work are procured form indigenous sources in full. 1.1.21 TENDERER'S CREDENTIALS The Tenderer shall include his credentials including all details as required as per qualifying criteria stipulated in Para 3 of preamble in his TENDER (Form-12). 1.1.22 SUBMISSION OF TENDER The TENDER shall be submitted in two copies in the form stated in Clause 1.1.7 and enclosed in sealed cover super scribed "TENDER for Supervisory Remote Control and Data Acquisition System" and addressed to the Sr.Divl.Electrical Engineer (TRD),Danapur or his successor/ nominee (whose address will be intimated in due course) and dropped in the TENDER Box placed for the purpose at the office of the Sr.Divl.Electrical Engineer (TRD),Danapur or his successor/ nominee (whose address will be intimated in due course), not later than the date and time prescribed in the preamble to the TENDER Papers. Such TENDER as cannot be dropped in the TENDER Box due to large size, shall be handed over to the Sr.Divl.Electrical Engineer (TRD),Danapur or his successor/ nominee (whose address will be intimated in due course) in person not later than the prescribed date and time and a receipt thereof obtained. Firms whose registered office are situated in foreign countries and who have no branch offices in India may submit their TENDER by Registered post, acknowledgment due, so as to reach the office of the Sr.Divl.Electrical Engineer (TRD),Danapur or his successor/ nominee (whose address will be intimated in due course) not later than prescribed date and time. 1.1.23 OPENING OF TENDER The TENDER will be opened in the office of the Sr.Divl.Electrical Engineer (TRD),Danapur or his successor/nominee (whose address will be intimated in due course) in the presence of such of the Tenderers or their representatives as may be present at the prescribed date and time specified in the preamble to the TENDER Paper. At the time and date prescribed in preamble to the TENDER paper, the bid shall be opened and the contents, tenders credentials EMD & Guarantee Bond shall be read out. After the opening of tender bids, it shall be scrutinized and analyzed. If found necessary by the purchaser, the tenderer shall be asked to furnish the clarifications and the purchaser shall also hold discussions with the tenderer(s) after giving due notice. 1.1.24 MISCELLANEOUS TENDER documents are not transferable. The cost of TENDER PAPER is not refundable. ************ Scada Sport,13 78 PART - I CHAPTER - II CONDITIONS OF CONTRACT Scada Sport,13 79 PART - I CHAPTER - II CONDITIONS OF CONTRACT --------------------------------------------------------------------------------------------------------PARA NO. SUBJECTS --------------------------------------------------------------------------------------------------------1.2.1 SCOPE Scada Sport,13 1.2.2 CONDITIONS OF CONTRACT. 1.2.3 PURCHASER'S REPRESENTATIVE. 1.2.4 CONTRACTOR'S REPRESENTATIVE. 1.2.5 CONTRACTOR'S OFFICE & ADDRESS 1.2.6 PURCHASER'SADDRESS. 1.2.7 DELETED. 1.2.8 TAXES 1.2.9 ILLEGAL GRATIFICATION 1.2.10 RAILWAY PASS. 1.2.11 LAWS IN INDIA. 1.2.12 FORCE MAJEURE. 1.2.13 NOTICES UNDER LOCAL LAWS. 1.2.14 DETERMINATION OF CONTRACT. 1.2.15 LOSS IN TRANSIT. 1.2.16 AGREEMENT. 1.2.17 SECURITY DEPOSIT. 1.2.18 SCHEME OF WORK. 1.2.19 QUALITY OF MATERIALS¦ ERECTION. 1.2.20 SPECIFIE 1.2.21 OTHER RAILWAY STORES 1.2.22 CONTRACTOR’S ORGANISATION. RAILWAY STORES. 80 --------------------------------------------------------------------------------------------------------PARA NO. SUBJECTS --------------------------------------------------------------------------------------------------------- Scada Sport,13 1.2.23 CONTRACTOR'S DRAWING ETC. 1.2.24 SUB-CONTRACTOR'S. 1.2.25 INSPECTION. 1.2.26 LOADING AND UN-LOADING OF HEAVY MATERIAL. 1.2.27 DELETED. 1.2.28 TRAFFIC BLOCKS 1.2.29 DEFAULT AND DELAY. 1.2.30 LOSS SUSTAINED DUE TO DEFAULT AND DELAY. 1.2.31 CORRECTNESS OF WORK AND SUPPLY. 1.2.32 CONTRACTOR'S RESPONSIBILITY FOR DISCREPANCIES. 1.2.33 ADDITIONS,ALTERATIONS TO ERECTED EQUIPMENT. 1.2.34 QUANTUM OF WORK AND SUPPLIES. 1.2.35 COMPETENT SUPERVISORS. 1.2.36 TRAINING OF PURCHASER'S STAFF. 1.2.37 WORK BY OTHER AGENCIES. 1.2.38 ACCESS TO WORK SITE. 1.2.39 INFRINGEMENT OF PATENTS. 1.2.40 INSURANCE. 1.2.41 ACCIDENTS. 1.2.42 CONTRACTOR'S LIABILITY FOR COST AND DAMAGES. 1.2.43 SAFETY MEASURES. 1.2.44 PENALTY FOR DELAY IN COMPLETION. 1.2.45 EXTENSION OF TIME. 1.2.46 PROVISIONAL ACCEPTANCE. 81 PARA NO. SUBJECTS --------------------------------------------------------------------------------------------------------1.2.47 DEFECTIVE EQUIPMENT TO BE CHANGED. 1.2.48 USE OF REJECTED EQUIPMENT. 1.2.49 GUARANTEE. 1.2.50 FINAL ACCEPTANCE. 1.2.51 PAYMENT. 1.2.52 SITE CLEARANCE. 1.2.53 EQUIPMENTS, COMPONENTS, FITTINGS AND MATERIALS RECEIVED FOR WORK. 1.2.54 ARBITRATION. 1.2.55 PAYMENT DURING ARBITRATION. 1.2.56 REFUND OF SECURITY DEPOSIT. 1.2.57 PROVISION OF CONTRACT LABOUR ACT. 1.2.58 PROVISION OF APPRENTICES ACT. 1.2.59 PROVISIONS OF PAYMENTS OF WAGES ACT. 1.2.60 PROVISION OF WORKMEN'S COMPENSATION ACT 1.2.61 PROVISION OF MINES ACT. 1.2.62 GENERAL CONDITION OF CONTRACT ************* Scada Sport,13 82 PART - I CHAPTER - II CONDITIONS OF CONTRACT 1.2.1 SCOPE This Chapter deals with the conditions of contract under which the various works coming under the purview of this contract are to be executed by the Contractor. 1.2.2 CONDITIONS OF CONTRACT If the Tender submitted by a Tenderer is accepted and the Contract awarded to the Tenderer, the various works coming within the purview of the contract shall be governed by the Terms and Conditions included in the Tender Papers covering the following;i) Preamble to Tender Paper. ii) Instructions to Tenderers and conditions of Tendering as iii) Conditions of Contract, as included in this chapter. iv) Prices and Payments, as included in Part I, Chapter III. v) Explanatory Notes of Schedule I, Schedule of prices, Part I Chapter IV. vi) General specifications as included or referred to in Part II vii) Particular specification, as included in Part III. included in Part I Chapter I. viii) Annexures under Part IV and Forms under part, and as modified or amended by the Letter of Acceptance of Tender. 1.2.3 PURCHASER'S REPRESENTATIVE Subject as otherwise provided in this contract, all notices to be given on behalf of the Purchaser and all other action to be taken on his behalf, may be given or taken as the case may be, on his behalf, by the General Manager or his successor. 1.2.4 CONTRACTOR'SREPRESENTATIVE The Contractor's Representative shall be a person as defined in Para 1.1.2. 1.2.5 CONTRACTOR'S OFFICE AND ADDRESS The Contractor shall, within a month of issue of letter of Acceptance of Tender, establish an office at a convenient place indicated in Part-III for progressing designs and drawings and field work expeditiously in consultation and with the approval of the Purchaser. He shall intimate the Purchaser and address thereof to which all correspondence should be sent. Any communication sent to the Contractor by post at his said address shall be deemed to have reached the Contractor duly and in time. Important documents shall be sent by Registered Post. Scada Sport,13 83 1.2.6 PURCHASER'S ADDRESS The list of address to which correspondence and documents relating to the Contract should be sent, is included in Part-III. 1.2.7 1.2.8 -----Deleted-----TAXES The Contractor and all personnel employed by him shall pay such Taxes like Income Tax as are payable under Statutory Laws of India and the Purchaser WILL NOT ACCEPT any liability for the same. Deduction of Income Tax at source as per the provisions of Finance Act and Income Tax act in force may be made from the Contractor/Sub Contractor and the amount so deducted be credited to the Central Government. 1.2.9 ILLEGAL GRATIFICATION Any bribe, commission gift or advantage given, promised or offered by the Contractor, or his partner, agent or servant or any one on his or their behalf, to any officer, servant, representative or agent of the Purchaser or any person on his or their behalf, in relation to the obtaining or the execution of this or any other Contract with the Purchaser, shall in addition to the criminal liability he may incur under the Prevention of Corruption Act(1908), subject the Contractor to the cancellation of this and all other Contracts, and also to payment of any loss resulting from any such cancellation to the like extent as is provided in case of cancellation due to other causes, and the Purchaser shall be entitled to deduct the amounts so payable from any moneys otherwise due to the Contractors under this or any other contract as envisaged under Para 1.2.42. Any question on dispute as to the commission of any offence under the present clause shall be decided by the Purchaser, in such manner and on such evidence or information as may be thought fit and sufficient, and his decision shall be final and conclusive in the matter. 1.2.10 Railway Pass No Railway pass for the conveyance of the Contractor or his Agents or his Labourers and/or stores will be granted. 1.2.11 Laws of India This contract shall be governed by the Laws for the time being in force in the Republic of India. 1.2.12 Force Measure If, at any time, during the continuance of this contract, the performance in whole or in part, by either party, or any obligation under this contract shall be prevented or delayed by reason of any war, hostility, acts of the public enemy, civil commotion, sabotage, fires, floods, earthquake, explosion, epidemics quarantine restrictions, strikes, lockouts, any statute statutory rules, regulations orders of requisitions issued by any Government department or competent authority or acts of God (hereinafter referred to as "event") then, provided notice of the happening of any such event is given by either party to the other within twenty one days from the date of occurrence thereof neither party shall by reason of such event be entitled to terminate this contract nor shall either party have any claim for damages against the other in respect of such non-performance or delay in performance, and the obligation under the contract shall be resumed as soon as practicable after such event has come to an end or ceased to exist, Provided further that if the performance in whole or part of any obligation under this contract is prevented or delayed by reason of any such event beyond a period as mutually agreed to by Scada Sport,13 84 the Purchaser and the Contractor after the event or 60 days in the absence of such an agreement whichever is more, either party may at its option terminate the Contract, provided that if the contract is so terminated under this clause, the purchaser will at the time of such termination take over from the contractor, at prices as provided for in the contract, all erected equipment or equipments under erection as also all or any portion of un-used, un damaged and acceptable equipment whether in storage or in the course of manufacture at supply rates of Schedule -1 or at prices mutually agreed to where supply rates of Schedule -1 are not available. 1.2.13 Notice Under local Law The Contractor shall assist to the purchaser throughout the continuance of the contract in respect of all matters arising out of the contracts, serve all notices and obtain all consents and way leaves, approvals and permission on behalf of purchaser required to be taken under any regulation and by-laws of the local or other authority which shall be applicable to the work. 1.2.14 Determination of Contract Notwithstanding the provisions under para 1.2.12 the Purchaser may, at any time, by a notice in writing, summarily determine the contract without liability to pay any compensate```on to the contractor in respect thereof in any of the following events and action would be taken as per para-16 of the Preamble. Determination of contract owing to default of contractor – (1) if the contractor should: (i) (ii) (iii) (iv) (v) (vi) (vii) Becomes bankrupt or insolvent for, Make an arrangement with of assignment in favour of his creditors, or agree to carry out the contract under a Committee of Inspection of his Creditors, or Being accompany or Corporation, go into Liquidation (other than a voluntary Liquidation for the purpose of amalgamation or reconstruction), or Have an execution levied on his goods or property on the work, or Assign the contract or any part thereof otherwise than as provided in clause 1.1.16 of these conditions or Abandon the contract, or Persistently disregard the instructions of the Engineer, or contravene any provision of contract, or (viii) (ix) Fail to adhere to the agreed programme of work by a margin of 10% of the stipulated period, or. Promise, offer or give may bribe, commission, gift or advantage either himself or through his partner, agent or servant to any officer or employee of the Railway or to any person on his or on their behalf in relation to the execution of this or any other contract with this Rly. (x) A) At any time after the tender relating to the contract has been signed and submitted by the contractor being a partnership firm admit as one of its partners or employ under it or being an incorporated company elect or nominate or allow to act as one of its directors or employ under it in any capacity whatsoever any retired engineer of the gazetted rank or any other retired gazetted officer working before his retirement, whether in the executive or administrative capacity, or whether holding any pensionable post or not, in the Engg. Deptt. of Rlys for the time being owned and administered by the President of India before the expiry of two years from the date of retirement from the said service of such Engineer or Officer unless such Engineer or Officer has obtained permission from the President of India or any officer duly authorized by him in this behalf to become a partner or a director or to take employment under the contractor, as the case may be, or (x)(B) (a) Fail to give at the time of submitting the said tender: The correct information as to the date of retirement of such retired engineer or retired officer from the said service or as to whether any such retired engineer or retired officer was under the employment of the Contractor at the time of submitting the said Tender, Or Scada Sport,13 85 (b) The correct information as to such engineers or officers obtaining permission to take employment under the Contractor, Or Being a partnership firm, the correct information as to whether any of its partners was such a retired engineer or a retired officer, Or (c) Being an incorporated company, correct information as to whether, any of the Directors was such a retired engineer or retired officer, Or Being such a retired engineer or retired officer suppress and not discloses at the time of submitting the said Tender the fact of his being such a retired engineer or a retired officer, or makes at the time of submitting the said Tender a wrong statement in relation to his obtaining permission to take the contract, or if the Contractor be a partnership firm or an incorporated company, to be a partner or Director of such firm or Company as the case may be to seek employment under the Contractor, and after expiry of 48 hours notice, a final termination notice should be issued. (d) Then an in any of the said clause, the Engineer on behalf of the Rly. may serve the Contractor with a notice in writing to that effect and if the contractor does not within seven days after the delivery to him of such notice proceed to make good his default in so far as the same is capable of being made good and carry on the work or comply with such directions as aforesaid to the entire satisfaction of Engineer, the Rly. shall be entitled after giving 48 hours notice in writing under the hand of the Engineer to rescind the contract as a whole or in part or parts (as may be specified in such notice) (2) Right of Rly. after rescission of contract owing to default of contractor – In the event of any or several of the courses, referred to in sub clause (1) of this clause, being adopted (a) The contractor shall have no claim to compensation for any loss sustained by him by reason of his having purchased or procured any materials of entered into any commitments or made any advances on amount of or with a view to the execution of the works or the performance of the contract and contractor shall not be entitled to recover or be paid any sum for any work there to for actually performed under the contract unless and until the Engineer shall have certified the performance of such work and the value payable in respect thereof and the Contractor shall only be entitled to be paid the value so certified. (b) The Engineer or the Engineer’s Representative shall be entitled to take possession of any materials, tools, implements, machinery & buildings on the works or on the property on which these are being or ought to have been executed, and to retain and employ the same in the further execution of the works of any part thereof until the completion of the works without the Contractor being entitled to any compensation for the use and employment thereof or for wear and tear per destruction thereof. ( c) The Engineer shall as soon as may be practicable after removal of the contractor fix and determined ex-part or by or after reference to the parties or after such investigation or enquiries as he may consider fit to make or institute and shall certify what amount (if any) had at the time of rescission of the contract been reasonably earned by or would reasonably accrue to the contractor in respect of the work then actually done by him under the contract and what was the value of any unused, or partially used materials, any constructional plant and any temporary works upon the site. The legitimate amount due to the contractor after making necessary deductions and certified by the Engineer should be released expeditiously. 1.2.15 LOSS IN TRANSIT If loss or damage occurs to the stores or any part thereof during transit by rail, the Contractor shall have only such remedy as is available to the public against the Carrier under the Indian Railways (Amendment) Act, 1961 No. 39 of 1961. Scada Sport,13 86 1.2.16 a) b) AGREEMENT The successful Tenderer shall normally, within 30 days on receipt of Letter of Acceptance, be bound to execute an agreement based on accepted rates and conditions, in such forms as the Purchaser may prescribe and lodge the same with the Purchaser together with the conditions of contract, specifications and Schedule of prices referred to therein duly completed. The form for agreement is included in part V (Form 14). b) If a work transferred from the jurisdiction of the one Railway to another Railway or to a project authority vice-versa while the Contract is in subsistence, the Contract shall be binding on the Contractor and successor Railway/Project in the same manner and take effect in all respect as if the Contractor and the successor Rly/projects were parties thereto from the inception and the corresponding officers or the competent authority in the successor Railway/project will exercise the same powers and enjoy the same authority as conferred to the Predecessor Railway/Project under the original contract/Agreement entered into. c) If for administrative or other reason the contract is transferred to the successor Railway/Project the contract shall notwithstanding anything contained herein contrary thereto binding on the Contractor and the successor Railway/Project in the same manner and take effect in all respects as if the contractor and the Railway/Project had been parties thereto form the date of this contract. 1.2.17 SECURITY DEPOSIT (a) The earnest money deposited by the contractor with his tender will be retained by the Railways as part of Security for the due and faithful fulfillment of the contract by the contractor. The balance to make up the security deposit, the rates for which are given below, may be deposited by the contractor in cash or may be recovered by percentage deduction from the contractor's "On Account" bills. Provided also that in case of defaulting contractor, the Railway may retain any amount due for payment to the contractor on the pending "On Account Bills" so that the amounts so retained may not exceed 10% of the total value of the contract. Incase of contract of value Rs. 50 Crores and above, irrevocable Bank Guarantee can also be accepted as a mode of obtaining Security Deposit. (b) Unless otherwise specified in the special conditions, if any, the Security Deposit/rate of recovery/mode of recovery shall be as under: (i) Security Deposit for the work shall be 5% of the contract value. (ii) The rate of recovery shall be @ 10% of the bill amount till the full security deposit is recovered. (iii) Security Deposits will be recovered only from the running bills of the contract and no other mode of collecting security deposit such as security deposit in the form of instruments like BG, FD etc shall be accepted towards Security Deposit. (c) Security Deposit recovered from the running bills can be returned to the contractor after a physical completion of the work as certified by the competent authority, if the contractor so desires, in lieu of FDR / irrevocable Bank Guarantee for equivalent amount to be submitted by him. The competent authority shall normally be authority who is competent to sign the contract but not lower than J.A. Grade officer. The certificate, interalia should mention that the work has been completed in all respect and that all the contractual obligations have been fulfilled by the contractor and that there is no due from the contactor to Railway against contract concerned. Before releasing the Security deposit, an unconditional & unequivocal no claim certificate from contractor concerned shall be obtained. (d) No interest will be payable upon the Security Deposit or amounts payable to the contractor under the contract. Scada Sport,13 87 1.2.18 SCHEME OF WORK a) Within a period of 60 days beginning form the date of issue of Letter of Acceptance of Tender, the Contractor shall submit to the authority as mentioned in Para 3.11 (b) (i) & (v)., the following documents. (see para 1.1.11). i) Detailed time schedule for design and submission of various documents enumerated in Part II, Chapter - V. Designs and drawings to be supplied by the Purchaser shall also be included in the time schedule to make it comprehensive. The Comprehensive schedule shall be planned in manner such that the entire basic design and drawings for this group are accepted by the Purchaser within a period not exceeding one third of the total period allowed for and working drawings within a period not exceeding two third of the total period allowed for completing the work. This period shall be reckoned from the date of issue of the Letter of Acceptance of Tender. The Schedule shall take into account the time required for study by the Purchaser who reserves for this purpose 30 days for verifying the design and drawings. ii) Time Schedule for Execution. The Contractor shall submit a detailed time schedule for the execution of the various items of the work specifying the duration of each part of these works together with comprehensive scheme of execution of the each section of 15km. The planning for each stage of work shall be done in order of priority as given by the Purchaser and should be such as to complete the entire work within the stipulated period. This planning should also include the programme of delivery of materials and equipment, which should synchronies with the progress of field work. b) Works to be done as approved. The planning shall be finalized in consultation with the Purchaser and approved by a letter in writing before commencement of the work and the Contractor shall be held responsible for the execution of the work in full compliance with approved designs and drawings. Designs and drawings modified at site by the Purchaser's Engineers shall be treated as approved. However, such Modifications shall be incorporated in the design and drawings and re-submitted for formal approval. c) Monthly Progress Report The Contractor shall furnish to the authority as mentioned in Para 3.11(b) (i) &(v) during the first week of every calendar month, a progress report showing progress of finalization of designs and drawings, materials and equipment received at site and the work carried out during the preceding month and up to date progress of these items along with the total quantum of designs and drawings, materials and equipments and the works required for the contract. A copy of the above documents should also be sent to CEE/E.C.Railway/Hajipur and Sr.DEE/TRD/Danapur. 1.2.19 QUALITY OF MATERIALS AND ERECTION a) All materials used in the work shall be procured from reputed firms approved by the RDSO/Purchaser for specific items and shall be of the best quality and of the class most suited for the purpose specified. It is essential that the manufacturer/s from whom supply is arranged should have long experience of design and manufacture of equipments, components, materials and fittings. The requisite facilities for testing prototypes supplied against this contract should be available with the Manufacturer. In the case of these equipments, components or fittings for which the requisite facilities for testing prototypes are not available with the Manufacturer, the manufacturer shall arrange to carry out the prototype tests at his own cost in a testing laboratory approved by the Purchaser. Only tested quality steel shall be used. b) All erection work carried out shall also be of the best quality, acceptable to the Purchaser. NOTE: The supply of equipments shall be from the approved Sources only (as mentioned in Part-I (Regular) of the RDSO's /CORE's approved list of vendors and not from part-II (Developmental) . However, items / materials for which RDSO/ CORE approved sources are not existing, the same may be Scada Sport,13 88 procured as per relevant BIS/Specs. from other sources after one time approval of the source (for this particular work only) from the project incharge. 1.2.20 SPECIFIED RAILWAY STORES a) The various materials which will be supplied to the Contractor by the Purchaser, free at Contractor's depot are listed in Annexure-4. The price in Schedule-1 shall be exclusive of the cost of supply of these items. For the purpose of final reconciliation the procedure laid down in Para 1.4.5 will be followed. Shortages shall be recovered from the Contractor by the purchaser at the prices specified in the Note at the end of Para 1.4.5 Cost of repairs to damage of materials handed over to the Contractor, shall be borne by the Contractor. b) Further the Purchaser reserves the right to supply any equipments, components or materials which are in contractor's scope of supply, indigenous or imported, from his own resources in quantities which may fulfill the contract either in whole or in part up to a maximum of 15% of the total value of the contract. No handling charges will be paid to the Contractor for such supplies, and the same shall be accepted by the Contractor provided that the Purchaser shall, at the time of issue of Letter of Acceptance of Tender to the Contractor, indicate to the Contractor the list of materials and quantities thereof which will be supplied. Such materials will be supplied by the Purchaser free at the Contractor's depot/sufficiently in advance of the planned date/s of erection. Such materials shall be tested by the Contractor at his cost before use to the extent that the specifications require tests at site prior to installation but Contractor will not be responsible for any defects in the material or component and he may return to the Purchaser any materials which are found defective or damaged on account of manufacturing defects. Any undamaged surplus materials left with the Contractor on completion of the work should also be returned to the Purchaser for which necessary adjustments would be made. The cost of the materials supplied by the Purchaser to the Contractor in terms of the above sub-para would be recovered from the Contractor as indicated in Para 1.3.9. d) The various equipments components and materials supplied by the Purchaser to the Contractor will be handed over to the Contractor, as far as possible in a state ready for installation. The Purchaser shall supply to the Contractor within reasonable time (as far as possible within 6 months of issue of Letter of Acceptance of Tender)as many copies as possible (subject to a maximum of six copies)each of the drawings of all items to be supplied by the Purchaser. Wherever possible 2 copies each of the Instruction booklets for various equipments will also be supplied by the Purchaser. The Contractor shall carefully follow the instructions mentioned in the various instruction booklets and those indicated by the Purchaser during the erection of equipments supplied by the Purchaser and shall endeavors to bring such equipments into successful operation. In the event of failure of any item supplied by the Purchaser due to inherent defects/deficiencies in the item, the Contractor shall not be responsible. Should the defects be repairable at site without requiring the dismantlement of the equipment, then, the repair shall be done by the Contractor, free of cost, for which the necessary replacement parts will be supplied by the Purchaser, free of cost, to the Contractor. If the defects can not be rectified at site and the replacement of the equipment is required then the Purchaser shall replace the defective equipment, alternatively, the Contractor may be required to dismantle the defective equipment and re-erect the repaired equipment for which he shall be paid separately at original Schedule-1 rates as applicable, if available or at rates to be mutually agreed to between the Purchaser and the Contractor prior to undertake the work. e) In case the damage to the stores handed over to the Contractor, is caused by fault test or careless handling by the Contractor as distinct from damage due to inherent manufacturing defect, the cost of the repairs to/replacement of the damaged equipment shall be borne by the Contractor. 1.2.21 OTHER RAILWAY STORES If any material other than those specified in Para 1.2.20 is supplied by the Purchaser either at the Contractor's request or suo moto in order to prevent any possible delay in the execution of the works likely to occur due to the Contractor's inability to make adequate arrangements for supply thereof or Scada Sport,13 89 otherwise, recovery will be made from Contractor’s bill on the basis of issue rate or market rate prevailing at the time of supply whichever is higher plus 5% freight charges and 2% incidental charges together with supervision charges at 12.5% including freight or supply rate of Schedule-1 whichever is higher. This recovery would be made from any bill submitted by the contractor subsequently either “on account” or "progress payment". Freight between the Purchaser's source of supply and the Contractor's depot or railhead shall be to the Contractor's account. If, however, the material required by the Contractor is not available in Purchaser's stock or the Purchaser decides not to supply the same, be that for whatever Reason, the Purchaser shall not be bound to arrange for the supply at cost quoted above or at any other cost, nor will this fact be accepted as an excuse for delay in execution of the works. NOTES: No material other than those specified in clause 1.2.20 above shall be supplied. The unspecified stores can be supplied to the Contractor on the discretion of the Railway administration subject to the availability of materials. The transaction shall be strictly on sale basis for which recovery will be made as per Para 1.2.21 above from the first bill received from the contractor subsequent to the handing over of the materials. 1.2.22 CONTRACTOR'S ORGANISATION a) In addition to the establishment of an office as per Para 1.2.5 the Contractor shall set up at least one main depot for receiving and storing steel work and other materials and establish a workshop for small fabrication and assembly work. The location of Contractor's depot will be mutually agreed upon by the Purchaser and the Contractor. The Purchaser shall offer free of charge open space reasonably level and workable for the depots. The depot will be provided with a siding of suitable length free of charge. All other expenses for providing covered and enclosed storage and workshop accommodation and facilities and running the establishment shall be incurred by the Contractor. b) The Contractor shall hand over the depot area complete with siding on completion of the work, cleared of all structures, stores or refuse unless otherwise agreed to by the Purchaser. c) The Contractor will be responsible for transport of materials from source of supply to the depot or between depot and work site. If Wagons are required, the Purchaser will use his good offices for expeditious allotment. The Contractor will be responsible for all loss and/or damage in the transfer of materials and for demurrage or wharf age he may incur, and no loss, damage or expenses incurred on this account, will be reimbursed by the Purchaser. d) Electricity may be supplied at places where spare capacity is available for running of machinery and for lighting. The Contractor shall provide his own distribution system in consultation and with the approval of the Purchaser. The cost of providing connection sand of energy consumed shall be paid by the Contractor to the Purchaser in accordance with relevant rules and prevailing rates of the Railway. e) At places where piped water supply is available, the Purchaser may supply water to the Contractor at convenient point/s for execution of work and for his depot, if necessary. The Contractor shall arrange to lay his own pipelines for distribution, in consultation and with the approval of the Purchaser. The Contractor will be charged for consumption at the fixed rate of Rs. two per thousand liters subject to periodical revision by the General Manager or his successor. f) The Contractor shall arrange at his own cost all tools, plants and facilities for erection and testing of the equipment, in compliance with the specification. The list of machinery, tools and plants and the other infrastructure available with the Tenderer will be furnished along with the BID(Form-12). Scada Sport,13 90 g) No conservancy cess charges will be recovered from the Contractor. The Tenderer should take note of this while quoting rates. 1.2.23 CONTRACTOR'S DRAWINGS ETC. Any calculations, designs, drawings, schedules, information, data, progress charts etc. required by the Purchaser's Engineers in connection with the Contract, shall be furnished by the Contractor at his own expenses. The Contractor will not be required to furnish drawings, designs and calculations etc. for basic designs and employment schedules provided by the Purchaser in case no modification/ deviation is proposed by the Contractor for a particular basic design/ employment schedule. In case of new developments in designs, comments on Research Designs and Standards Organisation (hereinafter called R.D.S.O's) basic drawings/designs/employment schedules will be submitted by the contractor to the Purchaser. If the R.D.S.O.'s drawing/design/ employment schedule is not revised, Contractor need not submit drawings/designs/employment schedules to the Railway Electrification. In the event of the Contractor suggesting any Alteration/ deviation, which is approved by R.D.S.O. the Contractor will re-trace the drawings and supply copies after approval by Purchaser/R.D.S.O.(See Part II, Chapter).All designs/drawings/ calculations/data submitted by the contractor for execution of the work shall become property of the purchaser and Railways reserve the right to use them for any work, in any manner deemed fit. In case of any ambiguity in the interpretation of design & drg, The decision of the purchaser shall be final and conclusive. 1.2.24 SUB-CONTRACTORS a) The Contractor may sublet a part of the works under this Contract and enter into contract with suppliers for supply of materials. b) The names of all sub-contractors proposed to be employed for execution of work or any part thereof including manufacturing of components and fittings shall be submitted by the Contractor to the Purchaser and got approved by him before the Contractor enters into an agreement with the SubContractor for the purpose. c) The Contractor shall arrange for effective supervision of Sub Contractor's work and remain solely responsible for materials supplied and for works carried out on his behalf by the Sub Contractor/s. 1.2.25 a) INSPECTION Materials All equipments, materials, fittings and components will be subject to inspection by the Purchaser or his representative at the manufacturer's factory before dispatch and no materials shall be dispatched from the manufacturer's factory until these are inspected and/or approved. The materials may also be inspected by the Purchaser or his representatives again at the Contractor's depot. The Purchaser or his representatives shall have the right to be present during all stages of manufacture, and shall be afforded, free of charge, all reasonable facilities for inspection and testing so as to satisfy himself that the materials are in accordance with specifications, approved drawing and designs. Any unreasonable delay in inspection will be reasonable ground for extension of time for completion of the work. b) Erection All erection work will be subject to inspection by the Purchaser or his representative to ensure that the work is done in accordance with the specification and approved drawings. c) Expenses of Purchaser's representative Scada Sport,13 91 All the expenses of the Purchaser's representative shall be borne by inspected material is utilised in the work or not. the Purchaser whether the d) e) The decision of the General Manager or his successor shall be final in respect of acceptability or otherwise of any material fitting, component or equipment required for the work. 1.2.26 LOADING AND UNLOADING OF HEAVY MATERIALS The Contractor shall make his own arrangements for loading and unloading of all materials at his depot or at work sites. The Contractor may, however, obtain such facilities from the Railway as a normal user on payment of normal scheduled charges. 1.2.27· 1.2.28. WORK TRAINS ----- deleted-----TRAFFIC BLOCKS ----- deleted ------ 1.2.29 DEFAULT AND DELAY The contractor shall execute the work with due diligence and expedition keeping to the approved time schedule. Should he refuse or neglect to comply with any responsible orders given to him in writing by the Purchaser's Engineer in connection with the work or contravene the provision of the contract or the progress of works lags persistently behind the time schedule due to his neglect, the Purchaser shall be at liberty to give seven day's notice in writing to contractor requiring him to make good the neglect or contravention complained of and should the contractor fail to comply with the requisitions made in the notice within seven days from the receipt thereof, the purchaser shall be entitled after giving 48 hours notice in writing under the hand of the Contractor's Engineer (to rescind the contract as a whole or in part or parts as may be specified in such notice) and action would be taken as per para-16 of Preamble. 1.2.30 LOSS SUSTAINED DUE TO DEFAULT AND DELAY a) In the event of any loss to the Purchaser on account of execution and/or completion of the work or any part thereof by Agencies other than the Contractor, in terms of Para 1.2.29, the Contractor shall be liable to reimburse the loss to the Purchaser without prejudice to the other rights and remedies of the Purchaser, and the reimbursement in full or in part as the case may be shall be made at the option of the Purchaser, from out of all or any of the following sources viz. i) Any amount due and payable to the Contractor by the Purchaser on any account whatsoever. ii) The Contractor's Security deposit in the hands of the Purchaser as far as available; and iii) Any other assets whatsoever of the Contractor. b) In the event of reimbursement from out of Sources (i) and/or (ii) above mentioned, the Purchaser shall have the right of appropriation suo-moto. NOTE: The above Para should be read in conjunction with Para 1.2.42 1.2.31 CORRECTNESS OF WORK AND MATERIALS a) The Contractor shall be solely responsible for the correctness of the positions, levels and dimensions of the works according to approved drawings notwithstanding that he may have been Scada Sport,13 92 assisted by the Purchaser or his men in setting out the same. b) If any dimension figured upon a drawing differs from that obtained by scaling the drawings the figured dimension should be normally taken as correct unless it is prima facie a mistake. But all such cases shall be brought to the notice of the Purchaser's Engineers and the discrepancy set right before execution. 1.2.32 CONTRACTOR'S RESPONSIBILITY FOR DISCREPANCY a) All designs and drawings submitted by the Contractor shall be based on a thorough study and shall be such that the Contractor is satisfied about their suitability. The Purchaser's approval will be based on these considerations. Notwithstanding approval communicated by the Purchaser, during the progress of the Contract, for designs and drawings, prototype samples of Components, materials, and equipments after inspection and adjustments to installations, the ultimate responsibility for correct design and execution of work shall rest with the Contractor unless the Purchaser insists on adoption of his own Designs in spite of the Contractor not being agreeable to it. b) The Contractor shall be responsible for and shall bear and pay the costs for any alteration of works arising from any discrepancies, errors or omissions in the designs and drawings supplied by him, whether such designs and drawings have been approved by the Purchaser or not. 1.2.33 ADDITION & ALTERATIONS TO ERECTED EQUIPMENT The Purchaser may require additional installation or modifications to be carried out on the works he deems necessary, either during the execution or after a part or whole of the installations coming within the purview of the Contract has been put into commercial service. In case the prices for such additional works or modifications are not covered by the schedule of prices and are such that either party considers additional prices for such works justified, such additional works or modifications shall be carried out, only after the additional prices proposed by the Contractor are accepted by the Purchaser. In case additional installations or modifications are required to be carried out under this Para, the Purchaser shall grant a reasonable extension of time, should this be considered necessary. 1.2.34 QUANTUM OF WORK & MATERIALS Variation of quantity:The procedure detailed below:(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 of 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; Scada Sport,13 93 (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 case 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 ) If 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 the 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 up to 125% of the original agreement value may be accepted by General Manager. (9) For tenders accepted by Board Members and Railway Minister, variations up to 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 variation 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 1.2.35 COMPETENT SUPERVISOR a) The erection of all equipments according to the specifications will be done by the Contractor at his cost. For this purpose, the Contractor shall employ competent representatives to supervise the erection of the equipment and the carrying out of the works at all stages. The said representative shall be present at site during working hours and any written orders or instructions which the Purchaser's Engineers may give to the said representatives of the Contractor shall be deemed to have been duly given or communicated to the Contractor. Scada Sport,13 94 b) The Contractor or his representative will accompany the Purchaser's Engineers on inspection or proceed to their offices whenever called upon to do so. c) The Contractor's representative shall give the necessary direction to his workmen and ensure that they execute their work in sound and proper manner. He shall employ only such supervisor, workmen and labours for the execution of any of the works as are careful and skilled in their respective trades and callings. If and whenever required by the Purchaser's Engineer the Contractor shall submit a correct return showing the names of all personnel employed by him for the Contract. In the event of the Purchaser's Engineer being of the opinion that the Contractor is not employing a sufficient number of competent staff as is necessary for proper execution of the works within the time prescribed the Contractor shall forthwith on receiving intimation to this effect take on the additional number of staff as advised by the Purchaser's Engineer. 1.2.36 TRAINING OF PURCHASER'S STAFF The Contractor shall train, free of charge, in a manner mutually agreed between the Purchaser and Contractor, such staff of the Purchaser as may be deputed by him, and the wages and allowance and all other associated expenses of such staff shall be paid by the Purchaser. 1.2.37 WORK BY OTHER AGENCIES a) Any other works undertaken at the same time by the Purchaser or the Railway direct or through some other agency at the same site or section where the Contractor is carrying out his work, will not entitle the Contractor to prefer any claim regarding any delay or hindrance he may have to face on this account but the Purchaser shall grant a reasonable extension of time to the Contractor. The Contractor shall comply with an instruction which may be given to him by the Purchaser in order to permit simultaneous execution of his own works and of those undertaken by other Contractors or the Railway without being entitled on this account to any extra charge. b) If the Purchaser is unable to supply materials to the Contractor as specified in the Contract, in time and Contractor shall not be entitled to any extra payment on account of such delay in supply. However, such delays in supplies will be reasonable ground for extension of completion date/s for the work. 1.2.38 ACCESS TO WORK SITE a) While finalizing the general arrangement and layout of subsections, the Contractor shall prepare a list of infringements, if any, which have to be removed, and incorporate the list in the said drawings. The Contractor will arrange for the removal of such infringements at his own cost. b) Access to the site in Rly premises for the purpose of this Contract shall be afforded to the Contractor by the Purchaser at all times. In the execution of the work, no person other than the Contractor, or his duly appointed Representative, or approved Sub-Contractor and bonafide workmen shall have access to the site. Access to the site of work at all times shall be allowed by the Contractor to officials or approved Representatives of the Purchaser or to Railway Staff for purpose of maintenance. c) The Purchaser or his authorised representative shall have the right to refuse admission to the work site to any person employed by the Contractor whom the Purchaser or his Engineer may consider undesirable. d) The Purchaser or his Engineer shall be at liberty to object to the employment of any person as Contractor's Agent/Representative, approved Sub-Contractor, Supervisor, workmen or labourer for execution of this contract on the ground of misconduct, incompetence or negligence. The Contractor on receipt of notice of such objection in writing from the Purchaser or his Engineer shall forthwith remove the person so objected to and provide in his place any other competent person and Scada Sport,13 95 shall not allow the persons so objected to enter the site of work subsequently or remain in the execution of the contract. The Purchaser will not be liable to pay any cost or damage on this account. 1.2.39 INFRINGEMENT OF PATENTS a) The Contractor is forbidden to use any patents or registered drawings, processor patterns in fulfilling his contract without the previous consent in writing of the owner of such patent drawings pattern or trade mark, except where these are specified by the Purchaser himself. Royalties where payable for the use of such patented processes, registered drawings or patterns shall be borne exclusively by the Contractor. The Contractor shall advise the Purchaser of any proprietary rights that may exist on such process, drawings or patterns which he may use of his own accord. b) Repairs of patented articles. In the case of patents taken out by the Contractor of the Drawings, or patterns registered by him, or of those patents, Drawings or patterns for which he holds a license, the signing of the contract automatically gives the Purchaser the right to repair by himself the purchased articles covered by the patent or by any person or body chosen by him and to obtain from any sources he desires the component parts required by him in carrying out the repair work. In the event of infringement of any patent rights due to above action of the Purchaser, he shall be entitled to claim damages from the Contractor on the grounds of any loss of any nature which he may suffer e.g. in the case of attachment because of counterfeiting. c) Indemnification by the Contractor. In the event of any claim or demand being made or action being brought against the Purchaser for infringement of letters patent in respect of any equipment, machine, plant, work or thing used or supplied by the Contractor under this contract or in respect of any method of using or working by the Purchaser of such equipment, machine plant work or thing, the Contractor shall indemnify the Purchaser and keep him indemnified and harmless against all Claims, costs, charges and expenses arising from or incurred by reason of such claim, provided that the Purchaser shall notify the Contractor immediately any claim is made and that the Contractor shall be at liberty, if he so desires with the assistance of the Purchaser if required but at the Contractor's expense, to conduct all negotiations for the settlement of the same or any litigation that may arise there from and PROVIDED THAT no such equipment, machine, plant, work or thing shall be used by the Purchaser for any purpose or in any manner other than that for which they have been supplied by the Contractor and specified under this contract. 1.2.40 INSURANCE a) The Contractor shall take out and keep in force a policy or policies of insurance against all liabilities of the Contractor or the Purchaser at common law or under any statute in respect of accidents to persons who shall be employed by the Contractor in or about the site and the Contractor's Office for the purpose of carrying out the works on the site. The Contractor shall also take out and keep in force a policy or policies of insurance against all recognized risks to their offices and depots. Such insurance shall in all respects be to the approval of the Purchaser and if he so requires, in his name. b) Insurance of materials and installations. The Contractor shall take out and keep in force a policy or policies of insurance for all materials including Railway supply materials/equipments as detailed out in Clause 1.2.20 in storage and installations under erection and/or erected, until such materials and installations are provisionally handed over to the Purchaser. For this purpose, the installations at a sub-section (Para 1.2.46)shall be deemed to have been provisionally handed over when a provisional Acceptance Certificate is issued for the subsection. The Contractor shall not be liable for losses or damages to equipments erected, in Scada Sport,13 96 the course of erection or in store at the Contractor's depot, in consequence of mutiny or other similar causes over which the Contractor has no control and which can not be insured. Such losses or damages shall be the liability of the Purchaser and, if required by the Purchaser, be made good by the Contractor, at the cost of the Purchaser. c) The Contractor should, however, insure the stores brought to site, against risks in consequence of war and invasion, as required under the Emergency Risks (Goods)Insurance Act in force from time to time. d) The Contractor shall take out all insurance covers in connection with this contract with General Insurance Corporation of India only. e) The Purchaser will advise the Contractor in his Letter of Acceptance of Tender, the price and quantity of all the Railway Stores(Para 1.2.20)to enable the Contractor to declare the value to his underwriters. 1.2.41 ACCIDENTS a) The Contractor shall, in respect of all staff engaged by him or by his sub-contractor, indemnify and keep the Purchaser at all times indemnified and protected against all claims made and liabilities incurred under Workmen's Compensation Act, the Factories Act and the payment of Wages Act and rules made There under from time to time or under any other Labour or Industrial Legislation made from time to time. b) The Contractor shall indemnify and keep the Purchaser indemnified and harmless against all actions, suits, claims, demands, costs, charges or expenses arising in connection with any death or injury sustained by any person or persons within the Railway premises and any loss or damage to Railway property Sustained, due to the acts or omissions of the Contractor, his Sub-Contractor, his Agents or his staff during the execution of This contract irrespective of whether such liability arises under the Workmen's Compensation Act or Fatal Accidents Act or any other statute in force for the time being. c) The Contractor's liability to meet third party claims of the type outlined above will be applicable only in cases where accidents have been caused by bad design, workmanship, material or negligence on the part of the Contractor and further the liability of the Contractor will be limited to Rs.5 lakhs for any one accident. d) The Contractor shall be responsible for all repairs and rectification of damage to installations, erected or under erection due to Railway accidents, thefts, pilferage or any other cause, until the installations are provisionally handed over to the Purchaser (See Para 1.2.46). 1.2.42 a) CONTRACTOR'S LIABILITY FOR COSTS AND DAMAGES Withholding and lien in respect of sums claimed. Whenever any claim or claims for payment of a sum of money arises out of or under the Contract against the Contractor, the Purchaser shall be entitled to withhold and also have lien to retain such sum or sums in whole or in part from the security, if any, deposited by the Contractor and for the purpose aforesaid, the Purchaser shall be entitled to withhold the said cash security deposit or the security, if any furnished as the case may be and also have lien over the sum pending finalisation or adjudication of any such claim. In the event of the security being insufficient to cover the claimed amount or amounts or if no security has been taken from the contractor the Purchaser shall be entitled to withhold and have lien to retain to the extent of such claim amount or amounts referred to supra, from any sum or sums found payable or which at any time hereafter may become payable to the Contractor under the same contract or any other Department of the Central Government pending finalisation or adjudication of any such claims. Scada Sport,13 97 It is agreed term of the Contract that the sum of money or moneys so withheld or retained under the lien referred to by the Purchaser till the claim arising out of or under the Contract is determined by the Arbitrator (if the Contract is governed by the Arbitration clause)or by the competent court as the case may be and that the Contractor will have no claim for interest or damages whatsoever on any account in respect of such withholding or retention under the lien to supra and duly notified as such to the Contractor. For the purpose of this clause, where Contractor is a partnership firm or a limited company, the Purchaser shall be entitled to withhold and also have a lien to retain towards such claimed amount or amounts in whole or in part from any sum found payable to any partner/limited company, as the case may be, whether in his individual capacity or otherwise. b) Lien in respect of other contracts. Any sum or sums of money due and payable to the Contractor (including the security deposit returnable to him)under the Contract may be withheld or retained by way of lien by the Purchaser against any claim of this or any other Railway or any other Departments of the Central Government in respect of payment of a sum of money arising out of or under any other contract made by the contractor with this or any other Railway or any other Department of the Central Government. c) It is an agreed term of the contract that the sum of money so withheld or retained under this clause by the Purchaser will be kept withheld or retained as such by the Purchaser till the claim arising out of or under any other contract is either mutually settled or determined by the Arbitrator, if the other contract is governed by the Arbitration clause or by the competent court as the case may be, and that the Contractor shall have no claim for interest or damages whatsoever on this account or any other grounds in respect of any sum of money withheld or retained under this clause and duly notified to the Contractor. 1.2.43 SAFETY MEASURES a) The Contractor shall take all precautionary measures in order to ensure that protection of his own personnel moving about or working on the railway premises, but shall then conform to the rules and regulations of the Railway. If and when in the course of the works there is likely to be any danger to persons in the employment of the Contractor due to running traffic while working in the railway sidings and premises, the contractor shall apply in writing to the Purchaser to provide flagmen or lockout men for protection of such persons. The Purchaser will however, decide as to whether it is necessary to post such flagmen for various types of work and also the number of such men required to protect the gang or gangs of Contractor's staff working at site. The Purchaser shall remain indemnified by the Contractor in the event of any accident occurring in the normal course of work arising out of the failure of contractor or his men to exercise reasonable precaution at all places of work whether or not the Purchaser decides to post flagman at any particular site of work. The flagmen will be appointed by the Purchaser and no expense on this account will be charged from the Contractor. b) Blasting of rock for foundation work shall be done only after due notice is given to the Purchaser and time/sand date/s for blasting operations agreed to by the Purchaser. Blasting, if required to be done in the vicinity of the track, shall not be undertaken until the Purchaser's flagmen on duty take necessary steps to protect trains and the track is adequately protected by the Contractor against damage by blasted rock. The Contractor shall follow detailed instructions which will be issued to him regarding blasting operations in the vicinity of tracks. c) The Contractor shall abide by all Railway regulations in force for the time being and ensure that the same are followed by his Representatives, Agent or Sub-Contractors of workmen. He shall give due notice to his employees and workers about provision of this Para. d) The works must be carried out most carefully without any infringement of the Indian Railway Act or the General and Subsidiary Rules in force on the Railway in such a way that they do not hinder Railway Operation or affect the proper functioning of or damage any railway equipment, structure or rolling stock except as agreed to by the Purchaser, provided that all damage and disfiguration caused Scada Sport,13 98 by the Contractor to any railway property must be made good by the Contractor at his own expense failing which cost of such repairs shall be recovered from the Contractor. e) If safety of track or track drainage etc. is affected, as a consequence of works undertaken by the Contractor, the Contractor shall take immediate steps to restore normal conditions. In case of delay, the Purchaser shall, after giving due notice to the Contractor in writing, take necessary steps and recover the costs from the Contractor. f) The Contractor shall be responsible for safe custody acceptance. of all equipments till provisional g) The Contractor's liability to meet third party claims of the type outlined above will be applicable only in cases where accidents have been caused by the bad design, workmanship material or negligence on the part of the Contractor and further the liability of the Contractor will be limited to Rs.5 lakhs for any one accident. h) The contractor shall obtain a valid electrical contractor license for LT supply voltage from the concerned statutory authority and submit a copy of the same to concerned Rly Electrification project incharge. 1.2.44 PENALTY FOR DELAY IN COMPLETION If the Contractor fails to execute and complete the work in the section as mentioned in para No. 7 of preamble within the time specified in the Agreement or within the period of extension granted under Para 1.2.45 except in so far as the delay is on the Purchaser's account, the Contractor shall accept reduction in the total amount payable to him by the Purchaser at the rate of Rs.2000/- (two thousand)per day subject to a maximum of 10% of the estimated value of work for the actual delay occasioned beyond the appointed time by which the work shall have been completed under the Contract. Such reduction shall be accepted by the Purchaser in full satisfaction of the Contractor's liability arising from delay only. The General Manager or his successor shall, at his sole discretion, specify a time limit within which the unfinished portion of the work shall be completed, after serving on the Contractor a notice of Purchaser's intention to recover the said penalty in Form 17 (Part V). In the event of failure of the Contractor, the Purchaser shall be at liberty to take action in accordance with provisions in Paras 1.2.29 and 1.2.30. NOTE: For the purpose of this Para the value of the work shall be calculated on the basis of unit prices included in Schedule-1, Section-1. 1.2.45 EXTENSION OF TIME If such a failure as aforesaid shall have arisen from any cause which the Purchaser may admit as being a reasonable ground for extension of time, the General Manager/Chief Electrical Engineer or his successor(s) shall allow such additional time as he may in his absolute discretion consider to be reasonably justified by the circumstances of the case. Such extension shall be granted by the Purchaser in the Form No.17, (Part-V). The Contractor will apply for extension at least two months before the expiry of the period of completion. 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. NOTE: Form No.18(Part-V), will be applicable in case extension is on Purchaser's account and also in case extension is on Contractor's account but the Purchaser is reasonably satisfied that the Contractor can not be penalised for such delay. Scada Sport,13 99 1.2.46 PROVISIONAL ACCEPTANCE a) Immediately after the completion of the installation the Contractor shall certify and advise the Purchaser in writing that the installation is(i) complete, (ii)ready for satisfactory commercial service and (iii)ready to be handed over. He will also place at the disposal of the Purchaser the required staff for inspection, testing and putting it into operation. b) The test or tests specified in Part-II, will be conducted jointly by the Purchaser and Contractor as soon as possible after receipt of advice of completion of one section by the Purchaser from the Contractor. c) After the Purchaser is satisfied with the satisfactory working of the installations, he will issue a "Provisional Acceptance Certificate” which would be signed by both the parties. The Provisional Acceptance Certificate will not be withheld for any minor defects. d) Should the result/s of inspection and tests be not satisfactory, an extension of one month will be granted to the Contractor to make good the defects and deficiencies pointed out by the Purchaser. Fresh inspection and test/s will then be carried out after the contractor has attended to the defects and deficiencies. If these tests are also not satisfactory the Purchaser may proceed at the Contractor's expense by all means deemed expedient, to have the installation made satisfactory until they comply with the specifications, and approved drawings and designs. e) In such a case or in the case of delay in completing the work under this contract within the time limit the Purchaser reserves the right, if he deems it possible to use in a reasonable manner any part of the installation even if some installations are not completely erected. The Purchaser will give to the Contractor for this purpose seven days previous notice. The Contractor shall then take at his own 1221 expense all necessary steps to complete the work in accordance with the provisions of the Contract. In case it becomes impossible to proceed with the above mentioned taking over tests, for reasons other than for which the Contractor is responsible, the "Provisional Acceptance Certificate” shall be issued at or within a mutually agreed reasonable period not exceeding six months after completion of a installation. NOTE: The issue of Provisional Acceptance Certificate will not be withheld for rectification of minor defects as distinct from rejected equipment, which may not be essential for introduction of commercial services and operation of the installation. In such cases, only the value of the materials and costs of rectification of the minor defects shall be withheld from payments on provisional acceptance until rectification is completed. 1.2.47 DEFECTIVE EQUIPMENTS TO BE CHANGED a) Notwithstanding the issue of a Provisional Acceptance Certificate and partial or full use of any equipment, if the completed installation or any portion thereof, before it is finally taken over at the end of the guarantee period, be found to be or to have become defective in course of usage by the Railway due to faulty material, design or workmanship or otherwise fails to fulfill the requirements of the Contractor, and/or its purpose, the Purchaser shall, normally give the Contractor prompt notice setting forth the particulars of such defects or failure and the Contractor shall forthwith make the defects good or modify or replace the equipment, as may be directed by the Purchaser's Engineer, at his own cost in all respects to make it comply satisfactorily with the said requirements. Should the Contractor fail to do so within a reasonable time after the service of the said notice upon him or should time not permit the service of such notice, the Purchaser may repair or reject and replace the whole or part of such defective equipment, as the case may be, at the cost of the Contractor. The Contractor's full liability under this clause shall be satisfied by payment to the Purchaser of the extra total cost, if any of such replacement delivered and erected as provided for in the original Contract, such extra cost being the ascertained difference between the price paid by the Purchaser under the provisions above mentioned for such replacement and the Contract price for the plant so replaced, plus the sum, if any, paid by the Scada Sport,13 100 Purchaser to the Contractor in respect of such defective equipment. Should the Purchaser not so replace the rejected equipment within a reasonable time, the Contractor's liability under this clause shall be satisfied by the repayment by the Contractor of all moneys paid by the Purchaser to him in respect of such rejected equipment. Rejected/defective materials shall be returned to the Contractor to the extent possible. b) The provisions of this Para will apply only in respect of the equipments and components supplied by the Contractor or his sub-contractor. 1.2.48 USE OF REJECTED EQUIPMENT In the event of such rejection as aforesaid, the Purchaser shall, without prejudice to his other rights and remedies and in particular without prejudice to his rights under the clause just preceding, be entitled to the use of the rejected equipment for a time reasonably sufficient to enable him to obtain other replacement/equipment. During such period, if the rejected equipment is used commercially the Contractor shall not be entitled to the payments on provisional acceptance certificate until such rejected equipment is rectified and/or replaced, but the Purchaser shall not be entitled to claim any damage arising out of rejected equipment in respect of such period. 1.2.49 GUARANTEE a) The Contractor shall guarantee satisfactory working of the installations erected by him, for a period of thirty six months from the date of commercial operation or from the date of Provisional Acceptance of each section (Para 1.2.46) by the Purchaser, whichever is earlier. The guarantee for spares should be coincident with the guarantee for erected equipments. b) During this period of guarantee the Contractor shall keep available an experienced engineer and necessary equipment to attend to any defective installations and for satisfying himself that the Railway staff follow the prescribed procedure for operation and maintenance of equipment. The Contractor shall bear the cost of all modifications, additions or substitutions that may be considered necessary due to faulty material, design or workmanship for the satisfactory working of the equipment. The final decision shall rest with the General Manager/Chief Electrical Engineer or his successors. c) During the period of guarantee the Contractor shall be liable for the replacement of any parts which may be found defective in the equipment whether such equipments be of his own manufacture or those of his sub-contractors, whether arising from faulty design, material, workman ship or negligence in any manner on the part of the Contractor, provided always that such defective parts as are not repairable at site are promptly returned to the Contractor if so required by him at his(Contractor's)own expenses. In case of type defects in Contractor's equipment and components detected during the guarantee period, the Contractor should replace all such items irrespective of the fact whether all such items have failed or not. The Contractor shall bear the cost of repairs carried out on his behalf by the Purchaser at site. In such a case, the Contractor shall be informed in advance of the works proposed to be carried out by the Purchaser. d) If it becomes necessary for the Contractor to replace or renew any defective portions of this installation under the Para aforesaid then the provision of the said para shall also apply to the portions of the installation so replaced or renewed until the expiration of six months from the date of such replacement or renewal or until the end of above mentioned period (See sub-para 1.2.49) (a) whichever is later. Such extension shall not apply in the case of defects of a minor nature, the decision of the General Manager/Chief Electrical Engineer or his successor being final in the matter. If any defects be not remedied within a reasonable time during the aforesaid period the Purchaser may proceed to do the work at the Contractor's risk and expense, but without prejudice to any other rights and remedies which the Purchaser may have against the Contractor in respect of such defects or faults. Scada Sport,13 101 e) The repaired or renewed parts shall be delivered and erected on site free of charge to the Purchaser. f) Any materials, fittings, components or equipments supplied under Para 1.2.34 shall also be covered by the Provisions of this paragraph. The liability of the Contractor under the guarantee will be limited to re-supply of equipments, components, and fittings made under Para 1.2.34 (b)and (c). Such re-supply shall be affected at the Contractor’s depot or in the event of closure of the depot at the stores depot of the Engineer-in-Charge of maintenance of substations covered by the Contract. g) In the case of the materials supplied by the Purchaser under Para 1.2.20 (b), no liability will rest on the Contractor for failure on account of defective materials or workmanship and for any consequential damages. Such defective materials if not yet erected in installation will be returned by the Contractor to the Purchaser and such quantities will be considered for the purpose of final reconciliation over and above allowance as per Part-I, Chap-IV. 1.2.50 FINAL ACCEPTANCE a) The final acceptance of the entire equipment installed on the section shall take effect from the date of expiry of the period of guarantee as defined in Para 1.2.49 or the expiry of the last of the respective period of guarantee of various sections for which Provisional Acceptance Certificates are issued or brought into commercial operation, provided in any case that the Contractor has complied fully with his obligations under Clause 1.2.49 in respect of each section, provided also that due attention has been paid by way of maintenance by the Purchaser. c) If on the other hand the Contractor has not so complied with his obligations under Para 1.2.49, the Purchaser may either extend the period of guarantee in respect of the sub-section until the necessary works are carried out by the Contractor or carry out those works or have them carried out suo moto on behalf of the Contractor at the Contractor's expense. After expiry of the period of guarantee for such section¬ a certificate of Final Acceptance shall be issued by the Purchaser and that will terminate the contract subject to restriction of Para (d)below. c) The Purchaser shall not be liable to the Contractor for any matter arising out of or in connection with the contract or execution of the work unless the Contractor shall have made a claim in writing in respect thereof before the issue of Final Acceptance Certificate under this clause. d) Notwithstanding the issue of Final Acceptance Certificate, the contractor and the Purchaser (subject to sub-clause as above) shall remain liable for fulfillment of any obligation incurred under the provision of the Contract prior to the issue of Final Acceptance Certificate which remains unperformed at the time as the certificate is issued and for determining the nature and extent of such obligation the Contract shall be deemed to remain in force between the parties thereto. 1.2.51 PAYMENT Payments will be governed by the terms specified in Part-I, Chapter-III and in accordance with accepted schedules of prices, read with relevant paras of the other parts and chapters of the Tender Papers. The Purchaser retains the right to withhold money due to the Contractor arising out of this contract for any default of the Contractor from other Contracts which the Contractor may have with the Government of India. i) The Contractor shall, whenever required, produce or cause to be produced for examination by the Purchaser any quotation/invoice, cost or other account, book of account, voucher, receipt, letter memorandum, paper or writing or any copy of or extract from any such document and also furnish information and returns verified in such manner as may be required in any way relating to the execution of this Contract or relevant for verifying or ascertaining the cost of the execution of this Contract (the decision of the Purchaser on the question of relevancy of any documents, information or return being final and binding on the parties). The Contractor shall similarly produce vouchers etc, if required, to prove to the Purchaser, that materials supplied by him are in accordance with the Scada Sport,13 102 specifications laid down in the Contract. ii) If any portion of the work be carried out by a sub-contactor or any subsidiary or allied firm or company, the Purchaser shall have power to secure the books of such sub-Contractor or any subsidiary or allied firm or company, through the Contractor, and such books shall be open to his inspection. The Contractor should seek prior permission from the Purchaser for subletting whole and/or part of the work to any sub-Contractor. iii) The obligations imposed by sub-clauses(i)and (ii)above are without prejudice to the obligations of the Contractor under any statute, rules or other binding to the Contractor or other conditions of the Contract. iv) It is agreed terms of the Contract that the Purchaser reserves to itself the right to carry out post-payment Audit and/or technical examination of the works and the final bill including all supporting vouchers, abstracts etc. and to make a claim on the Contractor for the refund of any excess amount paid to him if as a result of such examination any over payment to him is discovered to have been made in respect of any work done or alleged to have been done by him under the Contract. (v)(A) MONTHLY STATEMENT OF CLAIMS The Contractor shall prepare and furnish to the Engineer once in every month an account giving full and detailed particulars of all claims for any additional expense to which the Contractor may consider himself entitled and of all extra or additional works ordered by the Engineer which he has executed during the preceding month and no claim for payment for any such work will be considered which has not been included in such particulars. (B) SIGNING OF NO CLAIM CERTIFICATE The Contractor shall not be entitled to make any claim whatsoever against the Railway under or by virtue of arising out of this contract, nor shall the Railway entertain or consider any such claim, if made by the Contractor, after he shall have signed a ” No claim certificate “in favour of the Railway in such forms as shall be required by the Railway, after the works are finally measured up. The Contractor shall be debarred from disputing the correctness of the items covered by the “ No claim certificate “ or demanding a reference to arbitration in respect thereof. 1.2.52 SITE CLEARANCE At the end of completion of section and on completion of the work, the Contractor shall as a part of his contractual obligation, leave the site of work and its vicinity and their approaches, store yards etc., completely cleared of rubbish and obstruction of all kinds according to the instructions of the Purchaser's Representatives. 1.2.53 EQUIPMENTS, COMPONENTS & MATERIALS RECEIVED FOR WORK The Contractor shall utilise all equipments, components or materials procured specifically for the purpose of execution of the work, in the work or for supply of spares or other requirements. Any surplus materials left over at the end of the work shall not be disposed off without prior approval of the Purchaser in writing. The Purchaser may, within a period of six months from the date of a provisional acceptance of the installation notify the Contractor of the Purchaser's interest in any or all of the surplus materials and shall have the right to take over the materials, so indicated at prices indicated in Schedule-1 Col.4. The materials so notified by the Purchaser shall be taken over by the Purchaser and paid for in full. The Contractor may use, in any manner deemed fit, only such surplus materials which are not covered by the Purchaser's notification after getting the approval of the Purchaser in writing. Scada Sport,13 103 1.2.54 ARBITRATION (a) MATTERS FINALLY DETERMINED BY THE RAILWAY: All disputes and differences of any kind whatsoever arising out of or in connection with the contract, whether during the progress of the work or after its completion and whether before or after the determination of the contract shall be referred by the contractor to the Railway and the Railway shall within 120 days after receipt of the Contractor's representation make and notify decisions on all matters referred to by the contractor in writing provided that matters for which specific provision has been made in clause 1.1.10(b), 1.2.9,1.2.14(a)(v), 1.2.14(d)(i), 1.2.14(d)(ii),1.2.23, 1.2.29, 1.2.51 (V)(A)& (B)1.2.57, 1.2.59, 1.2.60, 1.2.61, 1.3.2(g), and 1.3.16(c)of this tender paper shall be deemed as “ excepted matters” and decision of the Railway authority, thereon shall be final and binding on the contractor provided further that excepted matters shall stand specifically excluded from the purview of the arbitration clause and not be referred to arbitration. (b)(i) DEMAND FOR ARBITRATION : In the event of any dispute or differences between the parties hereto as to the construction or operation of this contract, or the respective rights and liabilities of the parties or any matter in question, dispute or differences on any account or as to the withholding by the Railway of any certificate to which the contractor may claim to be entitled to, or if the Railway fails to make a decision within 120 days, then and in any such case, but except in any of the "excepted matters referred to in clause, but except in any of the excepted matters referred to in clause 1.2.54(a)above of these conditions, the contractor, after 120 days but within 180 days of his presenting his final claim on disputed matters, shall demand in writing that the dispute or difference be referred to arbitration. (b)(ii) The demand for arbitration shall specify the matters which are in question or subject of the dispute or differences as also the amount of claim item wise. Only such dispute(s) or difference(s)in respect of which the demand has been made, together with counter claims or set off shall be referred to arbitration and other matters shall not be included in the reference. (b) (ii) (A) The Arbitration proceedings shall be assumed to have commenced from the day, a written and valid demand for arbitration is received by the Railway. (b) (ii) (B) The claimant shall submit his claim stating the facts supporting the claims along with all relevant documents and the relief or remedy sought against each claim within a period of 30 days from the date of appointment of the Arbitral Tribunal. (b) (ii) (C) The Railway shall submit its defence statement and counter claim(s), if any, within a period of 60 days of receipt of copy of claims from Tribunal thereafter, unless otherwise extension has been granted by Tribunal. (b) (ii) (D) Place of Arbitration: The place of arbitration would be within the geographical limit of Division of Railway where the cause of action arose or headquarters of the concerned Railway or any other place with the written consent of both the parties. (b)(iii) No new claim shall be added during proceedings by either party. However, a party may amend as supplement the original claim or defence thereof during the course of arbitration proceedings subject to acceptance by Tribunal having due regard to the delay in making it. (b)(iv) If the contractor(s)does/do not prefer his/their specific and final claims in writing, within a period of 90 days of receiving the intimation from the Railway that the final bill is ready for payment, he/they will be deemed to have waived his/their claim(s)and the Railway shall be discharged and released of all liabilities under the contract in respect of these claims. Scada Sport,13 104 (c) Obligation during tendency of arbitration work under the contract shall, unless otherwise directed by the Engineer, continue during the arbitration proceedings, and no payment due or payable by the Railway shall be withheld on account of such proceedings, provided, however, it shall be open for Arbitral Tribunal to consider and decide whether or not such work should continue during arbitration proceedings. (d)(i) In cases where the total value of all claims in question added together does not exceed Rs.10,00,000/-(Rupees ten lakhs only), the Arbitral Tribunal consist of a sole arbitrator who shall be either the General Manager or a Gazetted officer of Railway not below the grade of JA grade nominated by the General Manager in that behalf. The sole Arbitrator shall be appointed within 60 days from the day when a written and valid demand for arbitration is received by Railway. (d)(ii) In cases not covered by clause 1.2.54(d)(i), the Arbitral Tribunal shall consist of a panel of three Gazetted Railway Officers not below JA grade, as the arbitrators. For this purpose, the Railway will send a panel of more than 3 names of Gazetted Railway Officers of one or more departments, of the Railway to the contractor who will be asked to suggest to General Manager atleast 2 names out of the panel for appointment as contractor's nominee with in 30 days from the date of dispatch of the request by Railway. The General Manager shall appoint at least one out of them as the contractor's nominee and will, also simultaneously appoint the balance number of arbitrator's either from the panel or from outside the panel, duly indicating the presiding arbitrator from amongst the three arbitrator's so appointed. While nominating the arbitrators it will be necessary to ensure that one of them is from the Accounts department. As officer of selection grade of the Accounts department shall be considered of equal status to the officers in SA grade of other departments of the Railways for the purpose of appointment of arbitrators. (d)(iii) If one or more of the arbitrators appointed as above refuses to act as arbitrator, withdraws from his office as arbitrator or vacates his/their office/offices or is/are unable or unwilling to perform his functions as arbitrator for any reason whatsoever or dies or in the opinion of the General Manager fails to act without undue delay, the General Manager shall appoint new arbitrator /arbitrators to act in his/their place in the same manner in which the earliest arbitrator/arbitrators had been appointed. Such reconstituted Tribunal may at its discretion, proceed with the reference from the stage at which it was left by the previous arbitrator(s). (d)(iv) The Arbitral Tribunal shall have power to call for such evidence by way of affidavits or otherwise as the Arbitral Tribunal shall think proper, and it shall be the duty of the parties hereto to do or cause to be done all such things as be necessary to enable the Arbitral Tribunal to make the award without any delay. The Arbitral Tribunal should record day to day proceeding. The proceeding shall normally be conducted on the basis of document and written statement. (d)(v) While appointing arbitrator(s) under sub clause 1.2.54(d)(i), (ii)and (iii)above, due care shall be taken that he/they is/are not the one/those who had an opportunity to deal with the matters to which the contract relates or who in the course of his/their duties as Railway servant(s)expressed views on all or any of the matters under dispute or differences. The proceedings of the Arbitral Tribunal or the award made by such tribunal will, however, not be invalid merely for the reason that one or more arbitrator had, in the course of his service, opportunity to deal with the matters to which the contract relates or who in the course of his/their duties expressed views on all or any of the matters under dispute. (e)(i) The arbitral award shall state item wise, the sum and reasons upon which it is based. The analysis and reason shall be detailed enough so that the award could be inferred there from. e)(ii) A party may apply for corrections of any computational errors, any typographical or clerical errors or any other error of similar nature occurring in the award of tribunal within 60 days of receipt of the award. (e)(iii) A party may apply to tribunal within 60 days of receipt of award to make an additional award as to claims presented in the arbitral proceedings but omitted from the arbitral award. Scada Sport,13 105 (f) In case of the tribunal, comprising of three members, any ruling or award shall be made by a majority of members of tribunal. In the absence of such a majority, the views of the presiding arbitrator shall prevail. (g) Where the arbitral award is for the payment of money, no interest shall be payable on whole or any part of the money for any period till the date on which the award is made. (h) The cost of arbitration shall be borne by the respective parties. The cost shall inter-alias include fee of the arbitrator(s) as per the rates fixed by the Railway Board from time to time and the fee shall be borne equally by both the parties. Further the fee payable to the arbitrator(s) would be governed by the instructions issued on the subject by Railway Board from time to time irrespective of the fact whether the arbitrator(s) is/are appointed by the Railway Administration or by the court of law unless specifically directed by Hon'ble court otherwise on the matter. (i) Subject to the provisions of the aforesaid arbitration and conciliation act 1996 and the rules there under and any statutory modification thereof shall apply to the arbitration proceedings under this clause. (j) ASSESMENT OF COST : Upon every and any such reference the assessment of the cost incidental to the reference and award respectively shall be at the decision of the sole arbitrator or of the presiding arbitrator as the case may be. (k)VENUE : The venue for an arbitration shall be the place from which the Letter of Acceptance of Tender is issued or such other place as the Purchaser at his discretion may determine. 1.2.55 PAYMENT DURING ARBITRATION Work under the Contract shall, unless otherwise directed by the Purchaser, continue during the arbitration proceedings and no payment due to or payable by the Purchaser shall be withheld on account of such proceedings. Notwithstanding anything contained herein, the Arbitrator or Umpire as the case may be, shall have full authority to direct with holding of any payment if such action is considered fit and proper at any time. 1.2.56 REFUND OF SECURITY DEPOSIT (See tender clause 1.2.17) 1.2.57 PROVISIONS OF CONTRACT LABOUR (REGULATION AND ABOLITION) ACT. 1970 (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 Rules1971 as modified from time to time, wherever applicable and shall also indemnity the Railway from and against any claims under the aforesaid Act and the Rules. (2) The contractor shall obtain a valid license under the aforesaid Acts modified from time to time before the commencement of the work and continue to have a valid license until the completion of the work. Any failure to fulfill this requirement shall attract the penal provisions of the Contract arising out the resultant non execution of the work. (3) The Contractor shall pay to labour employed by him directly or through sub-contractors the wages as per provisions of the aforesaid Act and the Rule wherever applicable. The Contractor shall not withstanding the provisions of the Contract to the contrary, cause to be paid the wages to labour Scada Sport,13 106 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 subcontractor 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 contingent 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, 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 the 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 it under sub-section (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 costs for which the Railway might become liable in contesting such claims. The decision of the Railway regarding the amount actually recoverable from the Contractor as stated above, shall be final and binding on the Contractor. 1.2.58 PROVISIONS OF APPRENTICES ACT 1961 a) The Contractor shall be responsible to ensure compliance with the provisions of the Apprentices Act, 1961 and the Rules and orders issued there under from time to time in respect of Apprentices directly or through petty Contractors or sub-contractors employed by him for the purpose of carrying out the contract. If the contractor directly or through petty contractors or sub-contractors fails to do so, his failure will be breach of contract and the Railway may, in its discretion rescind the Contract. The Contractor shall also be liable for any pecuniary liability arising on account of any violation of the provisions of the Act. NOTE:-The Contractors are required to engage apprentices when the works undertaken by them last for a period of one year or more and/or the cost of work is Rs. One lakh or more. b) Employment under Engineering works Contracts. Under this scheme it is proposed to get employment to un-employed Engineering Graduates/diploma holders with the Railway Contractors. Fresh Engineering Graduates without any experience of any kind will be taken under training by the Contractor on stipend specified by the competent authority. Engineering Graduates/Diploma holders who have gained experience and have completed a period of 4 months will paid at rate specified from time to time by the competent authority. Under the above provision, the Contractor is required to employ such Engineers/ diploma Holders at the rates specified above and in the ratio for such employment, as indicated below:Contract value No.of Engineers/ Diploma Holder to be employed Duration Rs.10 lakhs and above and above. 2 Duration of the Contract Engineering Degree Holder 2 Engineering Diploma Holder Under the above scheme it would be obligatory for the Contractor to give a declaration along with his Tender to the effect that the Graduate Engineers/Diploma Holders will be employed by him under the particular work for which Tender is submitted in accordance with the rates and ratio as specified above and none of them is related to him (Contractor) failing which the Tender may be Scada Sport,13 107 disqualified. In case of wrong information having been given by the Contractor which comes to light subsequently the Contract may be rescinded and action taken in accordance with the Conditions of Contract. 1.2.59 PROVISIONSOF PAYMENTS OF WAGES ACT The contractor shall comply with the provisions of the payment of wages act 1936 and the rules made there under in respect of all employees directly or through petty contractors or sub contractors employed by him in the works. If in compliance with the terms of the contract, the contractor directly or through petty contractors or sub-contractors shall supply any labour to be used wholly or partly under the direct order and control of the Engineer whether in connection with the works to be executed hereunder or otherwise for the purpose of the Engineer such labour shall nevertheless, be deemed to comprise persons employed by the contractor and any moneys which may be ordered to be paid by the Engineer shall be deemed to be money payable by the Engineer on behalf of the Contractor and the Engineer may on failure of the contractor to repay such moneys to the Railway deduct the same from any moneys due to the contractor in terms of the contract. The Railway shall be entitled to deduct from any moneys due to the contractor (whether under this contract or any other contract) all moneys paid or payable by the Railway by way of compensation of aforesaid or for costs of expanses in connection with any claim thereto and the decision of the Engineer upon any question arising out of the effect or force of this clause shall be final and binding upon the contractor. 1.2.60 PROVISION OF WORKMEN'S COMPENSATION ACT In every case in which by virtue of the provision of Section 12, Sub-section (1)of the Workmen's Compensation Act, 1923, Railway is obliged to pay compensation to a workman directly or through petty contractors or sub-contractors employed by the contractor in executing the work. Railway will recover from the contractor the amount of the compensation so paid, and without prejudice to rights of Railway under Section 12, Sub-section (2)of the said Act Railway shall be at liberty to recover such amount or any part thereof by deducting it from the security deposit or from any sum due by Railway to the contractor whether under these conditions or otherwise. Railway shall not be bound to contest any claim made against it under section 12, sub-section (i)of the said Act except on the written request of the contractor and upon his giving to Railway, full security for all costs for which Railway might become liable in consequence of contesting such claims. 1.2.61 PROVISION OF MINES ACT The contractor shall observe and Perform all the provisions of the Mines Act, 1952 or any statutory modifications of reenactment thereof for the time being enforce and any rules regulations made there under in respect of all the persons directly or through petty contractors or sub-contractors employed by him under this contract and shall indemnify the Railway from and against any claim under the Mines Act, or the rules and regulations framed there under, by or on behalf of any persons employed by him or otherwise. 1.2.62 General Condition of Contract "General Condition of Contract " of concerned Railway, as amended with correction slips issued upto date, shall be part of the contract. This may be obtained by the tenderer/contractor on payment from any divisional Railway Manager's office of concerned Railway in which the present section lies. *************** Scada Sport,13 108 PART –I CHAPTER-III PRICES AND PAYMENT Scada Sport,13 109 PART –I CHAPTER-III PRICES AND PAYMENT --------------------------------------------------------------------------------------------------Para No. Subject ---------------------------------------------------------------------------------------------------1.3.1 Scope. 1.3.2 Schedule of Prices. 1.3.3 Prices of equipments, components and materials. 1.3.4 Prices of Spares, spare components and fittings and additional supplies. 1.3.5 Payments and recoveries. 1.3.6 Invoicing procedure. 1.3.7 Payments for designs. 1.3.8 On account payments. 1.3.9 Recoveries from the Contractor. 1.2.10 Progress payments for erection. 1.3.11 Payments for spares, special tools and plants and additional supplies. 1.3.12 Excise Duty and Sales Tax. 1.3.13 Payments on provisional acceptance. 1.3.14 Payment for surplus materials. 1.3.15 Final Settlement. 1.3.16 Measurements. **************** Scada Sport,13 110 PART-I CHAPTER -III PRICES AND PAYMENTS 1.3.1. SCOPE This chapter deals with prices to be paid for supply and/ or erection of various items of work or for supplies, and other amounts payable in accordance with accepted schedules of prices and rates and terms and conditions of payment mentioned herein. This is a composite works Contract. The total prices for the completed items of work are the actual prices payable to the Contractor as per the terms and conditions of the Contract. 1.3.2 SCHEDULE OF PRICES (a) Unit Prices The unit prices of various items of work shall be included in Schedule-1, Section-1. All unit prices shall be FIRM irrespective of minor variations in basic quantities and use of alternative types of various components and Fittings approved by the Purchaser. Minor changes in basic designs shall not affect the Unit Prices, so long as such changes are mutually agreed to by the Purchaser and the Contractor. All unit prices shall be in RUPEES. The prices shall be for materials and erection except for the materials, if any, supplied by the Purchaser for which only erection charges will be payable, and for execution of work in accordance with specification and approved drawings and designs. Unit prices shall be quoted for all items of work in Schedule 1, Section 1, irrespective of whether any quantity is indicated or not for the different items in Schedule 1, Section 2 (Form 5, Part V). i) During the contract period, it may become necessary for making certain changes in the scope of work as additions/ deletions of TSS, SP, SSP, addition/ deletion of tele-signals, tele-commands, measurands etc. Adjustment rates may be quoted against the appropriate columns in Schedule 1 Section 1 for this purpose. While quoting these rates, care should be taken to include all the components or materials / work including erection, supervision, operation and maintenance, and hardware/ software, if any, for making the desired changes. Any limitation in the adjustment rates such as the maximum limit of such adjustments that could be made within the design limits of the equipments, should be clearly brought out. ii) Purchaser may modify the scope of work in accordance with the actual requirements at site based on the adjustment rates quoted by the tenderer upto the limits prescribed in Clause 1.2.34 of the tender. iii) If during the execution of the work, the Contractor is called upon to carry out any new item of work not included in Schedule 1, Section 1, the Contractor shall execute such work at such prices as may be mutually agreed with the Purchaser before commencement. (b) UNIT PRICES FOR MATERIALS & ERECTION The unit prices for supply indicated in Schedule-1Section-1, shall include the prices of materials including all incidental charges for transport, loading/unloading and handling of materials, commission for arranging dispatch by rail direct from manufacturer's factory and completing all necessary formalities in this respect, such as submission of forwarding notes, arranging placement of wagon, collection of banker's charges for bank guarantee, indemnity bonds, inclusive of cost of stamps etc. as also siding or shunting charges, if any, levied by the Railway. Scada Sport,13 111 The prices shall include all taxes, duties and levies(including octroi, etc.) applicable on this Works Contract. Therefore, they should quote their prices taking into account the rate of sales tax as livable in the event of sale to the Central Government organization, etc. in that state. It is clarified that required forms applicable for this purpose will be supplied to the contractor, as applicable in the state where the contract is being executed. The prices shall also include provision for losses and wastages in transit and erection. The unit prices for erection in Schedule-1 Section-1, shall include cost of erection and testing to be done by the contractor to the extent indicated in Part-I-Chapter-IV, Part-II and also cover all cost of administration of the contract, insurance premia, banker's charges for guarantees, cost of storage, loading and unloading and handling of materials, and for any road transport which the contractor may use for carriage of materials between his depot and depots and the site of work. The unit prices shall include cost of works and adjustments necessary to be done by the contractor during or after the tests are carried out. (c) OTHER PRICES ADJUSTMENT No adjustment of unit price or prices of fittings, materials, equipments or components on account of price fluctuation of raw materials, will be permitted. No adjustment on account of variation in insurance and freight charges (road or rail) will be permitted. (d) QUANTITIES The approximate estimated quantities of various items of work are included in Annexure-2 Part IV. (e) SUPPLEMENT TO SCHEDULE OF PRICES If it is considered that items of work included in Schedule 1, would not cover all works involved in putting the installation into commission, additional items of work which are considered necessary and unit prices of such items shall be included in Schedule-1, Section 3. Explanatory notes for such additional items shall be given under deviations from Tender Papers (See Part V, Forms for tender). (f) EXPLANATORY NOTES Explanatory notes for various items of work included in Schedule 1, are given in Part I, Chapter IV. (g) NEW ITEMS OF WORK If during execution of the work, the Contractor is called upon to carry out any new item of work not included in Schedule 1 Section 1, the Contractor shall execute such work at such prices as may be mutually agreed with the Purchaser before commencement. 1.3.3. PRICES OF EQUIPMENTS, COMPONENTS, & MATERIALS. The prices of individual equipments, components and materials required for the work inclusive of Excise Duty, Sales Tax and Insurance Premia under the Emergency Risk (Goods) Insurance Act in force (See Para 1.2.40 (c), if any shall be included in Sch.1, Sch.4, Sch.5, prices (See Para 1.3.12). The prices shall be related to the actual prices of the components and the materials to the Contractor as obtained by him at the time of submitting his tender. If required by the Purchaser, the Tenderer/ Contractor shall substantiate such prices. No adjustment of rates is permissible if alternative approved fittings are used for any reason whatsoever. Scada Sport,13 112 1.3.4 PRICES OF SPARES & SPARE COMPONENTS & FITTINGS & ADDITIONAL SUPPLIES The spares, spare components and fittings and additional supplies will be taken over from the Contractor at the prices indicated in Para 1.3.3 (See paras 1.3.11 and 1.3.12). 1.3.5 PAYMENTS AND RECOVERIES Subject to any deduction or recoveries which the Purchaser may be entitled to make under the contract, the Contractor shall, unless otherwise agreed to, be entitled to get the following payments, subject to conditions stipulated in subsequent paragraphs:i) Payments for designs. ii) On account payments. iii) Progress payments for erection. iv) Payments for spares and additional supplies. v) Payment for surplus materials taken over. vi) Payment on provisional acceptance. vii) Final Settlement. 1.3.6 INVOICING PROCEDURE (a) The Contractor shall submit his invoicing procedure for approval by the Purchaser within two months from the date of receipt of Letter of Acceptance of Tender. Separate Invoices shall be submitted for different types of payments mentioned above. All invoices shall be submitted with original supporting documents or certified true copies of supporting documents wherever these are acceptable to the Purchaser's Engineer. Where copies of original documents are required in support of several invoices, true certified copies of the original documents may be forwarded to the Purchaser's Engineer with his consent. (b) Invoices shall be submitted only on the basis of agreed principles and prices, quantities and measurements of works completed shall be approved by the Purchaser's Engineer Prior to the submission of invoices. For this purpose, the schedule of quantities and measurements submitted by the Contractor for approval of the Purchaser's Engineer may be only upto the extent of work completed except in the case of payments on provisional acceptance under para 1.3.13 1.3.7 PAYMENT FOR DESIGNS Payments for designs in respect of supervisory Remote Control and Data Acquisition Equipment shall be made on the basis of prices included in schedule-1, payments shall be made in two installments, the first 50% being paid on approval of designs and drawings and the balance 50% on submission of completion drawings and technical booklets and on fulfillment of Paras 8.7.2 to 8.7.8 of Tender Specification Part -II & RDSO specification No. TI/SPC/RCC/SCADA/0990 (Vol.I) or latest. 1.3.8 ON ACCOUNT PAYMENTS (a) On account payments will be made for equipments, components, fittings and materials required for the erection of work as described below. On account payments made will subsequently be adjusted against progress payments (see para 1.3.10). All on account payments shall be covered by a standing indemnity bond in the Approved form (See Form No. 16, Part V). Scada Sport,13 113 (b) (i) On account payments for schedule items no.2 to 6 of Sch.1, Sec.I & II, will be made to the Contractor on receipt of materials at contractor's depot at the rate of 75% of the supply rate quoted by the Contractor in Sch.1,Sec.1 in stages as under:(A) The first ONA payment shall be made when all RCC equipments ( item 2 & item 4 to 6 of Schedule -1) and at least one fifth of the total RTUs (item-3) have been supplied . (B) The subsequent ONA payments for balance RTUs shall be made on supply of individual RTUs. (b)(ii) All the invoices shall be accompanied by the following: A) Statement indicating the requirement of quantity of sub-section and quantity claimed in the bill. B) Supplier's Challans. C) Inspection Certificate granted by the Purchaser's representative. D) Certificate of receipt of materials at the Contractor's depot duly accepted by the Purchaser's Engineer. E) Certificate that the stores have been insured. (c) The Contractor should furnish a Bank Guarantee for 15% of the amount claimed under subPara (b) above along with invoices. The Bank Guarantee shall be in the prescribed form from State Bank of India/ any Nationalised Bank or from any scheduled Bank duly conforming to requirement specified in Para 1.1.5 (b) and valid for two months beyond the date of completion of work. In the event of extension to the time of completion the Contractor shall suitably extend the validity of the Bank Guarantee. (d) LIMIT OF ON ACCOUNT PAYMENTS The total on account payment shall not exceed 75% of the total value of the material required for (item No.2 to 6 of Sch.1, Sec.2) completing the work as per the latest approved assessment of the quantities. (e) On account payments will commence only when Schedule 1, Section 2, (Assess.1) is approved by the Purchaser. 1.3.9 RECOVERIES FROM THE CONTRACTOR (a) All the recoveries for materials supplied and services rendered by the Purchaser to the Contractor and other refunds due from the Contractor, shall ordinarily be made by deduction from payments due to the Contractor covering the value of supply and erection in the progress payments for erection (Para 1.3.10) and from payments on Provisional Acceptance (Para 1.3.13). (b) The cost of materials supplied by the Purchaser if any, under sub-para 1.2.20 (b) will be recovered in full by the Purchaser at the prices laid down in Note at the end of Para 1.4.5. Adjustment for quantity taken back by the Purchaser shall be made through the payments, under Para 1.3.13. (c) The cost of the materials if supplied under Para 1.2.21 will be recovered in the manner indicated in the sub-Para (a) above. (d) The materials supplied under Paras 1.2.20 and 1.2.21 shall be covered by the standing indemnity bond (See Form 16 Part V). (e) The security deposit shall be as per item 6 of the preamble. The amount over and above initial deposit in the form of earnest money will be recovered from the ONA / progress bills of the contractor, @ 10% till it reaches 5% of the contract value. Scada Sport,13 114 1.3.10 PROGRESS PAYMENTS Progress payments for erection will be affected as under: (a) (i) The first progress payment shall be made after completion of erection and testing of all RCC equipments(item 2 and item 4 to 6 of Sch.1 ) and at least one fifth of the total number of RTUs and the system is commissioned /put into trial operation. The contractor shall receive the following payments:(A) 10%(85%-75% already paid under Para 1.3.8(b)) of the supply cost on Sch.1 basis of the system erected/ commissioned. (B) 85% of the prorata erection cost of system erected/ commissioned. It shall be computed by the following formula:0.85(Total schedule 1 supply cost of equipments erected & commissioned = ------------------------------------------------------------------------------------------------------ x (Total erection cost) (Total Sch.1 supply cost) (ii) The subsequent payments shall be made on erection, testing & commissioning /putting into trial operation of individual RTUs on the same basis as above. (b) Contractor receive payments under item 8(b) in Schedule 1 as mutually agreed with the Purchaser. All the above payments shall be subject to any recoveries which may be due under Para 1.3.9. 1.3.11 PAYMENTS FOR SPARES SPECIAL TOOLS AND PLANTS & ADDITIONAL SUPPLIES (a) The Contractor shall receive payments for supply of spares, spare components and fittings on delivery of such supplies to the Purchaser in accordance with Prices included in Schedule-4. (b) The Contractor shall receive payments for supply of special tools and plants on delivery of such supplies to the Purchaser in accordance with the prices included in Schedule-5. Note: The supply of schedule 4 & schedule 5 items should be made towards end of erection of the system, under other wise requested by the purchaser. 1.3.12 EXCISE DUTY AND SALES TAX (a) All taxes, duties and levies (including octroi, etc.) arising out of the transaction between the Contractor and his sub contractors/suppliers for this work will be included in the rates quoted by the contractor in the relevant Schedule. (b) Wherever the law makes it statutory for the Purchaser to deduct any amount towards Sales Tax on the Works Contract, the same will be deducted and remitted to the authority concerned. 1.3.13 PAYMENT ON PROVISIONAL ACCEPTANCE On completion of works, the Contractor will receive payment. (A) Balance 15% of prices for erection against item 8(a) of Schedule I. (B) Against payment due for materials on completion of works, balance 15% of the Schedule-I prices against Item Nos. 2 & 7. Scada Sport,13 115 The payment against (A) & (B) above shall be made in two stages as under: i) 80% of the amount due on issue of Provisional Acceptance Certificate. ii) Balance 20% of payment due on fulfillment of para 8.7.3, 8.7.4, 8.7.5, 8.7.6, 8.7.7 & 8.7.8 of RDSO Specification No.:TI/SPC/RCC/SCADA/09990(Vol.I) or latest. 1.3.14 PAYMENTS FOR SURPLUS MATERIALS The Contractor shall receive payment on prices included in Schedule 3 for the surplus materials taken over by the Purchaser (See Para 1.2.53) on delivery of such materials to the Purchaser. 1.3.15 FINAL SETTLEMENT On expiry of the Guarantee period and issue of the Certificate of final Acceptance of the entire installation (See Para 1.2.50), the Security Deposit will be refunded or Bank Guarantee released to the Contractor after adjustment of any dues payable by the Contractor to the Purchaser and after the conditions under Para 1.2.56 have been satisfied. 1.3.16 MEASUREMENTS (a) Payments for field work shall be made in accordance with approved design and drawings and measured in relevant units, except where provided or otherwise. In case the dimensions of the work are more than those shown in approved designs and drawings, the Contractor will not be entitled to any extra payment unless the dimensions are increased on account of physical impossibility of carrying out of the work in accordance with approved drawings and designs, subject to approval by the Purchaser before execution. In case the dimensions of work are less than those shown in the approved designs and drawings and the work is accepted without being rejected, payment will be made as per work actually done. (b) The measurement will be made generally in accordance with standard engineering practice and in conformity with the explanatory notes for Schedule-1(Part-1, Chapter-IV). Scada Sport,13 116 PART-II DETAILS OF SERVICE CONDITIONS, TRACTION SYSTEM, EQUIPMENTS, DESIGN,TECHNICALDATA, TECHICAL DEVIATIOIN, SPARES, ERECTION, TESTING AND COMMISSIONING BASED ON LATEST STANDARD SCADA SPECIFICATION OF RDSO. Scada Sport,13 117 PART-II RDSO TECHNICAL SPECIFICATION No .TI/SPC/ RCC/ SCADA/ 0990 (5/07) VOLUME -I & II, Amend.N.198/2008) or latest. The above specification shall be available at RDSO Lucknow. Tenderers shall be required to purchase the above specification from RDSO on payment basis. <<< END >>> Scada Sport,13
