1 WEST CENTRAL RAILWAY Name of Contractor:- ………………………. ………… …………………………………… Full address :- ………………………………………………………….…………….. Phone / Mobile No. :- ………………………………………………………………………… Cost of Tender Form deposited vide Money Receipt No………….………Date:………… issued by ……………………………. Tender Notice No. 63/14 Date. 18.06.14 Date of Opening :- 01.08.2014 TENDER FORM Name of Work: - Construction of Limited Height Subways in lieu of manned LCs No. 103 at KM 1212/4-5 on Bina-Katni section by precast RCC box by cut & cover method with R.H. Girder under ADEN Katni Sub Division. ENGINEERING DEPARTMENT (Jabalpur Division). (Note:-1. Provident fund special conditions should be down loaded from the Annexure available on web site. Note :-2. Bridge specifications for Bridge works are available on web site which should be downloaded for tender documents of Bridge Works. ) Contractor 2 PART-I Page No REGULATIONS FOR TENDERS AND CONTRACTS CONTENTS 1.1 Meaning of Terms 3. 1.2 DEFINITIONS 3. 1.3 SINGULAR AND PLURAL 4. CREDENTIALS OF CONTRACTORS 2.1 3. 4. 5. APPLICATION FOR REGISTRATION 4. TENDER FORM 5. OMISSIONS AND DISCREPANCIES 5. EARNEST MONEY 5. 6. CARE IN SUBMISSION OF TENDERS 6. CONSIDERATION OF TENDERS 7. RIGHT OF RAILWAY TO DEAL WITH TENDERS 6 CONTRACT DOCUMENTS 8. EXECUTION OF CONTRACT DOCUMENT FORM OF CONTRACT DOCUMENTS ANNEXURE I TENDER FORMS ANNEXURE II AGREEMENT FOR ZONE CONTRACT ANNEXURE III Work order under zone contract ANNEXURE IV Contract Agreement Form ANNEXURE V Work Order for works Contracts Agreement ANNEXURE VI Work Order for works 6 9. 10. 11. 12. 13. 14. 15 16. Special conditions of contract Safety Rules Special conditions Instructions to Tenderers Notes for Tenderer Correction Slip – 1 Correction Slip - 2 6 7 to 11. 12 13 14 15 16 17 18 to 28 29 to 31. 31 to 35 35 to 39 39. 40 to 42 . 43 to 50. Contractor 3 REGULATIONS FOR TENDERS AND CONTRACTS FOR THE GUIDANCE OF ENGINEERS AND CONTRACTORS FOR ENGINEERING WORKS MEANING OF TERMS 1.1 These Regulations for Tenders and Contracts, shall be read in conjunction with the General conditions of Contract which are referred to herein and shall be subject to modifications, additions or super session by special conditions of contract and/or special specifications, if any annexed to the Tender Forms. 1.2 Definition: - In these Regulations for Tenders and Contracts the following terms shall have the meanings assigned hereunder except where the context otherwise requires: (a) "Railway” shall mean the President of the Republic of India or the Administrative Officers of the West Central Railway or of the Successor Railway authorised to deal with any matters which these presents are concerned on his behalf. . (b) "General Manager" shall mean the Officer incharge for the general Superintendence and control of the Railway and shall also include the General Manager (Construction) and shall mean and include their successors, of the Successor Railway. (c) "Chief Engineer" shall mean the Officer incharge of the Engineering Department of West Central Railway and shall also include the Chief Engineer (Construction), Chief Signal and Telecommunication Engineer, Chief Signal and Telecommunication Engineer (Construction), Chief Electrical Engineer and Chief Electrical Engineer (Construction) and shall mean & include their successors of the Successor Railway. (d) "Divisional Railway Manager" shall mean the Officer incharge of a Division of the West Central Railway and shall mean and include the Divisional Railway Manager of the Successor Railway. (e) "Engineer" shall mean the Divisional Engineer or the Executive Engineer, Divisional Signal & Telecommunication Engineer, Divisional Signal & Telecommunication Engineer (Constructions), Divisional Electrical Engineer and Divisional Electrical Engineer (Construction), in executive charge of the works and shall include the superior officer of the Engineering, Signal & Telecommunication, and Electrical Department of Railway; i.e. the Senior Divisional Engineer/Deputy Chief Engineer/Chief Engineer / Chief Engineer (Construction), Senior Divisional Signal and Telecommunication Engineer/ Deputy Chief Signal and Telecommunication Engineer / Chief Signal & Telecommunication Engineer / Chief Signal & Telecommunication Engineer (Construction), Senior Divisional Electrical Engineer/Deputy Chief Electrical Engineer/Chief Electrical Engineer (Construction)/ and shall mean and include the Engineers of the Successor Railway. (f) "Tenderer" shall mean the Person/the firm/co-operative or company whether in-corporated or not who tenders for the works with a view to execute the works on contract with the Railway and shall include their personal representatives, successors and permitted assigns. (g) "Limited Tenders" shall mean tenders invited from all or some Contractors on the approved or select list of contractors with the Railway. (h) "Open Tenders" Shall mean the tenders invited in open and public manner and with adequate notice. (i) "Works" shall mean the works contemplated in the drawings and schedules setforth in the tender forms and required to be executed according to specifications. Contractor 4 (j) "Specifications" Shall mean the specifications for Materials and works of the Central Railway as specified in Part III of the Works Hand Book issued under the authority of the Chief Engineer or as amplified added to or superseded by special specification if any appended to the Tender Forms. (k) "Schedule of Rates of the West Central Railway" shall mean the schedule of Rates issued under the authority of the Chief Engineer from time to time (I) "Drawings" shall mean the maps, drawings, plans and tracings or prints thereof annexed to the Tender Forms. 1.3. Words importing the singular number shall also include the plural and vice versa where the context requires. 2.1 Application for registration:-Works of construction and of supply of material shall be entrusted for execution to contractors whose capabilities and financial status have been investigated and approved to the satisfaction of the Railway. For this purpose, list of approved contractor shall be maintained in the Railway. The said list shall be revised periodically once in a year or so by giving wide publicity through advertisements etc. A Contractor including a contractor who is already on the approved list shall apply to the nearest General Manager (Construction), Chief Administrative Officer (Construction), Divisional Railway Manager, Chief Engineer/ Chief Engineer (Construction), Chief Signal and Telecommunication Engineer/Chief Signal & Telecommunication Engineer (Construction) and Chief Electrical Engineer/Chief Electrical Engineer (Construction), furnishing particulars regarding: (a) his position as an independent contractor specifying Engineering organisation available with details or Partners/Staff/Engineers employed with qualifications and experience; (b) his capacity to undertake and carry out works satisfactorily as vouched for by a responsible official or firm, with details about the transport equipments, construction tools and plants, etc., required for the work, maintained by him; (c) his previous experience of works similar to that to be contracted for, in proof of which original certificates or testimonials may be called for and their genuineness verified if needs be, by reference to the signatories thereof; (d) his knowledge from actual personal investigation of the resources of the area/zone or zones in which he offers to work; (e) his ability to supervise the work personally or by competent and duly authorised agents; (f) his financial position; (g) Income-tax Clearance Certificate.:-Addendum &Corrigendum Slip (ACS) No. 3 to General Condition of Contract July 2013 has been issued by Railway Board , New Delhi vide letter No. 94/CEI/CT/4 (PT.II) dated 07/14.11.2013 and the same is applicable to this tender / contract. 2.2 An applicant shall clearly state the categories of works for which and the area/zone/division (s)/district (s) in which he desires registration in the list of approved contactors. 2.3 The selection of Contractors for enlistment in the approved list would be done by a committee for different value slabs as notified by Railway. Contractor 5 2.4 An annual fee as prescribed by the Railway from time would be charged from such approved contractors to cover the cost of sending notices to them and clerkage for tenders, etc. 2.5 The list of approved contractors would be treated as confidential office record. TENDERS FOR WORKS 3. Tender Form: - Tender Forms shall embody contents of the contract documents either directly or by reference, and shall be as per specimen form, AnnexureI. tender Forms shall be issued on payment of the prescribed fees to the appropriate contractor on the list of approved contractors. Contractors not on the list of approved contractors, will on payment of the prescribed fees, be furnished with tender forms and they shall be required to submit evidence regarding their financial status, previous experience and ability to execute the works without which their tenders will not be considered. 4. Omissions and Discrepancies: - Should a tenderer find discrepancies in, or omissions from the drawings or any of the Tender Forms or should be in doubt as to their meaning, he should at once notify the authority inviting tenders who may send a written instruction to all tenderers. It shall be understood that every endeavor has been made to avoid any error which can materially affect the basis of the tender and the successful tenderer shall take upon himself and provide for the risk of any error which may subsequently be discovered and shall make no subsequent claim on account thereof. 5. Earnest Money: - The tenderer shall be required to deposit earnest money with the Tender for the due performance of the stipulation to keep the offer open till such date as specified in the Tender, under the conditions of Tender, Annexure-I. (b) It shall be understood that the tender documents have been sold/ issued to the tenderer and the tenderer is permitted to tender in consideration of stipulation on his part, that after submitting his tender he will not resile from his offer or modify the terms and conditions thereof in a manner not acceptable to the Engineer. Should the tenderer fail to observe or comply with the said stipulation, the aforesaid amount shall be liable to be forfeited to the Railway. (c) If his tender is accepted this earnest money mentioned in sub clause (a) above will be retained as part security for the due and faithfull fulfillment of the contract in terms of Clause 16 of the General Conditions of Contract. The earnest money of other tenderers shall, save as herein before provided, be returned to them, but the Railway shall not be responsible for any loss or depreciation that may happen thereto while in their possession, nor be liable to pay interest thereon. (d) Deleted (Ref. Rly.Board`s L.No. 2003/CE-I/CT/4/PT.I dated 12.5.2006 and 30.05.06) (2) No part of this fixed lumpsum deposit as Earnest Money can be accounted against the Security Deposit a contractor has to make on the acceptance of his tender and on execution of an agreement. It may however, be noted by the Contractors that this Earnest Money deposited by them is available for forfeiture to the extent specified, in cases where they tender but due to any circumstances fail to keep the offer open for the period specified in the tender documents. The earnest money should be in cash or in any of the following forms: (i) Deposit receipts, pay orders, demand drafts. These forms of earnest money could be either of the State Bank of India or of any of the nationalised banks. No confirmatory advice from the Reserve Bank of India will be necessary. (ii) Deposit receipt executed by the Scheduled banks (other than the State Bank of India and the Nationalised Banks) approved by the Reserve Bank of India for this purpose. The Railway will not, Contractor 6 however, accept deposit receipt without getting in writing the concurrence of the Reserve Bank of India. (See further amendment as per Rly’s Bd.`s letter no. 2003/C-1/CT/4/Pt-1 dated 23.01.08). 6. Care in Submission of Tenders. (a) Before submitting a tender, the tenderer will be deemed to have satisfied himself by actual inspection of the site and locality of the works, that all conditions liable to be encountered during the execution of the works are taken into account and that the rates he enters in the tender forms are adequate and all inclusive to accord with the provisions in Clause-37 of the General Conditions of Contract for the completion of works to the entire satisfaction of the Engineer. When work is tendered for by a firm or company of contractors, the tender shall be signed by the individual legally authorised to enter into commitments on their behalf. (c) The Railway will not be bound by any power of attorney granted by the tenderer or by changes in the composition of the firm made subsequent to the execution of the contract. It may, however, recognize such power of attorney and changes after obtaining proper legal advice~, the cost of which will be chargeable to the contractor. 7. Right of Railway to deal with Tenders - The Railway reserves the right of not to invite tenders for any of Railway work or works or to invite open or limited tenders and when tenders are called to accept a tender in whole or in part or reject any tender or all tenders without assigning reasons for any such action. CONTRACT DOCUMENTS 8. Execution of Contract Document: - The Tenderer whose tender is accepted shall be required to appear in person at the office of the General Manager/General Manager (Construction) Chief administrative Officer (Construction), Divisional Railway Manager or concerned Engineer, as the case may be, or if a firm or corporation, a duly authorised representative shall so appear and execute the contract documents within 7 days after notice that the contract has been awarded to him. Failure to do so shall constitute a breach of the agreement affected by the acceptance of the tender in which case the full value of the earnest money accompanying the tender shall stand forfeited without prejudice to any other rights or remedies. In the event of any tenderer ,whose tender is accepted , shall refuse to execute the contract documents as here in before provided, the Railway may determine that such tenderer has abandoned the contract and there upon his tender and acceptance thereof shall be treated as cancelled and the Railway shall be entitled to forfeit the full amount of the Earnest Money and to recover the damages for such default. 9. Form of Contract Document :-Every contract shall be complete in respect of the document it shall so constitute. Not less than 2 copies of the contract documents shall be signed by the competent authority and the contractor and one copy given to the contractor. (a) For zone contracts awarded on the basis of the percentage above or below the Schedule of Rate West Central Railway for the whole or part of financial year, the contract agreement required to be executed by the tenderer whose tender is accepted shall be as per specimen form, Annexure II During the currency of the Zone contract, work orders as per specimen form Annexure III or IV for works not exceed Rs. Two Lakheach shall be issued by the Divisional Railway Manager/Executive Engineer under the agreement for Zone Contract. (b) For contracts for specific works, valued at more than Rs. 10,000/- the contract documents required to be executed by the tenderer whose tender is accepted shall be either an Agreement as per specimen form Annexure IV or a work order as per specimen form annexure V as may be prescribed by the Railway. Contractor 7 ANNEXURE I WEST CENTRAL RAILWAY TENDER FORMS (FIRST SHEET) Tender No. …………………….. Name of Work. ........................................................................................ To The President of India, Acting through the Divisional Railway Manager(Works) West Central Railway, Jabalpur. I/We …………………………………………………………………………………….have read the various conditions to tender attached here to and agree to abide by the said conditions. I/We also agree to keep this tender open for acceptance for a period of 120 days from the date fixed for opening the same and in default thereof, I/We will be liable for forfeiture of my/our "Earnest Money". I/We offer to do the work for West Central Railway, at the rates quoted in the attached schedule and hereby bind myself/ourselves to complete the work in all respects within ( as per NIT )…… months from the date of issue of letter of acceptance of the tender. 2. I/We also hereby agree to abide by the General Conditions of Contract corrected upto printed advance correction slip . ………. date ……….. and to carry out the work according to the Special Conditions of Contract and Specifications of materials and works as laid down by Railway in the annexed Special Conditions/Specifications and the Central Railway Works Hand Book Part II corrected upto printed/advance correction slip No…..…………….....dated.................... Sanitary Works Hand Book corrected upto printed/advance correction slip No…..……..…. dated............ Schedule of Rates corrected upto printed/advance correction slip No. …………….dated……… for the present contract. 3. A sum of `……………….. is herewith forwarded as Earnest money. The full value the earnest Money shall stand forfeited without prejudice to any other right or remedies in case my/our Tender is accepted and if :(a) I/We do not execute the contract documents within seven days after receipt of notice issued by the Railway that such documents are ready; and (b) I/We do not commence the work within fifteen days after receipt of orders to that effect. 4. Until a formal agreement is prepared and executed, acceptance of this tender shall constitute a binding contract between us subject to modifications, as may be mutually agreed to between us and indicated in the letter of acceptance of my/our offer for this work. Signature of Witnesses: .,............................... (1)………………………. .................................... Signature Tenderer(s) Address of the Tenderer(s) (2)………………………. Date ........................... Contractor 8 ANNEXURE I TENDER FROM (SECOND SHEET) 1. Instructions to tenderers and conditions of tender - The following documents form part of Tender/ Contract :(a) Tender forms-First Sheet and Second Sheet. (b) Special Conditions/Specifications (enclosed) (c) Schedule of approximate quantities (enclosed) (d) General Conditions of Contract and Standard Specifications for materials and works as laid down in Works Hand Book and Sanitary Works Hand Book of Central Railway, as amended/ corrected upto correction slips mentioned in First Sheet of Tender Form, copies of which can be seen in the office of Divisional Railway Manager(Works) or obtained from the office of the Chief Engineer, West Central Railway, Jabalpur on………………………… payment of `……………………`………………………. & ` …………………….. respectively. (e) Schedule of Rates, as amended/corrected upto correction slip as mentioned in First sheet of Tender sheet of tender form, copies of which may be seen in the office of DRM(Works), Jabalpur or obtained from the Chief Engineer, West Central Railway, Jabalpur on payment. (f) All general and detailed drawings pertaining to this work which will be issued by the Engineer or his representatives (from time to time) with all changes and modifications. 2. Drawings for the work.- The Drawings for the work can be seen in the office of the DRM(Works),Jabalpur at anytime during the office hours. The drawings are only for the guidance of Tenderer(s). Detailed working drawings, (if required) based generally on the drawing mentioned above, will be given by the Engineer or his representative from time to time. 3. The Tenderer(s) shall quote his/their rates as a percentage above or below the schedule of Rates of the West CentraI Railway …………. as applicable to Jabalpur Division except where he / they are required to quote item rates and must tender for all the items shown in the schedule of approximate quantities attached. The quantities shown in the attached schedule are given as a guide and are approximate only and are subjet to variation according to the needs of the Railway. The Railway does not guarantee work under each item of the schedule. 4. Tenders containing erasures and/or alterations of the tender documents are liable to be rejected. Any correction made by Tenderer(s) in his/their entries must be attested by him/them. 5. The works are required to be completed within a period of ……(As per NIT) ..………………months from the date of issue of acceptance letter. 6. Earnest Money:- (a) The tender must be accompanied by a sum of ` ……………(As per NIT).……………as earnest money deposited in cash or in any of the forms as mentioned in Regulations for tenders and Contracts for the guidance of the Engineers and Contractors, failing which the tender will not be considered. (b) The Tenderer(s) shall keep the offer open for a minimum period …( as per NIT )… from the date of opening of the Tender it is understood that the tender documents has been sold/issued to the Tenderer(s) and the Tenderer(s) is/are permitted to tender in consideration of the stipulation on his/their part that after submitting his/their tender subject to the period being extended further if required by mutual agreement from time to time, he will not resile from his offer or modify the terms and conditions thereof in a manner not acceptable to the DRM(Works), Jabalpur of West Central Railway. Should the Tenderer fail to observe or comply with the foregoing stipulation, the amount deposited as Earnest Money for the due performance of the above stipulation shall be forfeited to the Railway. Contractor 9 (c) If the tender is accepted, the amount of Earnest Money will be retained and adjusted as Security Deposit for the due and faithful fulfillment of the contract. This amount of Security Deposit shall be forfeited if the tenderer(s)/contractor(s) fail to execute the Agreement Bond within 7 days after receipt of notice issued by railway that such documents are ready or to commence the work within 15 days after receipt of the orders to that effect. (d) The Earnest Money of the unsuccessful tenderer(s) will, save as here-in-before provided, be returned to the unsuccessful tenderer(s) within a reasonable time but the Railway shall not be responsible for any loss or depreciation that may happen to the Security for the due performance of the stipulation to keep the offer open for the period specified in the tender documents or to the Earnest Money while in their possession nor be liable to pay interest thereon. 7. Rights of the Railway to deal with tender.- The authority for the acceptance of the tender will rest with the Railway. It shall not be obligatory on the said authority to accept the lowest tender or any other tender and no tenderer(s) shall demand any explanation for the cause of rejection of his/their tender nor the Railway undertake to assign reasons for declining to consider or reject any particular tender or tenders. 8. If the tenderer(s) deliberately gives/give wrong information in his/their tender or creates/create circumstances for the acceptance of his/their tender, the Railway reserves the right to reject such tender at any stage. 9. If the tenderer(s) expires after the submission of his/their tender or after the acceptance of his/their tender, the railway shall deem such tender cancelled. If a partner of a firm expires after the submission of their tender or after the acceptance of their tender, the Railway shall deem such tender as cancelled, unless the firm retains its character. 10. Income Tax clearance certificate.-Deleted. 11. Tenderer's Credentials:-Documents testifying tenderer's previous experience and financial status should be produced alongwith the tender or when desired by competent authority of the West Central Railway.Tenderer(s) who has/have not carried out any work so far on this Railway and who is/are not borne on the approved list of the Contractors of West Central Railway should submit along with his/their tender credentials to establish :(i) His capacity to carry out the works satisfactorily. (ii) His financial status supported by Bank reference and other documents. (iii) Certificates duly attested and testimonials regarding contracting experience for the type of job for which tender is invited with list of works carried out in the past. 12. Tender must be enclosed in a sealed cover, supercribed "Tender No. …(As per NIT)……….................. and must be deposited in the special box allotted for the purpose in the office of DRM(Works), West Central Railway, Jabalpur. This Special box will be sealed at 15.00 Hrs. on …………(As per NIT)…………... The tender will be opened at 15.15 hours on the same day. The tender papers will not be sold after 12.00 hours on.……… (As per NIT)……............. 13. Non-compliance with any of the conditions setforth there in above is liable to result in the tender being rejected. 14. Execution of Contract Documents.- The successful tenderer(s) shall be required to execute an agreement with the President of India acting through the West Central Railway for carrying out the work according to General conditions of Contract, Special conditions/specifications annexed to the tender and specifications for work and materials laid down in Works Hand Book Part III and Sanitary Works Hand Book of Central Railway as amended/corrected upto correction slip mentioned in tender form (First Sheet). Contractor 10 15. Partnership deeds, Power of Attorney Etc.- The tenderer shall clearly specify whether the tender is submitted on his own or on behalf of a partnership concern. If the tender is submitted on behalf of a partnership concern, he should submit the certified copy of partnership deed alongwith the tender and authorisation to sign the tender documents on behalf of partnership firm. If these documents are not enclosed alongwith tender documents, the tender will be treated as having been submitted by individual signing the tender documents. The Railway will not be bound by any power of attorney granted by the tenderer or by changes in the composition of the firm made subsequent to the execution of the contract. It may, however recognise such power of attorney and changes after obtaining proper legal advice, the cost of which will be chargeable to the contractor. 16. The tenderer whether sole proprietor, a limited company or a partnership firm if they want to act through agent or individual partner(s) should submit alongwith the tender or at a later stage, a power of attorney duly stamped and authenticated by a Notary Public or by Magistrate in favour of the specific person whether he/they be partner(s) of the firm or any other person specifically authorising him/them to submit the tender, sign the agreement, receive money, witness measurements, sign measurement books, compromise, settle, relinquish any claim(s) preferred by the firm and sign "No Claim Certificate" and refer all or any disputes to arbitration. 17. Employment/Partnership, etc., of Retired Railway Employees.- (a) Should a tenderer be a retired engineer of the Gazetted rank or any other Gazetted officer Working before his retirement, whether in the executive or administrative capacity, or whether Holding a pensionable post or not, in the Engineering department of any of the railways owned and administered by the President of India for the time being, or should a tenderer being partnership firm have as one of its partners a retired engineer or retired Gazetted Officer as aforesaid, or should a tenderer being an incorporated company have any such retired engineer or retired officer as one of its Directors, or should a tenderer have in his employment any retired Engineer or retired Gazetted Officer as aforesaid, the full informations as to the date of retirement of such Engineer or Gazetted Officer from the said service and in case where such Engineer or Officer had not retired from Government service at least 2 years prior to the date of submission of the tender as to whether permission for taking such contract, or if the contractor be a partnership firm or an incorporated company to become a partner or Director as the case may be, or to take employment under the contractor, has been obtained by the tenderer or the Engineer or Officer, as the case may be from the President of India or any officer, duly authorised by him in this behalf, shall be clearly stated in writing at the time of submitting the tender. Tenders without the information above referred to or a statement to the effect that no such retired Engineer or retired Gazetted Officer is so associated with the tenderer, as the case may be, shall be rejected. (b) Should a tenderer or contractor being an individual on the list of approved Contractors, have a relative(s) or in the case of partnership firm or company of contractors one or more of his shareholder(s) or a relative(s) of the shareholder(s) employed in gazetted capacity in the Engineering department of the West Central Railway, the authority inviting tenderers shall be informed of the fact at the time of submission of tender, failing which the tender may be disqualified/rejected or if such fact subsequently comes to light, the contract may be rescinded in accordance with the provision in clause 62 of the General Conditions of Contract. ..................... .......................................... Signature of Tenderer(s) Date…………... (Signature).......................................... (Designation) West Central Railway Contractor 11 ANNEXURE I (Contd ) TENDER FORM (THIRD SHEET) Name of work. .................................................................................................................................................... SCHEDULE OF RATES AND QUANTITIES ………………………………………………………………………………………………………………… Sr. No. Item No. 1 2 Description of Item of work 3 Approximate Unit Quantity 4 5 Rates in figures Amount Rs. Ps. Rs. Ps. 6 7 ( As per schedule & Rate sheet attached ) The quantities shown in above schedule are approximate and are as a guide to give the tenderer(s) an idea of quantum of work involved. The Railway reserves the right to. increase/decrease and/or delete or include any of the quantities given above and no extra rate will be allowed on this account. I/We undertake to do the work at …. ( As per Rate Sheet ) .... % above / below / at par ………………….. of the West Central Railway as applicable to Jabalpur Division or at the rates quoted above for each item. Dated .................................... Signature of the Tenderer(s) ................... Note :- Column 1 to 5 shall be filled by the office of the Authority inviting tender. Column 6 & 7 shall be filled by the Tenderer(s) only when percentage tenders are not invited. Contractor 12 ANNEXURE II AGREEMENT FOR ZONE CONTRACT CONTRACT AGREEMENTNo…..JBP/W/R/………….............. ....... ...… DATED ……………… ARTICLES OF AGREEMENT made…….....……….……. this day of ……………………. between the President of India acting through the Divisional Railway Manager (Works), WCR, Jabalpur, hereinafter called the "Railway" of the one part and Shri/M/s................................................... . . . . . . . . . . ................ hereinafter called the "Contractor" of the other part. WHEREAS the Contractor has agreed with the Railway during the period of …………..………….months from…………… to……………..for the performance of:(a) New' Works, additions and alterations to existing structures, special repair works and supply of building materials subject to the contract value for such works not exceeding Rs. .................. (b) All ordinary repair and maintenance works at any site between Kilometre …...and Kilometre……. as will be setforth in the work orders (which work orders shall be deemed and taken to be part of this contract) that will be issued during the said period at… . . . . . . . . . . . .…. % above/below the Schedule of Rates of the West Central Railway , corrected upto Printed/Advance Correction Slip No… . . . . . . .…….. dated … . . . . . . . . . . . .. . …. ……..and Standard Specifications of the Central Railway contained in Works Hand Book, Part-III corrected upto Printed /Advance Correction Slip No………… dated……… . . . . . . . . . .. and sanitary works Hand Book corrected upto Printed/Advance correction slip No…... . . . . . . .. dated…… . . . . . . . . . . .... and the special conditions and special specifications if any in conformity with the drawings (if any) that will be issued with the work order, aforesaid AND WHEREAS the performance of the said work is an act in which the public are interested. NOW THIS INDENTURE PRESENTS WITNESSETH that in consideration of the payments to be made by the Railway, the Contractor will duly perform the works setforth in the said Work Order and shall execute the same with great promptness, care and accuracy, in a workman like manner to the satisfaction of the Railway and will' complete the same on or before the respective dates specified therein in accordance with the said specifications and said drawings (if any) and said conditions of contract and will observe, fulfill and keep all the conditions therein mentioned (which shall be deemed and taken to be part of this contract as if the same had been duly setforth herein), AND the Railway both here-by agree that if the Contractor shall duly perform the said work in the manner aforesaid and observe and keep the said terms and conditions, the Railway will pay or cause to be paid to the Contractor for the said works on the completion thereof the amount due in respect thereof at the rates specified above. Contractor ……………………... Designation (for President of Union of India) Address …………………….. Date....................................... Signature of witnesses with address to signature of contractor Date...................……….. Witnesses........................... Contractor 13 ANNEXURE III WORK ORDER UNDER ZONE CONTRACT WORK ORDER No.JBP/W/ ......................... . . . . . . . . ............. . . . . . . .DATED ......................... UNDER CONTRACT AGREEMENT No.JBP/W/ .................. . . . .. . . . . .......DATED .......................... Name of work ............................................................................................(site) ................................ ......................................................................................................................................................... Schedule of drawings .......................................................................................................................... Authority ...........................................................................................Allocation................................. The Contractor (s) ..................................................................... is/are hereby ordered to carryout the following works at ....................... % above / below the schedule of Rates of the Central Railways Part I corrected upto Printed/Advance Correction Slip No ................................. dated ................................. and schedule of Rates. Part II corrected upto Printed/Advance Correction Slip No ...................................... dated ................................... Jabalpur Division under Zone Contract Agreement here-in-before referred to----------------------------------------------------------------------------------------------------------------------------- --Sr. No. Item No. Description of Approximate Unit Rates in figures Amount item of work Quantity and in words Rs. Ps. Rs. Ps. -------------------------------------------------------------------------------------------------------------------------- - - - - - ---1 2 3 4 5 6 7 --------------------------------------------------------------------------------------------------------------------------- - - - - - --- Total approximate value of work --------------------------------------------------------------------------------------------------------------------------- ----------* This should be rate of Division concerned. The works herein mentioned are required to be completed on or before ............................( date). The quantities provided herein are approximate and subject to variation under Clause 42 of the General Conditions of Contract corrected upto Printed/Advance Correction Slip No. ........................................ dated..................................... Dated .......... Divisional Railway Manager/Divisional ........................ Engineer Jabalpur Division West Central Railway For PRESIDENT OF UNION OF INDIA I agree to complete the works herein setforth on or be fore the date specified under the Zone Contract Agreement herein before referred to in conformity with the drawings hereto annexed and in accordance with the General and Special (if any) Conditions of Contract corrected upto Printed/Advance Correction Slip No..................... dated .................. and the Standard Specifications of....................Railway contained in Works Hand Book Part II corrected upto Printed/Advance Correction Slip No.........................dated.................... I also agree to maintain such works for the period specified below from the date of completion. (a) Repair and maintenance work including white/colour washing three calendar months from date of completion. (b) All new works except earth work -Six calendar months from date of completion. Designation ...................................... Rly. Contractor ....................... (for President of Union of lndia) Address ............................ Date ..................... Date................................... Signature of witnesses with Witnesses .................. address to signature of contractor Contractor 14 ANNEXURE IV WEST CENTRAL RAILWAY CONTRACT AGREEMENT No.JBP/W/……………………… . . . . . . . . . . ….DATED....... ...... ....... ARTICLES OF AGREEMENT made this………. day of……………….. 20… ... between the President of India acting through the Railway Administration here in after called the "Railway" of the one part and Shri/ M/s.……………………………………………………… hereinafter called the "Contractor" of the other part. WHERE AS the Contractor has agreed with the Railway for the performance of the works………………... set forth in the schedule hereto annexed upon the General Conditions of contract corrected upto Printed/Advance Correction Slip No...…. . . . . . . . . .... dated .. . . . ............ and the specifications of the Central Railway contained in the Works Hand Book, Part II, corrected upto Printed/Advance/Correction Slip No…..….. dated……… and Sanitary Works Hand Book corrected upto Printed/Advance Correction Slip No………. dated……… and the schedule of Rates of the West Central Railway, corrected upto Printed/Advance Correction Slip No……….…..dated….…… and the special conditions and special specifications, if any, and in conformity with the drawings here-into annexed AND WHEREAS the performance of the said works is an act in which the public are interested. NOW THIS INDENTURE WITNESSETH that in consideration of the payments to be made by the Railways, the Contractors will duly perform the said works in the schedule setforth and shall execute the same with great promptness, care and accuracy in a workman like manner to the satisfaction of the Railway and will complete the same accordance with the said specifications and said drawings and said conditions of contract on or before the ……….…. ..day of …………....20…...... and will maintain the said works for a period …… . . . . . . . .……… . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . of Calendar months from the certified date of their completion and will observe, fulfill and keep all the conditions therein mentioned (which shall be deemed and taken to be part of this contract as if the same has been fully setforth herein), AND the Railway, both hereby agree that if the Contractor shall duly perform the said works in the manner aforesaid and observe and keep the said terms and conditions the Railway will pay or cause to be paid to the Contractor for the said works on the final completion there of the amount due in respect thereof at the rates specified in the Schedule hereto annexed. Contractor ........................ Designation ………………………….Rly. (for President of Union of India) Address ........................... Date .…............................ Date ....…………………........................ Signature of witnesses with address to Signature of contractor Witness .....……………….. Contractor 15 ANNEXURE V WORK ORDER FOR WORKS (Valued at over Rs. 10,000/-) WORK ORDER No……………………...................……..................……DATED.………........................ Name of work……………………………………………………………...…….…....……..….................... …………………………………………………………………(site)………….……………………………… ….. Schedule of drawings.....………………………...…………………………. ………………………..…………. Authority………………………………………...……. Allocation ...………… . …………………… Mr/M/s.…………………………………………………………………...………...Contractor / /Contractors having agreed with the Railway is/are hereby ordered to carry out the works setforth in the schedule below in accordance with the General Conditions of Contract corrected upto Printed/Advance correction Slip No.. ... ....... .... . dated……… .…… , and the Standard Specifications of the Central Railway contained in Works Hand Book, Part II, corrected upto Printed/Advance Correction Slip No ………..….. dated……..….. the schedule of rates, Part I corrected upto Printed/Advance Correction Slip No...................dated ………………..and schedule of rates, Part-II corrected upto Printed/Advance Correction Slip No………………dated……………….. and special conditions and special specifications, if any, and in conformity with drawings annexed hereto at the rates specified in the said schedule and complete the same on or before the ……..….day of ……….……200….. and maintain the said works for the period of ….… from the certified date of the completion. The quantities setforth in the said schedule shall be considered approximate and subject to variation under clause 42 of the of General Conditions of Contract. Contractor 16 CONTRACTOR's AGREEMENT I offer to do the work at the rates entered in the schedule of rates on the reverse, which I have signed, and I under stand that no fixed quantity of work is given to me to do that in starting work I am only given a place to work in or to deposit materials on, and that I have no claim to more that one unit of work as entered in the Schedule of Rates. I agree that all works done and materials delivered shall be subject to the approval of the Engineer in Charge, who may; reject and decline to pay for whatever may be in his opinion inferior or defective or either and I agree that the Standard Specifications contained in-the Works Hand Book Part II, corrected upto Printed/Advance Correction Slip No ………. dated ………..and Sanitary Works Hand Book corrected upto Printed/Advance Correction Slip No.....…….dated………. of Central Railway in so far as they are not over-rule by items of this agreement, shall be deemed part of this agreement. I agree that no work under this work order shall be assigned or sublet without the previous written approval of Divisional Railway Manager (Works) the Engineer. I agree that my work may be stopped at anytime by the Divisional Railway Manager (Works) Engineer on his giving me or my agent on the works seven days notice in writing and I agree that the measurement of my works shall be made by the Engineer at any time appointed by him in writing subsequent to the expiry of the said notice and Measurement shall be made by him at the said time whether I am present or not and that on payment for work done and approved materials delivered at site of work as ascertained by the said measurement, I shall have no further claim against the Railway and I agree that any dispute arise on matters connected with this agreement, the same shall be referred to a person to be nominated in this behalf by the CE West Central Railway, Jabalpur for the time being of the Railway, whose decision in writing shall be final and binding on both parties. I agree that any claim I have to make shall be made in writing within seven days of date of measurement taken by the Engineer as aforesaid and that any claims in respect of such measurement made more than seven days after taking of such measurement shall be deemed to have waived by me. I agree to indemnify the Railway against any claims which may be made under Workmen's Compensation Act 1923. WITNESS CONTRACTOR Name ………………,.................... Name …………………….... Address.......................................... Address…..................................... Note:-If the agreement is for a work for which a special act of the Legislature exist. e.g. the Indian Mines Act the agreement should include a clause indemnifying the Railway against all claim arising of provision of such Act. I agree to pay the rates at……………………………………% above/below/ at par ……………………… as applicable to Jabalpur Division setforth in the schedule of rates herein for finished and approved work. …………………………. Engineer …………………………..Division West Central Railway For PRESIDENT OF UNION OF INDIA I/We agree to complete the works herein set forth on or before the date specified herein and to maintain the same for a period of ………… . . . . .……….. . . . . . . . . . . . . …………… . . . . .... calender month from the certified date of their competition and in conformity with the document herein referred to, and all the condition therein mentioned shall be deemed and taken to be part of this contract as if the same had been fully set forth therein. Signature of witnesses with addresses, to signature of contractor 1..................................... 2….................................. Date..................…................ Contractor…………………. Contractor 17 ANNEXURE VI WORK ORDER FOR WORKS Jabalpur Division WORK ORDER No.JBP/W/.………….… . . . . . OriginaI/Duplicate/Triplicate No. dated……...…. I/We will carry out the following work according to the agreement at back. SCHEDULE OF RATES …………………………………………………………………………………………………. Particulars Rates (Rs.) Per Remarks ………………………………………………………………………………………………………….. (As per schedule& Rate sheet attached) …………………………………………………………………………………………………………. WITNESS Name.................................. CONTRACTOR Name................................. Address............................... Address ……….................. I agree to pay the above mentioned rates for finished and approved work. Dated ………… ………………….Engineer. Contractor 18 SPECIAL CONDITIONS OF CONTRACT 1. GENERAL 1.1 These “Special conditions and Specifications, Instructions to Tenderers and the stipulations made in the Schedule of quantities and rates” shall govern the works executed under this contract in addition to the “Central Railway Specification of Materials and Works, General Conditions of Contract and West Central Railway Standard Schedule of Rates ” each, as amended by correction slips from time to time. 1.2 Where there is any conflict between these “Special Conditions and Specifications” and the “Schedule of quantities and rates” on one hand and the " Central Railway Specifications of Materials and works, General Conditions of Contract and the West Central Railway Standard Schedule of Rates ” on the other, the former shall prevail. 1.3 All references in this document to the word “Standard Specifications” shall mean the Specifications mentioned in the “Central Railway Specifications for Materials and Works”. 1.4 Any foot note/s appearing below the item/s of the contract schedule will take precedence over these special conditions 1.5 Any specification / conditions stated by the tenderer in the covering letter submitted alongwith his tender shall be deemed to be a part of the contract only to such extent has / have been explicitly accepted by the Railway. 1.6 The General Conditions of contract will mean the General Conditions of Contract as amended and / or corrected from time to time and obtaining at the time of accepting of the tender and at the time of execution of the agreement mentioned in clause 15 under Conditions of tender. It should be the responsibility of the Contractor before submitting his tender and again before entering into said agreement to ascertain all amendments and / or corrections made to the said General conditions of contract. 2. SECURITY DEPOSIT ON ACCEPTANCE OF TENDERS. 2.1 Security Deposit Unless otherwise specified in the special conditions if any the S.D./rate of recovery/mode of recovery shall be as per Rly.Board`s L.No. 2003/CE-I/CT/4/PT.I dated 12.5.2006 and 30.05.06:The Security Deposit unless forfeited in whole or in part, according to the terms and conditions, will be refunded on receipt of a certificate from the Engineer concerned to the effect that the work has been satisfactorily completed and maintained in all respect for the period specified in the special conditions and specifications of contract and provisions under Clause 51 (3) of General Conditions of contract have been fulfilled and no defects have been noticed. No interest will accrue on the Security Deposit under any circumstances. 2.2. The Security Deposit will be recovered from bills as per Rly.Board`s L.No. 2003/CE-I/CT/4/PT.I dated 12.5.2006 2.3 Earnest money in the form of Guarantee Bonds are not acceptable. Contractor 19 3. HIRE OF PLANT & MACHINERY AND OTHER FACILITIES. 3.1 The contractor shall make his own arrangements for all plant and machinery other facilities equipments, tools, including spare parts, fuel and consumable stores, and all labour required to ensure efficient methodical execution of the work. The rate quoted and accepted shall be deemed to be inclusive of all charges of such items. 3.2 On the contractor’s request the Railway may, however, give on hire plant and machinery / other facilities, equipment and tools, if available spare with the Railway, without any commitments on the part of the Railway to do so, in which case, the hire charges for plant and machinery will be calculated to cover interest ordinary repairs and maintenance charges at 5% special repairs and maintenance charges at 10% depreciation charges as per extant rules of the Railway, and an additional 10% on the total of these four above, on the cost of the Plant & Machinery, which will be the present day market value plus freight and other incidental charges increased by 12 ½% supervision charges. 3.3 Hire charges for items other than plant and machinery, which do not require any form of repair and maintenance shall only take into account interest on capital, depreciation and an additional 10% on these two. 3.4 The hire charges per day shall be arrived at by dividing the annual hire charges by 250, which shall be assumed to be the number of working days in a year for this purpose only. These hire charges will be payable from the day the plant is handed over to the day it is returned to the Railway administration. If, however, during this period the plant remains out of order for reasons beyond the control of the contractor, or is withdrawn for periodic overhaul or any repairs, such periods shall not be counted for levy of hire charges. The contractor shall enter into a separate agreement in this respect and the terms and conditions as per the agreement will be final and binding on the contractor. 3.5 In the event of a plant or equipment or facility given on hire to the contractor not being returned to the railway administration in a reasonably goods working order / depreciation that it would have suffered for the period of hire, the Railway shall treat the plant / facility as on sale, as per extant orders of the Railway from the date it was initially given on hire, withdrawing the hire terms and charges. 3.6 If however, the plant and machinery / other facilities, equipments, and tools relinquished by the contractor are not available in Railway’s stock or the Railway decides not to supply the same for reasons whatsoever neither the Railway shall be bound to arrange for the supply thereof nor will Railway’s inability to supply them be accepted as an excuse for delay in the completion of the works/ or for any claims thereof. 4. SUPPLY OF MATERIALS BY RAILWAYS 4.1 Railway’s materials such as steel, MS Bars, coils, plates, tie bars angle iron R.S. Js. Channels rails etc. roofing material glazing or any other items as are stipulated in the agreement to be issued to the contractor for the work either free of charge or on payment as the case may be , will be issued to him at the Railway depot/goods shed at ……………………… ….and will have to be transported by the contractor to the site of work at his cost. All such materials will be used by the contractor for the work in such quantities as are indicated in the schedule or in relevant specifications or drawing or as approved by the Engineers whose, decision thereon shall be final. Wastage of or damage to such materials in any manner shall be totally avoided. If surplus material issued, if any, is not returned in good conditions immediately after completion of the work or if any quantity of material supplied by the Railway is consumed in excess or wasted or damaged or Contractor 20 lost or not satisfactorily accounted for in that case recovery will be made from the contractor at twice the market rate or twice book rate at the time of last issue whichever is higher plus 5% freight and 2% incidental charges plus 12.1/2% supervision charges on the above cost arrived at for the quantity of material consumed in excess or wasted or damaged, lost or not satisfactorily accounted for. In case it is discovered that the quantity of steel or any other items issued by the railway as actually used in the work is less than the quantity/quantities specified to be used, the cost of steel and for other such items not so used shall also be recovered from the Contractors on the basis stipulated in sub-para above. . Action under this Clause will be without prejudice to the right of the Railway to take action against the Contractors/ under the conditions of the Contract for not doing/completing the work according to the prescribed Specifications and approved drawings. . Railway's materials will be issued on specific requisitions by the Contractor and as per requirement consistent with the progress of works and or progress of supply of fabricated materials to the Railway. If the Railway materials required to be issued to the Contactor for the works, are to be taken to the Contractors workshop outside Railway premises a guarantee bond for the amount to cover cost of Railway material should be furnished by the Contractor before such materials are issued to him. 4.2 All material left over as 'Surplus' or as 'Scraps' out of materials supplied by the railway should be returned to the Railway's Stores at ...............................................................................failing which the cost will be recovered, as per the provision of clause 4.1 of the special conditions of Contract. 5. USE OF RAILWAY MATERIALS SECURED WITH GOVERNMENT ASSISTANCE:5.1 The railway shall not supply from its own quota to the contractors controlled or imported commodities. Assistance will, however be given by recommending to appropriate authorities on contractor’s application for issue of Import licences and release of controlled commodities if the Engineer is satisfied that this materials is actually required by the contractors for carrying out the work and is not available in the country. 5.2 Where any raw materials for the execution of the contract are procured with the Assistance of Government either by issue from Government, stocks or purchases under arrangements made or permit (s) or licence (s) issued by the Government the Contractor shall hold the materials as trustee for the Government and use such materials economically and solely for the purpose of the contract against which they are issued and no disposal off them without permission of the Government and return, if required by the Government all surplus or unserviceable materials that may be left by him after completion of the contract or at its termination for any reason whatsoever on his being paid such prices as Government may fix with due regard to the condition of the materials. The freight charges for the return of the materials according to the direction of the purchaser shall be born by the contractor, in the event of contract being cancelled for any default on his pat. The decision of Government shall be final and conclusive. 5.3 In the event of a breach of the aforesaid conditions, the contractor shall in addition to throwing himself open to action for contravention of terms of the licence (s) or the permit (s) and / or original breach of trust be liable to account to Government for all moneys, advantage or profits resulting or which in the usual course would have resulted to him by reason of such breach. Contractor 21 6. SETTING OUT OF WORKS:6.1 The Railway will initially set out the centre line of the bridge and the alignment and fix the positions of the piers and abutments. The contractor shall thereafter set out the work and every part thereof fully. The contractor shall be responsible for maintaining the accuracy of the alignment, positions, levels and of the work in accordance with the drawings, directions or instructions given from time to time to him and every facility shall be given to the engineer for checking of the same. The contractor at his own cost shall rectify the error in the dimensions, alignments positions or levels of work set out or constructed by him to the satisfaction of the Engineer. 6.2 In the case of building or other structures the Engineer or his representative will set out the centre, longitudinal or the face line and atleast one main cross line. 6.3 The work shall be set out by the contractor to the satisfaction of the engineer but his approval there shall not, nor shall his joining with the contractor in setting out the work, relieve the contractor from his entire and sole responsibility therefore. 6.4 The contractor shall also provide, fix and be responsible for the maintenance of all stakes, templates profiles, levels marks, points etc. must take all necessary precautions to prevent these being removed, altered or disturbed and will be held responsible for the consequences of such removal, alterations or disturbances should the same take place and for their efficient reinstatement. 7. SUPPLY OF WATER AND ELECTRICITY:7.1 the contractor shall make his own arrangements for water supply. Wherever it is convenient to the Railway Administration, the water from piped supply may be made available to the contractor, provided the contractor shall arranged at his own expenses to effect the connection and lay addition pipes lines and accessories to the site of work and that the contractor shall not be entitled to any compensation for interruption or failure of the water supply. The contractor have to pay for such water supply or for supply from Railway well or tube wells at a rate of one percent on the amount of all items or work appearing in the bills payable to the contractor in respect of which work such water has been used by the contractor and such charges shall be deducted from sums due or payable by the railway to the contractor from time to time. Connections to labour camps will not be permitted. 7.2 The contractor shall make his own arrangements for the operation of mechanical equipments required for the execution of work and / or for the purpose of lighting for working during day / night time. Wherever, it is convenient to the Railway Administration, the electric supply may be made available to the contractor provided the contractor shall arrange at his own expense to effect the connections and lay additional wiring provide meter and other accessories on the site. Such work of lying wiring etc. shall be done under supervision of a qualified staff and a certificate shall be required to be submitted to the effect that the work of wiring has been done as per rules or the work shall have to be got done through Railway Organization and the charges for the same shall have to be borne by the contractor as per extent rules. 7.3 The contractor shall not be entitled to any compensation for interruption or failure of the electric supply The contractor will have to pay for such electric supply from Railway at a rate agreed to between contractor and Railway Administration and such charges shall be deducted from the sums due or payable by the Railway to the contractor from time to time. 7.4 Water available locally in the wells cracks or nallahs may be blackish water at some locations. It should be noted that no sea or blackish water shall be used in the all classes of masonery reinforced and mass concrete work. In addition, water used for above work shall be free from earthy, vegetable or organic matter oils, acids and alkaline substances in solutions or in suspension and impurities and shall be fit for drinking. Contractor 22 8.2 SPECIAL CONDITIONS REGARDING PAYMENT OF ROYALTY CHARGES. 8.2.1. All taxes including royalty charges in connection with supply of rubble stone/Stone ballast/ sand have to be borne by the contractor. 8.2.2. No recovery of royalty charges from on account bills of contractor will be made by Railway administration .However it is the sole responsibility of contractor to obtain the royalty clearance certificate form the concerned revenue Authority/Collector and submit the same to Sr. DEN/DEN/ Dy. CE (C)/XEN at the time of 25% , 50%, 75% and 100% completion of contract. In case of failure in stage wise royalty clearance certificate, an amount equal to the amount of unpaid royalty charges as intimated by the Revenue Authority/Collector or as calculated on the basis of relevant rates for payment of royalty charges as applicable to the area, will be deducted from the contractor’s bill. 8.2.3 In case after completion of supply contract , the contractor fails to produce the royalty clearance certificate fro royalty charges, final bill of the contractor will not be delayed on this account and final bill will be passed after retaining an amount equal to the amount of unpaid royalty charges as intimated by the Revenue Authority/Collector or as calculated on the basis of relevant rates for payment of royalty charges as applicable to the area. 8.2.4 Amount so retained by the Railway Administration, shall be released only after receipt of authentic final royalty clearance certificate from the concerned Revenue/Authority/Collector. No claim regarding interest charges for delay in payment of retained amount on royalty account shall be entertained. 8.2.5. The contractor will at his own expenses obtain such permits or parwana from whomsoever necessary for carrying out work or for any other purpose as may be necessary to enable him to perform his part of the contract. The President / Railway Administration will not under any circumstances be liable to obtain any permit or parwana whatsoever for the contractor. 8.2.6 The contractor will be required to obtain a final royalty clearance certificate from the concerned State Revenue Authorities / Collector and produce the same to Sr. DEN / DEN after completion of supply but before the release of final bill. If in any case the contractor fails to produce the clearance for royalty charges final bills will be passed after retaining an amount equal to the amount of unpaid royalty charges, intimated by the Revenue Authorities/ Collector or as calculated on the basis of relevant rates for payment of royalty charges applicable to the state. No claim regarding interest charges for delay in payment of the retained amount on royalty amount shall be entertained. 8.2.7 The retained amount will be released, at the discretion of the Administration or production of clear Bank Guarantee covering the amount so with held towards royalty charges. 9. LEGAL CHARGES A fee of Rs. 200/- per legal document like partnership deed or power of attorney executed before or after the execution of the contract, will be recovered from the contractor for obtaining legal Advice in the Law Office. 10. EMPLOYMENT OF STAFF The contract is liable for cancellation if either the contractor himself or any of his employee is found to be a person of Gazetted rank of Engineering Department which includes Civil, Mechanical, Electrical, Signal Telecommunication Departments of Railways whether pensionable or non pensionable who after retirement has sought engagement as contractor for or in connection with the execution of public works whether on Railway PWD or Defence Forces or as an employee of such contractor within 2 years of his retirement without obtaining the permission of the President of India before taking up such engagement or employment. Contractor 23 11. Provision of efficient and competent staff at work sites :- Modification of Clause 26 and introduction of New Clause 26 A to IR`s General Conditions of Contract (G.C.C.) on the subjects of “ Provision of efficient and competent staff at work sites by the contractor& “Deployment of qualified Engineer at work sites by the Contractor” (Railway Bd`s L.No. 2012/CEI/CT/0/20 dated 10.05.2013 ) :The Contractor shall employ the following Qualified Engineers during execution of alloted works :(a) One Qualified graduate engineer when cost of the work to be executed is Rs.200 lakhs and above, and (b) One Qualified Diploma Holder Engineer when cost of work to be executed is more than Rs.25 lakhs , but less than Rs. 200 lakhs . Further , in case the contractor fails to employ the Qualified Engineer , as aforesaid, he , in terms of provisions of Clause 26A.2 to the General Conditions of Contract , shall be liable to pay an amount of Rs.40,000/- and Rs.25000/- for each month or part thereof for the default period for the provisions, as contained in Para (a) & (b) above respectively. The tenderers are required to read the GCC modified clause 26 & new clause 26 A . 12. VARIATION IN QUANTITY GCC Clause 41. Modification To Contract To Be In Writing : In the event of any of the provisions of the contract requiring to be modified after the contract documents have been signed, the modifications shall be made in writing and signed by the Railway and the Contractor and no work shall proceed under such modifications until this has been done. Any verbal or written arrangement abandoning, modifying, extending, reducing or supplementing the contract or any of the terms thereof shall be deemed conditional and shall not be binding on the Railway unless and until the same is incorporated in a formal instrument and signed by the Railway and the Contractor, and till then the Railway shall have the right to repudiate such arrangements. GCC Clause 42.(1) Powers of Modification To Contract : The Engineer on behalf of the Railway shall be entitled by order in writing to enlarge or extend, diminish or reduce the works or make any alterations in their design, character position, site, quantities, dimensions or in the method of their execution or in the combination and use of materials for the execution thereof or to order any additional work to be done or any works not to be done and the contractor will not be entitled, to any compensation for any increase/reduction in the quantities of work but will be paid only for the actual amount of work done and for approved materials supplied against a specific order. GCC Clause 42.(2) (i) Unless otherwise specified in the special conditions of the contract, the accepted variation in quantity of each individual item of the contract would be upto 25% of the quantity originally contracted, except in case of foundation work. The contractor shall be bound to carry out the work at the agreed rates and shall not be entitled to any claim or any compensation whatsoever upto the limit of 25% variation in quantity of individual item of works. (ii) In case of earthwork, the variation limit of 25% shall apply to the gross quantity of earth work and variation in the quantities of individual classifications of soil shall not be subject to this limit. (iii) In case of foundation work, no variation limit shall apply and the work shall be carried out by the contractor on agreed rates irrespective of any variation. Contractor 24 GCC Clause 42.(3) Valuation Of Variations : The enlargements, extensions, diminution, reduction, alterations or additions referred to in Sub-Clause (2) of this Clause shall in no degree affect the validity of the contract; but shall be performed by the Contractor as provided therein and be subject to the same conditions, stipulations and obligations as if they had been originally and expressively included and provided for in the Specifications and Drawings and the amounts to be paid therefor shall be calculated in accordance with the accepted Schedule of Rates. Any extra items/quantities of work falling outside the purview of the provisions of Sub-Clause (2) above shall be paid for at the rates determined under Clause39 of these Conditions. GCC Clause 42.(4) Variations In Quantities During Execution Of Works Contracts : The procedure detailed below shall be adopted for dealing with variations in quantities during execution of works contracts: 1. Individual NS items in contracts shall be operated with variation of plus or minus 25% and payment would be made as per the agreement rate. For this, no finance concurrence would be required. 2. In case an increase in quantity of an individual item by more than 25% of the agreement quantity is considered unavoidable, the same shall be got executed by floating a fresh tender. If floating a fresh tender for operating that item is considered not practicable, quantity of that item may be operated in excess of 125% of the agreement quantity subject to the following conditions: (a) Operation of an item by more than 125% of the agreement quantity needs the approval of an officer of the rank not less than S.A. Grade; (i) Quantities operated in excess of 125% but upto 140% of the agreement quantity of the concerned item, shall be paid at 98% of the rate awarded for that item in that particular tender; (ii) Quantities operated in excess of 140% but upto 150% of the agreement quantity of the concerned item shall be paid at 96% of the rate awarded for that item in that particular tender; (iii) Variation in quantities of individual items beyond 150% will be prohibited and would be permitted only in exceptional unavoidable circumstances with the concurrence of associate finance and shall be paid at 96% of the rate awarded for that item in that particular tender. (b) The variation in quantities as per the above formula will apply only to the Individual items of the contract and not on the overall contract value. (c) Execution of quantities beyond 150% of the overall agreemental value should not be permitted and, if found necessary, should be only through fresh tenders or by negotiating with existing contractor, with prior personal concurrence of FA&CAO / FA&CAO(C) and approval of General Manager. 3. In cases where decrease is involved during execution of contract: (a) The contract signing authority can decrease the items upto 25% of individual item without finance concurrence. (b) For decrease beyond 25% for individual items or 25% of contract agreement value, the approval of an officer not less than rank of S.A. Grade may be taken, after obtaining 'No Claim Certificate' from the contractor and with finance concurrence, giving detailed reasons for each such decrease in the quantities. (c) It should be certified that the work proposed to be reduced will not be required in the same work. 4. The limit for varying quantities for minor value items shall be 100% (as against 25% prescribed for other items). A minor value item for this purpose is defined as an item whose original agreement value is less than 1 % of the total original agreement value. 5. No such quantity variation limit shall apply for foundation items. Contractor 25 6. As far as SOR items are concerned, the limit of 25% would apply to the value of SOR schedule as a whole and not on individual SOR items. However, in case of NS items, the limit of 25% would apply on the individual items irrespective of the manner of quoting the rate (single percentage rate or individual item rate). 7. For the tenders accepted at Zonal Railways level, variations in the quantities will be approved by the authority in whose powers revised value of the agreement lies. 8. For tenders accepted by General Manager, variations upto 125% of the original agreement value may be accepted by General Manager. 9. For tenders accepted by Board Members and Railway Ministers, variations upto 110% of the original agreement value may be accepted by General Manager. 10. The aspect of vitiation of tender with respect to variation in quantities should be checked and avoided. In case of vitiation of the tender (both for increase as well as decrease of value of contract agreement), sanction of the competent authority as per single tender should be obtained. {Authority : (1) Item-9 to Railway Board's letter no. 2007/CE-IICT/18, Dated 28.09.07 and (2) Item-2 to Railway Board’s letter no. 2007/CE.IICT/18/Pt.XII, Dated 31.12.10} 13. STORAGE OF INFLAMMABLE ARTICLES. No inflammable materials, such as petroleum oil, etc. within the meaning of the Indian Petroleum Act and Indian Explosives Act shall be stored at site or adjacent land until the approval of the Railway and necessary licence under the Act has been obtained by the Contractor. All due precautions as required under the Act shall be taken by the contractor. 14. ANTI-LARVAL WORKS. The contractor/s shall at his / their cost carry out all anti-larval works as per the Bye- laws of the local authorities concerned or as may be directly by the engineer during the execution of the work under this contracts. If the contractor fails to carry out such work the railway may carry out the same and recover the cost, the fare from the contractor/s in the same way as other Railway amount are recoverable. 15. SERVICE ROAD APPROACHES. The rates for all items of the schedule shall be inclusive of all arrangements for crossing an obstruction to be crossed in the course of the work over land or across water and the cost of providing and maintenance of approach / and / or service roads that may be necessary for bringing and removing the plants , machinery and material to and from the site of work including rent for use and / or compensation for damage if any to intervening private land traversed by such approach / service roads, and including cost of acquisition of land, if required for the purpose. The contractor will be permitted to make use of available service roads of the railway free of cost. Railway reserves the right to make use of the contractors service road without paying any charges to him. 16. The tenderer should note that the rates quoted shall embrace all operations necessary for the satisfactory completion of the work to finish and shall include all charged for handling, transport, lead, lift, labour, housing, sanitation, water supply materials fuel, tools, and plants electric power, workshop facilities, machinery security , lighting etc. and all other expenses of every kinds. Contractor 26 17. SAFE WORKING METHODS The contractors shall at all times, adopt such safe methods of working as will ensure safety of structures equipment and labour. Safety rules that should be adhered to are given as guidelines in Appendix ‘A’. If at any time, the Railway finds the safety arrangements inadequate or unsafe, the contractor shall take immediate corrective action as directed by the Rly’s representative at site. Any directions in the matter shall in no way absolve the contractor of his sole responsibility to adopt safe working methods. The contractor is responsible for providing skilled personnel and adequate expert supervision so as to ensure complete safety. 18. NIGHT WORK The provision in clause 23 of General conditions of contract should be noted regarding execution of work between sunset and sunrise. If the railway, is however, satisfied that the work is not likely to be completed in time except by resorting to night work, by special order, the contractor would be required to carry out the work even at night, without conferring any right on the contractor for claiming for extra payment for introducing night working. The decision of the engineer in this regard will be final and binding on the contractor. 19. NOTICE TO PUBLIC BODIES The contractor shall give to the Municipality, Police and other authorities all notices that may be required by the law and obtain all requisite licences for temporary obstruction. Enclosures and pay all fees, taxes, and charges which may be leviable on account of his own operation in executing the contract. He should make good any damage to adjoining premises whether public or private and provide and maintain any light etc. required in night. 20. FIGURES, DIMENSIONS Figures and dimensions on drawings shall supercede measurements by scale, and drawings to a large scale shall take precedence over those to a smaller scale. 21. PLEA OF CUSTOM the plea of “Custom” prevailing will not on any account be permitted as an excuse for infringement or any of the conditions of contact or specifications. 22. CARE OF STAFF No quarters will be provided by the railway for accommodation of the contractor or any of his staff employed on the work. The contractor may be allowed to erect any labour camps for housing the labour at or near the site work on available railway land. The contractor shall at his own cost make all necessary and adequate arrangements for the importation, feeding and preservation of the hygiene of his staff. The contractor shall permit inspection at all times, of all sanitary arrangements made by him by the engineer or his assistant or the medical staff of the Railway. If the contractor fails to make adequate medical and sanitary arrangements these will be provided by the railway and the cost thereof, will be recovered from the contractor. 23. FIRST AID The contractor shall maintain in a readily accessible place first aid appliance including an adequate supply of sterilized dressing and sterilized cotton wool. The appliances shall be placed under the charge of responsible person who shall be readily available during working hours. 24. DAMAGE ACCIDENTS OR FLOODS OR TIDES The contractor shall take all precautions against damages from accidents, floods or tides. No compensation will be allowed to the contractor for his tools, plants, materials, machines and other equipment lost or Contractor 27 damaged by any cause whatsoever. The contractor shall be liable to make good the damages to any structure or part of a structure, plant or material of every description belonging to the Railway administration, lost or damaged by any cause during the course of contractor’s work. The Railway Administration will not be liable to pay to the contractor any charges for rectification or repairs to any damage which may have occurred from any cause whatsoever, to any part of the new structures during construction. No claims in this regard will be arbitrable. 25. TRESPASS The contractor shall at all times be responsible for any damages or trespass committed by his agents and workmen in carrying out the work, unless such trespass is authorized by the Engineer. 26. Code Nos. description and rates given in the schedule are based on the Standards schedule of Rates 2007. Any discrepancies noticed at any time during the execution currency of the work in wording, rates quantity of cement etc. should be rectified by reference to the printed schedule which shall be treated as authoritative and binding on the contractor. The notes appearing at the beginning of each of the relevant chapters of the West Central Railway’s Standard schedule of Rates except as modified by these special conditions will be applicable to this contract, both for standard schedule and non scheduled items. 27. The following additional cause No. 55-A to the General conditions of contract will be applicable:“55- (1) The contractor shall comply with the provisions of the contract labour (Regulation and Abolition) Act 1970 and the contract Labour (Regulation and Abolition) Central Rules 1971 as modified from time to time, wherever applicable and shall also indemnify the Railway from and against any claim under the aforesaid Act and the Rules. (2) The contractor shall obtain valid licence under the aforesaid Act as modified from time to time before the commencement of the work and continue to have a valid licence until the completion of the work. Any failure to fulfill this requirement shall attract the panel provisions of the contract arising out of the resultant non-execution of the work. (3) The contractor shall pay to labour employed by him directly or through subcontractors the wages as per provisions of the aforesaid Act and the Rules wherever applicable. The contractors shall not withstanding the provisions of the contract to the contrary, cause to be paid the wages to labour indirectly engaged on the work including any engaged by his sub-contractors in connection with the said work, as if the labour had been immediately employed by him. (4) In respect of all labour directly or indirectly employed in the work for performance of the contractor’s part of the contract, the contractor shall comply with or cause to be complied with the provisions of the aforesaid Act and the Rules wherever applicable. (5) In every case in which by virtue of the provisions of the aforesaid Act or the Rules, the Railway is obliged to pay any amount of wages to a workman employed by the contractor or his sub-contractor in execution of the work or to incur any expenditure in providing welfare and health amenities required to be provided under the aforesaid Act and the Rules or to incur any expenditure on account of the contingency liability of the Railway due to the contractor’s failure to fulfill his statutory obligations under the aforesaid Act or the Rules, the Railway will recover from the contractor and the amount of wages so paid or the amount of expenditure so incurred and without prejudice to the rights of the Railway under section 20 sub section (2) and section 21 sub section (4) of aforesaid Act, the Railway shall be at liberty to recover such amount or part thereof by deducting it from the security deposit and / or from any sum due by the Railway to the contractor whether under the contract or otherwise. The Railway shall not be bound to contest any claim made against against it under subsection (1) of section 20 and sub section (4) of section 21 of the Contractor 28 aforesaid Act except on the written request of the contractor and upon his giving to the Railway full security for all cost for which the railway might become liable in contesting such claim. The decision of the Railway regarding the amount actually recoverable from the contractor as stated above shall be final and binding on the contractor”. 27-A. If the Contractors is a co-operative labour contract, Society / Vendor Cooperative Society, there shall be no element of contractor or ex-contractors in that Society in any capacity not shall there be any close relative of the Contractor or ex-contractor associating with the Society as an office bearer. The Railway administration reserve the right to terminate the contract of the Society at any time without any reason after giving notice of calender month, in case of breach of the above clause. 28 BLASTING 28.1 In the procurement, transport, storage issue and use of explosives the contractor shall abide by the specification and provisions incorporated in the IS Specification No. 4081 – 1967 and IS Specification No. 4756 – 1968 as amended from time to time. He shall also abide by all the rules and regulations provided In the Indian Explosives Act 1984 amended from time to time and such other acts and rules as may be enacted laid from time to time by the Government for such works. 28.1.2 Prior to carrying out any blasting the contractor shall obtain the concurrence of the engineers and shall be at all times bound to carry out his instructions regarding provision of blanketing the type number size and placing and firing of charges. Where the blasting is to be carried out closed to running line, the engineer may restrict the sixes and number of shots to be fired at a time so that adjoining tracks and works are not adversely affected and so that the rock beyond the desired profile of the cutting etc. is not cracked or disturbed. Blasting in close proximity to track structures and power lines will be carried out only under traffic power blocks. For works near telephone or telegraph wires, the contractor must advise the engineer in good time, so that he can satisfy himself that safe working methods are being adopted. The contractor will only fire charges at the time notified to him by the engineer and will observe all precautions considered necessary as ordered by the engineer. The contractor will have no claim for damages or loss due to any delay established or claimed to have occurred to the progress of many part of the work as a result of obeying such instructions of the engineer or taking such safety precautions as to the engineer may order to be taken from time to time. 28.1.3. The traffic and power blocks required for carrying out the blasting will be settled in advance and the contractor will be advised of the availability of blocks atleast 6 hours in advance. If however, the block could not be made available due to any reason whatsoever, the contractor will have no claim for any loss. 29. Period of completion – The railway expects that a resourceful and experienced contractor should be able to complete the work in all respects within ..(As per NIT)… month after contract is awarded. Each contractor must, however fill in the appropriate place on page 1 of the Tender Document, the period within which he undertake to complete the work. 30. Maintenance period – The work shall be maintained after completion for a period of ..(As per NIT) . . . . . . . . . . .… months by the contractor and he shall make good any defects imperfection shrinkages or faults which may appear at his own cost. Contractor 29 APPENDIX ‘A’ SAFETY RULES 1. Suitable scaffolds should be provided for workmen for all works that cannot safely be done from the ground or from solid construction except such short period work as can be done safely from ladders. When a ladder is used an extra labourer shall be engaged for holding the ladder and if the ladder is used for carrying materials as will, suitable foot-holds and hand holds shall be provided on the ladder and the ladder shall be given an inclination not steeper than ¼ to (1/4 horizontal to one vertical). 2. Scaffolding or staging more than 3.5 metres above the ground or floor swung or suspended from an overhead support or erected with stationary support shall have a guard rail properly attached bolted, braced and otherwise secured at least 1 meter high above the floor or platform of such scaffolding or staging and extending along the entire length there of with only such opening as may be necessary for the delivery of materials. Such scaffolding or staging shall be so fastened as to prevent it from swaging from the building or structure. 3. Working platform , gangway and stairways should be so constructed that they should not sag unduly or unequally and where the height of the platform or the gangway or the stairway is more than 3.5 meters above ground level or floor level they should be closely boarded should have adequate width and should be suitably fastened as described in the para above. 4. Safe means of access shall be provided to all working platforms and other working places. Every ladder shall be securely fixed. No portable single ladder shall be over 10 metres in length while the width between side rails in swung ladder shall in no case be less than 300mm for ladder upto and including 3.5 metres in length. For longer ladders this width should be increased by at least 20 mm. For each additional metre of length. Uniform steps spacing shall not exceed 300mm ./ Adequate precautions shall be taken to prevent danger from electrical equipment. No materials on any of the sides of work shall be so stacked or placed as to cause danger for inconvenience to any persons or the public. The contractor shall provide all necessary fencing and light to protect the public from accident, and shall be bound to bear the expenses of defence of every suit, action or other proceedings at law that may brought by any persons for injury sustained owing to neglect of the above precautions and to pay any damages and cost which may be awarded in any such suit action or proceedings to any such persons or which may with the consent of the contractor be paid to compromise any claim by any such person. 5. Demolition before any demolition work is commenced and also during the process of the work:(a) All roads and open areas adjacent to the work site shall either be closed or suitable protected. (b) No electric cable or apparatus which is liable to be a source of danger over a cable or apparatus used by the operator shall remain electrically charged. (c) All practical steps shall be taken to prevent danger to persons employed from risk of fire or explosion of flooding. No floor, roof or other part of the building shall be so overloaded with debris or materials as to render it unsafe. 6. All necessary personal safety equipment as considered adequate by the Engineer in charge should be kept available for the use of the persons employed on the site and maintained in a condition suitable for immediate use and the contractor should take adequate steps to ensure proper use of equipment by these concerned. Contractor 30 (a) Workers employed on mixing asphaltic materials, cement and live mortar shall be provided with protective goggles. (b) Those engaged in white washing and mixing or attaching of cement bags or any materials which is injurious to the eyes shall be provided with protective goggles. (c) Those engaged in welding works shall be provided with welder’s protective eye sight lids. (d) Stone breakers shall be provided with protective goggles and protective clothing and seated at sufficiently safe intervals. 6.a) In case the contractors have to ply vehicles for the purpose connected with the contract adjacent to Railway track the Railway Administration will be at liberty to post an experienced staff as flagman for guidance of the movements such vehicles so as to prevent accidents and the contractor will bear wages including all etc. of the staff posted as flagman for the period of Contract for such periods during which such staff is posted for the purposes. The Rly Administration will be sole judge in the absolute discretion, of the fact that it is necessary to post any staff, that which of the staff will be suitable for the purpose, that what should be the wages and other allowance payable by the contractor for staff posted for purpose. The Rly Administration will have a right without prejudice to other remedies to deduct the wages etc. of such staff from the bills of the contractor in respect of this contractor from any moneys or the contractor whatsoever available with the Railway Administration. The contractor will be liable for any over payments under Workman Compensation Act on account of any injury sustained to Railway servant during that period. 7. When the work is done near any place where there is risk of drowning, all necessary equipment should be provided and kept ready for use and all necessary steps taken for prompt rescue of any persons in danger and adequate provision should be made for prompt first aid treatment of all injuries likely to be sustained during the course of the work. 8. Use of hoisting machines and tackle including their attachment anchorage and supports shall conform the following standards or conditions. (a) (i) These shall be of good mechanical construction, sound materials and adequate strength and free from patent defect and shall be kept in good repair and in good working order. (ii) Every rope used in hoisting or lowering materials or as a means of suspension shall be of durable quality and adequate strength and free from patent defects. (b) Every Crane driver or hoisting appliances operator shall be properly qualified an no person under the age of 21 years shall be incharge of any hoisting machine including any scaffolding. ( c) In case of every hoisting machine and of every cabin ring, shackle, swivel and pulley block used in hoisting or as means of suspension safe working load shall be ascertained by adequate means. Every hoisting machine and all gear referred to above shall be plainly marked with in the safe working load. In case of hoisting machine having a variable safe working load, each safe working load of the conditions under which it is applicable shall be clearly indicated. No part of any machinery or any gear referred to above in this paragraph shall be loaded beyond the safe working load except for the purpose of testing. (d) In case of departmental machine the safe working load shall be notified by the Electrical Engineer in charge. As regards contractor’s machines, the contractor shall notify safe working load of the machine to the Engineer in charge whenever he brings any machinery to site of work, get it verified by the Electrical Engineer concerned. Contractor 31 9. Motors, gearing transmission electric wiring and of the dangerous part of hoisting appliances should be provided with efficient safe guards, hoisting appliances should be provided with such means will as reduce to the minimum the risk of accidental descent of the load, adequate precautions should be taken to reduce to the minimum the risk of any part of a suspended load becoming accidentally displaced. When workers are employed on electrical installations which are already energised insulating mats, wearing apparel, such as gloves, sleeves and both as may be necessary should be provided. The workers should not wear any rings, watches and carry keys or other materials which are goods conductors of electricity. 10. All scaffolds, ladders and other safety devices mentioned or described herein shall be maintained in safe condition and no scaffold ladder or equipment shall be altered or removed while it is in use. Adequate washing facilities should be provided at or near places of work. 11. These safety provisions should be brought to the notice of all concerned display on a notice board at a prominent place at the work spot. The persons responsible for compliance of the safety code shall be named herein by the contractor. 12. To ensure effective endorsement of the Rules and Regulations relating to safety precautions, the arrangements made by the contractor shall be opened to inspection by Labour Officer / Engineer in charge of the department or their representative. 13. Notwithstanding the above clause from(1) to (12) there is nothing in these except the contract or the operation of the any other act of rules in force in the Republic of India. Special Conditions:- 14. Payment of royalty charges:(see special conditions No. 8.2 ) 15. Price reference for public sector undertakings: 15.1 In case, the overall value of the tender of a public sector undertaking of the State or Central Govt. is upto 10% higher than the lowest tenderer of private the tenderer, the Rly reserve the right to give preference to the tender of such public sector undertaking ignoring the lower of tenderers”. 15.2 Construction of work – If cement will be supplied by the Rly the cost of the same will be covered from the contractors bill. Any condition violating the above provision of regarding supply of cement, the offer will be considered as invalid. 16. Bridge work only Note:- The quantity of items given in the schedule are approximate and are variable. Contractor have no claim due to variation / deletion of the item. I/ The contractor has to supply sufficient labour to carry out the work rounded the clock. Ii/ Contractor has to make own arrangement by way of lighting, generating etc. for working in three shifts. 17. Arbitration : Arbitration clause 63 and 64 have been revised. Arbitration will be governed as per the provision made in Rly Boards letter No. 96/CE-1/CI./29 dt. 6.8.97. 18. Quarters / Building / Leaky roof works : Contractor 32 The contents of the existing note (1) (a) of Chapter no. 106 of SSR 1990 have been substituted as under:“Contractor shall carry out at his own expenses, the test for water tightness of roofs / floors as directed by Engineers twenty percent of the cost of roofs / floors shall be retained from the contractor’s bills as security which shall be paid only after the water tightness test is conducted and the same is found to be satisfactory.” (CE CSTM’s letter No. W.187.R.2002.Genl.V dtd. 30.8.99) 19. Disaster Management : “Tenderers should note that their vehicles and equipments can be drafted by the Railway Administration in case of accidents / natural calamities involving human lives”(CTE JBP’s L.N.WCR.JBP/W/HQtrs/Disaster Mgt. Dt. August 19, 2004) (Ref..JBP.W.T-14/146) 20. Indian Railways permanent way manual 1986 - (Edition) Advance correction slip No. 95 Dated 30.06.04 The existing para 826 (i) of Indian Railways Permanent Way Manual may be modified to read as under :826 (i) - The contractor shall not start any work without the presence of railway supervisor or his representative and contractors supervisor at site. A new para 826 (vii) may be added to Indian Railway Permanent Way Manual as under : 826 (vii) - The Engineer in-charge shall approve the methodology proposed to be adopted by the contractor, with a view to ensure safety of trains, passengers and workers and he shall also ensure that the methods and arrangements are actually available at site before start of the work and the contractor's supervisors and the workers have clearly understood the safety aspects and requirements to be adopted/followed while executing the work. There shall be assurance register kept at each site, which will have to be signed by both, i.e. Railway Supervisor or his representative as well as the contractor's supervisor as a token of their having understood the safety precautions to be observed at site. 21. Special conditions of contract for plying the contractors vehicle in Railway land next to the running yards. The contractor shall not allow any road vehicle belonging to his or his suppliers etc. to ply in Railway land next to the running line. If for execution of certain work viz. earthwork for perallel Railway line and supply of ballast for necessary to be used in Railway land next to the Railway line, the contractor shall apply to the Engineer – in-charge for permission giving the type and no an individual vehicle's names and licence particulars of the drivers, location duration and timings for such work / movement. The Engineer in-charge or his authorized representative will personally counsel, examines and certify the road vehicle drivers. Contractor’s flagman and supervisor and will give written permission giving names of road vehicles drivers, contractors flagman and supervisor, to be deployed on the work. This permission will be subject to the following obligatory conditions. i. “Road vehicles can ply along the track after suitable guarding of track with minimum distance of 6 Mtrs. From the Centre of the nearest track. For plying of road vehicles during night hours, adequate measure to be communicated / by contractor’s representative and controlling Engineer / Supervisor in charge of the work including officers and the in-charge of the section”. ii. Nominated vehicle and drivers will be utilized for work in the presence of atleast one flagman and upto minimum 3.5 M shall be done only in the presence of Railway employee authorized by the Engineer –incharge. No part of the road vehicle will be allowed less than 3.5 M from track center, cost of such Railway employee shall be borne by the Railway. Contractor 33 iii. The contractor shall remain fully responsible for ensuring safety and in case of any accident, shall bear cost of all damages to this equipment and man and also damages to Railway and its passengers. iv. Engineer-in-charge may impose any other condition necessary for a particular work or site. 22. Service Tax (Ref.: An extract of Superintendent(SIV) Central Excise JBP's L.No. CEX/SIV/Misc./JBP/2004 Dated 04-0804 conveyed by Sr. DFM JBP's L.No. Ac/Fx/JBP/Tender Instr. Dated 08-09-04.) Service tax has been imposed on many services and is to be paid by the service providers. The service provider has to got himself duly registered for payment of service tax with the Central Excise department. Some of the services are as under :1. Advertising service. 2. Authorized Railway Travel Agent. 3. Commissioning or installation services. 4. Scientific and technical consultancy. 5. Rent-a-cab (Private vehicle under contract) services. 6. Technical Inspection Service. 7. Maintenance & Repair Services. 23. Special Condition Regarding cement and steel to be provided by the contractor. 1. Cement and steel for use in the work should be procured by the contractor from the main producers/their authorised dealers/authorised stock yards should conform to latest IS Specifications. I. CRS, TMT-415 or 500 STEEL BAR CONFORMING TO IS 1786-1985. 2. Cement bags preferably in paper bags to packing should bear the following information in legible markings :i) Manufactures's name. ii) Registered trade mark of manufactures, if any. iii) Weight of each bag in Kgs or no. of bags/tonne. iv) Date of manufacture, generally marked as week of the year/year of manufacture e.g. 30/93 which means 30th week of 1993. v) Type of Cement. 3. To ensure quality control, test certificate from the manufacturer should be produced by the contractors which should conform to the relevant latest specifications. 4. Railways may also take samples during the course of work and get the cement and steel tested to ascertain their conformity to specifications. 5. The Sampling should be as per IS Specifications. 6. Tests on the samples will be carried out in the field should be as given below. 6.1. Tests on cement to be as per IS 4031, same of the tests which may be carried out are :i) Comprassive strength. ii) Initial and final setting time. iii) Consistency. iv) Soundness. 6.2. Test on steel samples will be carried out as per IS Specifications. Note :- Test Certificates for cement and steel shall be produced by the contractor. (Senior Divisional Engineer (Co-rd)'s Office Note No. JBP/W/RATE/T.14 DATED 18.10.2004) Contractor 34 7.1 ''All the material required for execution of the work shall be from reputed manufactures/brands conforming to standard Railway specification/IS specifications and duly approved by engineering incharge or his representative . Offer of any other quality shall be summarizely refected '' 7.2 . Debris :- All debris from the work site will be disposed by the contractor at his own cost. 8. Minimum eligibility Criteria - “Only those firms, which in their individual capacity, satisfy the following criteria need to quote for this tender”. The Minimum Eligibility Criteria for open tender above ` 50 lakhs is as under:Only those firms, which in their individual capacity, fulfilling the following criteria, need to quote for this tender. 1. Should have completed At least one similar single in the last three financial work for a minimum value of 35% of years (i.e. current year and advertised tender value of work. three previous financial years). 2. Total contract amount received Should be a minimum of 150% during the last three financial years of advertised tender value of and in the current financial year. Work. Note:1. The contractor / firm should submit either :a) Certificate from the government employer. OR b) Audited balance sheet of the company duly certified by a chartered account, or c) A copy of the return filed with I.T. Department duly certified by C.A. in support of his claim. 2. Apart from the above information the following documents must be submitted along with the tender:a) List of personnel, organization available on hand and proposed to be engaged for the subject work. b) List of plant and machinery available on hand (own) and proposed to be inducted (own ) and proposed to be inducted (own and hired to be given separately) for the subject work. c) List of works completed in the last three financial years giving description of work, organization for whom executed, approximate value of contract at the time of award, date of award and date of scheduled completion of work. Date of actual start, actual completion and final value of contact should also be given. d) List of works on hand indicating description of work, contract value, approximate value of balance work yet to be done and date of award. Note:- 1) In case of items (c ) and (d) above, supportive documents / certificates from the Organizations with whom they worked / are working should be enclosed. 2) Certificates from private individuals for whom such works are executed / being executed shall not be accepted. Contractor 35 Tender documents are also available on our website . In case if tender document is down loaded from website, it must accompany with cost of tender form as mentioned in table. Without cost of tender, the offer shall not be considered. The tenderer , who down load the tender documents from website, will be responsible for checking the corrigendum , if any issued by the Rly. , on the website from time to time and submit the tender accordingly. INSTRUCTIONS TO TENDERERS 1. Tender documents should be submitted intact without detaching or defacing any pages. 2. Period of Completion of the work is as mentioned in the tender notice. 3. Offer of tenderer shall remain valid for a period of 120 days from the date of opening. 4. Tender with any special condition may be Rejected 5. Address provided at Annexure - I shall be considered as official correspondence address of tenderer. Non-delivery of communication due to defective address shall be responsibility of tenderer. 6. Subletting and Assignment: - The Contractor shall not, save with the previous consent in writing of the Railway Administration, sublet, transfer or assign the contract or any part thereof or interest therein on benefit or advantage thereof in any manner whatsoever. In the event of the Contractor's subletting or assigning this contract or any part thereof without such permission, the Railway Administration shall be entitled to terminate the contract and to award the work to other agency at Contractor's risk and cost and the Contractor shall be liable for any loss or damage which the Railway Administration may sustain in consequence or arising out of such purpose. 7. The drawings of work can be seen in the office of the Divisional Railway manager (Works) West Central Railway, Jabalpur at any time during office hours. 8. Tenders in prescribed form must be enclosed in sealed cover super scribing there on Tender Notice Number, the name of work as mentioned in the Tender Notice and must be deposited in the Tender box kept in the office of the DRM (W) JBP not later than the time and date mentioned in the Tender Notice. The Tenders will be opened at the stipulated time in presence of such those tenderer or their authorized Representatives who may choose to be present. Tenderer which are received after the date and time specified are liable rejected. 9. Tenders containing omissions, overwriting, additions, alterations, erasures, obliterations and other defects are liable to be rejected. All corrections made by the Tenderer /Contractor should be properly attested by the Tenderer / Contractor. 10. Tenderer (s) / Contractor (s) should quote their rates in figures and in words, wherever there is a difference between the rates quoted in figures and words, the lowest rate quoted in words will be taken as correct. 11. The Tenderer (s) should quote single percentage ABOVE / BELOW or ITEMWISE rates or whatever is asked in the tender schedule both in figures and words on the rate sheet or place given against items of the Contractor 36 tender schedule only. Such quoted rates for items of work shall be "All-Inclusive'' rates after taking all aspects of work into account. 12 The Tenderer (s) / Contractor (s) shall sign every page of the Tender document and submit the tender document intact. 13. The Tenderer (s) / Contractor (s) shall visit the site of work and ascertain for himself themselves all the aspect of site conditions viz., accessibility, availability of approach roads, nature of soil, availability of materials, water for work and drinking purpose, electricity, site for labour camps, stores, godowns extent of lead, lift involved in the work, availability of skill and unskilled labour etc. that may be encountered in the course of execution of work. In short, he should familiarize himself fully with the conditions obtaining at site and give a certificate to this effect in the proforma appended elsewhere in this tender document. 14. The Tenderer (s) / Contractor (s) shall submit along with the tender Photostat copies of credentials for having successfully executed works of similar nature and required magnitude in the recent past. He shall also produce evidence that he possess the organization and is technically resourceful to undertake this work. Tenders not accompanies with these documents are liable to be rejected. 15. It shall not be obligatory on the said authority to accept the lowest tenderer and no tenderer shall question the right of administration or demand any explanation for the rejection of his tender. 16. Tenderer (s) / Contractor (s) should specifically and fully disclose in their respective tenders, their respective constitutions and submit along with each tender attested Photostat copies of documents like partnership deed, Articles and Memorandum of Association, Certificate of Incorporation etc., if any, in support of such disclosures. Railway Administration reserves the right to demand originals of such documents for verification. 17. If a tenderer (s) / Contractor (s) is a firm, i.e. Partnership business it should be stated whether the same is registered under the Indian Partnership Act and the name and address of all the Partners of the firm should be fully disclosed. The Railway Administration shall always have the liberty to demand production of the original of the said documents and also to make such further requisitions regarding the constitution of the firm of the Tenderer(s) / Contractor (s) as may be considered necessary. 18. The Tenderer / Contractor shall give a comprehensive list of Plant and Machinery which he proposes to use in the Construction of the present work, together with the details of their make, capacity, number on hand, number proposed to be procured, their value etc. Tenderer(s) / Contractor(s) should have their own work shop to under take this work. 19. Unless otherwise mentioned, the General conditions of contract and standard specification for materials and works will apply to this contract. These shall form a part of contract where there is any conflict between general conditions of contract and special conditions /specifications, later will prevail. These can be seen in the office of the DRM (W) JBP. 20. The Tenderer (s) / Contractor (s) shall submit a list of works which are currently being executed by them, their contract value and dates of completion. 21. The earnest money deposited by the successful tenderer will be retained towards the security deposit for the due fulfillment of the contract in terms of clause 16 of the General Conditions of contract, but shall be forfeited if the contractor fails to execute the agreement or to start the work within 30 (Thirty) days from the date of receipt of Acceptance letter. This is without prejudice to anyother right or remedy available to Railway. The EMD of unsuccessful tenderer shall be returned. Railway shall not be responsible for any loss or depreciation that may happen to EMD. No claim shall be entertained for delay in refund of EMD. Contractor 37 22. Earnest Money shall be submitted in cash, with Divisional Cashier, West Central Railway, JBP or in any of the following forms. (Validity of EMD shall be 6 months (or) above) 22a. Deposit receipt, pay order, Demand Draft on State Bank of India or any other Nationalized / Scheduled Banks drawn in favour of Sr. DFM Jabalpur , West Central Railway, payable at Jabalpur. 23. The difference in value between the earnest money already deposited by the contractor and the amount of security deposit to be paid by him as per calculation, will be recovered by a percentage deduction ordinarily 10% from periodic payment to be made on account of work done or as decided by Engineer-inCharge. 24. No interest will be paid on the said security in terms of Clause 16(3) of General Conditions of Contract. 25. These "instructions to the Tender(s)" shall be deemed to form a part of Tender Document. 26. Non compliance with any of the condition set forth in this Tender document is liable to result in the Tender being rejected. 27. Tenderer (s) / Contractor (s) shall fill up Annexure 1 to V in support of their organization details, experience, credentials, financial strength and availability of resources. In case if required additional sheets can be attached. However only relevant intimation should be provided. 28. Should tenderer find discrepancies in any of the tender form or be in document as to their meaning, he should at once notify the authority inviting tenders who may send written instruction to all the tenderers. It shall be understood that every endeavour has been made to avoid any error which can materially make upon himself and provide for the risk for any error which may subsequently be discovered and shall make no subsequent claim on account thereon. 29. The Engineer Incharge on behalf of the Railway shall be entitled by order in writing to enlarge or extend, diminish or reduce the work or make any alteration in their design, character, position, site, quantities, dimensions in the method of their execution or in the combination and use of materials for the execution thereof to order any additional work to be done or any works not to be done and the contractor will not be entitled to any compensation for any increase reduction in the quantities of work, but will be paid only for the actual amount for work done and for approved materials supplied against a specific order. i) Unless otherwise specified in the special conditions of the contract the accepted variation in quantity for each individual item of the contract would be upto 25% of the quantity originally contracted for the work at the agreed rate and tenderer / contractor shall not be entitled to any claim or any compensation whatsoever up to the limit of 25% variation in quantity of individual items of works. ii) In case of foundation work no variation limit shall apply and the work shall be carried out by the contractor with agreed rates irrespective of any variation. iii) The enlargements, extension, dimensions, reductions, alterations or additions referred to sub clause 2 of the clause 20 shall in no degree affect the validity of the contract but shall be performed by the contractor as provided therein and be subject to the same conditions, stipulations, obligations, as if they had been originally and expressly included and provided for in the specifications and drawing and the amounts to be paid therefore shall be calculated in accordance with the accepted schedule of rates. Any extra item / quantity of work falling- outside the purview of the provisions of Para (II) above shall be paid for at the rates determined under clause 39 of the conditions. Contractor 38 30. If a tenderer expires after submission of the tender or after acceptance of his tender the Railway shall deem such tender as cancelled. If a partner of a firm expires after submission of their tender or after acceptance of their tender, it shall be binding on the part of remaining partners to fulfill the contractual obligations. If the tenderer deliberately gives wrong information in his / their tender or creates circumstances for acceptance of his / their tender the Railway reserves the right to reject such tender at any stage. 30. 31. Conditional tender shall not be considered. Solvency certificate : Deleted. 32. Annual turnover of the firm for each of the preceding three accounting years to be provided. 33. As the nature of work warrants to ensured the high level of dimensional precision along with high quality control, tenderer should make it a point to under- stand the work carefully and thoroughly before quoting the rate. 34. Offer of tenderer not satisfying eligibility criteria will be summarily rejected without assigning any reason. 35. Tender submitting the offer on the tender documents downloaded from website shall enclose the requisite cost of tender documents along with their offer, failing which offer may be summarily rejected. 36.1 Firms registered with NSIC of the tendered item and using the downloaded tendered documents must enclose attested copy of valid original NSIC certificate for tendered item and in that cases such firms do not need to submit tender cost. However it is found that the tendered item is not covered by the NSIC certificate and or if the NSIC certificate is not valid on the date of opening of tender the offer will be treated as submitted without cost of tender and may be summarily rejected. 36.2. If the firm is not registered with NSIC for the tendered item specifically for the respective drawing No.(Where registration is done for the item to drawing No.) or does not attach the detailed registration documents showing the registration for the tendered item, the offer may be summarily rejected. 36.2.2 Tender using the tender documents downloaded from the website should watch the website for the Corrigendum/addendum to the NIT/tender documents and there will not be any separate individual Communication for the same. 36.2.3 Tender submitting the offer on the tender documents downloaded from website should sign the Declaration by the tenderer of the tender form downloaded without fail. If the declaration is not signed by the tenderer, the offer will be summarily rejected. 36.3 The tenderers/firms who are found to be indulging in changing/adding or deleting, the content of the tender documents will be liable to face necessary action as per extant instructions which could be removal from the approved list, banning, suspension of business dealing such tenders shall be summarily rejected. The tender documents submitted by the tenderer shall be subjected to verification with the master copy available in the office and contents of master copy kept on website shall be final. 36.4 The tendered documents will also contain following declaration to be signed by tenderer. 36.5 The tenderer shall print the document on good quality white A-4 size paper on any good quality printer, preferably laser or diskjet or inkjet type printer. Contractor 39 37 “Declaration by the tenderer for the tender document downloaded” We hereby declare that "we have downloaded the tenderer document from West Central Railway’s website www.wcr.indianrailways.gov.inand printed the same. We have verified the content of the printed document from the website and there is no addition, no deletion and or no alteration to the content of the tender document . In case the same is found tempered/ modified, I/ we understand that my/our offer shall be summarily rejected.”. In case of any dispute, the hard office copy of Tender document shall be considered as final. NOTES FOR TENDERER 1. Tenders received by post /speed post will also be entertained provided the same should reach this office before 15.00 hrs upto the due date of opening of the tender. However, the Railway will not be responsible for the postal delay in receiving tenders. The completed tender in sealed envelope indicating the Tender Notice No . and date of opening on top, should be addressed to Chief O.S. (Rates), DRM (Works), DRM Office, W.C.Railway, Jabalpur (M.P.) PIN No. 482001. 2. Tenderers are requested to sign all pages of tender document. 3. a) If any plan/ drawing is attached with the Tender Form, Rs.200/- per plan / drawing will be levied extra.. (b) In case tender form is required to be sent by post an extra amount of ` 500/- must be sent and received in this office before ten days of the opening of the tender. (c)Cost of tender form should be submitted in D.D. or Cash ; and no money order, postal order or cheque will be acceptable towards cost of tender document. Offer containing tender document downloaded and paid through money order, postal order or cheque will not be considered and will be summarily rejected. (Ref.:FA & CAO(WST)JBP`s L. No.HQ/AC/FA (WST)/Con. dt.31.7.07 & CE(G)JBP`s L. No.W-HQ/WG/Works/39-IV/ dt.01.08.2007). 4. Cement & steel will be provided by the Contractor to works where it is required. 5. As per Commissioner of Commercial Tax, M.P.`s letter No. ST. 160. 95.14(b)/ 6455 dated 8.8.95. The commercial tax at the rate of 2% will be deducted from Contractor`s bills. 6. As per conditions of contract, the offer is required to be kept open for 120 days from the date of opening of the tenders. 7. The offer of the rebate if any quoted by the tenderer shall be considered valid for 120 days. Any shorter period of validity of rebate quoted by the tenderer will be ignored and the rebate will be considered valid for 120 days or as extended further. 8. No conditions with respect to technical specifications will be entertained. 9. No conditions of completion period more than specified in tender notice shall be accepted. No modification viz. `completion period excluding monsoon etc. shall be accepted. 10. “In case the contractor fails to apply for extension of validity of contract and the Railway has not taken action for terminating the same under clause 62 of GCC the contract can be terminated as per the Rly Board’s letter No. 99/CE-I/CT/28 (PT) Dated 17.05.2004 even after the expiry of date of completion, original or extended as the case may be and the Railway will have all rights to recover the damages under clause 62 of the GCC in addition to any other rights available to it under the law for the failure on the part of the contractor” ( Ref. DRM(W)JBP`s No. JBP/W/R/T-14/ Date : 08.06.2006) Contractor 40 Correction Slip – 1 General Conditions of Contract (Works contracts) has been modified as per Rly.Board`s L.No. 2003/CE-I/CT/4/PT.I dated 12.5.2006 & CORRIGENDUM circulated vide Rly.Board`s L.No. 2003/CE-I/CT/4/PT.I dated 30.05.2006 as under :S.N. GCC Item No. 1. Earnest Money (REGULATION FOR TENDERS AND CONTRACTORS (CLAUSE 5) Revised The tenderer shall be required to deposit earnest money with the tender for the due performance with the stipulation to keep the offer open till such date as specified in the tender, under the conditions of tender. The earnest money shall be 2% of the estimated tender value as indicated in the Tender Notice. The earnest money shall be rounded to the nearest Rs. 10. This earnest money shall be applicable for all modes of tendering. b) & (c) :- No change. ( EMD : Modified vide Rly.Bd`s further letter No. 2003/CE-1/CT/4 Pt-I dated 7-12-06 ). (d) The practice of allowing Standing EMD is dispensed forthwith for all tenders. Therefore, Sub clause (d) stands deleted. 2) The Earnest Money should be in cash or in any of the following forms:(i) Deposit receipts, pay orders, demand drafts. These forms of earnest money could be either of the State Bank of India or of any of the nationalized banks. No confirmatory advice from the Reserve Bank of India will be necessary, 2. 16(1) Security Deposit (ii) Deposit receipts executed by the Scheduled Banks(other than the State Bank of India and the Nationalised Banks) approved by the Reserve Bank of India for this purpose. (Modified as per Rly’s Bd.`s letter no. 2003/C-1/CT/4/Pt-1 dated 23.01.08). b) DELETED. 1) The sentence “ in the form of Government Securities” stands deleted. 2) Unless otherwise specified in the special conditions, if any, the Security Deposit/rate of recovery/mode of recovery shall be as under:(a) Security Deposit for each work should be 5% of the contract value, (b) The rate of recovery should be at the rate of 10% of the bill amount till the full security deposit is recovered, (c) Security Deposits will be recovered only from the running bills of the contract and no other mode of collecting SD such as SD in the form of instruments like BG,FD etc. shall be accepted towards Security Deposit. The security deposit, however, shall be released only after the expiry of the maintenance period and after passing the final bill based on “No Claim Certificate”. (Modified as per Rly Bds letter No. 2007/CEI/CT/18 dated 28.09.07 3) No change. Contractor 41 S.N. 3. GCC Item No. Revised Clause The procedure for obtaining Performance Guarantee is outlined 16(4) to Indian below:Railway General Conditions of (a) The successful bidder shall have to submit a Performance Guarantee Contract (PG) within 30 (thirty) days from the date of issue of Letter of (Ref:- Item-I to Railway Baords letter no. 2007/CEI/CT/18 PT. XII dated 31.12.10) Clause 16(4)Performance Guarantee Acceptance (LOA). Extension of time for submission of PG beyond 30 (thirty) days and up to 60 days from the date of issue of LOA may be given by the Authority who is competent to sign the contract agreement. However, a panel interest of 15% per annum shall be charged for the delay beyond 30 (thirty) days, i.e. from 31st day after the date of issue of LOA. In case the contractor fails to submit the requisite PG even after 60 days from the date of issue of LOA, the contract shall be terminated duly forfeiting EMD and other dues, if any payable against that contract. The failed contractor shall be debarred from participating in re-tender for that work. (b) The successful bidder shall submit a Performance Guarantee (PG) in any of following forms, amounting to 5% of the contract value:(i) A deposit of cash; (ii) Irrevocable Bank Guarantee; (iii) Government Securities including State Loan Bonds at 5% below the market value; (iv) Deposit Receipts, Pay Orders, Demand Drafts and Guarantee Bonds. These forms of Performance Guarantee could be either of the State Bank of India or of any of the Nationalized Banks; (v) Guarantee Bonds executed or deposits receipts tendered by all schedule Banks; (vi) A deposit in the Post Office Saving Bank; (vii) A deposit in the National Saving Certificates; (viii) Twelve years National defence Certificates; (ix) Ten year Defence deposits; (x) National Defence Bonds and (xi) Unit Trust Certificates at 5% below market value or at the face value whichever is less. Also FDR in favour of FA&CAO (Free from any encumbrance) may be accepted. Note:- The instruments as listed above will also be acceptable for Guarantees in case of Mobilization advance. (c ) A Performance Guarantee shall be submitted by the successful bidder after the letter of acceptance(LOA) has been issued, but before signing of the contract agreement. This P.G. shall be initially valid up to the stipulated date of completion plus 60 days beyond that. In case, the time for completion of work gets extended, the contractor shall get the validity of P. G. extended to cover such extended time for completion of Contractor 42 work plus 60 days. (d) The value of PG to be submitted by the contractor will not change for variation up to 25% (either increase or decrease). In case during the course of execution, value of the contract increases by more than 25% of the original contact value an additional Performance Guarantee amounting to 5% (Five percent) for the excess value over the original contract value shall be deposited by the contractor. (e) The Performance Guarantee (PG) shall be released after physical completion of the work based on “Completion Certificate” issued by the competent authority stating that the contractor has completed the work in all respects satisfactorily. The security deposit, shall however, be released only after the expiry of the maintenance period and after passing the final bill based on “No Claim Certificate” from the contractor. (f) Whenever the contract is rescinded, the security deposit shall be forfeited and the Performance Guarantee shall be encashed. The balance work shall be got done independently without risk and cost of the failed contractor. The failed contractor shall be debarred from participating in the tender for executing the balance work. If the failed contractor is a JV or a partnership firm , then every member/ partner of such a firm shall be debarred from participating in the tender for the balance work either in his/ her individual capacity or as a partner of any other JV/ partnership firm. (g) The Engineer shall not make a claim under the Performance Guarantee except for amounts to which the President of India is entitled under the contract (not withstanding and/ or without prejudice to any other provisions in the contract agreement) in the event of : (i) Failure by the contractor to extend the validity of the Performance Guarantee as described herein above, in which event the Engineer may claim the full amount of the Performance Guarantee. (ii) Failure by the contactor to pay President of India any amount due, either as agreed by the contractor or determined under any of the clauses/conditions of the Agreement, within 30 days of the service of notice to this effect by Engineer. The contract being determined or rescinded under provision of the GCC, the Performance Guarantee shall be forfeited in full and shall be absolutely at the disposal of the President of India. 4. (a) Rescinding of contract-Risk & Cost Clause 5. Clause 51(3) No Change in sub-clauses (i) to (xiii) of GCC Clause 62. No Change in sub-clauses (B) (a) to (e) of GCC Clause 62. The sentence “ and adopt either or both of the following courses read with proviso (x) & (y) stands deleted in GCC clause 62 (2) (a) & (b) :- No change. The following line is added at the end of sub clause (2) ( c):The legitimate amount due to the contractor after making necessary deductions and certified by the Engineer should be released expeditiously. Sub-clause 2(d) is deleted. Deleted. Deleted since it is already covered under the revised Security Deposit clause 16(1). Contractor 43 Correction Slip -2 PRICE VARIATION CLAUSE 1. Amendement to PVC clause in works contract:- In supersession to all previous instructions regarding PVC , the Railway Board has issued a new Clause 46 A to I.R.`s General Conditions of Contract (G.C.C.) ‘ General Instructions ’ vide letter No. 2007/CE-I/CT /18 Pt. 19 dated 14.12.2012 and the same is applicable . The tenderers are required to read to clause before submitting tender . Price Variation Clause (PVC) shall be applicable for tenders of value Rs. 50 lakhs and more , irrespective of the contract completion period. GCC Clause 46-A. Price Variation Clause (PVC) : 46A.1 Price Variation Clause (PVC) shall be applicable only for tenders of value as prescribed by the Ministry of Railways through instructions/circulars issued from time to time and irrespective of the contract completion period. Materials supplied free of cost by Railway to the contractors shall fall outside the purview of Price Variation Clause. If, in any case, accepted offer includes some specific payment to be made to consultants or some materials supplied by Railway free or at fixed rate, such payments shall be excluded from the gross value of the work for the purpose of payment/recovery of price variation. 46A.2 The Base Month for ‘Price Variation Clause’ shall be taken as month of opening of tender including extensions, if any, unless otherwise stated elsewhere. The quarter for applicability of PVC shall commence from the month following the month of opening of tender. The Price Variation shall be based on the average Price Index of the quarter under consideration. 46A.3 Rates accepted by Railway Administration shall hold good till completion of work and no additional individual claim shall be admissible on account of fluctuations in market rates, increase in taxes/any other levies/tolls etc. except that payment/recovery for overall market situation shall be made as per Price Variation Clause given hereunder. 46A.4 Adjustment for variation in prices of material, labour, fuel, explosives, detonators, steel, concreting, ferrous, non-ferrous, insulators, zinc and cement shall be determined in the manner prescribed. 46A.5 Components of various items in a contract on which variation in prices be admissible, shall be Material, Labour, Fuel, Explosives, Detonators, Steel, Cement, Concreting, Ferrous, Non-ferrous, Insulator, Zinc, Erection etc. However, for fixed components, no price variation shall be admissible. 46A.6 The percentages of labour component, material component, fuel component etc. in various types of Engineering Works shall be as under : Component Percentage Component Percentage (A) Earthwork Contracts : Labour Component 50% Other Material Components 15% Fuel Component 20% Fixed Component * 15% (B) Ballast and Quarry Products Contracts : Labour Component 55% Other Material Components 15% Fuel Component 15% Fixed Component * 15% Contractor 44 (C) Tunnelling Contracts : Labour Component 45% Detonators Component 5% Fuel Component 15% Other Material Components 5% Explosive Component 15% Fixed Component * 15% Labour Component 30% Fuel Component 15% Material Component 40% Fixed Component * 15% (D) Other Works Contracts : * It shall not be considered for any price variation. 46A.7 The Amount of variation in prices in several components (labour material etc.) shall be worked out by the following formulae : (i) L = R x (I-Io) x P Io (ii) 100 M = R x (W-Wo) x Q Wo (iii) U = R x (F-Fo) x Z Fo (iv) 100 X = R x (E-Eo) x S Eo (v) 100 100 N = R x (D-Do) x T Do (vi) 100 Ms = O x (Bs-Bso) (vii) Mc = A x (Wc-Wco)/Wco For Railway Electrification Works : (viii) (ix) (x) (xi) (xii) Mcc = [(C-Co)/Co x 0.4136] x G Mf = [(Sf-Sfo)/Sfo + (Z-Zo)/Zo x 0.06] x H Mnf = [(Cu-Cuo)/Cuo] x J Mz = [(Z-Zo)/Zo] x W MIN = [(In – Ino)/In] x 85 Where, L M U X N Ms Mc Mcc Mf Mnf Mz MIN Amount of price variation in Labour Amount of price variation in Materials Amount of price variation in Fuel Amount of price variation in Explosives Amount of price variation in Detonators Amount of price variation in Steel Amount of price variation in Cement Amount of price variation in Concreting Amount of price variation in Ferrous Amount of price variation in Non-Ferrous Amount of price variation in Zinc Amount of price variation in Insulator Contractor 45 O Weight of steel in tonnes supplied by the contractor as per the ‘on-account’ bill for the month under consideration R Gross value of work done by contractor as per on-account bill(s) excluding cost of materials supplied by Railway at fixed price minus the price values of cement & steel. This will also exclude specific payment, if any, to be made to the consultants engaged by contractors (such payment shall be indicated in the contractor’s offer) (Rly.Bd`s L. dt. 07.05.2013) A Value of Cement supplied by Contractor as per on account bill in the quarter under consideration Io Consumer Price Index Number for Industrial Workers - All India - Published in R.B.I. Bulletin for the base period I Consumer Price Index Number for Industrial Workers - All India - Published in R.B.I. Bulletin for the average price index of the 3 months of the quarter under consideration Wo Index Number of Wholesale Prices – By Groups and Sub-Groups – All commodities – as published in the R.B.I. Bulletin for the base period W Index Number of Wholesale Prices – By Groups and Sub- Groups – All commodities – as published in the R.B.I. Bulletin for the average price index of the 3 months of the quarter under consideration Fo Index Number of Wholesale Prices – By Groups and Sub-Groups for Fuel, Power, Light and Lubricants as published in the R.B.I. Bulletin for the base period F Index Number of Wholesale Prices – By Groups and Sub-Groups for Fuel, Power, Light and Lubricants as published in the R.B.I. Bulletin for the average price index of the 3 months of the quarter under consideration Eo Cost of explosives as fixed by DGS&D in the relevant rate contract of the firm from whom purchases of explosives are made by the contractor for the base period E Cost of explosives as fixed by DGS&D in the relevant rate contract of the firm from whom purchases of explosives are made by the contractor for the average price index of the 3 months of the quarter under consideration Do Cost of detonators as fixed by DGS&D in the relevant rate contract of the firm from whom purchases of detonators are made by the contractor for the base period D Cost of detonators as fixed by DGS&D in the relevant rate contract of the firm from whom purchases of detonators are made by the contractor for the average price index of the 3 months of the quarter under consideration Bs SAIL’s (Steel Authority of India Limited) ex-works price plus Excise Duty thereof (in rupees per tonne) for the relevant category of steel supplied by the contractor as prevailing on the first day of the month in which the steel was purchased by the contractor (or) as prevailing on the first day of the month in which steel was brought to the site by the contractor whichever is lower Bso SAIL’s ex-works price plus Excise Duty thereof (in Rs. per tonne) for the relevant category of steel supplied by the contractor as prevailing on the first day of the month in which the tender was opened Wco Index No. of Wholesale Price of sub-group (of Cement) as published in RBI Bulletin for the base period Wc Index No. of Wholesale Price of sub-group (of Cement) as published in RBI Bulletin for the average price index of the 3 months of the quarter under consideration C RBI wholesale price index for cement for the month which is six months prior to date of casting of foundation Co RBI wholesale price index for cement for the month which is one month prior to date of opening of tender Z IEEMA price for Zinc for the month which is two months prior to date of inspection of material Zo IEEMA price for Zinc for the month which is one month prior to date of opening of tender Cu IEEMA price for Copper wire bar for the month which is two months prior to date of inspection of material. Contractor 46 Cuo IEEMA price for Copper wire bar for the month which is one month prior to date of opening of tender. Sf IEEMA price index for Iron & Steel for the month which is two months prior to date of inspection of material. Sfo IEEMA price index for Iron & Steel for the month which is one month prior to date of opening of tender. In RBI wholesale price index for Structural Clay Products for the month which is two months prior to date of inspection of material Ino RBI wholesale price index for Structural Clay Products for the month which is one month prior to date of opening of tender P % of Labour component Q % of Material component Z % of Fuel component S % of Explosive component T % of Detonators component G % of Concreting Component H % of Ferrous Component J % of Non-Ferrous Component W % of Zinc Component 46A.8 The demands for escalation of cost shall be allowed on the basis of provisional indices made available by Reserve Bank of India. Any adjustment needed to be done based on the finally published indices shall be made as and when they become available. 46A.9 Relevant categories of steel for the purpose of operating Price Variation formula, as mentioned in this Clause, based on SAIL’s ex-works price plus Excise Duty thereof, shall be as under : SL Category Of Steel Supplied In Railway Work 1 Reinforcement bars and other rounds TMT 8mm IS 1786 Fe 415/Fe 500 2. All types and sizes of angles Angle 65 x 65 x 6 mm IS 2062 E250A SK 3. All types and sizes of plates PM Plates above 10-20 mm IS 2062 E250A SK 4. All types and sizes of channels and joists Channels 200 x 75 mm IS 2062 E250A SK 5. Any other section of steel not covered in the above categories and excluding HTS Average of price for the 3 categories covered under SL 1, 2 & 3 above Category Of Steel Produced By SAIL Whose Ex-Works Price Plus Excise Duty Would Be Adopted To Determine Price Variation 46A.10 Price Variation During Extended Period Of Contract The price adjustment as worked out above, i.e. either increase or decrease shall be applicable upto the stipulated date of completion of work including the extended period of completion where such extension has been granted under Clause 17-A of the General Conditions of Contract. However, where extension of time has been granted due to contractor’s failure under Clause 17B of the General Conditions of Contract, price adjustment shall be done as follows : (a) In case the indices increase above the indices applicable to the last month of original completion period or the extended period under Clause 17-A, the price adjustment for the period of extension granted under Clause 17-B shall be limited to the amount payable as per the Indices applicable to the last month of the original completion period or the extended period under Clause 17-A of the General Conditions of Contract; as the case may be. Contractor 47 (b) In case the indices fall below the indices applicable to the last month of original/ extended period of completion under Clause 17-A, as the case may be; then the lower indices shall be adopted for the price adjustment for the period of extension under Clause 17-B of the General Conditions of Contract. {Authority : Railway Board’s letters no. 2007/CE-I/CT/18/Pt.19, dated 14.12.12 .& 07.5.2013} 2. Earnest Money Deposit (EMD):The rules concerning Earnest Money Deposit modified vide Board`s letter No. 2003/CE-I/CT/4 Pt-I dated 12/16.5.06 (item (i) of the Annexure ) and letter No. 2003/CE-I/CT/4 Pt-I dated 7-12-06 are further amended as under:Value of the work (Tender Value) For works estimated to cost upto Rs.1 crore. For works estimated to cost more than Rs.1 crore. EMD 2% of the estimated cost of the work. 2 lakhs plus ½% ( half percent) of the excess of estimated cost of work beyond Rs. 1 crore subject to a maximum of Rs. 1 crore. 3. Interest Rate for Advances extended by Railways:The extant interest rate for advances extended by Railways to contractors fixed at 18% vide Board`s letter No. 90/CE-I/CT/I dated 21.5.97 and advance correction slip issued under Board`s letter No.F(X)II-97/PW/4 dated 5.5.98 has since been reviewed by Board and the same has now been downwardly revised as 14%. 4.Solvency Certificate:- In partial modification to para 2.3.4.1 of Annexure-1 of Board`s letter No. 94/CEI/CT/4 dated 17-10-2002 , the requirement of Revenue/ Banker Solvency Certificate as one of the minimum eligibility criteria (vide item (i) of the table under para 2.3.4.1 of the above referred Board`s letter) stands deleted. However, the Tender Committee shall still examine the overall financial soundness of the tenderers based upon the volume of work handled, turn over, balance sheet etc. 5. Imposition of token penalty for delay in the completion of work:- The existing clause 17(B) of GCC provides for recovery of liquidated damages from the contractor for delay in completion of work. It has now been decided that the competent authority while granting extension to the currency of contract under clause 17(B) of GCC may also consider levy of token penalty as deemed fit based on the merit of the case. 6) Change in inter-se-position :“ Due to quantity variation if there is change in inter se position as compared to other valid offers, the vitiated amount will be recovered from the Contractor. 7) Conservancy Cess Charges: Railway Contracts : Engg. Works Contractors :i) For contractors labour employed /residing at stations & in colonies where Railway sanitary facilities exists. Contractor(s) shall be required to pay cess charges as per rules enforce on the railway from time to time. ii) For labour working in between station or at isolated places where railway facilities do not exist, the contractor shall be required to provide necessary facilities for their labour in terms of clause 59(4) of the General conditions of contract. Contractor 48 iii) In case of any failure on his / their part the necessary facilities shall be provided by the Railways administration at the cost of contractors and expenditure thus incurred along with cess charges will be recovered from his / their bill. (Ref.:Rly.Bd`s L. No. F(X)I-95/1/1 dt. 31/01/2007. DRM(P)JBP`s L. No. JBP/P.Engg/Conservancy Cess Charges/ dt. 02-03-2007.) (iv) Rate of recovery of Conservancy charges have been revised by Railway Board vide Letter No. F(X)I/95/1/1 Dated 16.07.2012 and the same are applicable. 8) Arbitration :- The provision of clause 63 and 64 of the General Conditions of Contract will be applicable only for settlement of claims or disputes between the parties for values less than or equal to 20% of the value of the contract. (Ref.: CE(G)JBP`s L.No.W-HQ/WG/ARB/29-V / dt. 04-08-06) 9) Exemption of Railway PSUs from submission of Performance Guarantee in lieu of Risk Action:a) Whenever the Railway PSUs are awarded works contracts by Railways, on Single Tender basis, the Railway may exempt them from the requirement of submitting Performance Guarantee. In the event of failure of the Railway PSU to successfully execute the contract as per terms & conditions laid down in the agreement, a penalty equivalent to 5% of the original value of contract would be levied. b) If Railway PSUs are awarded contracts through competitive bidding ( Open tender, Special Limited Tender etc.) , the normal rule regarding submission of Performance Guarantee as applicable to other tenderers will be applicable to these PSUs also to ensure a level playing field. (Ref.:-Rly.Bd`s L. No.2001/CE-I/CT/19 Dt.14.9.2007. CE(G)JBP`s L. No.W-HQ/WG/Works Policy/ 01 dt. 11.10.2007.; T-14/ Pt.25/293) 10. Eligibility Criteria for Finalizing Tenders:Ref:- Para-2.3.4.1 of the recommendations of the committee of Shri B.S. Sudhir Chandra – Railway Boards Letter no. 94/CE-I/CT/4 dated 17.10.02 modified vide Board’s letter no. 2008/CEI/CT/Con/7(PCE/GM) dated 15.12.208. The minimum tender value limit of ` 20.00 lakhs for incorporating eligibility Criteria is increased to ` 50 lakhs. 11. Implementation of the – The Building and other construction workers (RECS) Act, 1996 and the building and Other Construction Workers Welfare Cess Act 1996 in Railway Contracts:“The tenderer for carrying out any construction work in Madhya Pradesh must get themselves registered from the Registering Officer under section 7 of the Building and Other Construction Workers Act, 1996 and rules made thereto by Madhya Pradesh Govt. and submit certificate of Registration issued from the Registering Officer of the Madhya Pradesh Govt. (Labour Deptt.). For enactment of this Act, the tenderer shall be required to pay cess @ 1% of cess of construction work to be deducted from each bill. Cost of material shall be outside the purview of cess, when supplied under a separate schedule item”. (Railway Board’s letter No. 2008/CE-I/CT/6 dated 09.07 Contractor 49 12. Two Packets System of Tendering - Finalization of Works Tenders. :- Railway Board , New Delhi , vide letter No. 94/CE-I/CT/4 Pt.17 dated 13.08.2012 , has introduced a new Clause No. 7A to Part –I of I.R.`s existing General Conditions of Contract (G.C.C.) on “Two Packets System” of tendering for all works contract . For all works contract tenders valuing more than Rs.10 Crore, ‘Two Packets System” shall mandararily be followed , except in cases where it is decided by an executive officer not below HAG level for reasons to be recorded in writing and with the concurrence of FA&CAO that it would be advantageous to follow “ Single Packet System”. 13. Participation of Joint Venuture Firms in Works Tenders on Indian Railway:Railway Board , New Delhi , vide letter No. 2002/CE-I /CT/ 37 JV Pt. VIII dated 14.12.2012 , has modified G.C.C. Clause 65 . “Joint Venture Firms ”shall now be applicable to the works tenders of value more than Rs.10 Crore (Rupees Ten crore only ). The tenderers are required to read all the GCC Clause before submitting tenders. 14. Employees Provident Fund & Miscellaneous Provisions Act, 1952 : - A new clause 55-B has been added in the General Conditions of Contract by the Railway Board vide L.No. 2012/CEI /CT/O/22 dated 14.12.2012 . The tenderers are required to read and comply with the provision Employees Provident Fund & Miscellaneous Provisions Act, 1952. 15.Acceptance of Bank Guarantee: ( Rly. Bd.`s L. No. 2008/RS(G) 779/2 dated 19.9.2012 ):It is insisted upon the contractors that Bank Guarantee to be submitted by them should be sent to this office by the issuing Bank under Registered Post A.D. In exceptional cases, where the B.Gs. are received through the Contractors, the issuing branch will be requested to immediately send by Registered Post A.D. an unstamped duplicate copy of the Bank Guarantee directly to this Office with a covering letter to compare with the original B.G. and to confirm that it is in order. In view of prevalent practice of sending document by speed post and courier service, the Rly. Bd has been decided to accept ‘ Speed Post ’ and ‘ Courier Service ’ also as an acceptable method for receipt of Bank Guarantees / Confirmation of Bank Guarantees in addition to Registered Post A.D. 16. To quote single percentage rate by contractor on departmental Rates:- Tenderers are requested to quote single percentagerate above / below/ at par over the departmental rates . If single percentage above/below/at par departmental rates is not quoted or various rates against various item is quoted, then the tender shall be summarily rejected. ( Ref.:- PCE WCR JBP's letter No. W-HQ/PCE/Instructions dated 06.05.2013 ). 17. Display Boards: - Contractors should provide display boards at work sites of passenger amenities and staff amenities having following information :1.) Name of Work ; (2) Date of commencement of work ; (3) Likely date of completion; (4) Name of contractor ; (5) Authority to supervise the work ; (6) Value of work. (Ref.: CPDE WCR JBP`s L. No. W-HQ/WG/Withholding amt/SEM/33/IV dt. 02.08.13 ) 18.Arbitration :- General Conditions of Contract 2013 Clause No. 64 (3) (a) (i) has been amended by Railway Board , vide letter No. 2012/CE-I/CT/ARB/ 24 dated 22.10.2013 / 05.11.2013 as under:- Contractor 50 “ In cases where the total value of all claims in question added together does not exceed Rs.25,00,000/- (Rupees Twenty five lakh only ) , the Arbitral Tribunal shall consist of a Sole Arbitrator who shall be a gazetted officer of Railway not below JA grade nominated by the General Manager. The Sole Arbitrator shall be appointed within 60 days from the day when a written and valid demand for arbitration is received by GM. ” 19. Joint Venture: - General Conditions of Contract 2013 Clause No. 65.15.4 has been amended by Railway Board , vide letter No. 2002/CE-I/CT/37 JV Pt.III dated 05/14.11.2013 as under:“ All the Members of JV shall certify that they are not black listed or debarred by Railways or any other Ministry/ Department / PSU ( Public Sector Undertaking ) of the Govt. of India/ State Govt. from participation in tenders/ contract on the date of opening of bids either in their individual capacity or as a member of the JV firm in which they were/ are members. ” 20. General Conditions of Contract July 2013 has been issued by the Railway Board , New Delhi and the same is applicable to this tender / contract. ************* Contractor 51 West Central Railway Civil Engineering Department Tender Notice dt. 18.06.2014 The Divisional Railway Manager (Works), West Central Railway, Jabalpur, invites sealed Open tender, for and on behalf of the President of Union of India, for the work mentioned below. Tender Forms will be sold Up to 12.00 hrs. Up to the date of opening mentioned against the tender notice and the tender box will be sealed at 15.00 hrs. and will be opened at 15.15 hrs. on the same dayName of work Tender Earnest Money Period of Date of Cost of Notice Completion Opening Tender tender No. Value document Rs (nonrefundable) Construction of Limited Height Subways in lieu of manned LCs No. 103 at KM 1212/4-5 on Bina-Katni section by precast RCC box by cut & cover method with R.H. Girder under ADEN Katni Sub Division. Maintenance periodRs 159.42 Rs. 2,29,710 /5,000/01.08.14 11months 06 months or one monsoon Lakhs Excluding whichever is later. monsoon (Monsoon period from 16th of June to 15th of October) 63 /14 Note:Tender received by Registered post/ speed post will also be entertained provided that same should reach this office before 15.00 hrs. up to the due date of opening of the tender. However, the Railway will not be responsible for the postal delay in receiving tenders. The completed tender in sealed envelope indicating the tender notice No. and date of opening on top, should be addressed to Ch. O.S. (Rates), DRM (Works), DRM office, West Central Railway, Jabalpur (MP) PIN 482001. 2. a) If any plan / drawing is attached with the Tender Form, Rs. 200/- per plan / drawing will be levied extra (b) In case tender form is required to be sent by post an extra amount of Rs. 500/- must be sent and received in this office before ten days of the opening of the tender. (c) Cost of tender documents should be submitted in DD or Cash; and no money order, postal order or cheque will be acceptable towards cost of tender document. Offer containing tender document downloaded and paid through money order, postal order or cheque will not be considered and will be summarily rejected. 3. The FDRs for earnest money deposit submitted by tenderer should not be of a Gramin Bank. It should be from a Reserve Banks, Nationalized / Scheduled Banks. 4. The FDRs should be only in favour Sr.DFM, W.C.Rly. Jabalpur. 5. The tender documents duly filled can be dropped in the tender box in the office of DRM (W) Jabalpur on the date mentioned above. 6. If the date of opening happens to be holiday, the tender shall be opened on the next working day. 7. Tenderers are requested to please submit the documents for Minimum Eligibility Criteria/ Credential alongwith the tender documents . Documents submitted after opening of tender will not be entertained. 8. If at any stage any document submitted by the tenderer in connection with the MEC or any other purpose is found false or faked, Railway administration will not be responsible in any way for the loss suffered by tenderer / contractor due to action taken against him as a consequence of the same. Any legal action, administrative / financial decision or all taken by Railway in this regard will be final and binding Upon the Contractor/ Tenderer. 9. Tender box will be kept ready at least 10 days before the last date of receipt of the tender. 1. Contractor 52 10. Offer of tenderer shall remain valid for a period of 120 days from the date of opening. 11 Condition with respect to shorter period of validity of tender i.e less than 120 days shall not be accepted. 12. Tenderers are requested to note the revised General Conditions of contract July 2013 , upto correction slip No. 6 circulated by Railway Board vide letter No. 2007/CE-I/CT/18/(Pt.13 dated02.05.2014. 13 The tenderer for carrying out any construction work in Madhya Pradesh must that themselves registered from registering officer under section 7 of the Building and other construction workers act – 1996 and Rules made there to by the Madhya Pradesh Government and submit certificate of registration issued fr0m the registering officer of the Madhya Pradesh Government (Labour Department). For enactment of this act the tenderer shall be required to pay cess @ 1% of cost of construction work to be deducted from each bill. Cost of material shall be out side the preview of cess, when supplied under a separate schedule item. The Minimum Eligibility Criteria for open tender above Rs. 50 lakhs is as under:Only those firms, which in their individual capacity, fulfilling the following criteria, need to quote for this tender. 1. Should have completed in the = At least one similar single work for a minimum value of 35% of last three financial years (i.e. advertised tender value of work. Similar work for Tender notice current year and three previous No. 63/14 means “Construction/Rehabilitation of any type of financial years). Bridge or any RCC work.” 2. Total contract amount received = Should be a minimum of 150% of advertised tender value of during the last three financial work. years and in the current financial year. Note: 1. The contractor / firm should submit either:a) Certificate from the government employer; OR b) Audited balance sheet of the company duly certified by a chartered account; OR c) A copy of the return filed with I.T. Department duly certified by C.A. in support of his claim. d) “Total contractual amount received, during the last three financial years and in the current financial year, should be a minimum of 150% of advertised tender value as per audited balance sheet duly certified by the Chartered Accountant. For the last financial year ended and / or the current financial year if audited balance sheet is not available contractual amount received duly certified by the Chartered Accountant should be submitted as a proof of turnover. Alternatively at least payment certificates from Central Govt./ State Govt. Central P.S.Us/ State P.S.Us and other Government Agencies for minimum of 150% of advertised tender value may be submitted” 2. Apart from the above information the following documents should be submitted along with the tender:- a) List of personnel, organization. (b) List of plant and machinery. (c) List of works completed, organization for whom executed, approximate value of contract, date of award and date of completion, (d) List of works on hand indicating description of work, contract value, balance work etc . Tender documents are also available on our website www.wcr.indianrailways.gov.in In case if tender document is down loaded from website, it must accompany with cost of tender form as mentioned in the above table. Without cost of tender form, the offer shall not be considered. The tenderer, who down load the tender documents from website, will be responsible for checking the corrigendum , if any issued by the Rly., on the website from time to time and submit the tender accordingly. Contractor 53 Schedule of rates and quantities for Construction of Limited Height Subway in lieu of manned LCs No. 103 at KM 1212/4-5, on BIN-KTE section by Precast RCC box by cut & cover method with R.H. Girder under ADEN Katni Sub Division. S.N. Item No. 011010 Description of Item Sch. Qty. Unit Rates in Fig. (`) Rates in words (`) Amount (`) Part- A Earth work in excavation as per approved drawings and dumping at embankment site or spoil heap, within railway land, including 50m lead and 1.5m lift, the lead to be measured from the centre of gravity of excavation to centre of gravity of spoil heap: the lift to be measured from natural ground level and paid for in layers of 1.5m each, including incidental work, as per specifications-in All kinds of soils 2400 cum 82.76 Rs. Eighty two and paise seventy six only. 198624.00 94200.00 1 011011 2 011030 Extra over items 011010 for spreading and finishing of fill material on embankment by manual means in accordance with specifications 1000 cum 94.20 Rs. Ninty four and paise twenty only. 3 011040 Extra for manual compaction of earthwork, where permitted, with rammers 1000 cum 5.71 Rs. Five and paise seventy one only. 5710.00 4 011051 for every 50 m or part thereof - lead over 50m and upto 150m 500 cum 11.09 5545.00 5 011070 Extra for every additional lift of 1.5m or part thereof, after the initial 1.5m, for earth work in all soils Earthwork in cutting (Classified) in formation, trolley refuges, side drains, level crossing approaches, platforms, catch water drains, diversion of nallah & finishing to required dimension and slopes to obtain a neat appearance to standard profile inclusive of all labour, machine and materials and removing & leading all cut spoils either to make spoil dumps beyond 10m. from cutting edge or for filling in embankment with all leads within the section limit, lifts, ascent, descent, loading, unloading, all taxes/royalty, clearance of site and all incidental charges, bailing & pumping out water if required, etc., complete as per directions of the Engineer-in-Charge. The work is to be executed as per Latest / updated edition of "Guidelines for Earthwork in Railway Projects" issued by RDSO, Lucknow. Cut trees shall be property of Railways and to be deposited in the railway godown unless specified otherwise in the Special conditions of contract In all conditions and classifications of soil except rock 1000 cum 8.29 Rs. Eleven and paise Nine only. Rs. Eight and paise twenty nine only. 1120.00 cum 126.04 Rs. One hundred twenty six and paise four only. 10.00 Cum 608.14 Rs. Six hundred eight and paise fourteen only. 013110 6 013111 7 181030 Contractor Demolishing R.C.C. work including cutting and stacking of steel bars and disposal of unserviceable material within 50m lead. (Extra payment for scraping, cleaning and straightening of bars to be made separately) 8290.00 141164.80 6081.40 54 192010 8 192011 Earth work in excavation for foundations and floors of the bridges, retaining walls etc., including setting out, dressing of sides, ramming of bottom, getting out the excavated material, back filling in layers with approved material and consolidation of the layers by ramming and watering etc. incl. all lift, disposal of surplus soil upto a lead of 300 M, all types of shoring and strutting with all labour and material complete as per drawing and technical specification as directed by Engineer in charge All kinds of soils 9 192012 Ordinary rock 800 10 012040 Filling, watering and ramming earth. 240 cum 18.30 11 231010 Preparation of subgrade by excavating earth upto 22.5cm depth, dressing to camber and consolidating with power road roller of 8 to 12 tonne capacity including making good the undulations etc. and disposal of surplus earth with lead upto 50 metres 1750 Sqm 38.01 231040 Providing and laying water bound macadam with specified stone aggregate, stone screening and binding material including screening, sorting, spreading to template and consolidation with power road roller of 8 to 10 tonne capacity etc. complete. 12 231041 Sub-base with stone aggregate 90mm to 45mm including stone screening 13.2mm size 525 cum 13 231042 350 14 231043 Base course with 63mm to 45mm size including stone screening 13.2mm size Base course with 53mm to 22.4mm size including stone screening 11.2mm size 15 231070 Providing and laying 4 cm thick moorum surfacing (Consolidated Thickness) on platforms, pathways, etc including spreading watering and consolidation with 3 T Roller or light power roller complete 238020 Providing and laying Dense Bituminous concrete on prepared surface with specified graded stone aggregate for wearing course, mixing of bitumen, filler & stone aggregate in hot mix plant, transporting the mixed material and laying with mechanical paver finisher fitted with electronic sensing device to the required level and grade and rolling with road rollers, as per specification, to achieve the desired density and compaction but excluding cost of primer / tack coat Contractor 1320 cum Rs. Two hundred fifteen and paise thirty eight only. Rs. Two hundred sixteen and paise fifty five only. Rs. Eighteen and paise thirty only. Rs. Thirty eight and paise one only. 284301.60 852.70 Rs. Eight hundred fifty two and paise seventy only. 447667.50 cum 886.05 310117.50 350 cum 881.98 1750 Sqm 19.48 Rs. Eight hundred eighty six and paise five only. Rs. Eight hundred eighty one and paise ninty eight only. Rs. Ninteen and paise forty eight only. cum 215.38 216.55 173240.00 4392.00 66517.50 308693.00 34090.00 55 16 238021 40 mm / 50mm compacted thickness with bitumen of grade 60/70 @ 6.5% and lime @ 3% by weight of total mix 70 cum 7656.94 Rs. Seven thousand six hundred fifty six and Ps. Ninety four only. 535985.80 17 222290 Providing Boulder backing behind wing wall, return wall, retaining wall with hand packed boulders & cobbles with smaller size boulders toward the back including all lead, lift, labour & other incidental charges as complete work in all respect. Payment for boulder/cobbles will be done extra 144 cum 133.62 Rs. One hundred thirty three and paise sixty two only. 19241.28 18 252390 Stone Boulder Weighing minimum 35 Kg Each 144 cum 431.25 Rs. Four hundred thirty one and paise twenty five only. 62100.00 19 222030 100 cum 538.48 Rs. Five hundred thirty eight and paise forty eight only. 53848.00 20 116070 920 Sqm 83.87 Rs.Eighty three and paise eighty seven only. 77160.40 21 222160 Supply and laying of quarry dust including consolidation, supply of all materials, labour, lead, lift, tools, plants, crossing of tracks as per drawing and technical specification as directed by the Engineer incharge in case loose slush is encountered at site of foundation before casting the foundation or before laying the filtering media Finishing with Epoxy paint (two or more coats) at all locations prepared and applied as per manufacturer's specifications including appropriate priming coat, preparation of surface, etc. complete on concrete work Providing weep holes by making suitable opening or drilling in existing Brick masonry/Plain/ Reinforced concrete abutment, wing wall/ return wall with 100 mm dia AC pipe, extending through the full width of the structure complete 80.00 metre 213.74 Rs. Two hundred thirteen and paise seventy four only. 17099.20 22 123010 Painting, one coat , any shade as directed of approved make and brand a) Trusses upto 9m clear span and b) Staging with O.H. tank where staging is upto 2.5m in height 123024 With Aluminium paint as per IS:2339. 200 Sqm 26.23 Rs. Twenty six and paise twenty three only. 081030 7000 Kg 75.93 Rs.Seventy five and paise ninty three only. 531510.00 5246.00 23 081031 Structural steel work welded in built up sections, trusses and framed work, girders, stagings, racks, etc including cutting, bending, straightening, hoisting, fixing in position, including applying a priming coat of approved steel primer, complete - upto 6m height above GL In RSJ, tees, angles and channels 24 081032 In flats, plates , round or square bars 1000 Kg 73.26 Rs.Seventy three and paise twenty six only. 73260.00 195030 Centring and shuttering including strutting, propping etc. and removal of form for : Abutment, pier,wing walls and return wall 780 Sqm 179.30 Rs. One hundred seventy nine and paise thirty only. 139854.00 25 195032 Contractor 56 26 195038 In Bottom/top slab, side walls, toe wall and sumps haunch filling head walls or any other component 675 Sqm 179.30 Rs. One hundred seventy nine and paise thirty only. 27 021170 25 MT 129.66 Rs. One hundred twenty nine and paise sixty six only. 28 021171 2500 MT/Km 6.31 29 021172 Leading miscellaneous materials such as iron work, rails, pipes, wooden logs, stones over pitching stone size, RCC/PCC beams / slabs etc. and all similar articles (each individual article or bundle being more than 3.5 metres long in the longest direction) by truck, trailor, etc including all loading, unloading and stacking, lead over 500m and upto 10 km. Note : Lead under this item is payable when the same exceeds 500m. Additional lead for every subsequent km or part thereof, over 10 km and upto 100 km over item no. 021170 Additional lead for every subsequent km or part thereof, over 100 km and upto 400 km over item nos. 021170 &.021171 5000 MT/Km 4.75 add 27% 30 192030 31 236010 043010 32 043015 041010 Contractor Part- B Providing and laying Plain Cement Concrete 1:3:6 with graded stone aggregate of 40 mm nominal size, in foundation and floors, retaining walls of bridges including mechanical mixing, vibrating, pumping and bailing out water where ever required with all materials and labour complete but excluding the cost of cement and shuttering as per drawings and technical specifications as directed by Engineer Cement concrete Grade M15 of coarse aggregate 40mm nominal size, in pavements, laid to required slope and camber in panels as required including consolidation finishing and tamping complete Providing, hoisting and fixing in position upto floor two level M20 Grade precast RCC work including setting in cement mortar 1:3 (1 cement : 3 coarse sand) and finishing smooth with 6mm thick cement plaster 1:3 (1 cement : 3 fine sand) on exposed surfaces complete including cost of centering, shuttering, finishing, Admixtures in recommended proportion (as per IS:9103) to accelerate, retard setting of concrete, improve workability without impairing strength and durability, excluding cost of cement and steel reinforcement, as per approved plan & direction of Engineer incharge. In slabs for drain covers, manhole covers, flue tops etc. Providing and laying in position M 20 Grade concrete for reinforced concrete structural elements but excluding cost of centering, shuttering, reinforcement and Admixtures in recommended proportion (as per IS:9103) to accelerate, retard setting of concrete, improve workability Rs. Six and paise thirty one only. Rs. Four and paise seventy five only. Total Part-A (Sch. Value} Total Estimated value Part-A 121027.50 3241.50 15775.00 23750.00 3767732.98 4785020.88 175 cum 1218.00 Rs. One thousand two hundred eighteen only. 213150.00 210 cum 1402.32 Rs. One thousand four hundred two and paise thirty two only. 294487.20 5 cum 2377.67 Rs. Two thousand three hundred seventy seven and Ps. Sixty seven only. 11888.35 57 without impairing strength and durability as per direction of Engineer in charge 33 041011 All work upto plinth level, including raft foundation of washable aprons, HS tank, pile cap, footings of FOB, and Platform shelter etc. 042010 Centering and shuttering including strutting, propping etc. and removal of form for : Foundations, footings, bases of columns, raft foundation of washable aprons, Pile caps, Footings of FOB etc. Providing and laying in position machine mixed, machine vibrated and machine batched Design Mix Cement Concrete M35 grade (Cast - in Situ) In Bottom/top slab, side walls, toe wall and sumps haunch filling head walls or any other component using 20 mm graded crushed stone aggregate and coarse sand of approved quality of cast-in-situ RCC box of size upto 5 M (bigger inside dimension) including finishing, Admixtures in recommended proportions (as per IS 9103), if approved in Mix design, to accelerate, retard setting of concrete, improve workability without impairing strength and durability, complete as per drawings and technical specifications as directed by Engineer in charge. Payment for cement, reinforcement and shuttering shall be paid extra Providing and laying in position machine mixed, machine vibrated and machine batched Design Mix Cement Concrete M35 grade (Cast - in Situ) using 20 mm graded crushed stone aggregate and coarse sand of approved quality for the following Reinforced cement concrete structural elements up to height of 10 M from foundation top level, including finishing, Using Admixtures in recommended proportions ( as per IS 9103), if approved in Mix design to accelerate or retard setting of concrete and/or improve workability without impairing strength and durability complete as per specifications and direction of the Engineer in charge. Payment for cement, reinforcement and shuttering shall be paid extra Wing wall and Return wall 34 042011 35 194010 192060 36 192062 25 cum 1773.10 Rs.One thousand seven hundred seventy three and Ps. ten only. 44327.50 160 Sqm 111.50 17840.00 190 cum 1476.63 Rs. One hundred eleven and paise fifty only. Rs. One thousand four hundred seventy six and Ps. Sixty three only. 320.00 cum 1624.29 add 108.7% Part- C Contractor Total Estimated value Part-B 280559.70 Rs. One thousand six hundred twenty four and Ps. Twenty nine only. 519772.80 Total Part-B(Sch. Value} 1382025.55 2884287.32 58 37 142040 Providing and laying non-pressure NP3 class (medium duty ) R.C.C. pipes including bends etc with collars jointed with stiff mixture of cement mortar in the proportion of 1:2 (1cement: 2fine sand) including testing of joints etc. complete up to 800mm dia. 142041 600mm dia. R.C.C. pipe 290.00 metre 1088.74 add 78.04% 38 39 033060 033063 Part-D Supply and using cement at worksite : PPC 045010 Supplying Reinforcement for R.C.C. work including straightening, cutting, bending, placing in position and binding all complete. 045016 Thermo-Mechanically Treated bars NS-1 41 NS-2 Part- E Launching of railway's relieving girder of overall length from 12 to 22 metre after removing track, ballast, excavation earth on properly prepared wooden / cc cribs supports as per the approved scheme of launching, Railway drawing and specifications, by contractor's own tools, plants, machineries, labour, equipments etc. The work includes fixing of track i.e. wooden sleepers and rails to railway specifications and standards on the relieving girder and necessary adjustments in the longitudinal and cross levels after insertion of the relieving girder in track to maintain safety of trains on the relieving girder and its approaches. Delaunching of Railway's 12.00 to 22.00 m long reliving girder from bridges and stacking at bridge approach with contractor's labour, trailer, cranes, derricks, tools and plants, equipments, consumables etc. complete as per specifications, special conditions and detailed scope of work furnished in the tender and as directed by the Engineer in charge. Note: 1. Dismantling of the overlaying track shall be paid through other relevant item. 2. Each girder consists of two cross braced leaves. Contractor 315734.60 562133.88 Tonne 5198.00 Rs. Five thousand one hundred ninty eight only. 1684152.00 56000 Kg 47.58 Rs. Forty seven and paise fifty eight only. 2664480.00 Total Part-D (Sch. Value} 4348632.00 5740194.24 Total Estimated value Part-D 1 Each 156237.40 Rs. One lakh fifty six thousand two hundred thirty seven and paise forty only. 156237.40 1 Each 48598.45 Rs. Forty eight thousand five hundred ninty eight and paise forty five only. 48598.45 Total Part-E (Sch. Value} 204835.85 256413.52 add25.18% Part- F 315734.60 324 add 32% 40 Rs. One thousand eighty eight and Ps. Seventy four only. Total Part-C(Sch. Value} Total Estimated value Part-C Total Estimated value Part-E 59 42 NS-3 Excavation by mechanical means such as poclain/Hitachi/JCB/Jack hammer with compressure in case of rocky strata for insertion of precast segments of various sizes under existing track in all types of soil mixed with ballast, boulders etc.whatsoever met with comlete and disposal of excavated material by spreading on the cess and make up slope of bank etc.as directed by Engineer at site up to 200m lead and all lift on either side of bridge . 2 Each 43 NS-4 Removing of existing track including removing rails sleepers and ballast up to 13 M length on either side of bridge filling ballast in cane baskets with all contractor's materials tools plants and labours. This work to be carried out during traffic block track assembly including sleepers to be lifted by crane and placed on side of track as directed by Engineer-in-charge including all lead and lift. 40 m 71.00 Rs. Seventy one only. 2840.00 44 NS-5 Laying of assembled track on newly laid boxes up to 13M on either side of bridge with the help of crane including filling of ballast, lifting, packing, aligning, leveling and jointing with Rly's fastenings, track etc. to meet out longitudional alignment level of approaches to make track fit for 20 KMPH .as directed by Engineer-in-charge. 40 m 118.70 Rs. One hundred eighteen and paise seventy only. 4748.00 45 NS-6 Placement of Precast RCC sgmental box with the help of road crane at desired location carefully to the line level and alignment by pulling/ lifting method during traffic and power block preparation of surface,filling Rly's sand uniformly 10mm thick, fixing Rly's 32mm dia MS bars and grouting by cement slurry of suitable length in holes as per approved drawing, filling of joints by contractor's Epoxy mortor (mixed as recommomded by manufacturer ) with all contractor's labour tools and plants machineries equipments materials crew and fuel all lead and lift etc. 475 MT 712.20 Rs .Seven hundred twelve and paise twenty only 338295.00 Total Part-F (Sch. Value} 364042.90 1638193.05 Rs .Three hundred seventy one and paise ninety only 29752.00 Total Part-G (Sch. Value} 29752.00 57421.36 add 350% 46 NS-7 Part-G Supplying and stacking of 65 mm gauge m/c crushed ballast confirming to Railway's specification including loading, unloading and transportation with contractor's labour, tools and machinery etc at indicated place. 80 add 93% Part-H Contractor 9079.95 Rs .Nine thousand seventy Nine and Ps. ninty five only. Total Estimated value Part-F Cum 371.90 Total Estimated value Part-G 18159.90 60 47 21217 Digging road surface of all types except pre cast concrete block surface, removing spoils upto bottom of sleepers and refilling soil to original level by proper ramming and consolidation in connection with overhauling of L.C. (attention to track items like sleepers, fittings, rail replacement, painting & making pucca road surface shall be paid extra) Removing from track consisting of any type of sleeper and sleeper density, the existing 90R/52kg.free rails/3 rail panels/5 rail panels/10 rail panels by removing fish plates, fastening and fish bolts, keeping released rails safely on cess and stacking other rreleased material as directed by Engineer (Work to be done under block and Railway's supervision) Deep screening of existing ballast under traffic including removing the core and excavation below the bottom of sleepers and to recover the clean ballast by screening on wiremesh and disposing off the muck away from the track as directed by the Engineer, including cutting or making up the cess and ensuring proper drainage slope and then re-inserting the cleaned ballast into the track and giving one kacha packing so as to make the track fit for 20 KMPH as per the relevant provisions of IRPWM. (d) Screening minimum 300 mm depth below sleeper. 1st & 2nd through packing including giving a general lift as desired to eliminate Sags after deep screening, sleepers renewal, etc. so as to make the track fit for 20 KMPH. 80 Sqm 51.00 Rs. Fifty one only 48 21409 49 21301/d 50 21306 51 52 9 Meter 10.15 Rs. Ten and paise fifteen only 91.35 35 Meter 91.20 Rs. Ninety one and paise twenty only 3192.00 35 Meter 14.05 Rs. Fourteen and paise five only 491.75 21307 Picking up slacks as required and third through packing subsequent to 1st packing including giving a general lift upto 25 mm so as to make the track fit for a speed of 45 KMPH after deep screening, sleepers renewal, etc. 35 Meter 11.70 Rs. Eleven and paise seventy only 409.50 21308 Picking up slacks as required and fourth through packing subsequent to third packing deep screening, sleepers renewal, lifting, etc. to make track fit for further speed relaxations of 75 KMPH or normal after due passage of days or traffic. 35 Meter 8.75 Rs. Eight and paise seventy five only 306.25 Total Part-H (Sch. Value} 8570.85 add 110% Contractor Total Estimated value Part-H 4080.00 17998.79 61 Rate Sheet Name of Work :- Schedule of rates and quantities for Construction of Limited Height Subway in lieu of manned LCs No. 103 at KM 1212/4-5, on BIN-KTE section by Precast RCC box by cut & cover method with R.H. Girder under ADEN Katni sub division. Railway's estimated Value Part 1 Part-A 3767732.98 27% above 4785020.88 2 Part-B 1382025.55 108.7% above 2884287.32 3 Part-C 315734.60 78.04% above 562133.88 4 Part-D 4348632.00 32% above 5740194.24 5 Part-E 204835.85 25.18% above 256413.52 6 Part-F 364042.90 350% above 1638193.05 7 Part-G 29752.00 93% above 57421.36 8 Part-H 8570.85 110% above 17998.79 Total Schedule value Add for railway's estimated rate S.N. 10421326.73 15941663.04 My offered rates are in figures-----------------------------% above/at par/below ( In words --------------------------------------------------------------------percent) above/at par/below on the Railway's estimated value i.e .Rs 15941663.04 Note: 1. Tenderers are requested to please quote single percentage rate above / below/ at par over Railway's estimated value in prescribed rate sheet only. 2. If single percentage above/below/at par, departmental rates is not quoted or various rates against various item is quoted, then the tender shall be summarily rejected, as per PCE's letter No. W-HQ/PCE/Instructions dated 06.05.2013 Contractor 62 Special Conditions 1. Tenderers are requested to please quote single percentage rate in prescribed rate sheet only. 2. The tenderers/ contractors are advised to visit the all bridge sites of work and ascertain for him self/ themselves all the aspects of site conditions viz. accessibility, availability of approach road, nature of soil availability of material, extent of lead and lift involved in the work, availability of skill and unskilled labour etc. that may be encountered in the course of execution of work. As the nature of the work warrants ensuring the high level of dimensional accuracy along with high quality control, tenderers should make it a point to understand the work carefully and thoroughly before quoting the rate and for de-watering /incidental de-watering work for completion and execution of work. 3. The contractor shall have to make his own arrangement at his own cost for movement of his vehicle and the rate must include for all such jobs. No any extra payment will be made for preparation of approach road. 4. The casting of the boxes should be done along the track at a adequate distance as decided by ADEN. If necessary casting bed of suitable height has to be constructed as directed by engineer in charge for which no extra payment will be made. If any RCC BOX is damaged either during launching or during placing in position, the same shall be set right/replaced by the contractor at his own cost. 5. 10% amount of M-35 concrete for RCC boxes will be with held which will be paid after successful placement at locations. Contractor has to provide sufficient number of labour for placement of boxes during block period .The labour shall assist in levelling, aligning, lifting of RCC boxes including all other misc. activities as required for successful placement of segmental boxes during block Hrs for which no extra payment will be made. 6. Excavation by mechanical means for placement of segmental boxes should be completed within adequate block period. Engineer in charge at site will decide adequacy of block and his decision shall be final and binding upon the contractor. 7. No claim shall be entertained for any compensation on account of delay in getting traffic and power block. 8. A responsible representative and engineer of contractor should be available at site during construction of RCC boxes and placing of RCC boxes. 9. The tenderers / contractors shall submit along with the tender photostat copies of credentials for having successfully executed works of similar nature and required magnitude in recent past. He shall also produce evidence that he possess the organization technically resourceful to under take this work. 10. The tenderers/contractors shall submit a list of works which are currently being executed by them & their contract value and date of completion. 11. Mixer capacity should be at least one bag and not more than its volume should be filled. Pan mixer is preferable. 12. Contractor shall be fully responsible for safety of traffic during the execution of work and shall provide safety measures as directed by railway Engineer. If any damage is caused to traffic during execution of work, entire cost of work restoring traffic as directed by the railway Engineer shall be borne by the contractor. The cost of damage as calculated by Sr.DEN / DEN shall be final and binding. 13. All concreting shall be done by weigh batching and leak proof shuttering, vibrated with more than 60mm dia. needle vibrator or as directed by Engineer-in-charge at site. 14. The joints of shuttering plates shall be leak proof to prevent leakage of grout. 15. Use of admixture as approved by Railway Engineer shall be compulsory to achieve minimum setting time of one hour and workability should be slump of 75mm after 30mins and 25mm after 45mins. 16. The poor concrete work shall be ruthlessly demolished. No repair to shoddy work shall be permitted; contractor shall be fully responsible for bad workmanship and no claim whatsoever on this account shall be entertained by Railway. The decision of engineer in charge shall be final and binding upon the contractor. 17. The booklet entitled “specifications for RCC / PSC for Construction /Rehabilitation of concrete bridge and structures on central Railway (open line)’’ shall form a part of tender document. Contractor 63 18. 19. 20. 21. 22. 23. 24. 25. 26. 27. 28. 29. 30. 31. 32. 33. 34. 35. 36. Tenderers may obtain a copy and go through the contents and same will be followed for execution of work All the materials used during the execution should confirm to railways standard specifications. Decision of Engineer-in-incharge would be final in this regard. Contractor shall have to keep a qualified technical supervisor during execution for quality control. List of technical supervisors along with technical qualification should be submitted. No condition with respect of technical specification will be entertained and if any tenderer quote condition modifying the technical specification it’s tender would liable to be rejected summarily. Entire method for design mix concrete shall be approved by railway Engineer and each step will be followed strictly. All necessary arrangement and tests for concrete mix design have to be done by contractor at his own cost. No any extra payment will be made on this account. Controlled concrete work shall be with specified mix design as per relevant I.S code. Detailed calculation for design mix shall be submitted by the contractor well in advance and got approved by Railway before execution. Portland pozzolona cement shall not be used for PSC works. Where Portland pozzolona cement is used in plain and reinforced concrete, it is to be ensured that proper damp curing of concrete is done at least for 14 days and supporting formwork shall not be removed till concrete attains at least 75% of the design strength. Compatibility of chemical admixture and super plasticizers with Portland pozzolona cement and Portland blast furnace slag cement shall be ensured by trials before use. The contractor shall not start any work with out the presence of Rly. Supervisor or his representative and contractor’s Supervisor at site. ADEN shall approve the methodology proposed to be adopted by the contractor, with a view to ensure safety of trains, passengers and workers and he shall also ensure that the arrangements are actually available at site before start of the work and the contractor’s supervisors and the worker have clearly understood the safety of aspects and requirements to be adopted/followed by executing the work. There shall be an assurance register kept at site which will have to be signed by Rly.Supervisor or his representative as well as the contractor’s supervisor as a token of their having under stood safety precautions to be observed at site. Contractor has to make his own arrangement for lighting at his own cost during night hours, if required. Contractor shall be wholly responsible for safety of traffic during execution of work and provide safety measure at his own cost. A daily progress register will be maintained at site furnishing details of work/location starting and closing time and all other requisite information regarding work site. Rly’s as well as contractor’s supervisor will sign the daily progress register. All the documents/register shall be prepared and kept at site all the time & site order book should be available at site. Flagmen at either side of the work site shall be provided by the contractor to give the warning of the arrival of the train to staff working at site Contractor shall arrange “Train approaching warning device” (Hooter) at site. No compensation will be paid by the Rly in case of injury or death of contractor’s labours. Contractor has to deploy sufficient labour to carry out the work as directed by the site in-charge. If, block is not operated due to un-foreseen reasons or other wise resulting in idling of contractor’s labour or any other incidental losses what so ever the contractor shall have no claim on Railway. Safety of all men and equipment of the contractor shall be his own responsibility. For this purpose, he will keep close watch on all movements/operations of running trains etc. In case any loss/damage occurs to the contractor/his men or machinery, the Railway shall not be responsible and all claims placed on this accounts will be on the contractor’s risk and cost. All the test prescribed in specification of the works and in relevant IS code has to be conducted in Govt. approved laboratory / Govt. Engg. College and the result for the same in original to be submitted by contractor to the engineer at site. The cost of tests to be borne by the contractor. 37. The contractor has to submit test certificate of each lot of cement and steel as per I.S. code. The test as decided by ADEN should be done in Govt. approved laboratory for which all payment to be made by contractor. Contractor 64 38. Contractor should submit to Railway 5 sets of completion drawing (all detailed drawing) after completion of the work on polyester based reproducible tracing film (75 micron) thick one side mat of superior quality in black indelible ink duly incorporating all addition and alteration in red ink along with a copy of the same on C.D. No extra payment to the same will be made to the contractor. 39. C.C. cribs and R.H. girder will be provided by Railway. Contractor will have to transport these to the site. Payment will be made as separate item. 40. Assembly of C.C. cribs if required will be done by contractor operation of traffic & power block. 41. Wooden logs for assembly of C.C. cribs will have to be supplied by contractor. Description of work 1. Launching/ laying of Pre cast RCC Box under the track involve following activities in one block time 1.1 De linking the track.Track assembly including sleeper is lifted by Road crane and placed on the side of track at suitable location as directed by Engineer-in-charge. 1.2 Ballast is removed up to formation level and excavation is done by excavator for preparation of bed for placement of cribes & R.H. girder. The track is linked and made fit for train operation. 1.3 Excavation by excavator below RH girder without traffic block as directed by engineer in charge. 1.4 Providing safety net along the bank slope with proper securing arrangement. 1.5 Bed preparation, after complete excavation either pre block or during block leveling by sand etc. 1.6 Lifting of base slabs &RCC box and its placement with Road crane including binding of wire ropes for each box gently to the line and level and alignment. 1.7 After placing RCC Boxes under the track, earth filling/quarry dust filling is done on sides with proper ramming. This may necessitate placement of cement bags filled with sand/earth/quary dust between box and bank to retain the bank fill. For this sufficient Nos. of bags must be kept filled with sand/earth/quary dust at site in position as directed by engineer in charge. Ballast is spread over it and track is placed back over the ballast cushion with the help of crane, as directed by Engineer-in-charge 1. 1.1 Minimum Equipment required during the work One road crane of min. loading capacity 220 tonne at a working radius of 16 m from the center of crane along with one standby with similar capacity. Excavator (Poclain/Hitachi) of min. capacity 1 m3 bucket with one as standby with 2 dumpers and sufficient Nos of tractor trolley. Leveling equipment. Wire ropes. Sufficient Nos. of cement bags filled with sand/earth/quary dust as instructed by engineer in charge.. Jack hammer along with compressor in case of Rocky strata. One JCB machine. 1 Set of Gas cutting equipment with sufficient Nos. of LPG cylinder ACCESS The contractor will transport his tool and plants, pipes, labour to the site by his own means and 1.2 1.3 1.4 1.5 1.6 1.7 1.8 2. cost. 3. ALIGNMENT AND BENCH MARK The alignment for the work to be carried out under the contract shall be marked on the ground as per the drawing and as per instructions of the Engineer-in-charge. For the purpose of facilitating the work, a series of temporary bench mark of masonry pillars will have to be established. These pillars will be constructed along the alignment and such other location as may be decided by the Engineer-in-charge. All expenses involved in the processes of marking alignment on ground, checking the alignment, constructing masonry pillars and establishing bench marks thereon, shall be borne by the contractor. The contractor shall also ensure that the masonry pillars so constructed are not damaged during the period of work in progress. Contractor 65 4. SAFETY MEASURES The contractor has to carry out the work under Railway traffic block. The work of placing RCC segment boxes will be carried out under direct supervision of a nominated Railway representative who will ensure that track parameters are maintained within safety tolerance. 5. TAXES AND ROYALTY All rates quoted in the tender shall be deemed to be inclusive of all taxes including turnover tax, M.P sale taxes on the transfer of property in goods involved in execution of work on contract as existing at present and as amended at any time in future, octroi in any form and royalties, etc. all taxes and duties payable by the contractor the government or public body of local authority and no additional amount will be paid or claim entertained on this account by railway. The contractor is liable to pay any charges / fees levied by the local authority/ Government during execution. SPECIAL CONDITIONS FOR CONTRACTOR’S CEMENT AND STEEL. 1.0 CEMENT GENERAL 1.1. 1.2. 1.3. 1.4. 1.5. 1.6. (I) (II) (III) (IV) (V) 1.7 (i) (ii) (iii) (iv) The cost of cement is included in all the concrete items mentioned in the schedule of work in this tender. No extra payment towards the cost of cement shall be paid on this account. The Rly will not supply any cement for the works. The contractor(s) has/have to procure the cement required for the work from the Market & transport the same to the site of work at his/ their own cost including all taxes, octroi, etc. and including all lead & handling etc The cement should be purchased by the contractor(s) only from the Authorized/Approved manufactures or their Authorized agent. The contractor(s) should produce the documental proofs such as bill, challans, etc, from such authorized Manufacturers/Agents from whom the cement is purchased for every lot of cement brought at site and to be verified by the Rly’s representative. The cement brought at site without such documental proof will not be permitted to be used in the works The cement as approved by the Rly’s representative will be properly stacked at site in the godowns constructed by the contractor at his own cost. The contractors should keep the cement under their safe custody & will be made accessible to the Railway’s representative to physically verify & check at any time. The contractors will be fully responsible for the safeguard of the cement along with other materials & the Railways will not compensate for any damage, loss or theft of the cement or any other materials at site. Any delay in procurement of cement will not be considered as cause for granting extension. The cement should be brought to site in sealed bags. Cement bags should be preferably; in paper bag/Polythene bag packing & should bear the following information in legible markings: Manufacturer’s name Registered trade mark of manufacturer, if any Type of cement with ISI Code No. Weight of each bag in kgs. Date of/Month of manufacture with year Random specimen samples of cement taken from the lot brought at site should be tested at any authorized/approved Engineering Institute of Laboratory for its physical and chemical properties as specified in the IS Specifications (IS 4031) and any other tests as specified by the Engineer or his representative. Some of the tests which should be carried out are:Compressive strength. Initial & final setting time. Consistency. Soundness. These test will be got carried out by the Railway’s representative & the arrangements & cost of tests including cost of cement for testing will be borne by the contractor. Such tests should be done invariably at every change of batch of cement & at times when it is found necessary at the discretion of the Site Engineer/his representative at site. Contractor 66 1.8 To ensure quality control, test certificate from the manufactures should be produced by the contractors which should confirm to the relevant specifications. Rejected lot should be removed from site immediately by contractor. 1.9 CONSUMPTION AND ACCOUNTAL 1. The consumption or use of cement in the works will be at the rate of quantities specified for each item requiring nominal mix & as required for design mix. 2. In case of design mix of concrete, the contractors should submit the mix design duly done by any approved Engineering Institute or Laboratory & the cement required as specified in the design should be used to achieve the specified strength of the concrete. 3. Proper accounts of the cement for receipt, consumption, balance etc. should be maintained at site duly verified and signed by the contractors and the Railway’s representatives. 4. In case of excess consumption of cement no extra cement will be paid to the contractor(s) 5. The cement should be fresh & generally within three months of age. If the cement is older than 3 months, test should be carried out for its loss of strength & other properties and addl./extra Qty. of cement will be used, as decided by the site engineer to achieve the required strength. No extra payment will be made by the Railway for such addl. Quantity used by the contractor. 6. Cement brought at the site by the contractors for a particular work should not be taken to other works/sites without the written approval/permission of the Railway’s Site Engineer. 7. Any cement left out on completion of works will be the property of the contractor. The contractor will be at liberty to dispose off the leftover cement. Railway will neither takeover the leftover cement nor will compensate the contractor in any manner what-so-ever. 2. 2.1 2.1.1 2.1.2 2.1.3 2.2 STEEL GENERAL Railway will not supply any steel for the works included in this tender. As required in the schedule of works, Tor steel bars/TMT (thermo mechanically treated high corrosive resistant steel bars) of various diameters for reinforcement in RCC works & for other items of works as required and structural steel for fabrication items of work will be procured and transported to site by the contractor(s) at his/their own cost. The steel bars/structural steel shall confirm to the relevant IS Specifications. The steel used will be of reputed make like SAIL, TISCO, Jindal, Rathi etc and should be approved ADEN in charge before use. The steel brought at site should be kept diameter wise separately and protected from contact with earth, water, etc. Wherever the treatment of the steel against the corrosion is specified, the same should be done as specified in the item and specification. It is entirely contractor’s responsibility to safe guard the steel from damage, loss & theft etc. & railways will not pay any compensation for any such loss, damage or theft. The rate for the items of RCC works is exclusive of the cost of the steel & is only for the concrete work with the specified mix but inclusive of cutting, bending, hooking & placing of steel reinforcement. The cost of the steel will be paid under a separate suitable item as provided in the tender schedule. QUALITY AND TESTING 2.2.1 2.2.2 2.2.3 2.2.4 2.3 The quality of the steel and source of purchase will be as mentioned in Para 2.1.2. The contractor/s should submit test certificate, from the manufactures for each lot & diameter of the steel bars brought by the contractor. In addition to the test certificate, Railways may conduct necessary test through any authorized/ recognized Engineering Institute or Laboratory, taking sample cut pieces from a lot of steel brought by the contractors. These tests will be conducted for each dia of the bars separately for their physical, chemical, & engineering properties as specified in the I.S. Codes. All arrangements & the cost of test including the cost of the test pieces will be borne by the contractor. No extra payment will be made by the Railways on this account. Rejected material should be removed from the site by the contractor. CONSUMPTION AND ACCOUNTAL. Contractor 67 2.3.1 2.3.2 2.3.3 2.3.4 The steel should be used in the work as shown in the approved drawing. Over laps, if necessary, should be provided as required by design and specification, but no payment shall be made for extra steel used for providing over laps. Proper account will be maintained in the registers regarding consumption, balance etc. duly signed by the contractor and Railway’s representative. For the purpose of payment, linear measurement of bars used for the work will be converted into mass unit by multiplying the former by the standard unit weight. No overlaps will be accounted for the payment and no rolling margin will be considered. The cut pieces, wastage and the left over materials will be disposed off by the contractor. Railways will not pay any compensation for such cut piece, wastage or balance left out material. The steel brought at site by the contractor for a particular work should not be shifted to other works/site without the written approval/permission of the Railways. ********************* Contractor 68 End page of TD Contractor