annexure -“i” check list of documents to be submitted

1

Tender No. 19/Central/2015

Sr.DEN/Central/BZA Signature of Tenderer(s)

of 67 BZA Divn., SCR, T.No.19/Central/2015 invited vide Open Tender No.DRM/Works/BZA/23/2015 dt. 26.11.2015, date of opening on .31.12.2015 for the work of Vijayawada division GDR-BZA-VSKP sec. - Alumino thermit welding of rail joints as per specifications in ADEN/BPP and EE Sub-Divisions. . .

ANNEXURE -“I”

CHECK LIST OF DOCUMENTS TO BE SUBMITTED ALONG WITH TENDERS.

(Tenderers are requested to give certificate and/or put ( ) mark wherever applicable.)

1.0 Tenderer details:

1.1 Name of the Tenderer

1.2 Identification of Tenderer

i. In case of Partnership Firm: A copy of

Partnership deed with latest modifications of the

deed, if any, attested by any Gazetted Officer.

ii. In case of Consortium, JV or MOU: A copy of

either JV agreement attested by any Gazetted

Officer or MOU in original. iii. In case of Company: A copy of Articles of

Association attested by any Gazetted Officer.

iv. In case of Proprietary Firm: A copy of registration

/ Income tax/ PAN No. for filing returns attested

by any Gazetted Officer.

02 Particulars of DD/MR submitted towards cost of Tender

form.

03 Particulars of MR/BC/DD submitted towards EMD.

04 Engineering Organization in Annexure – “A”

05 List of Plants & Machinery in Annexure – “B”

06 List of works completed during the last three Financial

Years in Annexure – “C”

07 List of Works on Hand in Annexure – “D”

08 Attested copy of Experience Certificate in Annexure –

“E”

09 Attested copy of Certificate showing Contractual

amounts received during the last three Financial years

and Current Financial Year in Annexure – “F”

10 NEFT MANDATE FORM

11 Registration Number of APGST / APVAT

12 Any other information / certificates required as per

Tender document.

13 Total Number of Annexure submitted ( Number of

Pages)

Address :

Phone No. : Signature of Tenderer/Contractor:

2




TENDER NO.19/Central/2015

1. The offer of tenderer(s) who do not enclose Experience Certificate and Turnover Certificate with

requisite details and supporting documents as detailed under Para 2 & 3 of Eligibility Criteria in Page-6

to 8 along with their Tender to establish their credentials shall be summarily rejected, even though they

are working contractors or contractors on approved list.

2. Tenderer may please observe the new conditions of the tender document in “Note to Tenderers” and

“Conditions of Tender” vide Sl.No.9 and 10 & Sl.No.25 to 31 respectively. For Attention of Tenderer

Modification of EMD, Performance Guarantee, Security deposit, Introduction of PVC and Token penalty

S.No. Details Reference

1 Modification of EMD Item No.7 Conditions of Tender

2 Modification of Performance Guarantee Item No.9

Special conditions of

Contract

3 Modification of Security Deposit Item No.10

4 Introduction of PVC Item No.11

5 Implementation of Building and other Construction

Workers Welfare Cess Act, 1996

Item 14

6 Token Penalty Item 8(b) Works Contract Clause-13

Name and address of Tenderer

Money Receipt/ D.D. No. & date for cost

of Tender form enclosed

SOUTH CENTRAL RAILWAY

WORKS CONTRACT; REGULATIONS OF TENDERS AND CONTRACTS;

CONDITIONS OF TENDER; TENDER AGREEMENT FORM

Open Tender Notice No. DRM/Works/BZA/23/2015 dt. 26.11.2015

Last date for issue of tender forms by post 21.12.2015

Last date for issue of tender forms in person 29.12.2015 upto18-00 hours

Date and time for submission of tenders 31.12.2015 upto 15.45 Hours

Date and time for opening of tenders 31.12.2015 at 16.00 Hours

Name of work:- Vijayawada division GDR-BZA-VSKP sec. - Alumino thermit welding of

rail joints as per specifications in ADEN/BPP and EE Sub-Divisions

Similar nature of

works:-

Any Railway track work or track maintenance work.

Period of completion 11 (Eleven) months

Approximate value Rs. 1,26,11,468/-

E.M.D. Rs. 2,13,060/-

Cost of Tender form Rs. 5,000/-in person & Rs.5,500/-by Post

3




NOTE TO TENDERERS

1) Tender forms in the prescribed form may be obtained from the office of the Divisional Railway

Manager, Works, S.C. Railway, Vijayawada, on production of cash receipt for each tender form at

the rates mentioned on the cover page and in the Tender Notice. If any plan/drawing is attached with the tender form, Rs.200/- for plan/drawing will be levied extra. The amount towards the cost of

tender form may be remitted to the Divisional Cashier (Pay) S.C.Railway, Vijayawada, Guntur,

Secunderabad, Hyderabad, Guntakal and Nanded, Chief Cashier (Pay), S.C.Railway, Secunderabad

or any Station Master/Station Superintendent on S.C. Railway and the receipt obtained thereof

should be submitted to this office with a requisition for issue of tender form. Money Orders, Postal

Orders, etc, will not be considered for issue of tender forms. The tender forms are not transferable

and the cost of the tender form is not refundable. This office will not entertain direct payment. Tender Number, Description of the work, etc. should be written on the sealed cover addressed to the

Divisional Railway Manager (Works), S.C.Railway, Vijayawada, while submitting the Tender

document. 2) The Tender forms are available for sale in the office of Divisional Railway Manager (Works),

S.C.Railway, Vijayawada and also in S.C.Railway Web site.

3) Tender conditions / other particulars are available in the Tender documents uploaded along with

the Tender Notice on our website at http://www.scr.indianrailways.gov.in” which can be

downloaded.

4) The prospective tenderers are advised to visit website “http://www.scr.indianrailways.gov.in” three days before the date of tender opening to note any changes/corrigenda for any tender.

5) The Tender Notice is also displayed in the Notice Board located in the office of Divisional Railway

Manager (Works), S.C.Railway, Vijayawada which can be seen on all working days. 6) The Railway reserves the right to cancel the tender without assigning any reason thereto.

7) Venue: Tender documents, duly completed in all respects shall be dropped in the Tender Box kept

for the purpose at Divisional Railway Manager’s Office (Works), South Central Railway, Vijayawada, Krishna District (or) may be sent by post to Divisional Railway Manager (Works),

South Central Railway, Vijayawada, Krishna District(A.P.). Railway is not responsible for any

delay in transit (or) loss of Tender form sent/received by Post.

8) If the date of opening happens to be a holiday, the tenders will be opened on the next working day.

9) The tenders will be opened on the date and time mentioned in the tender document and in the

presence of tenderers/their authorized representatives. Any tender received after the

stipulated time will be summarily rejected.

10) Tenderers’ representatives are advised to bring authorization letter from the tenderer/firms

for attending tender opening and when witnessing tender opening should write their full

name, contact number, agency / contractor that they are representing and their address in the

tender opening register.

Visit our site at “http://www.scr.indianrailways.gov.in

4





STANDARD REGULATIONS FOR TENDERS AND CONTRACTS

Sl.

No.

Contents Page

No.

1 Instructions for submission of Tender documents by

downloading from Website

5

2 ELIGIBILITY CRITERIA with conditions and

connected Annexures

6

3 Annexure-I(a) – Tender 15

4 Annexure-II - Agreement of works 17

5 Regulations for tenders and contracts for guidance of

contractors for civil engineering works- meaning of

terms.

18

6 Conditions of Tender 21

7 Special conditions of Contract 25

8 Works Contract Clause -13 -Annexure – ‘III’ 34

9 Special Conditions Modification to Clause 63 & 64 of

General Conditions of Contract

39

10 Performance Guarantee 40

11 Schedule of items and quantities in respect of items

covered by SSR and items not cover by SSR

42

5




Instructions for submission of Tender documents by downloading from

Website

1. Tender schedules are uploaded along with the Tender Notice and the same can be down

loaded and used as tender document for submitting the offer. However, the cost of tender

document as indicated on the cover page and in the Tender Notice has to be deposited by

the Tenderer in the form of a bank draft payable in favour of Senior Divisional Finance Manager, S.C. Railway, Vijayawada or original money receipt obtained from Divisional

Cashier (Pay) S.C.Railway, Vijayawada, Guntur, Secunderabad, Hyderabad, Guntakal,

Chief Cashier (Pay), S.C.Railway, Secunderabad or any Station Master/Station

Superintendent on S.C. Railway along with the Tender document. This should be paid

separately and not clubbed with the Earnest Money deposit. In case, tender documents

are downloaded from website, the tenderers should enclose the requisite cost of

tender form. If tenderers download tender document from Website and do not

enclose proper money value towards the cost of tender form, their tender shall be

considered as invalid.

2. Tenderers are free to down load the tender document from the website at their own risk

and cost for the purpose of perusal and to use the same as tender document, if so desired

for submitting their offer. If the offer of any tenderer who has submitted the Tender

document down loaded from the website is accepted, the contract agreement will be

prepared based on the master copy of the document and will be binding on the

contractor. The Railway does not own any responsibility for any alteration/omission in

the contents of the Tender form uploaded on the web site. No claim on this account will

be entertained.

3. The administration will not own any responsibility, if website is not opened for

downloading / uploading the tender documents due to any technical snag.

4. The prospective tenderers are advised to visit website “http://www.scr.indianrailways.gov.in” three days before the date of tender opening to

note any changes/corrigenda for any tender.

5. Warning: It is hereby brought to the notice of all prospective tenderers that if any

change/additions/deletions/ alterations are found to be made by them and the same

is subsequently detected / noticed at any stage even after award of the contract, all

necessary action including banning of business would be taken. In addition, the

tenderers are liable to be prosecuted under law.

6




1. ELIGIBILITY CRITERIA:-

FOR THE WORKS WHOSE ADVERTISED TENDER VALUE IS COSTING

ABOVE Rs.50 LAKHS. FOR TENDERS OF VALUE MORE THAN Rs.10 Cr.,

JV FIRM IS ELIGIBLE FOR THE TENDER SUBJECT TO FULFILLMENT

OF TECHNICAL AND FINANCIAL ELIGIBIITY AS PER CLAUSE 65 OF

GCC.( Ref: PCE/SC Lr.No.W.148/P (Guide lines) Vol.II, dt.13.08.2014).

1.1 Similar nature of work

physically completed

during the last three

financial years* and in

the current Financial

year**

Eligibility in terms of Experience: The Tenderer(s) should

have physically completed at least one similar nature of

single work for a minimum value of 35% of advertised

Tender value within the qualifying period i.e., last three

financial years* and in the current Financial year** upto the

date of Tender opening (even though the work might have

commenced before the qualifying period).

1.2 Total Contract amount

received during the last

three financial years*

and in the current

financial year**

Eligibility in terms of Turnover: The total contract amount

received during the last three financial years and in the

current financial Year up to the date of Tender opening

should be a minimum of 150% of Advertised Tender Value

a) Tenderer(s) should submit to this effect certificate in

original or an attested certificate from the Govt./Semi

Govt./Public sector undertakings for the work done for them

or

b) Audited balance sheet along with P& L A/C duly

certified by the Chartered Accountant as detailed in Tender

document.

NOTE: *Financial Year shall normally, be reckoned as 1

st April to 31

st March of the Next

Year. However, for Turnover Criteria, the Financial Year as applicable to the

Company/Tenderer is to be considered, if it defers from the above.

**Current Financial year is reckoned as the incomplete Financial year in which the

date of tender submission falls.

2.0 Clarification on “Similar nature of work” and details to be furnished along with the

Tender Documents:

2.1 Similar nature of work:- Similar nature of work is detailed at Page-2 and Page-42

2.2 Similar Nature of works physically completed within the qualifying period i.e. the last 3

Financial years and the current financial year should only be considered in evaluating the

Minimum Eligibility criteria ( even though the work might have commenced before the

qualifying period).

2.2.1 The work executed by them for any Govt./Govt.bodies/PSUs shall only be considered for

eligibility for credential verification of similar naure of work. As such works executed for

any Private Company/Individual shall not be treated as eligible works executed and

certificates issued on behalf of Private Company/Individual will not be considered.

2.2.2 Tenderer should submit attested copy of work experience certificate in Annexure-‘E’ to

establish the eligibility criteria. All details as required in the Annexure-‘E’, shall be made

available otherwise the information is treated as incomplete.

7




2.2.3 The work experience certificate shall be in the name and style of the tenderer participating

or as per provisions under Clause 65.16 of GCC for JV Firm, if eligible to

participate. However, in case the tenderer is submitting the certificate issued to a JV firm

of which the Tenderer is a member, the credentials proportionate to his share in the JV

will be considered. The tenderer shall submit a copy of relevant JV Agreement attested by

any Gazetted Officer along with the Tender.

2.2.4 The work experience certificate shall be issued by an Officer not below the rank of JA

Grade or Bill passing Officer in Railways and Bill passing Officer/Executive In-charge of

work in other Govt./Govt. bodies/PSUs. The certificate should bear the signature and seal

of the issuing officer, name of the department etc.

2.2.5 In case the Certificate/Documents produced are proved to be false and/or fabricated, the

entire Earnest Money (EMD) will be forfeited.

2.2.6 Work experience certificate (Annexure E) shall be attested by any Gazetted officer, in

case photo copies are submitted.

2.3 Value of similar work to be considered:-

2.3.1 The total value of similar nature of works completed during the qualifying period, and not

the payments received within qualifying period alone, shall be considered.

2.3.2 In case, the final bill of similar nature of work has not been passed and final

measurements have not been recorded, the paid amount including Statutory Deduction

will be considered

2.3.3 If final measurements have been recorded and work has been completed with negative

variation, then also the paid amount including Statutory Deduction will be considered.

2.3.4 However, if final measurements have been recorded and work has been completed with

positive variation but variation has not been sanctioned, original agreement value or last

sanctioned agreement value whichever is lower shall be considered for judging eligibility.

2.3.5 In case of composite works involving combination of different works, even separately

completed works of required value should be considered while evaluating the eligibility

criteria.

2.3.6 The value of work completed will not include the cost of any materials issued free of cost

by the Railway/Department concerned. Only cash value of the Agreement and executed

cash value will reckon for eligibility.

3.0 Clarification on “Eligibility on Annual Contractual Turnover and Details to be

furnished along with the Tender Documents”.

3.1 The total contract amount received in the last three financial years and the current

financial year up to the date of tender submission shall be at least 150% of the Tender

value.

3.2 For the completed Financial years, the Tenderer can submit either Audited Balance Sheets

showing clearly the contractual/work receipts in the Profit & Loss account of the Balance

Sheet, duly supported by a Turnover Certificate from the Chartered Accountant as per

“Annexure-F” or

Certificate(s) in original issued by Executive are Nominated Authority of the Department

certifying the bill amounts paid Agreement-wise and Date-wise or photo copy of such

certificate attested by a Gazetted Officer. Such certificates will be accepted only from

Govt./Govt. bodies / PSUs by authorities mentioned at Para 2 above.

8




3.3 For the incomplete Financial Year i.e. the Current year and for any Un-Audited

Completed Financial Year, only certificate on contractual / work receipts in original

issued by Executives of the Govt./Govt. bodies / PSUs from whom the payments were

received or photo copy of such certificate attested by a Gazatted Officer, giving details of

receipts Agreement-wise and Date-wise will be accepted as proof of contractual Turnover

for the current year and that completed but un-audited Financial Year. Certificates issued

by Private Companies / Individuals will not be entertained.

4.0 Additional Documents to be submitted along with the Tender:-

4.1 List of personnel organization available on hand and proposed to be engaged for the

subject work. These two lists should be given separately and signed by Tenderer and are

to be submitted in the Proforma given in the Annexure-‘A’.

4.2 List of Plant & Machinery available on hand (own) and proposed to be inducted (own and

hired to be given separately) for the subject work and this list shall be signed by the

tenderer and is to be submitted in the Proforma given in the Annexure-‘B

4.3 List of completed works in the last three Financial years giving description of work,

Organisation for whom executed, approximate value of contract at the time of award, date

of award and date of scheduled completion of work, date of actual start, actual completion

and final value of contract should also be given in the Annexure-‘C’.

4.4 List of works on hand indicating name of work, contract value, bill amount paid so far;

due date of completion etc. to be furnished by Contractor in Annexure-‘D’ and this

certificate is to be signed by Contractor.

4.5 In case, tender documents are downloaded from website, the tenderers should enclose the

requisite cost of tender form. If tenderers download tender document from Website and do

not enclose proper money value towards the cost of tender form, their tender shall be

considered as invalid.

5.0 A checklist of documents to be submitted at the time of tender submission is given as

top sheet in Annexure-I for easy guidance and compliance from prospective Tenderers.

6.0 Delayed / Post Tender submission of Documents/information of Mandatory Nature

linked to eligibility criteria called for at Tender stage:-

6.1 The offer of Tenderer(s) who do not enclose Experience Certificate and Turnover

Certificate with requisite details and supporting documents as detailed under Para 2 & 3

above along with their Tender to establish their credentials shall be summarily rejected,

even though they are working contractors or contractors on approved list.

6.2

(i)

The offer shall be evaluated only from the certificates / documents (as referred above)

submitted along with the tender offer. (ii) Any Certificate / Documents offered after the tender opening shall not be given any credit

and shall not be considered. (iii) Tenderer(s) shall note that conditional / alternate offer will not be considered and will

summarily be rejected, even though such condition makes them as the lowest tenderer.

(iv) Railway reserves the right to verify the authenticity of the documents / information

furnished.

9




ANNEXURE-“A”

PROFORMA

ENGINEERING ORGANISATION

1. ENGINEERING ORGANISATION AVAILABLE ON HAND.

Sl.

No.

Name & Designation

of Employee

Qualification Previous

Experience

Working

From To

01 02 03 04 05

A

B

C

Z

2. ENGINEERING ORGANISATION PROPOSED TO BE ENGAGED FOR THIS

WORK FROM ABOVE.

Sl.

No.

Name & Designation

of Employee


Experience

Working

From To

01 02 03 04 05

A

B

C

Z

3. ENGINEERING ORGANISATION PROPOSED TO BE ENGAGED FOR THIS

WORK FROM OUTSIDE. (A SUITABLY WORDED CONSENT LETTER FROM SUCH A PERSON SHOULD BE

OBTAINED AND ENCLOSED).

Sl.

No.

Name & Designation

of Employee


Experience

Remarks

01 02 03 04 05

A

B

C

Z

SIGNATURE OF THE TENDERER (S):

NAME OF THE TENDERER(S):

10




ANNEXURE-“B”

PROFORMA

PLANT & MACHINERY 1. PLANT & MACHINERYAVAILABLE ON HAND.

Sl.

No.

Particulars

of

machinery,

Plant &

equipment

No. of

Units

Kind

and

make

Capacity Age and

Condition

Approx.

cost in Rs.

in lakhs

Purchase Bill No. &

Date and Registration

particulars

01 02 03 04 05 06 07 08

A

B

C

Z

2. PLANT & MACHINERY PROPOSED TO BE INDUCTED FROM ABOVE.

Sl.

No.

Particulars

of

machinery,

Plant &

equipment

No. of

Units

Kind

and

make

Capacity Age and

Condition

Approx.

cost in

Rs. in lakhs

Purchase Bill No. &

Date and Registration

particulars

01 02 03 04 05 06 07 08

A

B

C

Z

3. PLANT & MACHINERY PROPOSED TO BE INDUCTED FROM OUTSIDE.

Sl.

No.

Particulars of

machinery,

Plant &

equipment

No. of

Units

Kind

and

make

Capacity Age and

Condition

Approx.

cost in

Rs. in lakhs

If to be purchased

give likely date of

receipt and supplier’s

Name.

01 02 03 04 05 06 07 08

A

B

C

Z

SIGNATURE OF THE TENDERER (S):

NAME OF THE TENDERER(S):

11




ANNEXURE-“C”

LIST OF COMPLETED WORKS BY THE TENDERER

Sl.

No

.

Nam

e of

wo

rk

Ag

reem

ent

No

. an

d d

ate

Des

ignat

ion

and

ad

dre

ss

of

agre

emen

t

sign

ing

auth

ori

ty

Ag

reem

ent

val

ue

in l

akh

s

Co

mp

lete

d

val

ue

of

wo

rk

(in l

akh

s)

Dat

e of

com

pl-

etio

n

Rem

ark

s

Railway

works

A

B

C

D

E

Z

State Govt.

Works

A

B

C

D

E

Z

Public Sector

Undertaking

Works

A

B

C

D

E

Z

SIGNATURE OF THE TENDERER (S): NAME OF THE TENDERER(S):

12




ANEXURE-“D”

LIST OF WORKS ON HAND WITH THE TENDERER

Sl.

No.

Name

of work

Agreement

No. and date

Designation

and address of

agreement

signing

authority

Agreement

value in

lakhs

Bill amount

paid so far

in lakhs

Due date of

completion

Number of

extensions

taken

Railway works

A

B

C

D

E

Z

State Govt.

Works

A

B

C

D

E

Z

Public Sector

Undertaking

Works

A

B

C

D

E

Z

SIGNATURE OF THE TENDERER:

NAME OF THE TENDERER:

13




ANNEXURE-“E”

EXPERIENCE CERTIFICATE

Sl.

No. Work Details Details

01 Name of Work

02 Agreement Number, date and name of the Agency.

03 Agreement Value in Rupees ( in words and figures)

04 Due date of completion

05 Number of Extensions granted

06 Actual date of completion of work

07 Value of Final Bill if passed (in words)

08 Work completed but Final measurements not

recorded

a) Amount paid so far as in CC Bill No.

09 Work completed, Final measurements recorded with

negative variation.

a) Amount so far paid as in CC Bill No.

10 Work completed, if Final measurements recorded

with positive variation which is not sanctioned yet

a) Original agreement value or last sanctioned

agreement value whichever is lower

Note: 1) This certificate in this proforma is to be issued only for physically Completed

work.

2) This certificate to be issued by an Officer not below the rank of JA Grade or Bill

Passing Officer in Railways and Bill Passing Officer / Executive In-charge of

work in other Govt. / Govt. bodies / Public Sector Undertaking. The certificate

should bear the signature and seal of the issuing officer, name of the department

etc.

Signature :

Name of Officer :

Designation :

Address :

Office Seal :

Phone / Fax No. :

Date :

14




ANEXURE-“F”

CERTIFICATE FROM CHARTERED ACCOUNTANT IN THEIR LETTER HEAD TO WHOMSOEVER CONCERNED

We________ are the Auditors for the Firm__________________________________ since last

________(many) years. On the strength of the above association, we are issuing this certificate Firm

on the Annual Contractual Turnover during the last three Audited Financial Years as per Audited

Balance Sheets.

It is further certified that advances or loans taken by the Firm in connection with execution of the

work is not reflected in the contractual receipts from Works Contracts indicated below:

Sl.

No.

Financial

Year

Receipts reflected in

Audited Balance Sheets in

P&L account

(Rs.)

Contractual receipts from

Works Contracts

(Rs.)

Remarks

1 2 3 4 5

Signature :

Name of CA :

Address :

Office Seal :

Phone No. :

e.mail :

Date :

15




Annexure-I(a)

TENDER To

The President of India

Acting through the Principal Chief Engineer,

Divisional Railway Manager,

Senior Divisional Engineer/Divisional Engineer

South Central Railway

I/We-------------------------------------------------------------------- have read the various conditions to tender attached hereto and hereby agree to abide by the said conditions. I/We also agree to keep this tender open

for acceptance for a period of 90 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 South

Central Railway, at the rates quoted in the attached schedule and hereby bind myself /ourselves to

complete the work in all respects within the time period stipulated in the enclosed Schedule 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 with the latest

printed/advance correction slips 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 South Central Railway Works Hand Book Part III corrected with the latest printed /

advance correction slips, sanitary works Hand Book corrected with the latest printed/advance correction

slips, Schedule of Rates corrected with the latest Printed/advance correction slips for the present contract.

3. A sum of rupees as notified in the Tender Notice and on the cover page of this Tender booklet is

herewith forwarded as earnest money deposit. The full value of earnest money shall stand forfeited without prejudice to any other rights or remedies in case my/our Tender is accepted and if :-

a) I/ we do not execute the contract documents within 7 (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.

2.

SIGNATURE OF TENDERER(S)

Date:

Address of the Tenderer (s)

16




ACCEPTANCE OF TENDER

I accept the tender and agree to pay the rates as per Standard Schedule of Rates_____ as

corrected by and up to correction slip No_______ of _ enhanced / diminished by ________

percent / at par in respect of schedule “A” and at the rates as entered in the

schedule__________.

DIVISIONAL RAILWAY MANAGER

DIVISIONAL ENGINEER / SENIOR DIVISIONAL ENGINEER


For and on behalf of the President of India.

Witness:

1.

Division_________________

Date:____________________

2.

FOR RAILWAY USE ONLY & TENDER(S) NOT

REQUIRED TO SIGN

17




Annexure-II SOUTH CENTRAL RAILWAY

AGREEMENT OF WORKS 1. Contract agreement No_____ dt._______ articles of agreement made this ________day of _______ between

The President of India acting through the ____________ South Central Railway Administration [herein after

called the Railway which expression shall unless the context does not so admit include his successors and

assignees in office of the one part and ________ [herein after called the contractor which expression shall

unless excluded by the context includes his heirs, executors, administrators, successors and assignees] of the

other part.

2. Where as the contractor has agreed with the Railways for the work ______________ set forth in the schedule

hereto annexed up on the General Conditions of contract and the specifications of the South Central Railway

and the Special Conditions and Special Specifications, if any, and in conformity with the drawings here to

annexed, if any, and whereas the performance of the said work is an act in which the public are interested.

3. Whereas the balance in the security deposit after adjustment of earnest money of Rs._______ originally paid

by the contractor is at the instance of the contractor recovered at 10 percent of the value of the running bills

till the amount of security deposit of Rs.________ is fully recovered.

4. Whereas the contractor has furnished an irrevocable Bank Guarantee for Rs.____________(5% of Contract

value) towards Performance Guarantee valid upto _____________(valid up to the stipulated date of

completion plus 60 days beyond that).

5. Now this indenture witnesseth that in consideration of the payments to be made by the Railway the

contractor will duly perform the said works in the said schedules set forth 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 in accordance with the said specifications and said drawings and said conditions of

contract on or before the _____________ date of ________ year and will be maintain the said works for a

period of _________calendar months from the certified date of the 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 set forth herein), and the Railway both hereby agree that if the contractor shall duly

perform the said work in the manner aforesaid and observe and keep said terms and conditions. The Railway

will pay or cause to be paid to the contractor for the said works on the final completion thereof, the amount

due in respect thereof, at the rates setforth in the USSR,2010 as corrected by and up to correction slip No ___

for Vijayawada division, enhanced/diminished / “At par” ________ percent of Schedule ( items covered by

SSR) and the rates shown in the schedule _______ for items not covered by SSR.

6. It is hereby agreed and declared that all the provisions of the said specifications, conditions of contract which

have been carefully read and understood by the contractor and schedule of rates, including the general

instructions contained in page _______ thereof shall be as binding up on the contractor and up on the

Railway Administration as if the same has been repeated herein and shall be read as part of these presents.

Signature of the contractor

Name of the contractor

Address

Date:

Signature of witness with address to

Signature of contractor

Signature

Designation

For and on behalf of the President of India

South Central Railway

Date :

Witness

TO BE SIGNED AT THE TIME OF AGREEMENT ONLY

18




(REGULATIONS FOR TENDERS AND CONTRACTS FOR GUIDANCE OF CONTRACTORS

FOR CIVIL ENGINEERING WORKS)

MEANING OF TERMS.

Definitions:

1. In these regulations for tenders and contracts the following terms shall have

the meaning assigned hereunder except where the context otherwise

requires.

(a) Railway shall mean the President of the Republic of India or the

Administrative officer of South Central Railway or the successor Railway

authorized to invite tenders and enter into contracts for works on his behalf.

(b) General Manger shall mean the officer in Administrative charge of the

whole of South Central Railway and shall mean and include the General

Manger of the successor Railway.

(c) “Principal Chief Engineer” shall mean the officer in charge of the

Engineering department, South Central Railway. (d) “Divisional Railway Manager” shall mean the administrative officer in

charge of the division of South Central Railway for the time being.

(e) “Divisional/Sr. Divisional Engineer” shall mean the officer in charge of the

division or district of South Central Railway.

(f) Tenderer shall mean the person/ the firm or the company who tenders for

the works with a view to secure the work on contract with the Railway and

shall include their personal representatives, successors and permitted

assignees.

(g) Limited tenders shall mean tender invited from all or some contractors from

the approved list of contractors with the Railway.

(h) Open tenders shall mean tenders invited in open and public manner and

with adequate notice.

(i) The work shall mean the works contemplated in the drawings and schedules

set forth in the tender forms and description of contract and required to be

executed according to specifications.

(j) Specification shall mean the specifications, materials and works, South

Central Railway issued under the authority of the Principal Chief Engineer

or as amplified, added to or superceded by special specifications, if any,

appended to the tender forms.

(k) Schedule of rates, South Central Railway shall mean the schedule of rates

issued under the authority of the Principal Chief Engineer from time to

time.

(l) Drawings shall mean the drawings, plans and tracing or prints thereof

annexed to the tender forms.

Singular and

plural:

2. Words imparting the singular number shall also include the plural and vice

versa where the context requires.

19




Inter-

pretations:

3. These regulations for tenders and contracts shall be read in

conjunction with the General Conditions of the Contract which are

referred to herein and shall be subject to modifications, additions,

super cessions by special conditions of contract and/ or special

specifications, if any, annexed to the tender forms

Contractors

credentials

4. A contractor who has not carried out any work so far on this Railway

should furnish particulars regarding.

a. his position as an independent contractor.

b. His capacity to undertake and carry out works satisfactorily, as

vouched for by a responsible official or firm.

c. His previous experience on 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 need be, by reference

to the signatories thereof.

d. His knowledge, from, actual personal investigation, of the

resources of the zone or zones in which he offers to work

e. His ability to supervise the work personally or by competent and

duly authorized agents.

f. His financial position.

Omissions Discrepancies

5. Should a tenderer find discrepancies in, or omissions from the drawing

or any of the Discrepancies tender forms or should he be in doubt to

their meanings he should at once notify the authority inviting 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. Earnest

Money: 6 (a) The tenderer shall be required to deposit a sum of Rs.2,13,060/- as

Earnest money deposit for the due performance of the stipulation to

keep the offer open till such date as might be specified in the tender. 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

the 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 Principal Chief Engineer, Divisional

Railway Manager, Divisional Engineer, Sr. Divisional Engineer of

South Central Railway. Should a tenderer fail to observe or comply

with the said stipulation, the aforesaid amount shall be liable to be

forfeited to the Railway.

6 (b) The sum mentioned in (a) above constitutes the earnest money. If his

tender is accepted this earnest money will be retained as part of security

for due and faithful fulfillment of the contract in terms of clause 16 of

the General Conditions of the Contract. The earnest money deposit of

the 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.

20




Care in sub

mission of

Tender

7(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 percentage/rates he enters in the tender

forms is/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 7(b) 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.

The Railways 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 Right of

Railway

8 The Railway reserves the right of not to invite tenders for any work

or works, to invite open or limited tenders, and when tenders are

to deal with Tenders called, to accept a tender in whole or in part or

reject any tenders or all tenders without assigning reasons for any such

action

Execution of

Contract

9 The tenderer whose tender is accepted shall be required to appear at the

office of the General Manager, Principal Chief Engineer, Documents

Senior Divisional Engineer or Divisional Engineer, as the case may

be in person, or if a firm or corporation or a duly authorised

representative shall so appear and to execute the contract documents

within seven days after notice issued by Railway that such documents are

ready. 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 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 herein-before provided the Railway

may determine that such tenderer has abandoned the contract and there

upon his tender and the 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 performance guarantee as per clause No.9 of

Special Conditions of contract Form of

Contract

Document

10 Every contract shall be completed in respect of the documents it shall so

constitute. Not less than two copies of the contract documents shall be

signed by the competent authority and the contractor and one copy given

to the contractor. The contract documents required to be executed by the

tenderer whose tender is accepted shall be the agreement at

Annexure-II

Form of Quotation

11 The Tender shall be submitted in the prescribed form annexed hereto.

21




CONDITIONS OF TENDER 1. The drawings for the Works can be seen in the office of the Divisional Railway Manager

(Works), South Central Railway, Vijayawada at any time during office Hours.

2. General Conditions of Contract and Specifications for Materials and works of South Central

Railway, can be seen at the Office of Divisional Railway Manager (works), South Central

Railway, Vijayawada or had on payment at the rates fixed for each book from time to time.

3. The Tenderer/Tenderers shall quote percentage rates for items covered by Schedules (items

covered by S.S.R and items not covered by S.S.R). The quantities shown in the attached

Schedules are given as a guide and are approximate only and are subject to variation according

to the needs of the Railway. The Railway accepts no responsibility for their accuracy; the

Railway does not guarantee work under each item of the Schedule.

4. Tenders containing erasures and alterations of the tender documents are liable to be rejected.

Any corrections made by the tenderer/tenderers in his/their entries must be attested by

him/them.

5. The works are required to be completed within a period of Eleven Months from the date of

issue of the acceptance of tender

6. The tender must be accompanied by a sum of Rs. 2,13,060/- as earnest money deposited in

cash or in any of the forms mentioned below failing which the tender will not be considered

and will be summarily rejected.

7. The earnest money shall be as below on the estimated tender value as indicated in the Tender

Notice. The Earnest money shall be rounded to the nearest Rs.10 (Rupees Ten only). This

earnest money shall be applicable for all modes of tendering.

Sl.No. Value of work EMD

a For works with Estimated

Tender Value costing

upto Rs.1 Crore

2 % of the Estimated Tender Value

b For works with estimated

Tender Value to cost

more than Rs.1 Crore

Rs.2 lakhs plus 1/2 % (half percent) of the

excess of estimated cost of work beyond Rs.1

Crore subject to a maximum of Rs.1 Crore

The Earnest Money should be in any of the following forms:-

“The Earnest Money should be in cash or Banker’s Cheques / Demand Drafts executed by State Bank

of India or any of the Nationalized Banks or by a Scheduled Bank.”

(i) Earnest Money Deposit in the form of cash paid to Divisional Cashier (Pay)

S.C.Railway, Vijayawada and the cash receipt in original should be submitted along

with the offer.Banker’s Cheque/ Demand Draft drawn in favour of Senior Divisional

Finance Manager/ S.C. Railway, Vijayawada should be submitted along with the offer

(Ref: FA&CAO/SC letter No.AFX/EMD/Policy/Vol.I dt 15-12-2014).

(ii) The Tenderers should furnish the Postal address, E.Mail address, FAX No. and Phone

No. of the Bank issuing the BC/DD towards EMD.

(iii) Any other form of EMD including Guarantee Bonds etc., other than Cash/BC/DD is

not acceptable

22




If the tender is accepted, the amount of earnest deposit will be held as security deposit for the due

and faithful fulfillment of the contract. The earnest money of the unsuccessful tenderer will save

as herein before provided, be returned to the unsuccessful tenderers 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.

8. The Standing Earnest Money Deposit, if any with the Railway will not be considered for the

purpose of this Tender.

9. It shall not be obligatory on the said authority to accept the lowest tender and no tenderer/

tenderers shall demand any explanation for the cause of rejection of his / their tender.

10. If the tenderer deliberately gives/tenderers deliberately 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.

11. If a tenderer expires after the submission or his tender of after the acceptance of his tender,

the railway shall deem such tender as 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

12. The earnest money for the due performance of the stipulation to keep the offer open till the

date specified in the tender will be refunded to the unsuccessful tenderer/ tenderers within a

reasonable time. The earnest money deposited by the successful tenderer/tenderers will be

retained towards the security deposit for the due and faithful fulfillment of the contract but

shall be forfeited if the contractor fails/contractors fail to execute the Agreement Bond or

start the work within a reasonable time (to be determined by the Engineer-in-charge) after

notification of the acceptance of his/their tender.

13. Tenders must be enclosed in sealed covers, super scribed “The Tender for

Tender No.19/Central/2015 and must be sent by Registered Post to the address of

Divisional Railway Manager(Works), South Central Railway, Vijayawada so as to reach his

office not later than 15-45 hours. On the prescribed date of opening or deposited in the

Special Box allotted for the purpose in the office of the Divisional Railway Manager

(Works) Vijayawada. This will be sealed at 15-45 hours on the prescribed date of opening.

14. Non-compliance with any of the conditions set forth herein above is liable to result in the

tender being rejected.

15. The authority for acceptance of the tender does not bind himself to accept the lowest or any

other tender nor does he undertake to assign reasons for declining to consider any particular

tenderer / tenderers.

16. The Successful Tenderer/Tenderers shall be required to execute an agreement with the

President of India acting through the Principal Chief Engineer/Chief Engineer/ Engineer-in-

chief/Deputy Chief Engineer (Constructions), Divisional Railway Manager/ Divisional

Engineer/ Senior Divisional Engineer (Construction)of the Railway for carrying out the

work according to the General Conditions of the Contract and specifications for works and

material of South Central Railway including correction slips issued from time to time.

17. The Tenderer shall keep the offer open for a minimum period of 90 days from the date of

opening of tender, within which period the tenderer cannot withdraw his offer subject to the

period being extended further if required by mutual agreement from time to time. Any

contravention of the above condition will make the tenderer liable for forfeiture of Earnest

Money Deposit for due performance of the foregoing stipulations.

18. The Administration does not agree to pay Sales Tax in addition to the price quoted:

23




19. Should the Railway decide to negotiate with a view to bring down the rates, the tenderer called for

negotiations should furnish the following form of declaration before commencement of

negotiations.

“I/we, ________________do declare that in the event of failure of the contemplated

negotiations relating to Tender No. ______opened on ____________my/our original tender shall

remain open for acceptance on its original terms and conditions.

I/we also declare that I/we am/are aware that during this negotiation, I/we cannot increase

the originally quoted rates against any of the individual items and that in the event of my/our doing

so, the same would not be considered at all i.e., reduction in rates during negotiation alone would be

considered and for some items if I/we increase the rates, the same would not be considered and in

lieu my/our originally quoted rates alone would be considered and my/our offer would be evaluated

accordingly. ”

20. 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 or any other 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 a retired Gazetted Officer as aforesaid, or should a tenderer being an

incorporated company have any such retired Engineer or retired officer as one of its directors or

should a tenderer in his employment any retired Engineer or retired Gazetted Officer as aforesaid,

the full information as to the date of retirement of such engineer or gazetted officer from the said

service and in case where such engineer or officer had not retired from Government Service at least

One year prior to the date of the submission of the tender as to whether permission for taking such

contract, or if the contractor be a partnership Firm or an incorporated company, to become a

partner or director as the case may be, or to take employment under the contractor, has been

obtained by the tenderer or the engineer or officer, as the case may be from the President of India or

any Officer, duly authorized 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) Restriction on the employment of retired Engineers of Railway services within one year of their

retirement: The contractor shall not, if he is a retired Govt. Engineer of Gazetted rank, himself

engage in or employ or associate a retired Govt. Engineer of Gazetted rank, who has not completed

one year from the date of retirement, in connection with this contract in any manner whatsoever without obtaining prior permission of the President of India and if the contractor is found to have

contravened this provision it will constitute a breach of contract and administration will be entitled

to terminate the contract and forfeit Earnest Money Deposit (EMD), Performance Guarantee (PG)

and Security Deposit (SD) of that contract.

c) At any time after the tender relating to the contract has been signed and submitted by the

contractor, being a partnership firm admit as one of its partners or employee under it or being an

incorporated company elect or nominate or allow to act as one of its directors or employee under it

in any capacity whatsoever any retire Engineer of the Gazetted rank or any other retired Gazetted

officer working before his retirement, whether in the executive or administrative capacity, or

whether holding any pensionable post or not, in the Railways for the time being owned and

administered by the President of India before the expiry of one year from the date of retirement

from the said service of such Engineer or Officer unless such Engineer or Officer has obtained permission from the President of India or any Officer duly authorized by him in this behalf to

become a partner or a director or to take employment under the contract as the case may be

(Ref:PCE/SC Lr.No.W.148/P/G.C.C./Vol.II dt.19-02-2015).

24




21. Should a tenderer or contractor being an individual on the list of approved contractors, have a

relative employed in Gazetted capacity in the Engineering department of the South Central Railway

or in the case of a partnership firm or company incorporated under the Indian company law, should

a partner or a relative of the partner or a SHARE HOLDER or a relative of a SHARE HOLDER be

employed in Gazetted capacity in the Engineering Department of the South Central Railway, the

authority inviting tenders shall be informed of the fact at the time of submission of tenders failing which the tender may be rejected or if such fact subsequently comes to light the contract my be

rescinded in accordance with the provisions in Clause 62 of the General conditions of the contract.

22. CONSORTIUM AGREEMENTS, JOINT VENTURE AND MOUs SHALL NOT BE

CONSIDERED FOR THE TENDER VALUE OF WORKS LESS THAN Rs.10 Crores.

23. Partnership Firm:-

i. Partnership deed is eligible if entered into and registered prior to Tender Notice. Tenderer

should enclose/submit experience certificate in the same name and style as the tenderer and their credentials shall be considered fully to the extent of work executed by the partnership

firm. (EXPERIENCE OF INDIVIDUAL PARTNERS WILL NOT BE CONSIDERED).

ii. Any change or modification in the constitution of tendering firms for whatever purpose or intimation of any disputes by any of the partners in the firm making tendering firm ineligible,

during consideration of Tender after opening of the Tender, shall be deemed to be backing out of

the offer by the Tenderer.

24. PARTNERSHIP DEEDS, POWER OF ATTORNEY ETC.:-

In the case of Partnership firms, an attested copy (attested either by Notary or by Gazetted officer)

of the partnership deed with latest modification of the deed should be submitted along with the

Tender documents without fail.

The Tenderer shall clearly specify whether the Tender is submitted on his own or on behalf of

Partnership concern. If the tender is submitted on behalf of a Partnership concern, he should submit

the certified copy of Partnership deed along with the Tender and authorization to sign the Tender documents on behalf of the Partnership firm. If these documents are not enclosed along with the

Tender documents, the Tender will be treated as having been submitted by individual signing

the Tender document. The Railway will not be bound by any Power of Attorney granted by the

Tenderer or by changes in the composition of firm subsequent to the execution of the contract. It

may, however, recognize such power of attorney and the changes after obtaining proper legal advice, the cost of which will be chargeable to the contractor.

25. The Tenderer shall quote rates as percentage “Above/Below/At par” for each schedule in the

respective Tender Schedule(s) only. Tenderer should sign below the rate quoted by him for

each schedule of Tender document.

26. The rate quoted anywhere, other than the respective Tender schedule shall not be considered. Any

corrections to the rate once quoted by the tenderer should be in INK and must be attested by tenderer. However, if any tenderer wants to give discount offer prior to closing of tender box and

after submission of his tender offer, then the same is to be given in a separate sealed envelope duly signed and stamped on letter head, prior to closing of tender i.e. sealing of the tender box. Tender

number, description of work etc., should be written on the sealed cover.

27. Where there is a discrepancy, between the rates quoted in figures and in words, the rate

quoted in words will be considered for evaluation of the tenderer offer.

28. Rates quoted without signature of tenderer will be considered as “Not Quoted” and/or if no

rate is quoted for any schedule, then the offer will be treated as incomplete offer and will not

be considered for award of work.

29. Rates quoted without prefix “Above/Below/At par” will be considered to be quoted as

“Above” the tender schedule rates.

30. No correspondence/representation from tenderer will b e considered for their failure to quote the rates as above.

31. Tenderers shall note that conditional/alternate offer will not be considered and will summarily

be rejected, even though such condition makes them as the lowest tenderer.

25




SPECIAL CONDITIONS OF CONTRACT 1. The rates include all lead and if the materials obtained by rail all freight charges including

loading charges.

2. Sales tax, Royalties and Octroi duties, if any, that may be payable under Provincial

Government Sales Tax Act or Local Bodies Act or rules on any of the material that may be

used or supplied by the contractor will be payable by the contractor. The Railway will neither

pay the taxes or duties nor be bound to compensate the contractor for any amounts paid by him

by way of these taxes or duties.

Sales Tax at 4% on the materials portion of the contract will be deducted from each on account

bill where identifiable. Where the labour and material portion is not clearly identifiable, the

labour element shall be taken as 30%. On the balance 70% of the value of the work, 4% shall

be deducted pro-rata from each “on account bill” towards Sales tax.

Seigniorage charges recoverable from bills:-

Seigniorage charges for supply of earth, mooram, sand and other minerals as fixed by the State

Government and payable to them as revised from time to time during the currency of contract

will be recovered by Railway from the contractors “on account” and “final bills” and remitted

to the state government. The rates quoted by the Tenderer shall be inclusive of these charges.

Claims regarding revision of seigniorage charges and consequent enhancement of the accepted

rate will not be entertained. However, no seigniorage charges / fee shall be recovered from the

bills of the contractor, if the contractor produces documentary evidence e.g. “Transit Passes”

issued by State Govt. Officials in token of having paid seigniorage fee. In such cases, the

genuineness of such documentary evidence produced along with proof of payment of

seigniorage charges, shall be got verified by the Railway from the concerned Mining and

Geology Dept 3. WATER:- A charge of One percent will be made by the Railway for the supply by the

Railway of piped water from existing pipe lines and calculated on the amount of all items of

work (USSR/NS items) appearing in the bills payable to the contractor in respect of which

work such water has been issued to the Contractor and such charges should be deducted from

sums due or payable by the Railway to the Contractor from time to time.

4. In the event of water having to be brought by the Railway to the site of the work in traveling

tanks, the actual freight at Public Tariff rate and all other charges incurred therein including any

demurrage that may be levied shall be payable by the Contractor and deducted from sums due

or payable by the Railways to the Contractor from time to time.

In addition to the charges of one percent referred to above, if additional pipe lines to

those already existing are called for by the contractor, the cost of the same and all charges

incurred by the Railway in their laying including supervision charges will be paid by the

contractor or the contractor provides and lay his own piping at the discretion of Divisional

Engineer.

5. The Railway does not guarantee work under each items of the Master Schedule. For example if

a gate-lodge or gang huts are to be built between stations and the work order issued to the

sectional contractors additional payment on account of lead or freight charges for the materials

that may have to be brought by rail or by road, will not be admissible.

26




6. If there arises any discrepancy between the printed Unified Standard Schedule of Rates 2010 as

amended by addendum and corrigendum slips issued from time to time upto date and the

schedule attached to the Tender pertaining to this work, the former shall be treated as

authentative and binding in all purposes.

7. Rubble masonry shall be first sum of Railways Specification No 503 according to South

Central Railway Specification for materials and works. Contractors attention is particularly

invited to dressing of stone as laid down in the Railway’s specification.

8. The Special conditions supplemented to the conditions of Tender and contracts the General

conditions of contract and the notes appearing under the relevant chapter and sub chapters of

the Unified Standard Schedule of Rates 2010 should be considered as part of the contract

papers where the provisions of these conditions are at variance with General Conditions of

Contract these special conditions.

9. Performance Guarantee (P.G.):-

a. The successful bidder shall have to submit a Performance Guarantee (PG) within 30

(thirty) days from the date of issue of Letter of Acceptance (excluding the date of LOA

(Ref: CE/Works/SC Lr.W.148/P/GCC/Vil.II, dt.30.05.2014). Extension of time for

submission of PG beyond 30 (thirty) days and upto 60 days from the date of issue of

LOA may be given by the Authority who is competent to sign the contract agreement.

However, a penal interest of 15% per annum shall be charged for the delay beyond 30

(thirty) days, i.e., from 31st day after the date of issue of LOA (excluding the date 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 the

following forms, amounting to 5% of the contract value:-

(i) A deposit of Cash,

(ii) Irrevocable Bank Guarantee,

(iii) Government Securities including State Loan Bonds at 5 percent 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 Scheduled

Banks;

(vi) A Deposit in the Post Office Saving Bank;

(vii) A Deposit in the National Savings Certificates;

(viii) Twelve years National Defence Certificates;

(ix) Ten years Defence Deposits;

(x) National Defence Bonds; and

(xi) Unit Trust Certificates at 5 percent below market value or at the face value

whichever is less.

27




Also FDR in favour of Senior Divisional Finance Manager, S. C. Railway, Vijayawada

(free from any encumbrance) may be accepted.

1. The Performance Guarantee shall be submitted by the successful bidder after the Letter

Of Acceptance (LOA) has been issued, but before signing of the contract agreement.

This P.G. shall be initially valid up to the stipulated date of completion plus 60 days

beyond that. In case, the time for completion of work gets extended, the contractor

shall get the validity of P.G. extended to cover such extended time for completion of

work plus 60 days.

1.0 The value of PG to be submitted by the contractor will not change for variation upto

25% (either increase or decrease). In case during the course of execution, value of the

contract increases by more than 25% of the original contract value, an additional

Performance Guarantee amounting to 5%(five percent) for the excess value over the

original contract value should be deposited by the Contractor.

1.1 The Performance Guarantee (PG) shall be released after physical completion of the

work based on the ‘Completion Certificate’ issued by the competent authority stating

that the contractor has completed the work in all respects satisfactorily. 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’ from the contractor.

1.2 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.

1.3 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) and this shall be in the event of:

i) Failure of 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 of the contractor to pay President of India any amount due, either as

agreed by the contractor or determined under any of the Clauses / Conditions of

the agreement, within 30 days of the service of notice to this effect by Engineer.

iii) The contract being determined or rescinded under provision of the GCC the

Performance Guarantee shall be forfeited in full and shall be absolutely at the

disposal of the President of India

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10. Security Deposit:-

The scale of Security Deposit that is to be recovered from the contractor shall be as follows.

i) Security Deposit should be 5% of the contract value.

ii) The rate of recovery will be at the rate of 10% of the bill amount till the

full Security Deposit is recovered.

iii) Security Deposit 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 Bank

Guarantee, Fixed Deposit Receipt etc., shall be accepted towards Security deposit.

iv) Conversion of Security Deposit into FDR after recovery of full stipulated SD (FA& CAO/SC letter No.AFX/EMD/Policy/ Vol.I dt.26.8.2010 circulated vide

PCE/SC lr. No.W.148/ SCRCA dt.30.9..2010):- If the contractor so desires, the cash

deposits in the form of security deposit may be allowed to be converted into FDRs

(in favour of respective Accounts Officers and on account of contractor), after full

recovery, at the discretion of the Railway, duly collecting necessary charges of

conversion by the Railway Administration.

The security deposit shall be released only after the expiry of the maintenance period and

after passing the final bill based on ‘No Claim Certificate’.

After the work is physically completed, security deposit recovered from the running bills of a

contractor can be returned to him if he so desires, in lieu of FDR/irrevocable bank guarantee

for equivalent amount to be submitted by him.

In case of contracts of value Rs.50 crores and above, irrevocable bank guarantee can also be

accepted as a mode of obtaining security deposit.

11. REVISED COMPREHENSIVE CLAUSE 46A OF GCC– PRICE VARIATION

CLAUSE: As per Railway Board Letter No.2007/CE-CT/18/Pt.19 dt.14.12.2012-Price

Variation Clause shall be applicable only for contracts of value (contract agreement

value) Rs.50 lakh and more, irrespective of the contract completion period and

Addendum & Corrigendum Slip (ACS) No.6 to GCC, July 2013; Amendment to Clause

46A.7 (a sub-clause of PVC) to GCC, communicated vide PCE/SC Lr.No.W.148/P/

G.C.C./Vol.II dt.05.06.2014. Amendment to Clause 46A1 (ACS No.2 to GCC, July-2014),

communicated vide PCE/SC Lr.No.W.148/P/G.C.C./Vol.II dt.12.12.2014. Clause 46A-Price Variation clause:

46A.1. Price Variation clause shall be applicable only for contracts of value as prescribed

by the Ministry of Railways through instructions/circulars issued from time to time

and irrespective of the contract completion period. Variation in quantities shall not

be taken into account for applicability of PVC in the contract. Materials supplied

free of cost by Railway to the contractors shall fall outside the purview of Price

Variation clause. If, in any case, accepted offer includes some specific payment to

be made to consultants or some materials supplied by Railway free or at fixed rate,

such payments shall be excluded from the gross value of the work for the purpose

of payment/recovery of price variation.

Applicability of PVC based on original contract value is illustrated as under: “If estimated value of tender (NIT value) is Rs.55 lakhs; but value of the contract

as per contract agreement is Rs.45 laksh, then PVC shall not apply, even if the

actual final value is Rs.50 laksh or more due to variation in quantities during

execution of the contract. Thus, variation in quantities after signing of contract

agreement is not relevant for deciding whether PVC is applicable to a contract or

not”.

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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%

C) Tunnelling Contracts

Labour

component

45% Detonators

component

5%

Fuel

component

15% Other material

components

5%

Explosive

component

15% Fixed

component*

15%

D) Other Works Contracts

Labour

component

30% Fuel component 15%

Material

component

40% Fixed

component*

15%

*it shall not be considered for any price variation.

46A.7. The Amount of variation in prices in several components (labour material etc., )

shall be worked out by the following formulae:

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i) L= W x (LQ-LB) x LC

LB 100

ii) M = W x (MQ-MB) x MC

MB 100

iii) F = W x (FQ-FB) x FC

FB 100

iv) E = W x (EQ-EB) x EC

EB 100

v) D = W x (DQ-DB) x DC

DB 100

vi) S = SW x (SQ-SB)

vii) C = CV x (CQ-CB)/CB

For Railway Electrification works:

viii) T = {(CS – CO) /CO X 0.4136} X Tc

ix) R = { (RT – RO) / RO + ( ZT - ZO ) / ZO x 0.06 } x Rc

x) N = { (PT – PO ) / PO } x Nc

xi) Z = { ( ZT – ZO ) / ZO } x Zc

xii) I = { ( IT – IO ) / IT } x 85

Where

L Amount of price variation in labour

M Amount of price variation in Materials

F Amount of price variation in fuel

E Amount of price variation in Explosives

D Amount of price variation in Detonators

S Amount of price variation in Steel

C Amount of price variation in Cement

T Amount of price variation in Concreting

R Amount of price variation in Ferrous Items

N Amount of price variation in Non-Ferrous Items

Z Amount of price variation in Zinc

I Amount of price variation in Insulator

LC % of Labour component

MC % of Material component

FC % of Fuel component

EC % of Explosive component

DC % of Detonators component

Tc % of Concreting Component

Rc % of Ferrous Component

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Nc % of Non-Ferrous Component

Zc % of Zinc Component

W 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 and

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)

LB

Consumer Price Index Number for Industrial Workers- All India- Published in RBI

Bulletin for the base period.

LQ Consumer Price Index Number for Industrial Workers- All India-Published in RBI

Bulletin for the average price index of the 3 months of the quarter under consideration.

MB Index Number of Wholesale Prices- By Groups and sub-Groups-All commodities- as

published in the RBI Bulletin for the base period.

MQ Index Number of Wholesale Prices- By Groups and Sub-groups-All commodities- as

published in the RBI Bulletin for the average Price index of the 3 months of the quarter

under consideration.

FB Index Number of Wholesale Prices- By Groups and sub-Groups for Fuel and Power as

published in the RBI Bulletin for the base period.

FQ Index Number of Wholesale Prices- By groups and sub-groups for Fuel and Power as

published in the RBI Bulletin for the average price index of the 3 months of the quarter

under consideration.

EB 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.

EQ 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

DB 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.

DQ 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. SW Weight of steel in tonne supplied by the contractor as per the ‘on-account’ bill for the

month under consideration

SQ SAILs (Steel Authority of India Limited) ex-works price plus Excise Duty thereof (In

rupees per tone) 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.

SB SAILs 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.

CV Value of cement supplied by contractor as per ‘on account’ bill in the quarter under

consideration.

CB Index no. of Wholesale Price of sub-group (of Cement & Lime) as published in RBI

Bulletin for the base period.

CQ Index no. of Wholesale Price of sub-group (of Cement & Lime) as published in RBI

Bulletin for the average price index of the 3 months of the quarter under consideration.

Cs RBI Wholesale Price index for cement and lime for the month which is six months

prior to date of casting of foundation. Co RBI Wholesale Price index for cement and lime for the month which is one month

prior to date of opening of tender.

32




RT IEEMA Price index for Iron & Steel for the month which is two months prior to date

of inspection of material.

Ro IEEMA Price index for Iron & Steel for the month which is one month prior to date of

opening of tender.

PT IEEMA Price for Copper wire bar for the month which is two months prior to date of

inspection of material.

Po IEEMA Price for Copper wire bar for the month which is one month prior to date of

opening of tender.

ZT 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.

IT RBI Wholesale Price index for structural clay products for the month which is two

months prior to date of inspection of material.

Io RBI Wholesale Price index for structural clay products for the month which is one

month prior to date of opening of tender. 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 became

available.

46A.

9.

Relevant categories of steel for the purpose of operating Price Variation formula, as

mentioned in this clause, based on Sails Ex-Works Price Plus Excise Duty thereof,

shall be as under:

Sl.

No.

Category of Steel supplied in Railway

work

Category of Steel produced by SAIL Whose Ex-

works Price Plus Excise Duty would be adopted

to determine Price Variation.

1. Reinforcement bars and other rounds TMT 8mm IS 1786 Fe 415/Fe 500

2. All types and sizes of angles Angle 65x65x6mm IS 2062 E250A SK

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

4. All Types and sizes of channels and joists Channels 200x75mm IS 2062 E250A SK

5. Any other section of steel not covered in

the above categories and excluding HTS

Average of price for the 3 categories covered

under SL 1, 2, & 3 above.

46A.10 Price variation During Extended Period of contract.

The price adjustment as worked out above, ie., either increase or decrease shall be applicable up to

the stipulated date of completion of work including the extended period of completion where such

extension has been granted under Clause 17-1 Of the General Conditions of Contract. However,

where extension of time has been granted due to contractors failure under Clause-17B of the

General conditions of Contract, price adjustments shall be done as follows:

a) In case the indices increase above the indices applicable to the last month of original

completion period or the extended period under clause 17-A, the price adjustment for the

period of extension granted under Clause 17-B shall be limited to the amount payable as per the

Indices applicable to the last month of the original completion period or the extended period

under clause 17-A of the General conditions of contract; as the case may be.

b) In case the indices fall below the indices applicable to the last month of original/extended

period of completion under clause 17-A, as the case may be; then the lower indices shall be

adopted for the price adjustment for the period of extension under clause 17-B of the General

Conditions of Contract.

33




12. DEDUCTION OF INCOME TAX AT SOURCE

In terms of new Section 194-C inserted by the Finance Act 1972 , in the income tax Act 1961

the Railway shall at the time of arranging payments to the contractor and/or sub contractor(in

the case of sub contractor only when the Railway is responsible for payment of consideration

to him under the contract) for carrying out any work (including supply of labour for carrying

out any work) under the contract be entitled to deduct income tax at source on Income

comprised in the sum of such payments.

The deduction towards income tax to be made at source from the payments due to non-

residents shall continue to be governed by Section 195 of the Income Tax Act 1961.

No Income Tax will be deducted by the Railway on payments made for supply of materials

where such value of supply portion is distinct and ascertainable such as supply of Timber, tiles,

bricks, ballast including track/ballast etc. The deductions towards Income Tax to be made at

source from the payment due to non/residents shall continue to be governed by Section 195 of

the Income Tax Act 1961.

13. LIABILITY OF CONTRACTOR(S) - ANY DAMAGE SUSTAINED BY RAILWAYS

DURING ACCIDENTS ETC., CAUSED DUE TO CONTRACTOR(S) FAILURES, FAULT

OR NEGLIGENCE.

Railway will post an Engineer-in-charge who may be SSE/SE/JE or Supervisor of any grade at

site for Technical Supervision of the work. This Engineer-in-charge will be responsible for

safety of the traffic. The work shall be executed by the contractor in a workman like manner to

the satisfaction of the Engineer-in-charge. The Contractor and his labour shall be guided by the

instructions of the Engineer-in-Charge. In the event of any accident occurring at the work site

and it is established during the departmental enquiry by the Railway or by Statutory enquiry of

CRS, that the accident occurred wholly or partly due to any act tantamounting to negligence on

the part of the contractor or his labour in not adhering to the instructions of the engineer-in-

charge, the contractor shall render himself liable for damages and also legal prosecution if loss

of life is involved.

14. Implementation of – 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 Andhra Pradesh (name of State) 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 the Andhra Pradesh (name of

State)Government and submit certificate of registration issued from the Registering Officer of

the Andhra Pradesh(name of the State) 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 outside the purview of cess, when supplied

under a separate schedule item.”

34




ANNEXURE- “III”

WORKS CONTRACT CLAUSE-13

1. In case cement, Steel, AC sheet with or without accessories, GI sheets with or without

accessories, glasses or any other materials/items are issued to the contractor(s) either free of

cost or on cost to be recovered for use on the work as stipulated in the agreement the supply

thereof shall be made in stages depending on the progress of the work, limited to the quantity

/quantities computed by the Railway, according to the prescribed specification and approved

drawings as per agreement.

The materials supplied should conform to Railway’s Specification in all respects should be

in accordance with approved sample.

All such materials supplied to the contractor(s) for the work either free of charge or on

payment as the case may be will be issued to contractor(s) at the Railway depot/godown/goods

shed and will have to be transported by the contractor to the site of work at his cost. All such

materials shall be used by the Contractor for the work in such quantities as are indicated in the

schedule or in the relevant specifications or drawings or as approved by the Engineer, whose

decision thereon shall be final. Wastage or damages of such materials in any manner shall be

totally avoided. The contractor(s) shall be liable to the accountal for all such materials issued

by Railway either free of cost or on payment excluding the permissible wastage which incase

of steel materials should not in any case exceed 1% of the total quantity required for the work

as per the approved drawings. No wastage under other items is permissible. Short lengths of

rods should also be utilized to the extent possible by overlapping joints.

The Cement, Steel, A.C.Sheets with or without accessories, G.I sheets with or without

accessories glasses or any other materials issued in excess of the requirement(s) as above, shall

be returned in perfectly good condition by the contractor(s) to the Railway at the Railway

depot/Godown/Goods shed at________immediately after completion or termination of the

contract. If the contractor fails to return the said materials then the cost of such materials issued

in excess of the requirement as computed by Railway according to the specification and

approved drawings will be recovered from the contractor(s) at twice the prevailing procurement

cost at the time of last issue viz., 2 x (purchases price +5% freight only). This will be without

prejudice to the right of Railway to take action against the contractors under the condition of

the contract for not doing/completing the work according to the prescribed specification and

approved drawings. If it is discovered that the quantity of cement, steel or any other material

used is less than the quantity computed by the Railway, according to specifications and

approved drawings the cost of materials not returned will be recovered at the same rates as

applicable to excess issue of materials, indicated in the preceding para.

35




2. It shall be the responsibility of the contractor to keep in safe custody any Railway material

plant or equipment issued for the work. The contractor shall at his own expense provide

suitable temporary shed/sheds for this purpose on the Railway land made available by the

Railway free of rent and shall remove the shed/sheds when no longer required in terms of

clause 30 of General conditions of contract.

3. If due to any reason the Railway is not in a position to make available the Railway land the

Railway Engineer-in-charge of the work may permit the contractor to erect at his own cost

shed/sheds or secure private accommodation outside the Railway premises. In such a case the

contractor may be permitted to take the Railway material required for the works outside the

railway premises and to store in the Shed so erected or private accommodation so secured. It

shall be the responsibility of the contractor to keep the railway material in safe custody and the

same should be kept entire separate from the contractors material and the Railway shall have

liberty to inspect the same from time to time.

4. The code Nos. description and rates given in the schedule are based on the printed USSR -

2010, of S.C.Railway. Any discrepancy noticed during the execution of the work, in the

working rates quantity of cement etc. should be rectified by reference to the printed schedule,

which shall be treated as authoritative and binding on the contract. The relevant notes

applicable to the respective sub chapters will apply to the items of the Tender schedule and

should be considered as having been incorporated in the contract agreement and binding on the

Contractor.

5. For any other items not specially shown in the schedule of rates appended to the tender

document, the Divisional/Executive Engineer will offer rates as shown for the_________ zone

in the South central railway printed USSR - 2010, of S.C.Railway subject to the same

percentage adjustment accepted in the contract being applicable to the additional items.

6. Railway shall not supply from its own quota to the contractors controlled or imported

commodities. Assistance will, however given by recommending to appropriate authorities.

Contractor applications for issue of import licenses and release of controlled commodities if the

Engineer is satisfied that this material is actually required by contractor for carrying out the

work and is not available in the country.

7. VARIATION OF COSTS

Price variation clause is not applicable for contract agreement value upto Rs.50 lakhs.

Time is the essence of contract

8. (a) PERIOD OF COMPLETION: The Railway expects that a resourceful and experienced

contractor should be able to complete the work in all respects within the period as

specified in the Tender Notice and in the Schedule where items of work are

furnished from the date of letter of acceptance of the Tender

(b) Extension of time of completion will be governed by clause 17 of General Conditions

of Contract. However, while granting the extension of time under clause 17(B) of

GCC, a token penalty as deemed fit based on the circumstances of the case can be

imposed on the contractor without prejudice to other rights of Railway

Administration as provided under GCC.

9. MAINTENANCE PERIOD: The work shall be maintained after completion for a period as

specified in the Schedule where items of work are furnished by the contractor and he shall

make good any defects, imperfections, shrinkages or faults which may appear at his own cost.

10. It is HEREBY AGREED that it shall be the duty of the contractor to keep himself informed of

all corrections, and amendments of the said General conditions of contract made up to the date

of the execution of these presents and no objection shall be taken by the contractor on the

ground that he was not aware of such amendments and corrections of the said General

Conditions of Contract or to any of them.

36




11. VARIATION IN CONTRACT QUANTITIES:-

The procedure as detailed below shall be adopted for dealing with variations in quantities

during execution of works contracts:

a) The Railway reserves the right to alter the designs and drawings. If due to change of

drawing or design or any other reasons, there be variations, either increase or decrease in

quantities, payment will be made only for the actual quantities executed at the accepted

rates. If there be sufficient cause the Railway may grant extension of the date of

completion suitably. Such circumstances shall in no way affect or vitiate the contract or

alter the character thereof, or entitle the contractor to damages or compensation thereof

except as provided for in this contract.

b) The quantities of each item of work furnished in the Schedule are approximate and are

intended for the guidance of Tenderer/Contractor. In actual execution of work there may

be some increase in the quantities specified. Such variation upto 25% shall in no degree

affect the validity of the contract and it shall be performed by the contractor as provided

therein and be subjected to the same conditions, stipulations and obligations originally

and expressly included and provided for in specifications and drawings and the amount

to be paid there for shall be calculated in accordance with accepted schedule rates.

(1) Prior Finance concurrence is necessary for varying the individual quantities

beyond 25% or where the gross agreement value exceeds 25% of the agreement

value.

(2) Individual NS items in contracts shall be operated with variations of plus or minus

25% and payment would be made as per the agreement rate. For this, no Finance

concurrence would be required.

(3) 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 (100% i.e. the original quantity +25% i.e. quantity

over and above the original 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 agreement 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.

37




4. The limit for varying quantities for minor value items shall be 100% (as against

25% prescribed for other items). A minor value item for this purpose is defined as

an item whose original agreement value is less than 1% of the total original

agreement value.

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

6. As far as SSR/SOR items are concerned, the limit of 25% would apply to the

value of SSR/SOR schedule as a whole and not on individual SSR/SOR items.

However, in case of NS items, the limit of 25% would apply on the individual

items irrespective of the manner of quoting the rate (single percentage rate or

individual item rate).

7. For the tenders accepted at the Zonal Railways level, variations in the quantities

will be approved by the authority in whose powers revised value of the agreement

lies.

8. For tenders accepted by General Manager, variations 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.

11. 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 quantities proposed to be reduced will not be

required in the same work at a later stage

d. In the event of any reduction in the quantity to be executed for any reasons

whatsoever, the contractor shall not be entitled to any compensation but

shall be paid only for the actual amount of work done.

e. The contractor is bound to notify the Engineer at least seven days before the

necessity arises for the execution of any item in excess of 25% of the over

all value of the agreement.

12. In case the contractor fails to attend the meeting after being notified to do so or in

the event of no settlement being arrived at, the Railway shall be entitled to execute

the extra works by other means and the contractor shall have no claim for loss or

damage that result from such procedure

38




12. Employment of Civil Engineering Graduates/Diploma-holders:

The contractor shall employ the following technical staff during the execution of this work.

i) One graduate engineer when the cost of the work to be executed is Rs.2 Crores and

above.

ii) One qualified diploma holder (over-seer) when the cost of the work to be executed is

more than Rs.25 lakhs but less than Rs.2 Crores. Technical staff should be available at

site whenever required by the Engineer-in-charge to take instructions. In case the

contractor fails to employ the technical staff as aforesaid, he shall be liable to pay a

reasonable amount not exceeding a sum of Rs.40,000/- (forty thousand only) for each

month of default in case of graduate engineer and Rs.25,000/- (twenty five thousand

only) for each month of default in case of diploma holder (over-seer)

(Modification of Cl.26 and introduction of new Cl.26A to IR’s GCC Ref: Rly. Bd.

Lr.No.2012/CE-I/CT/0/20, dt.10.05.2013.)

The decision of the Engineer-in-charge as to the period for which the required technical staff

was not employed by the contractor and as to the reasonableness of the amount to be deducted

on this account shall be final and binding on the contractor.

iii) Individuals having Diploma in Railway Engineering awarded by IPWE (India) shall also

be considered as qualified Diploma holder Engineers and contractors for track contract

works can employ such individuals at their worksite on Indian Railways.

(Ref: Rly. Bd. Lr.No.2012/CE-I/CT/0/20, dt.12.07.2013.)

Note: The above clause is not applicable for contracts for Welding of Rail joints.

13. Railway Contractors / Extension of Provident Fund Act to the Employees working under

Railway Contractors:-

The Contractor shall comply with the provisions of EPF & MP Act, 1952 and obtain code

number from the concerned authorities whenever workmen employed by him are 20 or more.

He shall also indemnify Railways from and against any claim, penalties, recoveries under the

above Act and Rules. Contractors to get the code number under the EPF so as to enable the PF

Commissioners to extend the social security benefits to the workmen engaged by the Railway

contractors. The first month’s bill will be released only after code number is taken from the PF

Office and a copy of coverage intimation produced. Subsequently for each month, bills will be

released only on submission of challans & 12 A monthly return copy in proof of remittance of

PF dues for previous month.”

14. Conservancy charges as applicable and as modified from time to time will be recovered

from Contractor’s running bills.

39




SPECIAL CONDITIONS

MODIFICATION TO CLAUSE 63 & 64 OF

GENERAL CONDITIONS OF CONTRACT

1. The Provision of Clause 63 and 64 of the General Conditions of Contract will be

applicable only for settlement of claims /disputes, for values less than or equal to 20% of the original value (excluding the cost of materials supplied free by

Railway) of the contract or 20% of the actual value of the work done (excluding the value of the work rejected) under the contract whichever is less. When

claims/disputes are of value more than 20% of the value of the original contract or 20% of the value of the actual work done under the contract, whichever is less, the

contractor will not be entitled to seek such disputes/claims for reference to

arbitration and the provisions of Clause No; 63 &64 of the General Conditions of

Contract will not be applicable for referring the disputes to be settled through

arbitration

2. The Contractor shall furnish his monthly statement of claims as per Clause 43(1) of

General Conditions of Contract. But the Contractor should seek reference to

arbitration to settle the disputes only once, subject to the conditions as per Para 1

3. The Special conditions shall prevail over the existing Clause 63 & 64 of General

Conditions of contract

40




PERFORMANCE GUARANTEE

In consideration of the President of India (hereinafter called “the Government”) having

agreed to exempt-------------------- ( hereinafter called “ the said Contractor(s)”) from the demand,

under the terms and conditions of an Agreement dated -------------- made between -------------- and --

-------------------------- for ------------------------- (hereinafter called “the said Agreement”), of Security

deposit for the due fulfillment by the said contractor(s) of the terms and conditions contained in the

said Agreement, on production of a Bank Guarantee for Rs.-----------------------(Rupees-----------------

--------only). We -------------------------------------------------- (indicate the name of the

Bank) (hereinafter referred to as the Bank) at the request of --------------------------- (Contractor(s) do

hereby undertake to pay to the Government an amount not exceeding Rs.--------------- against any

loss / damage caused to or suffered or would be caused to or suffered by the Government by reasons

of any breach by the said contractor(s) of any of the terms or conditions contained in the said

Agreement.

2. We ---------------------------------(indicate the name of the Bank) do hereby undertake to pay

the amounts due and payable under this guarantee without any demur, merely on a demand from the

Government stating that the amount claimed is due by way of loss or damage caused to or would be

caused to or suffered by the Government by reason of breach by the said contractor(s) of any of the

terms or conditions contained in the said Agreement or by reason of the contactor(s) failure to

perform the said Agreement. Any such demand made on the bank shall be conclusive as regards the

amount due and payable by the Bank under this guarantee. However, our liability under this

guarantee shall be restricted to an amount not exceeding Rs.------------------.

3. We undertake to pay to the Government any money so demanded notwithstanding any

dispute or disputes raised by the contractor(s)/supplier(s) in any suite or proceeding pending before

any court or Tribunal relating thereto our liability under this present being absolute and

unequivocal.

The payment so made by us under this bond shall be a valid discharge of our liability for

payment thereunder and the contractor(s) / supplier(s) shall have no claim against us for making

such payment.

41




4. We, -------------------------------(indicate the name of bank) further agree that the

guarantee herein contained shall remain in full force and effect during the period that would be

taken for the performance of the said Agreement and that it shall continue to be enforceable till all

the dues of the Government under or by virtue of the said Agreement have been fully paid and its

claims satisfied or discharged or till -------------------------Office/Department) Ministry of -------------

---------- certifies that the terms and conditions of the said Agreement have been fully and properly

carried out by the said Contractor(s) and accordingly discharges this guarantee. Unless a demand or

claim under this guarantee is made on us in writing on or before the --------------------------- we shall

be discharged from all liability under this guarantee thereafter.

5. We, ---------------------(indicate the name of the Bank) further agree with the Government that

the Government shall have the fullest liberty without our consent and without affecting in any

manner our obligations hereunder to vary any of the terms and conditions of the said Agreement or

to extend time of performance by the said contractor(s) from time to time or to postpone for any

time or from time to time any of the powers exercisable by the Government against the said

Contractor(s) and to forbear or enforce any of the terms and conditions relating to the said

agreement and we shall not be relieved from our liability by reason of any such variation, or

extension being granted to the said Contractor(s) or for any forbearance, act or omission on the part

of the Government or any indulgence by the Government to the said Contractor(s) or any such

matter or thing whatsoever which under the law relating to the sureties would, but for this provision,

have effect of so relieving us.

6. This guarantee will not be discharged due to the change in the constitution of the bank or

the Contractor(s) / Supplier(s).

7. We, ----------------------(indicate the name of the bank) lastly under take not to revoke this

guarantee during its currency except with the previous consent of the Government in writing.

Dated: the---------------- day of --------------- 200

For -----------------------------------

(indicate the name of the bank)

42




South Central Railway Vijayawada Division


Name of work Vijayawada division GDR-BZA-VSKP sec. - Alumino thermit

welding of rail joints as per specifications in ADEN/BPP and EE Sub-

Divisions.

Similar Nature

of work:- Any Railway track work or track maintenance work.

Sl.

No Sanctioned Est. & dt. Allocation

Amount

Rs.

1 B/W.509/XIII/473/Plg. Dt.23-10-2015 04-211-32 65,95,424/-

2 B/W.509/XIII/472/Plg. Dt.23-10-2015 04-221-32 60,16,044/-

Approx. Cash value: Rs. 1,26,11,468/-

Period of completion 11 Months

Maintenance period 24 Months

Name of the Tenderer/

Contractor

43




Schedule- 'B' List of items of works that are not covered by P-way SSR 2004. of S.C. Railway,

Vijayawada division

Sl. no

SSR No/ NS

Items.

Description of work

BBP Qty.

EE Qty.

Approx. Total Qty

Rate Rs

Unit Amount

Rs.

1 NS Thermit Welding of Rail Joints 52Kg 90UTS/60kg 90UTS new/SH single Rail/two/three/five/Ten Rail/20 Rail rail pannels to convert into

SWR/LWR/CWR in situ/on cess under traffic block/without traffic block in main line/loop line including level crossings, bridges, SEJ, glued joints, points & crossings etc. with AT welding with compressor Air Petrol/LPG pre-heating with Automatic tapping thimble & multiple use crucible with three piece pre-

fabricated Moulds with contractor's welding portion, pre fabricated three pieces Mould (Zircon washed) manually pressed for execution of welding of rail joint, skilled/unskilled labour, approved welders, pre-heating equipment, weld trimmer, profile grinder and consumable stores viz Rail Flies, petrol,

looting sand, closing pins, multiple use cruicible, Automatic Thimbles, ignition matches, asbestos powder etc., complete and as directed by the engineer in charge at site. The work will also include the adjustment of welding gap as required, loosning/tightening/removing/re-fixing of fittings and fastenings,

creation of space for mould box, alignment and leveling of rail joints as per specified tolerance, spreading of wooden gutka and putting rails on it for cess welding and the putting back rail panel on cel/yards, painting of two coats on

rail weld to protect against corrosion, and numbering joints complete, ensuring final finish and quality within specified tolerances.The rates are inclusive of

removal/replacement of defective welds and wooden blocks/gutka/wedges for cess/yard welding and depositing back released material like rails, fish-plates,

fittings and fastening with proper account at concern P.Way stores depot. Welding material supplied by RDSO approved firms shall only be used & only

RDSO approved welders to execute the work. Welding should conform to Indian Railway Standard Specification No.IRST-19-2012 WITH A&C

correction slip No.2 of june 2015 and as amended from time to time and Manual for usion welding of rails by the AT process issued by RDSO/Lucknow

Sept., 1998 or with up to date corrections. The work is to be carried out as per special conditions of contract and as directed by Engineer-in-charge.

a)

Thermit Welding of Rail Joints 52Kg,

90UTS 180 0 180 4750.06

Each Joint

855011

b)

Thermit Welding of Rail Joints 60Kg,

90UTS 80 600 680 5400.14

Each Joint

3672095

44




Sl. no

SSR No/ NS

Items.

Description of work

BBP Qty.

EE Qty.

Approx. Total Qty

Rate Rs

Unit Amount

Rs.

2 NS Manufacturing and supply of welding portions 52/60 Kg as approved by RDSO for welding of rails 52/60 Kg by the process of AT welding along with complete

accessories confirming to the specification laid down in Indian railway Standard Specification No.IRSST-19-2012 with Automatic Tapping Thimble

Technology, 3 pieces Mould (Zircon washed) Manually pressed for execution of welding of rail joint including consumable stores viz Rail Flies, 3 pieces pre fabricated moulds with Zircon wash, looting sand, closing pins, multiple use

crucible, Automatic Thimbles, ignition matches, asbestos powder etc., complete and as directed by the eningeer in charge at site. (10% extra dry

moulds shall be supplied by the contractor at free of cost) Note: Rate is inclusive of all consumables and accessories, complete and as directed by the

Engineer-in-charge.

a) 52Kg Welding

portions 700 0 700 3369.92

Each Joint

2358944

b) 60Kg Welding

portions 850 800 1650 3469.95

Each Joint

5725418

(Items two only) Total Amount Rs. 12611468

PERCENTAGE RATETO BE

QUOTED IN FIGURES

PERCENTAGE RATETO BE

QUOTED IN WORDS

45




Conditions: 1. The Tenderers are required to quote uniform percentage rate above/below/at par on the

items of the Schedule-‘A’ both in figures and words. If there is any variation in between the uniform percentage rate quoted in words and figures, the uniform percentage rate quoted in words will be taken as correct and final.

2. The quantities shown in the tender schedule are approximate and shall be operated in full or part at the discretion of the Engineer in charge.

3. Payment will be made based on the actual quantities operated/executed. 4. The Railway administration will not be responsible for the safety of contractor’s Labour

engaged for this work. 5. The lead for transportation of P-Way materials shall reckoned based on the shortest Railway

route/Road route 6. The contractor shall make his own arrangements for men, materials, tools, consumables etc.,

required for the work at his own cost and shall be responsible for safe working of trains at a restricted speed of 20 Kmph on work spot.

7. Conservancy charges as applicable and as modified from time to time will be recovered from Contractor’s running bills.

8. In the event of any accident at the work site and it is established during the departmental enquiry by the Railways that the accident occurred wholly or partly due to any act of tentamounting to negligence on the part of the Contractor or his labour in not adhering to the instructions of the Engineer-in-charge. The Contractor shall himself be liable for damage and also legal prosecution if loss of life is involved.

9. The contractor is primarily responsible for safety of traffic and also that of his staff working on track. No compensation what so ever towards damage to men, material of the contractor will be paid by railways it is essential that adequate safety measures are taken for safety of the trains as well as the work force.

10. The look out and whistle caution orders shall be issued to the trains and speed restrictions imposed where considered necessary. Suitable flagmen/detonators shall be provided where necessary for protection of trains.

11. The unloaded ballast/rails/sleepers/other P.Way materials after unloading along track should be kept clear off moving dimensions and stacked as per the specified heights and distance from the running track.

12. Supplementary site-specific instructions, wherever considered necessary, shall be issued by the Engineer in Charge.

13. The contractor is responsible for safe passage of trains. All trains will be allowed with the specific approval of SSE/SE/P.Way-in-charge in the portion of track under repairs by the Contractor. Any variation in this regard, the Contractor will be held responsible for all damages caused out of negligence manipulated by his staff.

14. The work to be carried out under traffic conditions. It is the responsibility of the Contractor to see that there is no detention or interruption to the movement of trains and ‘No Claim’ will be admissible towards loss of time/wastage of labour employed etc., that may be incurred by the contractor due to movement of trains. The rate quoted should cover all such contingencies.

15. The contractor should engage qualified engineer/retired P.Way Inspector conversant with P.Way work to supervise at his cost. Work should be taken up only in the presence of the Engineer nominated for this work.

16. It is the responsibility of the contractor to arrange for watchman to guard against theft etc., till that times the released materials is handed over to Engineer – in - charge.

17. The contractor has to carry out the above work at locations identified by the Engineer in charge at site.

18. The tenderer/contractor is responsible to lay and maintain the service approach roads at his own cost for plying of his road vehicles.

46




19. All the works is to be carried out as per IRPWM and to up to date advance correction slips.

20. The Rates for transportation includes crossing of track wherever necessary.

21. A deduction of Rs.25/- per weld will be effected on the quoted rate in the above schedule for AT SKV welds done on cess.

22. Contractor shall have to make necessary arrangement/observe suitable precautions as may be directed by the Engineer while carrying out activities/works in the vicinity of OHE conductor, such as proper earthling of staging etc.,

23. All items of work are to be carried out as directed by Engineer-in-charge at site.

24. For all items of schedule the rates quoted are inclusive of any crossing of track, if necessary.

25. Conservancy charges as applicable and as modified from time to time will be recovered from Contractor’s running bills.

26. The vehicles and equipment of contractor can be drafted by Railway administrative in case of accident/natural calamities involving human lives.

27. The number of hours, the equipments is put up use; the contractor shall be compensated as per the prevailing rate at that time inclusive of fuel charges, at least on actual basis.

28. The work should be completed within _11_ months from the date of issue of the acceptance of letter.

Place : Vijayawada Signature of the Tenderer/Contractor

Date : . .2015

47




WELDING – SPECIAL CONDITIONS OF CONTRACT

1. GENERAL

This contract shall be governed by these special conditions. Tender Conditions, Instructions to tenderers and the general conditions of contract (with the latest amendments) wherever there is any conflict between the special conditions and the tender conditions/instructions to tenderers or between the special conditions and the general conditions of contract, the special conditions shall prevail.

2. SCOPE OF WORK:

The work provides for the supply of welding portions and welding with all equipments required for welding including all consumables, petrol etc., as well as the execution of work at site by the contractor. The work shall be carried out by the contractor in accordance with IRS Specification No.IRST-19-2012 with A&C correction slip No. 2 of June 2015 and as amended from time to time and as per the provisions of the contract by deploying competent and qualified welding supervisors and welders having competency certificate issued by RDSO/LKO, Skilled/Unskilled labour required for the job mentioned in the schedule including supply of all the materials, tools, equipments and consumables like petrol etc required for the work.

3. SPECIFICATIONS FOR RAILS

The rails conform to B.S.S specification No.11 – 1936/I.R.S specification No.T-12 or UIC 869-0 & 861.3. The contractor has to arrange at his own cost a chemical analysis of rail pieces or rail borings for this purpose. The rail pieces/borings will be supplied at any place in the Railway as convenient and available free of cost if contractor so desire.

4. IRS SPECIFICATIONS FOR FUSION WELDING

Before the contractor is permitted to operate this contract, he must satisfy the Chief Engineer or Engineer-in-charge that the welding process will be successful and he will comply strictly in all respects with the provisions of the IRS specifications Serial. No.IRST-19-2012 with A&C correction slip No. 2 of June 2015 and as amended from time to time for fusion welding or reactor tests and tests on test welds specified in the said IRS specification Serial. No.IRST-19-2012 have to be carried out. If the results of tests fail to satisfy the Chief engineer or Engineer-in-charge even after repeating once, the contract will be cancelled forth with and the contractor will have no claim against the Railway on this account. The Security Deposit, deposited by the contractor will be forfeited in such cases. Rail pieces can be purchased from the Railway Administration. Also the cost of testing and charges incidental thereto such as transport etc will be borne by the contractor as per clause B of the said IRS-T-19-1994 with A&C correction slip No. 2 of June 2015 and as amended from time to time.

5. ESSENTIAL QUALIFICATIONS OF CONTRACTOR.

The contractor will provide trained welders and sufficient skilled and unskilled labour for the work mentioned in the Schedule. The welder shall have the competency certificate as provided in Part-C IRS Specifications Serial. No.IRST-19-2012 with A&C correction slip No. 2 of June 2015 and as amended from time to time.

6. CONTRACTOR’S LIABILITY

The Railway Official incharge will make necessary arrangements for the safe working of trains and this will not relieve the contractor of the liability for indemnifying the Railway against all cost, damages and charges or expenses in case the Railway becomes liable to pay costs, damages, charges or expenses due to negligence of the contractor. The decision of the Railway Administration, as to whether or not there has been negligence on the part of the contractor, shall be final and binding on the contract.

48




7. ALLIGNMENT LEVEL AND FINISH:

All Rail cuts shall be made with mechanically operated abrasive rail saws. Manual cutting of rails is not permitted. The contractor will ensure that the rails are set to correct alignment and level before welding either in track or on CESS. He shall be responsible for the proper filing and grinding of both faces of joints, their finish after welding and for the satisfactory results of the welding. He shall remove all kinks and twists in the rails particularly within 2M from joint, on both sides. The contractor shall take full responsibility for the welding of rail joints and for the satisfactory quality of the weld both metallurgical and dimensionally. Manual chipping of weld collar is not permitted. Weld trimmers shall invariably be used for removal of weld collars.

8. MARKING

Each joint shall have a distinctive mark indicating, month, year, welder’s code and weld number on the web of the rail in the vicinity of the welded joint in the following manner.

Details of marking should be painted at approximately 300mm from the joint on web of the rail with white paint on black background. The agency and specific person number (for welder) shall be as per the Clause 16.6.4. The welded joints shall be serially numbered in a kilometer. Repair welds/additional welds done at a later date may be given continuing weld number in that kilometer. For example, the last thermit weld number in a particular kilometer was 88 and subsequently a thermit weld has been executed, it shall be numbered 89, irrespective of its location in that kilometer. In addition to this, firms initial (two letter code) and year of manufacture (last two digits of the year) shall also be embossed on the mould to appear on web collar.

9 INSPECTIONS

1. The welds shall be tested for acceptance ultrasonically and dimensionally in terms of clause 18 of IRS specification Specifications Serial. No.IRST-19-2012. The Test Welds shall also pass the hardness and transverse load test in terms of clause 4.2 of IRS Specifications Serial. No.IRST-19-2012 with A&C correction slip No. 2 of June 2015 and as amended from time to time

2. Welds shall be tested ultrasonically to detect flaws by Railways normally when a sizeable quantity of welds is available for testing or once in a month as per practical feasibility.

3. Program of USFD testing will be given by railway to the welding supervisor of contractor available at site. If he wishes to be present during the USFD testing, he can present.

4. A penalty of Rs.500/- shall be recovered for each weld found defective (in USFD testing) beyond 2% and upto 4%. A penalty of Rs.1000/- shall be recovered for each weld found defective (in USFD testing) beyond 4%. The defective percentage shall be calculated for a group of 500 welds or part thereof.

5. In case the defective welds (during initial USFD testing) exceed 4% the certificate issued by RDSO to the Welder is deemed to have been cancelled and welder will have to go through the process of re-certification. Till fresh certification is issued that welder shall not be allowed to do any further welding.

Month Last Two digits of year Agency Specific person number Weld No.

49




6. In case the contractor desires to have second time USFD testing of welds for any particular location or weld(s), he can make formal request to Railway and Railway will arrange second testing. For such second time USFD testing a charge of Rs 50/-(rupees fifty only) per weld shall be levied on the contractor. These charges shall be recovered from contractor’s bills.

7. Third USFD testing shall not be under taken by Railway under any circumstances.

8. Decision of Railway regarding marking any weld as defective or otherwise shall be final and binding on the contractor.

9. Renewal of Faulty Joints:The contractor shall be responsible for satisfactory service of welded joints during the guarantee period of two years as specified in the specification. A sum equal to 1% of the total amount billed will be kept as Security Deposit for 2 (two) years or the extended period of three years after execution of work as necessary. During this period, for every failed joint if not rewelded by the contractor at his cost, three times the cost of welding one rail joint, now being paid to the contractor, will be recovered from his dues. The firms (RDSO approved) who are holders of standing Security Deposit of Rs.3 lakhs are exempted from payment of 1% retention money.

10. ACCOMMODATION

No accommodation (either permanent or temporary) will be arranged by Railway. Accommodating contractor’s staff, plant / tools / equipment / consumables etc., contractor shall arrange his own accommodation for carrying out work

11. USE OF PUSH TROLLY.

No transportation arrangements by push trolley/motor trolley will be arranged to the site of work. The contractor shall arrange himself all transportation facilities required for the satisfactory completion of work at his cost.

12. HOURS OF EMPLOYMENT:

The hours of employment regulations with which the contractor must make himself acquainted shall be strictly obtained by him. 13. PATENTS:

The contractor shall not directly or indirectly use any invention for the time being the subject of laters patent so as to infringe such patents of so as to involve the Railway in any infringement thereof and the contractor shall hold the Railway harmless and keep the Railway Indemnified against all costs, damages, charges or expenses, arising out of or in connection with any such infringements.

14. PERIOD OF WORK AND WORKING SEASONS:

No work shall be carried out between sunset and sunrise. The welding works should not be done during heavy rains. Work during light rains may be done in accordance with the local instructions, at the direction of the Engineer-in-charge with all due precautions to obtain a good weld.

15. CHANGE IN LOCATION OF WORK:

The Railway reserves full right to change the Kilometrages within the division without the consent of the contractor.

50




16. TEST WELDS:

To enable the Railway to carry out the test as specified in clause 18.3 of the IRS Specifications Serial. No.IRST-19-2012, one out of every 100 joints welded per batch selected by a Engineer-in-charge shall be subjected to hardness and traverse test as per clause 4.2 of IRS Specifications Serial. No.IRST-19-2012 with A&C correction slip No. 2 of June 2015 and as amended from time to time and the test joints shall comply with the provisions laid down therein. Contractor will not get any payment for these test welds. In the event of failure of test joints in any of the requirement of specifications, the Railway will be at liberty to suspend further welding. However, two more random selected from the same lot of 100 joints shall be subjected to retest as per clause 4.2 of IRS Specifications Serial. No.IRST-19-2012 with A&C correction slip No. 2 of June 2015 and as amended from time to time. But both the joints shall clear all the tests. If this report is also not satisfactory further welding work shall be suspended and until firm has examined the welding technique and satisfied the requirement of clause 4 of IRS Specifications Serial. No.IRST-19-2012 by welding one test joint. The clearance for recommencement of welding shall be given by RDSO as per clause 18.3.1 of IRS Specifications Serial. No.IRST-19-2012 with A&C correction slip No. 2 of June 2015 and as amended from time to time.

17. GUARANTEE

Rail joints welded by a firm shall be guaranteed against failure for a period two years from the date of welding the joints in track or from the date such welded joints made ‘In cess’ are inserted in the track. Any such welded joint which fails within the guarantee period shall be re-welded free of cost by firm as per stipulations of para 6.4 of Manual for fusion welding of rails by the Alumino Thermic Process.

In case of failure of sample test joint (refer para 7 of Manual for fusion welding of rails by the Alumino Thermic Process.) , the period of guarantee for 100 joints represented by the sample joint shall be extended for a further period of one year. In case of failure of joints or joints exhibiting signs of failure by cracking within extended period of guarantee, the joints shall be re-welded free of cost by the supplier as per stipulations of para-6.4 of Manual for fusion welding of rails by the Alumino Thermic Process.

The welded joints with the extended period of guarantee shall be marked ‘X’ with yellow paint on the outer side of the web of the rail near the joint in addition to the marking prescribed in para 5.6 of Manual for fusion welding of rails by the Alumino Thermic Process . Such marked joints shall be kept under careful observation by the purchaser.

18. TESTS AND TRAILS.

The testing of welding joint taken out for testing as per clause 18.3 of IRS Specifications Serial. No.IRST-19-2012 with A&C correction slip No. 2 of June 2015 and as amended from time to time will be done at the Railway’s laboratory or at any other testing center to be chosen/by Railway to which access will be given to the contractor if so desired. The cost of testing shall be borne by the Railways.

19. ITEM TO BE ARRANGED BY CONTRACTOR

The contractor shall arrange all necessary welding materials, plant and equipment for the welding work including complementary and incidental items such as preparation of moulds and finishing the welds to the required tolerance etc. Also contractor shall arrange all tools himself for lifting, placing in position and alignment of rails etc.

51




20. FAILURE OF JOINTS DURING GUARANTEE PERIOD.

The contractor shall guarantee and be responsible for the satisfactory performance of the welded joints for a period of Two years from the date of welding. In case, if any joint fails during the aforesaid guarantee period and the contractor fails to reweld it free of cost as per clause 19.1 of IRS Specifications Serial. No.IRST-19-2012 IRS Specifications Serial. No.IRST-19-2012 with A&C correction slip No. 2 of June 2015 and as amended from time to time.

Three times the cost of one weld paid to the contractor in terms of agreement will be deducted from his dues. For this purpose, a sum of equal to 1% of the value of the work executed by the contractor will be kept as retention money till the expiry of a period of 2 years from the date of welding is completed or the extended period three years in terms of clause 19.2 of IRS Specifications Serial. No.IRST-19-2012 IRS Specifications Serial. No.IRST-19-2012 with A&C correction slip No. 2 of June 2015 and as amended from time to time.

21. TESTING ALUMINIUM CONTENT

The testing charges for estimation of aluminum content by spectrographic method in thermit steel at the rates as may be fixed by the RDSO/RITES from time to time to be borne by the contractor wherever such an estimation to Aluminium is to be done by RDSO/ RITES.

22. MEASURING DEVICES

The contractor shall ensure that each welding gang is provided with the metre long steel of aluminum straight edges, one ten centimeter long steel straight edge and set of feeler gauge measuring units of 0.1 mm to 7.0 mm.

23. DEFECTIVE JOINTS.

Defective joints specified in clause 18.1 & 18.2 of IRS specification Serial No.IRST- 19-2012 IRS Specifications Serial. No.IRST-19-2012 with A&C correction slip No. 2 of June 2015 and as amended from time to time. All the welded joints shall ultrasonically test by the purchaser (Railway representative) as per the procedure for the ultrasonic testing of thermit welded rail joint. All the joints classified as defective shall be cut and rewelded by the contractor / welding term with their portions, equipments, labour and consumables at free of cost, such re-welded joints shall also be tested ultrasonically and if found defective, again cut and welded free of cost.

Where one bad joint is required to be replaced by two new joints, the entire cost of both the joints is borne by the firm. Such re-welded joint shall also be tested ultrasonically and if found defective shall again be cut and rewelded free of cost”.

For such re-welding, necessary rail cuts are to be made by contractor at his cost . Required cut rail will be supplied by Railway nearby or at nearest yard. Contractor has to bring the rail to required spot and renew the rail for welding at his own cost.

24. PAYMENT TO THE CONTRACTOR

i. No sum shall be considered as earned by or due to the contractor in respect of any work until its final and satisfactory completion has been established. But on account payments may be made to him from time to time , depending upon the progress from time to time at such intervals between them as in the opinion of the Engineer shall be proper, having regarding to the progress of work and payment made to the contractor in accordance with such measurements.

52




ii. No advance payment will be made against supply of portions. 95% of payment will be paid on completion of welding and finishing of joints after satisfactory test results. Balance 5% will be released after weld joints are tested and passed by USFD examination. Portions shall be under the custody of Contractor only.

iii. However, before starting of using of any batch of portions, necessary RDSO inspection Certificate for those batches have to be submitted by the contractor’s representative to the Engineer-in-charge at site.

25. PRICE VARIATION DUE TO ALUMINIUM

The accepted rate shall be based on controlled rate including excise, but excluding sales tax of commercial grade aluminum ingot or the controlled rate prevailing on the date of opening of tender. Any variation in the rate of aluminum due to governmental action shall be to Railways account. The variations are applicable only for those joints welded with the portions dispatched from the contractor’s works, after the date of official notification of such variation in the price of aluminum. The contractor will produce aluminum manufacturer’s certificates or MMTC certificate to the satisfaction of the Railways. For the purpose of determining the variation in prices the quantity of aluminum per welded joint shall be taken as per the following.

Section of Rails Qty. of Aluminium per welded Joint in Kg. 52 Kg. … 2.44

60 Kg … 2.84 90 R … 2.20

Escalation/de-escalation amount will be paid/deducted by the Railway from contractor’s bills provided contractor produces aluminium manufacturer’s certificate along with the bill for escalation/de-escalation.

The Aluminium rate prevailing on the date of testing recorded in RDSO’s Test Certificate will be the basis for affecting increases/ decrease in the rate of joints welded with those portions. For every Rs.10/- per MT increase/decrease in the rate of CG aluminium (including ED) the Railway Administration shall make additional / Reduced. Payment of paise 2.84 per joint for 60 Kg, Paise 2.44 per joint for 52 Kg. And Paise 2.20 per Joint for 90R welds. The increase/ decrease will be applicable for the joints for which portions are tested on or after the date on which price of CG aluminum is increased/ decreased, subject to production of documentary proof.

26. PRICE VARIATION DUE TO GOVERNMENT LEVIES:

Any increase or decrease of excise duty during the currency of contract compared to the excise duty prevailing on the date of tender opening will be to Railways account subject to the production of authentic documentary proof of increase/decrease in Excise duty to the satisfaction of the Railway. The tenderer should indicate the percentage of Excise duty prevailing on the date of submission of the tender. For every increase/decrease of 1% (one percent) in the rate of excise duty, the quoted rate shall be increased/decreased by Rs.2.50 (Rupees two and paise fifty only) per joint.

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27. PRICE VARIATION DUE TO MODVAT SCHEME.

The price to be quoted by the tenderer should take into account; the credit availed on inputs under the MODVAT Scheme introduced with effect from 1.3.86. the contractor should give a declaration that any set offs in respect of duties and inputs as admissible under law is being totally and unconditionally passed on to the purchaser in the price quoted by him.

28. TAXES:-

The quoted rates should be inclusive of all taxes, including excise duty payable on the date of opening of the tender on welding portions direct or indirect leviable under Central or State or Local bodies act or rules, octrois, tolls, royalties, seigniorages, cess and similar imports that may be prevailing from time to time in respect of land, structures and all materials supplied in the performance of this contract. No variation in any taxes will be on Railway’s account except increase/decrease in excise duty as detailed in para-30.

As per act No.18 of 1985 dt.18.9.95 Government of AP General Sales Tax act 1957 is amended and works contract came under purview of sales tax. As such the tenderers are advised to take note of the sales tax leviable under works contract and quote their rate accordingly.

30 CARTEL FORMATION:

a. Whenever all or most of the approved firms quote equal rates and cartel formation is suspected, Railways reserves the right to place order on one or more firms with exclusion of the rest without assigning any reasons thereof.

b. Firms are expected to quote for a quantity not less than 50% of the tendered quantity. Offers for quantity less than 50% of tendered quantity will be considered unresponsive and liable to be rejected in case Cartel Formation is suspected. Railways however reserve the right to order on one or more firms any quantity.

c. The firms who quote in cartel are warned that their names are likely to be deleted from list of approved sources.

d. The present policy of distribution of ordering quantities on approved sources and new sources, based on the status of approval obtaining on the date of Tender opening will be followed in normal circumstances. However, in tenders, where cartel formation is suspected, the purchaser will be free to distribute the ordering quantities in any manner deemed fit in the interest to the administration ignoring the status of approval.

31 PROCUREMENT FROM APPROVED SOURCES:

1. Offers received from RDSO approved firms will only be considered. The status of the firm shall be reckoned as on the date of tender opening and not hereafter, unless a case of downgrading/removal / suspension / banning.

2. Wherever sources have been approved by RDSO under part-I and Part-II, ordering on Part-II sources shall not be more than 15% of the total quantity or the highest quantity of a past order successfully executed in this Railway, whichever is higher. However, Railways reserves the right to distribute the tendered quantity amongst the RDSO approved firms depending upon their performance and manufacturing capabilities. The Railways decision in this regard shall be final and binding.

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32 COMPLETION PERIOD:

1. Work is to be completed with in eleven months from the date of issue of advice of acceptance of the offer.

2. In case of supply of portion along with accessories, Supply is to be completed within eleven months from the date of issue of advice of acceptance of the offer either on quarterly pro-rata basis or as and when required by the Engineer-in-Charge. However, tenderer shall indicate monthly rate of supply for whole or part quantity clearly, if part quantity is acceptable. Time is the essence of contract and the material is urgently required.

3. Railway reserves the right to order part quantity and the tenderer shall abide by the same.

4. The manufacturer shall dispatch the accepted portion immediately to the consignee so

as to reach the consignee within 30 days from the date of issue of Inspection certificate

Place: Vijayawada Date: - - 2015 Signature of Tenderer/contractor

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Annexrue-A.

DETAILS OF CONSUMABLE & ACCESSORIES REQUIRED.

S No Consumable Name Qty required Remarks

01 Three piece pre-fabricated Mould

One set/ each portion 10% extra has to be supplied.

02 Looting sand One packet/each portion 10% extra has to be supplied.

03 Crucible charger Two no/100 portions.

04 Magnaside powder Twelve Kg/100 portions For crucible lining repair

05 Sodium silicate 1.50 litres/100 portions For crucible lining repair

06 Auto Tapping Thimbles One no/each portion ------

07 Asbestos Powder Half Kg/100 portions ------

08 Mould Shoe Two pairs/100 portions. ------

09 Closing Pins One no/each portion 10% extra has to be supplied.

10 Ignition matches One no/each portion 10% extra has to be supplied.

Place: Vijayawada Date: - - 2015

Signature of Tenderer

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SAFETY PRECAUTIONS TO BE TAKEN AT WORK SITE. 1.1. 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 works, viz., earthwork for parallel railway

line, supply of ballast for new or existing railway line etc. road vehicles are necessarily to be used in

railway land next to the railway line, the contractor shall apply to the Engineer-in-charge for granting

permission giving the type and number of individual vehicles, names and license particulars and

permanent addresses of drivers, location, duration and timings for such work/movement. The

Engineer-in-charge or his authorized representative will personally counsel, examine and certify the

road vehicle drivers, contractor’s flagmen and his supervisors to be deployed on the work, location,

period and timing of the work.

This permission will be subject to the following obligatory conditions:-

i) The Road vehicle will ply only between sunrise and sunset.

ii) Nominated vehicles and drivers will be utilized for work in the presence of at least one flagmen

and one supervisor or his representative certified for such work.

iii) The vehicles shall ply 6 Meters (from Centre of Track) away from track. Any movement

/work at less than 6 Meters and up to minimum 3.5 Meters clear of track center shall only be

done in presence of railway employees authorized by the Engineer-in-charge . No part of road

vehicle will be allowed at less than 3.5 Meters from track center.

iv) The Contractor shall remain fully responsible for ensuring safety and in case of accident, shall

bear the cost of all damages to the equipments and men and also damages to railway and its

passengers.

v) Engineer-in-charge may impose any other condition necessary for a particular work or site.

1.2.1. The Contractor at all times shall adopt safe working methods to ensure safety of

structures, equipments and labour at site of works. 1.2.2. The contractor shall not start any work without the presence of Railway supervisor or his

representative authorized by ADEN-in-charge and Contractor’s supervisor at site. 1.2.3. The methodology proposed to be adopted by the Contractor is to be approved by

Engineer-in-charge with a view to ensure of 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.

1.2.4. There shall be an assurance Register kept at each site, which will have to be signed by

both, ie., 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.

1.2.5. Survey of site by Supervisor of contractor and Railway’s Supervisor is to be done to

assess precautions to be taken at site for working of trains and materials required for

protection.

1.2.6. The list of permissible / sanctioned infringements to moving dimensions for the section

shall be made available where work is to be done to execute the works without infringing the moving dimensions.

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1.2.7. Competency certificate issued by ADEN-in-charge with the Contractor’s supervisor at site

should be available in the format given in Annexure-I.

1.2.8. The detailed plans for safe execution of works, duly approved by the Division should be available for undertaking execution of such works which have bearing on moving

dimensions, especially those works close to the running lines and fixed structures on brides, inside tunnels etc.,

1.2.9 Look-out caution, speed restrictions as well as traffic block shall be ensured where necessary for execution of works affecting running lines.

1.2.10 Mobile phones or Walky-Talkie sets where necessary should be provided at work sites.

1.3. Precautionary measures to be taken at work site away from the track:-

1.3.1. Trenches and foundation pits should be adequately and securely fenced, provided with

proper caution signs and marked with red lights at suitable intervals during night to avoid

accidents. Adequate protective measures should be taken to see that the excavation

operations do not affect or damage adjoining existing buildings.

1.3.2. Proper precautions should be taken for safety of persons and adjoining property before

undertaking any blasting operation. Red flags should be prominently displayed around

the area to be blasted. All the people on the work except those, who actually light the

fuses, should be withdrawn to a safe distance of not less than 300 meters from the

blasting site. Recommendations given in I.S. 4081:1986 should be followed for safety

during various operations involved in the process of blasting.

1.3.3. Suitable scaffold should be provided for workman for all works that cannot be safely

done from the ground or from solid constructions except such works which can be done

safely from ladders for a short period. When a ladder is used, extra labour should be engaged for holding the ladder and if the ladder is used for carrying materials as well,

suitable foot holds and handholds should be provided on the ladder and ladder should be given an inclination not steeper than 4 to 1 ( Four vertical to one Horizontal).

1.3.4. Workers employed on mixing asphalt materials, cement and lime mortars should be provided with protective hand and footwear and protective goggles.

1.3.5. Workers employed in white washing and stacking of cement bags or any materials which are injurious to the eyes should be provided with protective goggles.

1.3.6. Workers engaged in welding works should be provided with welder protective eye-

shields, single piece cotton cloth and shoes.

1.3.7. Stone breakers should be provided with protective goggles, leg-guards and protective

clothing and they should be seated at sufficiently safe distance from each other.

1.3.8. A fully equipped First-Aid Box should be maintained at site by the Agency with at least

one person fully trained to give First-Aid.

1.3.9. Inflammable articles such as Petrol, oil etc., should be stored separately from other

materials and all prescribed precautions as per the Indian Explosive Act should be taken.

1.3.10. In the Bridge work, Track works, repairs to tunnel and demolition of structures through

contractual Agency, the safe working and ensuring safety of workman employed should

be specifically laid down in the contract itself.

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1.4. Precautionary measures to be taken at work site in vicinity of track:- 1.4.1. Drivers of trains must be served with caution order to look out for any obstruction at the place of

work.

1.4.2. Arrangements should be made to protect the track in case of emergency at work site.

1.4.3. Before the start of the work, the land strip adjacent to the running track where road vehicle /

machinery is to ply for the work shall be demarcated by lime in advance at the appropriate

distance from the centre of existing track in consultation with the Railway Supervisor[Annexure-

IV(A)]. Sketch showing the location of marking and barricading along the full length of the work

area should be done as per the sketch given in [Annexure-IV (B)]. This will enable the workmen

posted at the site and also the lorry drivers to have clear guidelines on the movement of vehicles.

1.4.4. Movement of Lorries near the track should be prohibited during night. In case it is unavoidable

adequate protective measures including lighting must be ensured in the complete work area for the safety of the Public and Passengers. Also additional staff shall be posted as necessary for

night working.

1.4.5. Work should not be allowed to progress without the prior approval of the Engineer-in- charge in

case movement of vehicles close to the track is involved.

1.4.6. Machines and vehicles should ply 6 meters (from Track centre) in case movement at less than 6

meters away from the track is inescapable, it should be permitted in the presence of Railway

employee authorized by the Engineer-in-charge.

1.4.7. Contractor’s representative should be issued a certificate by ADEN to the effect that they have

acquired sufficient knowledge about the safety precautions that are needed to be followed while

working near the track.

1.4.8. The worksite shall be suitably demarcated to keep public and passengers away from work area.

Necessary sign boards such as Work in progress etc. shall be provided at appropriate locations

to warn the Public / passengers.

1.4.9. Check lists given in Annexure-II and III shall be used to ensure that all the requisite measures

have been taken before start of work and work in progress.

1.4.10. All temporary arrangements required to be made during execution of work shall be made in such

a manner that moving dimensions do not infringe. Necessary checks shall be exercised by Site in-

charge from time to time.

WORKING OF CONTRACTOR’S VEHICLES AT SITE

a. When the contractor’s vehicles are to be worked closer to 6m but not less than 3.5m from center line of the running track (Annexure-VA)

i) Drivers of vehicle shall be briefed about safety and precautions to be taken while moving/working close to traffic.

ii) Demarcation of the land shall be done by bright coloured red ribbon/nylon rope of 12mm thick suspended on 75cm high wooden/bamboo posts at a distance of 3.5m from center line of nearest running track as shown in (Annexure-IVC)

iii) Contractor shall ensure the road vehicle/Machinery ply in a way so that these do not infringe the line of demarcation.

iv) Presence of an authorized Railways representative shall be ensured before plying of vehicles or working machinery.

59




v) Railway supervisor shall issue suitable caution order to drivers of approaching train about road vehicles plying

or machinery working close to running tracks. The train drivers shall be advised to whistle freely to warn about the approaching train. Whistle boards shall be provided wherever considered necessary.

vi) Lookout men shall be posted along the track at a distance of 800m from such locations, which will carry red flag and whistles to warn to the road vehicles/machinery users about the approaching trains.

vii) On curves where visibility is poor, additional lookout men shall be posted. viii) In unusual circumstances, where operator apprehends infringement to track while working truck/machinery

near running track, following action shall be taken: a) The contractor /supervisor/vehicle operator immediately advise the situation to Railway official and assist him

in protecting the track. b) Protection shall be done for other emergencies.

2. When the contractor’s vehicles are to be worked close to 3.5m from center line of running track: i) Plying of vehicle or working of machinery closer to 3.5m of running track shall be done under protection of

track. Traffic block shall be imposed wherever considered necessary. The site shall be protected as per the sketch given in (Annexure-VB) and the provisions of Para No. 806 & 807 of P-way Manual as the case may be.

ii) Presence of a Railway supervisor shall be ensured at work site. iii) Railway supervisor shall issue suitable caution order to drivers of approaching train about road vehicles plying

or machinery working close to running tracks. The train drivers shall whistle freely to warn about the approaching train.

3. Parking of vehicles or construction machinery: i) No vehicle or construction machinery shall be parked in unmanned condition on a gradient sloping towards

running track. ii) Even on level ground or gradients sloping away from the track, vehicles or construction machinery shall be

parked in unmanned conditions at a minimum distance of 6m from nearest track center in fully braked condition. In addition to brakes, suitable wedges shall also be applied on all the wheels.

4. TRAINING

Training in safe working methods for both along and on the track should be imparted to supervisors /operators of the work executing agencies. Such training may be imparted at zonal/divisional training schools for required duration as deemed fit, with a view to ensure that the field staff engaged in such works get acquainted with the safety precautions that are needed to be taken while executing the works.

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ANNEXURE - I

COMPETENCY CERTIFICATE

Certified that Shri………………………………………………….

P.Way supervisor of M/s. …………………………… has been

Examined regarding P.Way working on ………………………….

Work. His knowledge has been found satisfactory and he is capable of

Supervising the work safely.

ASSISTANT ENGINEER

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ANNEXURE – II

CHECK LIST (BEFORE STARTING THE WORK)

Name of the work : ………………………………………………………………………………

Location …………………………………………………………………………………………

Duration of the work : From …………………………… To …………………………………

Sl. No

Details Yes No

1 Contractor’s supervisor identified / Selected. Who is going to be site in-charge?

2 Training imparted to contractors supervisor & Certificate issued?

3 Work site inspected by Constructions supervisor / other department’s supervisors along with contractor’s supervisor?

4 Precautions to be taken identified and listed?

5 Plan of work, drawn out by contractor’s supervisor in consultation with Railway’s supervisor?

6 Plan of work, brought to the knowledge of open line AEN/IOW & PWI?

7 Before start of the work, proper lime marking / barricading had done at site of work?

8 Men deputed for protection of track along with safety equipments?

9 Caution order issued for the train drivers in case work is being done within 6mts of centre of running track?

10 Drivers of vehicles/machinery being used have been identified?

11 Drivers of vehicles/machinery briefed about the safe working?

12 Sufficient lighting provided at site of work for night working?

13 Infringements checked?

14 Sectional (Open line) AEN/PWI/IOW have satisfied themselves regarding safety arrangements?

15 Availability of Walkie –Talkie sets for communication?

Signature of construction/ Other departments Supervisor Date:

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ANNEXURE – III CHECK LIST

( WHILE WORK IN PROGRESS )

Name of the work : ………………………………………………………………………………

Location …………………………………………………………………………………………

Duration of the work: From …………………………… To …………………………………

Date of inspection ……………………………………………………

Sl.No

Details Yes No

1 Does the contractor’s supervisor have the certificate?

2 Does the knowledge of contractor’s supervisor on safety of track & work site is up to the mark?

3 Is the Railway’s supervisor of Construction Organization/other departments available at site?

4 Is knowledge of Railway’s supervisor O.K.?

5 Is lime marking/barricading done?

6 Are adequate safety precaution taken? 7 Are communication facility (Walkie – Talkie sets) available at

site?

8 Are only identified drivers driving the vehicles/machinery?

9 Is whole work site safe for working of men/vehicles & trains?

10 Are adequate lighting arrangements done at site?

11 Are adequate protection equipment available at site?

12 Is caution order to trains being issued?

13 Are train drivers following the enforced temporary speed restriction?

14 Has work permit been taken for working in Electrified territory/Station yards (P &C areas)

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ANNEXURE – IV

(A)Marking of Line with Lime

3500mm

150 mm wide white line with lime

Vehicle / trucks can ply in this` area

(B) Provision of Barricading

3500mm

Barricading

Luminous tape/Red Colour Nylon Rope 12 mm thick

Post (Bamboo / Steel / Concrete)

1200mm

3500mm 3500mm 3500 mm

C) Elevation of Barricading

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ANNEXURE –V

A) Plying of Vehicles/Machinery between 3.5 mts.

to 6.0 mts from centre of track

3500mm

Contractor’s supervisor Railway’s supervisor

150 mm wide white line with lime

6000mm

B) Plying of Vehicles / Machinery within 3.5 mts from center of track

DN LINE

Banner flag in day time / HS lamps in night

detonators

UP LINE

1200 metres

3500mm detonators

Contractor’s supervisor Railway’s supervisor

65




SPECIAL CONDITIONS (INDIAN RAILWAYS - TRACK WORKS)

1. The sleepers, rails and fastenings will be supplied by the Railways at for carrying out the work

2. All the released materials as per the inventory taken by the ADEN/PWI has to truck out the materials and hand over to the department depot by the contractor, if

any loss or damage occurred for the released materials, the cost of the same which will recovered from the contractor’s bills as per the extent rules and certificate in

the bill has to be furnished by the ADEN/PWI stating that all the released materials are returned and accounted for the relevant register duly giving page No and date.

3. No plant or machinery will be supplied by the Railway for this work. It is the

contractor’s responsibility to supply at his own cost, any materials and plant,

machinery required for this work.

4.Sales tax Royalty fees, and control duties if any be payable under State

Government sales Tax Act or Local bodies Act or rules on any of the materials that

may be used or supplied by the Contractor will be payable by the contractor. The

Railway will neither pay the taxes nor duties not be bound to compensate the

contractor for any amounts paid by way of these taxes or duties.

5. For any items of work in the event of these being any conflict in the working or

drawing referred to in the schedule and specifications of work, ;the former shall

prevail. The decision of Engineer-in-charge will be final in all such matters.

6. Use of raw materials secured with Government assistance where any raw

materials for the executing of the contract are procured with the assistance of Government either by issue from Government stocks or purchased under

arrangements made on permits of license issued by the Government, the contractor shall hold the said materials as trustee for Government and use such materials

economically and solely for the purpose of the contract against which they are issued and not disposed them without the permission of Government and returned if

required by the purchaser all surplus of unserviceable materials that may be left with him after completion of the contract as Government may fix the due regard to

the condition of the materials The freight charges for the return if the materials

according to the direction of the purchase shall be borned by the Contractor, in the

event of the decision of Government shall be final and conclusive. In the event of

any breach of the afore said condition, ;the contractor shall in addition to the owing

himself open action for contravention of terms of the licenses, the permit and for

any reason whatsoever on his being paid such price or for original breach of trust be

liable for account to government for all money advantageous or profit resulting of

which is in the usual course and would have resulted him by reason of breach.

7. The work shall be maintained by the contractor after certified date of completion

for a period of two months and he will make good any defects imperfections,

shrinkage or faults which may appear during the period of maintenance at his own

cost.

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8. If due to any reason, the Railway is not in a position to make available the

Railway Land the Railway Engineer-in-charge of the work may permit the

contractor to erect at his own cost shed, sheds or secure private accommodation out

side the Railway premises. In such a case, the contractor may be permitted to take the Railway materials required for the work out side the Railway premises and to

store in the shed so erected or private accommodation, so secured. It shall be the responsibility of the contractor to keep the entirely separate from the Contractor’s

materials and the Railway shall be at liberty to inspect the same time to time. 9.SPEED RESTRICTIONS

9.1 Speed restrictions as required for safety of traffic will be arranged by the Engineer-in-charge. No work on the track should be completed until the

permanent way Inspector of the Railway has imposed the speed restrictions are

erected speed indicators.

9.2 After a speed restriction is imposed, the contractor shall progress with work in

a systematic manner.

9.3 Long length of track under speed restrictions should avoided.

9.4 If the contractor fails to employs adequate labour for attention to the track so as to

permit the train to go at restricted speed, the Railway will take action to employ

such labour as it is necessary at the risk and cost of the contractor to attend to track

and make it fit for passage if trains at the prescribed speed.

9.5 Caution watchman as necessary during day and night would be arranged for free by

the Railway.

9.6 The work should be executed in a work man like manner to the satisfaction of the

Engineer-in-charge. In the event of any accident at the work spot departmental enquiry will be held by the Railway or enquiry by CRS will be held. If it is

established that the accident occurred wholly or partly due to any act tentamounting to negligence on the part of the contractor or his labour, the

contractor shall render himself liable for all damage and also legal prosecution if loss of life is involved.

10. Contractor’s supervision. 10.1 The Contractor shall employ and post at site a technical supervisor who should be

adequately qualified and well experienced in execution of Permanent Way Works.

The name, particulars of technical qualifications and record of experience of the

supervisor employed should be advised to the Engineer-in-charge. If in the

opinion of the Engineer-in-charge the supervisor is not fit to be in-charge of the

work should be forth with replaced. In this matter, the opinion of the Engineer-in-

charge will be final and binding on the contract.

10.2 No work on the track should done unless and until the PWI, Contractor’s technical

supervisor is present at site.

11. The completion period for the entire work is the essence of the contract and

suitable arrangements should be made for the progressive execution of the work so

that the entire work is completed within months from the date of issue of

letter of acceptance of the tender.

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12. The minimum progress for the complete track renewals and through sleeper

renewals and the penalties for slow progress is as under vide this office letter No. B/w.496/I/4 dated 17-2-1988.

i) For CTR and TSR works 3 (three) kms per month. ii) For TRR and Deep screening work 4 (four) kms per month

iii) For every lineal metre of shortage, recovery of the following rates should be made from the contractor’s bills.

Complete track renewals Rs.10/- per metre of shortage. a) Through sleeper renewals Rs.8/- per metre of shortage

b) Deep screening Rs.6/- per metre of shortage

c) Through rail renewals Rs.4/- per metre of shortage

13. The quantities shown in the tender schedule are approximate and will be

operated in full or part at the discretion of the Engineer-in-charge.

14. Payment will be made based on actual quantity/items operated.

15. The existing rails, sleepers and fastenings from the track shall be removed

including excavation, etc., with utmost care to avoid any damage to the rails,

sleepers, and fastenings, etc., shall be neatly removed re-laid and balance of

released materials should be handed over to the PWI concerned at his depot.

16. The contractor shall carry out the work in such a manner to avoid any

inconvenience and disturbance to Railway working and to the public using the

railway premises and will adjusts the program of the work accordingly in consultation with the engineer-in-charge.

17. The Railway administration will not be responsible for the safety of contractor’s labour engaged for their work and should be ensured that all the

labour are medically fit with good eye sight so that they can safe guard themselves. 18. The work must be supervised by PWI. No work is carried out by the

contractor unless PWI in charge of the work is at site. It is necessary that safety of the track is ensured by the PWI in-charge supervising the work.

19. At any stage during the execution of work, if contractor fails to employ

adequate labour to complete the works in traffic blocks to raise the speed by rear

packing and restore traffic etc., as decided by the Engineer in charge such work

will be carried out by deploying departmental labour at the cost of contractor,

without prejudice to action as per GCC in clause 62 and recovery of cost of such

labour shall be made from contractor’s bill as per extent rules.

20.Vehicles and equipment of contractors can be drafted by Railway administration

in case of accidents/natural calamities involving human lives. However, the

number of hours, the equipment put to use is to be compensated as per prevailing

rtes inclusive of fuel charges on actual basis.

Place: Vijayawada

Date0

SIGNATURE OF TENDERER(S)