[tender forms] [front page]

“Tender No. 86/2015 WESTERN RAILWAY “Download from Internet” 1 Bhavnagar Division Engineering Department

Signature of Tenderer/s Divisional Railway Manager [W] Dated: Western Railway, Bhavnagar Para

[TENDER FORMS] [FRONT PAGE] TENDER NO 86/2015 DATE OF OPENING :- 27/01/2016 ESTIMATED COST Rs. 5��/- COMPLETION PERIOD 11 Months

E/MONEY Rs. 4,15,000/- MAINTENANCE PERIOD 6 Months TENDER FEE Rs. 10,000/- System of Tendering :- Open Tender Name of Work: Provision of 6 Nos. RCC box of size 2 X 2.50 M and toe wall, stone

pitching and protection work etc on breaches portion from KM 39/3 to 43/8 between Liliya Mota – Savarkundala on Dhasa – Rajula section (BG)

Similar nature of work Construction of any type of Rail Bridge under a Railway running line track.

NOTE: - 1. EARNEST MONEY SHOULD BE IN FAVOUR OF SR DIVISIONAL FINANCE MANAGER -WESTERN-RAILWAY –BHAVNAGAR PARA.

2. PARTNERSHIP DEED TO BE SUBMITTED ALONG WITH TENDER DOCUMENT IN ACCORDANCE WITH PARA 10 AT PAGE No. 12 OF TENDER DOCUMENT.

3. IF TENDER DOCUMENT IS DOWN LOADED FROM WEB SITE, SHOULD FURNISH NECESSARY TENDER FEE ALONG WITH THEIR TENDER. TENDERS NOT ACCOMPAINED WITH REQUISITE TENDER FEES ARE LIABLE TO BE REJECTED. THE TENDER FEE CAN BE PRODUCED/SUBMITTED IN THE FORM OF BANK DRAFT/MONEY RECEIPT ETC. AS ACCEPTABLE TO RAILWAY.

Tender Sale Closing Submission Upto Opening of tender * Date of Opening 12.00 hrs * 15.00 hrs * 15.30 hrs * 27/01/2016

For Office use only [Opening Officer to mention the details of EMD and Condition if any submitted by tenderer.]

NOT TRANSERABLE ISSUED BY :- DIVISIONAL RAILWAY MANAGER [WORKS] WESTERN RAILWAY-BHAVNAGAR PARA 364003 ISSUED TO M/S. ______________________________________________________



INDEX Page No.

SR No.

Description

From To 1. Tender Form – First Sheet 3 3 2. Tender Form – Second Sheet 4 4 3. Special Conditions of contract Part-I 4 14 4. Special Conditions of contract Part-I & II 15 35 5 Bank Guarantee 37 37 5. Schedule of approximate quantities 38 48 6. SPECIAL CONDITION AND SPECIFICATION OF NS ITEMS 49 58



[TENDER FORMS] [FIRST SHEET] To The President of India, Acting through The Divisional Railway Manager [W], Western Railway, Bhavnagar Para 364003.

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 Divisional Railway Manager [Works]- Bhavnagar Para, at the rates quoted in the attached schedule and hereby bind myself/ourselves to complete the work in all respects within the period as mentioned at front page, from the date of issue of letter of acceptance of the tender. I/we also hereby agree to abide by the General Conditions of Contract reprinted in July-2014 & corrected up to date and to carry out the work according to the special conditions of contract and specifications of materials and works laid down by the Railway in the annexed Special conditions and amendments to works hand book as per Unified standard Schedule of Rates 2011 (Works & Materials) of Western Railway & Unified specification book 2010 & IRUSS (Works & Materials) Vol. I & II of 2010. 2. A sum of mentioned in front page is herewith forwarded as Earnest Money. The full value of the Earnest Money shall stand forfeited without Prejudice to any other right or remedies if: - a) I/We do not execute the contract documents within seven days after receipt of notice issued by Railway that such documents are ready; OR b) I/We do not commence the work within ten days after receipt of work orders to that effect: 3. 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 Witness: Signature of Tenderer/s: 1) —————————— Date: 2) —————————— Tenderer/s Address: ———————————— Divisional Railway Manager [W]

Western Railway, Bhavnagar para-3. ———————————— For and on behalf of the President of India.



[TENDER FORMS] [SECOND SHEET]

Part-I 1. Instructions to Tenderers and Conditions of Tender The following documents form part of contract: (a) Tender form - First sheet and second sheet. (b) Special Conditions/Specifications (Enclosed). (c) Schedule of approximate quantities (attached). (d) Western Railway General Conditions of Contract (G.C.C.) (Revised edition-July-2014). with latest

amendments. Copy of General Conditions of Contract can be obtained on payment from the General Manager (Engg.) Western Railway, Churchgate, Mumbai 400020.

(e) Unified standard Schedule of Rates 2011 (Works & Materials) of Western Railway & Unified specification book 2010 & IRUSS (Works & Materials) Vol. I & II of 2010. Copy can be obtained on payment from the office of the General Manager (E), Western Railway, Churchgate, Mumbai-400020.

(f) Track Manual, Indian Railway P. Way Manual. (g) All general and detailed drawings pertaining to this work which will be issued by the Engineer or

his representative (from time to time) with all changes and modifications. (h) All corrections upto date, after the dates mentioned in (d) to (g) above all will be applicable to this

tender/contract. (i) The tenderer should quote rate for each schedule only and not individual items. The Tender

will be summarily rejected if individual rates are quoted for various items. 2. Guide Lines For Incorporation Of Standard Clauses In The Joint venture Agreement

The joint venture Agreement among the other necessary and relevant clauses should invariably contain clauses related to following issues in the manner here in below:

Joint & Several Liability: The parties hereto shall, if awarded the contract for the project for which joint venture is formed, be jointly and severally liable to the Railways for execution of the project in accordance with the contract. The parties hereto also undertake to be liable jointly and severally for the loss, damages caused to the Railways in course of execution or due to non - execution of the contract or part thereof or arising out of the contract.

Validity of the Joint Venture Agreement: The Joint venture Agreement shall not be terminated unless and until the work awarded under the contact is completed in all respect and also till the maintenance period is over or till all the contractual liabilities are discharged completely. Notices and Correspondence: All correspondence and notices to the joint venture shall be addressed to M/s /Shri _____________________________ at the address stated herein: ____________________________



Governing Laws: The joint venture Agreement shall in all respect be governed by and interpreted in accordance with Indian Laws and shall be covered by the Arbitration and Conciliation act of 1996.

Authorised Partner/Person: M/s (Shri) _____________________________ shall be authorised partner/person on behalf of the Joint Venture to deal with tender, to sign the agreement or enter into contract in respect of the said tender, to receive the cheques, money, to pass on the receipt for payment, to witness joint measurement of work done, to sign measurement books, compromise, settle, relinquish any claim or claims preferred by the Joint venture and to sign No Claim certificate and to refer all or any of the dispute to arbitration, to give or receive the application, letter, notices whenever necessary, to make commitment or create liability with the Railways in respect of the said contract etc.

Assign-ability: No party to the joint venture has the right to assign or transfer the interest, right or liability in the contract without the written consent of the other party and that of the Railways.

Use of Machinery, Instrument, Labour Force etc. The parties hereto undertake that whatever the machinery instruments, Labour force (including unskilled, skilled, inspectors, Engineers etc. they posses at the time of entering into Joint Venture Agreement or which subsequently shall come in their possession and in such joint machinery, instruments, Labour force i.e. required for speedy and efficient executors of the work the party/parties having the control over the said machinery, instruments, Labour force etc. without having any regard to share of profit and loss agreed to between the parties in Joint Venture Agreement shall hand over the same at the disposal of the other party who is actually executing the work for purpose of execution of the contract without any hindrance and obstacle.

INSTRUCTION FOR SUBMITTING THE TENDERS IN JOINT VENTURES

The Joint Venture Agreement should be duly registered with the Registrar of Firms; Further, Joint Venture should be signed by all partners of the firms participating in the Joint Venture or by Authorised signatory in case of Companies. In case of parties to the Joint venture have agree to designate one of the partner as “Lead Partner” the clause specifying the details of authorities, powers, rights, duties given to him should be included in the agreement in clear terms. In case of one or more parties to the joint Venture Agreement is/are Partnership firm/s, the following documents should be enclosed.

[a] Certified copy of Partnership Deed, [b] consent of all the partners to enter into the Joint Venture Agreement on a stamp paper of appropriate valuations. [c] Power of attorney in favour of one of the partner to sign the Joint Venture Agreement on behalf of all the parties and create liability against the firm. In case of one or more parties are proprietary firms or HUF: the following documents should be enclosed. Affidavit on Stamp paper of appropriate valuation declaring that his firm is a proprietary firm and he is sole proprietor of the firm OR he is in position of “ KARTA” of Hindu Undivided Family and he has authority, power and consent given by other Co – partners to cast on behalf of HUF. In case of one or more partners are limited companies: following documents should be submitted:



[b] Certified copy of minutes of meeting of the directors of the company in which resolution was passed to the effect.

I] of entering into Joint Venture Agreement. II] of authorising managing Directors/One of the director/manager of the company to sign the Joint

Venture Agreement. III] of authorising MD/Director/Manager or any other person to sign all other documents, contracts,

agreements etc. and the create liability against the company or and /or to do any other act on behalf of the company.

[B] Copy of Memorandum and articles of Association of the company. [C] Power of Attorney by the Company authorising persons to do act mentioned in the (iii) above.

Documents [a] The copies of documents, sent in support of the Joint Venture should be certified by Competent

Authority. [b] Original documents, sent in support of the Joint Venture Agreement should be registered notarized

as case may be. Joint Venture Agreement submitted if any shall cover the following aspects:

1. Separate identity/name should be given to the Joint Venture Establishment/ enterprises.

2. If both the parties are partnership firms, then the name of all the partners be mentioned therein and it should be signed by all the partners or through their Power of Attorney holder.

3. Share of profit and loss along with share of the parties should be clearly indicated therein. 4. For the interest of Railways a separate provision should be made in the joint venture agreement in

which the party to the agreement should be made jointly and severally liable/responsible in case of any default by either of the parties to the Joint Venture.

5. The Joint Venture Agreement must be executed prior to the date of purchase of any tender documents and it should be duly registered or duly noterized by Notery Public.

6. The Joint Venture Agreement must be on the Non Judicial Stamp paper of Rs. 100/- or as per the stamp Act of the concerned state.

7. The person who will have the authority, by name, Designation, or by the authority of Power of Attorney to deal with the Railway etc./ or any third party, must be mentioned in the Joint Venture itself.

NOTE: (1) The following also be ensured by the tenderer, failing which tender shall be considered invalid:-

i) The tender form must be purchased in the name of Joint Venture. (ii) The earnest money should be deposited in the name of Joint Venture.

(2) In absence of clauses covering above aspects, the tender shall be rejected. At the same time Railway reserves its right to reject the tender if Joint Venture agreement is not found legally in order due to some other reasons not mentioned above.

2(A) SYSTEM OF TENDERING

This tender is for the work of (Please see front page) as mentioned in front page.

The Tender Bid will be opened at 15.30 Hrs. on date of opening as mentioned in front page in the office of Divisional Railway Manager [Works], Western Railway, 1st Floor, Bhavnagar para 364003.



The entire work shall be completed in with in period mentioned on front page from the date of acceptance of this Tender. Only those tenderer/s is/are eligible for this work who fulfill the eligibility criteria for contractors as per clause 2.4. As far as possible the tenderer/s bid should not have any condition or specification or Assumption contrary to the provisions in these tender documents on which the tenderer/s bid is based, shall be supplemented by the details of exact financial implications if applicable. Tenderer/s special conditions, not in conformity with the tender specifications, are required to be listed separately. Railway will not take cognizance of any other conditions/variations from the tender stipulations mentioned at any other place in the tender documents, drawings etc. except under the format specified in the tender documents for such special conditions (Format enclosed-Annexure ‘A’). It needs to be emphasized that only such conditions/stipulations which are at variance with the tender conditions codal provision stipulated in the tender documents need be mentioned, in case tenderer/s choice to stipulate such special condition taking into account the restrictions mentioned elsewhere in the tender document. Only such of the special conditions / specifications stipulated by tenderer/s which have been specifically approved by the Railways in writing shall be deemed to have been ac-cepted by the Railways. The tenderer/s conditions/stipulations/codal are at variance with the tender conditions/codal provisions shall be withdrawn by the tenderer/s.

2.2 The list of documents to be attached along with the tender is given under system of tendering . 2.3 Nature of tendering (One Packet System). Tender will consist of the following: - i) Earnest Money in proper form. ii) Proforma No. A-I, II, III, IV & V (attached herewith). iii) Method statement, PERT CHARTS & Construction schedule vis-à-vis deployment of resources. iv) Biodata of key design and/or construction Engineers to be involved in this work. v) Partnership deed. vi) Power of Attorneys. vii) Tender documents duly signed & completed. viii) Any other document the tenderer may like to submit in support of his credentials/scheme. ix) Performance record for the last 5 years showing if the firm. a) Was awarded all contracts where firm’s bid price was lowest? b) Was awarded some contracts even though firm’s bid price was not lowest? c) Was denied by contract when the firm’s bid price was lowest? d) Was denied credit, bond or bank Guarantee? e) Was unable to complete awarded work? f) Was penalized for failure to adhere to completion date? q) Earned bonus for early completion: h) Took recourse to arbitration for settlement of disputes: i) Only those tenderer/s who possess necessary past experience, special Tools & Plants and

have sufficient expertise for this type of work are required to tender. Tenderer should furnish description of tools & plants available with the tenderer for this type of work.

j) All the documents supported with the tender should be attested by a gazetted officer of central or state government.



Eligibility Criteria.

2.0 Vide PCE-CCG’s letter No.W.118/0 Vol.V(W6) dated 20/01/2011 in Ref to (Railway Board’s letter No.2007/CE.I/CT/18 Pt.XII New Delhi, dated 31.12.2010) Tender cost above 50 lakhs only.

01 Should have completed at the time of opening of tender in the last three financial years (i.e. current year and three previous financial years.)

At least one similar single work, for a minimum value of 35% of Advertised Tender value of work

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

Should be a minimum 150 % of advertised tender value. Tender committee would satisfy themselves about the authentically of the certificates produced by the tenderers to this effect which may be as attested certificate from the employer /client, audited balance sheet duly certified by the Charted Account etc. The details about the certificate to be accepted in regard to the turnover may, however, be notified along with the minimum eligibility criteria while advertising/ issuing the tender notice by the competent authority.

TENDERS CRENDENTIALS FOR TENDERS COSTING ABOVE RS. FIFTY LAKHS. ARE GIVEN IN TENDER FORM. TENDERERS SHOULD SUBMIT DOCUMENTS ALONG WITH THEIR TENDERS IN SUPPORT OF CREDENTIALS GIVEN IN THE TENDER FORM. The tender for above criteria not fulfilled by tenderer same will be liable/summarily to be rejected. Special condition of contract – Eligibility criteria and Tenderer’s Credentials.:- 1. In support of their credentials, the tenders should submit following documents along with their tenders. a) List of personnel, organization available on hand and proposed to be engaged for the subject work. b) List of plant and machinery available on hand (own) and proposed to be inducted (own and hired to be given separately) for the subject work. Certificates/credentials from private individuals/Organizations for whom such works are executed/being executed will not be accepted. (Amended in terms of CE(W)CCG’s letter No.W118/0 Vol.VII (W6) dated 11/12/2014.)

2. PCE-CCG’s letter No.W.118/0 Vol.V(W6) dated 20/01/2011 in Ref to (Railway Board’s letter

No.2007/CE.I/CT/18 Pt.XII New Delhi, dated 31.12.2010) in all tender costing above Rs. 50 Lacks if the tenderer does not submit credentials, the offers shall be considered as in-complete & shall be summarily rejected..

3. For criterion 2.0 following documents will be relied upon for working out the total contractual amount received by the tenderer to evaluate credentials. i) Attested copy of annual Income Tax returns filed with Income Tax Department ii) Attested certificate of the Tax deducted at source (TDS Certificate) showing the contractual

payment. iii) Attested certificate from Employer/ Clients, Audited balance sheet duly certified by the

Chartered accountant about the Contractual payment received for the work done. 4. Non compliance of any one of these conditions set forth herein above is liable to result in the tender

being rejected. 3. Tenderer/s Credentials:

The tenderer/s who are not borne on the approved list of Western Railway, should submit the following documents in duplicate in support of their financial status as well as work experience. Chartered Accountant’s report indicating similar details for the preceding three years. Attested copies of the list of works completed successfully during the preceding three years and payment received in each year against those works issued by the concerned department.



4. Earnest Money 4.1 The tenderer/s is/are required to deposit/remit with Sr. Divisional Finance Manager -Western

Railway- Bhavnagar para, a sum of as mentioned in front page, which will constitute the Earnest Money. Tender documents not accompanied with the requisite earnest money shall be summarily rejected.

4.2 The tenderer[s] shall keep the offer open for a minimum period of 90 days (Ninety days) from the date

of opening of the tender. It is understood that the tender documents has been sold/ issued to the tenderer[s] and the tenderer[s] is/are permitted to tender in consideration of the stipulation on his/their part that after submitting his/their tender subject to the period being extended further if required by mutual agreement from time to time, tenderer will not resile from his offer or modify the terms and conditions there of in a manner not acceptable to the Divisional Railway Manager [W] Western Railway, Bhavnagar para 364003. Should the tenderer/s fail to observe or comply with the forgoing stipulation the aforesaid amount deposited as Earnest Money for the due performance of the above stipulation shall be forfeited to the Railways.

4.2.1 The Earnest Money should be in cash or in any of the following forms – (As per Railway Board letter

No. 2013/CE-1/CT/O/45/JV dated 22/09/2014) (a) The Demands Drafts, Banker’s cheque. These forms of earnest money should be either of the State Bank of India or of any of the Nationalised Banks. No confirmatory advice from the Reserve Bank of India will be necessary. These are to be drawn in favour of Sr. Divisional Finance Manager -Western Railway- Bhavnagar para. (b) Demands Drafts, Banker’s cheque executed by the Scheduled Banks (other than the State Bank of India and the Nationalised Bank) approved by the Reserve Bank of India for the purpose. The Railway will not, however, accept any such Demand Draft, Bankers cheque without getting in writing the concurrence of the Reserve Bank of India. (c) The Demands Drafts, Banker’s cheque tendered by the Scheduled Banks which have not been approved by Reserve Bank of India for the purpose provided the receipt i.e. Demand Draft, Banker’s Cheque in question is countersigned by one of the approved banks (including State Bank of India) where by the latter undertakes full responsibility to indemnify the Government department in case of the bank concerned lodged with the Reserve Bank of India. Apart from the above provision prior concurrence of the Reserve Bank of India in writing would be necessary for accepting such Bank Demand Draft, Bankers Cheque. (d) Government securities (Stock Certificates), Bearer Bonds, Bank guarantee, Guarantee bonds, Promissory Notes, Cash Certificates, Deposit receipt will not be accepted. (e) The earnest money wherever it is deposited in cash should be remitted to Any station master Western Railway, nearest to their (Tenderer’s) places of residence and the receipt obtained thereof should be enclosed with the tender in original as a proof of the deposit of requisite earnest money. (f) Earnest money in the form of deposit receipt will not be accepted & summarily rejected.

4.3. Along with tender LSEM will not allowed. “Unapproved tenderer/s” must note that their offers shall not be considered against LESM, if available with the Railway and such tenderer/s shall have to submit the requisite E.M. along with the tender, Other wise their offers shall be summarily rejected.

“Approved Tenderer/s who are enjoying the facility of Lump sum Earnest Money will have to deposit requisite earnest money along with the tender.

(a) The Demands Drafts, Banker’s cheque or cash etc. towards Earnest Money should be drawn in the name of Sr. Divisional Finance Manager –Western Railway-Bhavnagar para. will only be accepted.

If the name of directors/company is added thereafter, the Tenderer/s are required to sign on Rs. 1 (One revenue stamp on the back side of the deposit receipt. earnest money in form of Government



securities (Stock certificates/Bearer bonds, promissory notes and cash deposited with stations will not be accepted.

5. Tenders containing erasures and /or alterations of the tender documents are liable for rejection. Any correction made by the tenderer/s in his entries must be attested.

6. If a tenderer/s deliberately gives wrong information their tender or create circumstances for the

acceptance of his/their tender, the Railway reserves the right to reject such tender at any stage. 7. If the tenderer expires after the submission of his tender or after the acceptance of his tender, the

Railway shall deem such tender as cancelled. If a partner of the firm expires after submission of their tender of after acceptance of their tender, the Railway shall deem such tender as cancelled unless the firm retains its character.

8. Security Deposit, Validity of Tender: The tender must be accompanied by a sum of a sum [amount mentioned in front page] as earnest money deposited in cash or in any of the forms mentioned in the tender failing which the tender shall not be considered.

The tenderer shall hold the offer open till date as specified in the tender. It is under stood that tender documents have been sold/issued to the tenderer and the tenderer is being permitted to the tender in consideration of the stipulation on his part that after submitting his tender, he will not resile from which offer or modify the terms and conditions thereof in a manner not acceptable to the competent authority. Should the tenderer fail to observe or comply with the foregoing stipulations, the amount deposited as earnest money for the due performance of the above stipulation shall be forfeited to the Railway. If the tender is accepted, the amount of the earnest money will be held as security deposit for the due and faithful fulfillment of the contract. The earnest money of the unsuccessful tenderer(s) will, save as therein before provided, be returned to the unsuccessful tenderer(s) but the Railway shall not 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 to the earnest money while in Railway’s possession nor be liable to pay interest thereon. The earnest money including the amount taken as security deposit 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 tender(s) within a reasonable time. The earnest money deposited by the successful tenderer(s) will be retained towards the security deposit for the due and faithfully fulfillment of the contract but shall be forfeited, if contractor fails to execute the agreement bond within seven days after receipt of notice issued by the Railway that such documents are ready or to commence the work within ten days after receipt of order to that effect. Unless otherwise specified in the special conditions, the Security Deposit/rate of recovery/mode of recovery shall be as under: -(Vide HQ letter No. W/118/Vol.II (W-6) Dated 30/05/2006)

8.01 Security Deposit for each work should be 5 % of the contract value. 8.02 The rate of recovery should be at the rate of 10 % of the bill amount till the full security

deposit is recovered. 8.03 Security Deposit will be recovered only from the running bills of the contract and no other

mode of collecting SD such as SD in then form of instruments like BG, FD etc. shall be accepted towards security deposit. 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. The competent authority shall



normally be the authority who is competent to sign the contract. If this competent authority is of the rank lower than JA Grade, than a JA Grade then a JA Grade officer (concerned with the work) should issued the certificate. The certificate, inter aria, should mention that the work has completed in all respects and that all the contractual obligations have been fulfilled by the contractor and that there is no due from the contractor to Railways against the contract concerned. Before releasing the SD, an unconditional and unequivocal no claim certificate from the contractor concerned should be obtained.

09. Introduction of Performance Guarantee (P.G.) (BANK GUARANTEE BOND Performa available at CP- 35) (Vide PCE-CCG’s letter No.W.118/0 Vol.V(W6) dated 20/01/2011 in Ref to, {Ref.: Item-l to Railway Board's letter no. 2007/CE.I/CT/18 Pt.XII, dated 31.12.2010} Clause 16(4). Performance Guarantee

The procedure for obtaining Performance Guarantee is outlined below:

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

(i) A deposit of Cash; (ii) Irrevocable Bank Guarantee; (iii) Government Securities including State Loan Bonds at 5% below the market value; (iv) Deposit Receipts, Pay Orders, Demand Drafts and Guarantee Bonds. These forms of Performance Guarantee could be either of the State Bank of India or of any of the Nationalized Banks; (v) Guarantee Bonds executed or Deposits Receipts tendered by all 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% below market value or at the face value whichever is less. Also, FDR in favour of FA&CAO(free from any encumbrance) may be accepted.

NOTE: The instruments as listed above will also be acceptable for Guarantees in case of Mobilization Advance.

(c) 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 upto the stipulated date of completion plus 60 days beyond that. In case, the time for ~



completion of work gets extended, the contractor shall get the validity of P.G. extended to cover such extended time for completion of work plus 60 days.

(d) The value of PG to be submitted by the contractor will not change~ for variation up to 25% (either increase or decrease). In case during the course of execution, value of the contract increases by more than 25% of the original contract value, an additional Performance Guarantee amounting to 5% (five percent) for the excess value over the original contract value shall be deposited by the contractor."

(e) The Performance Guarantee (PG) shall be released after physical completion of the work based on 'Completion Certificate' issued by the competent authority stating that the contractor has completed the work in all respects satisfactorily. The Security Deposit shall, however, be released only after expiry of the maintenance period and after passing the final bill based on 'No Claim Certificate' from the contractor. (f) Whenever the contract is rescinded, the Security Deposit shall be forfeited and the Performance Guarantee shall be encashed. The balance work shall be got done independently without risk & 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 in his/her individual capacity or as a partner of any other JV/partnership firm. -+6(g) The engineer shall not make a claim under the Performance Guarantee except for amounts to which the President of India is entitled under the contract (not withstanding and/or without prejudice to any other provisions in the contract agreement) in the event of : (i) Failure by the contractor to extend the validity of the Performance Guarantee as described herein

above, in which event the Engineer may claim the full amount of the Performance Guarantee. (ii) Failure by the contractor to pay President of India any amount due, either as agreed by the contractor

or determined under any of the Clauses/Conditions of the Agreement, within 30 days of the service of notice to this effect by Engineer.

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

10. Partnership deeds, Powers of Attorney, etc. The tenderer/s shall clearly specify whether the tender is submitted on his behalf or on behalf of the partnership concern if the tender is submitted on behalf of partnership concern he should submit the certified copy of partnership deed along with the tender and authorisation to sign the tender documents on behalf of partnership concerned. If these documents are not enclosed along with tender documents, the tender will be treated as having been submitted by individual signing the tender documents. The Railway will not be bound By any power of Attorney granted by the tenderer or by changes in the composition of the firm made subsequent to the execution of the contract. It may, however, recognise such power of attorney and changes after obtaining proper legal advise the cost of which will be chargeable to the Contractor. The charges have been fixed at Rs.100/- payable by the tenderer at the time of submitting the power of Attorney for scrutiny and legal advice.

10.1) In terms of clause 13 of part I “Regulation for tender and contract” of GCC, the Railway will not be bound by 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 powers of attorney and changes after obtaining proper legal advice, the cost of which will be chargeable to the contractor. These changes have been fixed at Rs.100/- payable by the tenderer at the time of submitting the power of attorney and legal advice.

10.2) If the power of attorney is not accepted, otherwise than for legal defect, the charges will be refunded If the Power of Attorney is returned on account of legal defect for correction, separate charges of Rs.50.00 for scrutiny of corrected power of attorney will be payable by the tenderer while resubmitting power of attorney.

10.3) No power of attorney in favour of an individual person will be accepted it is irrevocable except when it is in favour of Bank.



10.4) In case, where the power of attorney/partnership deed has not been executed in English, the true and authenticated copies of the translation, of the same by Advocate, authorised translator of courts and licensed petition writers should be supplied by the Contractor/s while tendering for the work.

10.5) The tenderer whether a sole proprietor, a limited company or a partnership firm if they want to act through agent or individual partner/partners should submit along with the tender or at a later stage, a power of attorney duly stamped and authenticated by a Notary Public or by Magistrate in favour of the specific person whether he/they be partner/partners of the firm or any other person specifically authorising him/them to submit the tender, sign the agreements, receive money, witness measurements, sign measurement books compromise, settle, relinquish any claim or claims preferred by the firm and sign ‘No Claim Certificate’ and refer all or any disputes to arbitration.

11. Tender must be enclosed in a sealed cover super scribed as:

Name of Work: [As mentioned at front page] So as to reach the office not later than 15.00 Hrs. on date of opening or deposited in the special box allotted for the purpose in the office of the Divisional Railway Manager [Works], Western Railway, Bhavnagar. This will be sealed at 15.00 Hrs. The tender papers will not be sold after 12.00 Hrs. on date of opening. The tender will be opened on the same day at 15.30 Hrs.

12. Non- compliance with any of the conditions set forth here in above is liable to result in the tender being rejected.

13. Instructions for Tender Submission:

Tenders containing errors and/or alterations or over writing in the tender documents are liable to be rejected. Any corrections made by the tenderer/s in his/their entries must be attested. All correction should be scored, rewritten and signed. If the tenderer/s deliberately has given/give wrong information in his/their tenders, or creates/create circumstances for the acceptance of his/their tender the Railway reserves the right to reject such tender at any stage. If a tenderer expires after the submission of his tender or after 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. The authority for the acceptance of the tender will rest with Railway which does not bind itself to accept the lowest or any other tender nor does the Railway under take to assign reason for declining to consider or reject any particular tender or tenders.

14. Rights of Railway to deal with Tenders : The authority for the acceptance of the tender will rest with the Railway which does not bind itself to accept the lowest or any other tender nor does the Railway undertake to assign reason for declining to consider or reject any particular tender or tenders.

15. Execution of Contract Documents: The successful tenderer/s shall be required to execute an agreement with the Railway for carrying out the work according to “General Condition of Contract”. Schedule of Special Conditions/Specifications annexed to this tender and specifications for works and materials as laid down in the “Unified standard Schedule of Rates 2011 (Works & Materials) of Western Railway & Unified specification book 2010 & IRUSS (Works & Materials) Vol. I & II of 2010.” All the conditions of this tender shall form and be incorporated in the contract Agreement of the successful tender/s and as modified and accepted.

16. Employment of Retired Railway Employees, Power of Attorney etc.



Should a tenderer be a retired Engineer of the Gazetted rank or any other Gazetted Officer working before his retirement, whether in the executive or Administrative capacity, or whether holding a pensionable post or not, in the Engineering department of 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 as incorporated company have any such retired Engineer or retired Officer as one of its Directors, or should a tenderer have in time his employment any such retired Engineer or retired Officer as one of his Directors, or should a tenderer have in his employment and retired engineer or retired7+ Gazetted Officers as aforesaid, the full inform ation as to the date of retirement of such Engineer or Gazetted Officer from the said service and in case when such Engineer or Officer had not retired from Government service at last 1(One) year prior to the date of submission of the tender as to whether permission for taking such contract or if company to become employment under the Contract, has been obtained by tenderer for the Engineer or officer as the case may be from the President of India or any officer, duly authorised by him in this behalf, shall be clearly stated in writing at the time of submitting the tender. Tenders without the information above referred as or a to the effect that no such retired Engineer or retired Gazetted Officer is so as associated with tenderer, so the case may be/shall be rejected. Clause 59(10) : Restriction on the employment of retired engineers of Railway services with one year of their retirement. The contractor shell not, if he is a retired Government Engineer of Gazetted rank, him self engaged in or employee or associate a retired government engineer of gazetted rank. Who has not completed one year term the date of retirement, in connection with this contract in any manner whatsoever without obtaining prior permission of the resident & if the contractor is found to have on contravened this provision it will constitute a breach of contract & administration will entitled to terminate the contract & forfeit earnest money deposit (EMD), Performance guarantee (PG) & Security Deposit (SD) of that contract Should a tenderer or contractor on the list of approved contractors have relative or relatives or in the case of firm or company of Contractors one or more or its share holders or a relative or relatives of the share holders, employed in Gazetted capacity in the Engineering Department of the Western Railway, the authority inviting tenders shall be informed fact at the time of submission of tender, failing which the tender may be disqualified or if such fact subsequently comes to light the contract may be rescinded in accordance with the provision in Clause 62 of the General Conditions of Con-tract. The tenderer whether a sole proprietor, a limited Company or a partnership firm if they want to act through agent or individual partner/partners should submit along with the tender or at a later stage, as power of attorney duly stamped and authenticated by a Notary Public or by a Magistrate in favour of the specific persons whether he/they by partner/partners of the firm or any other person specifically authorising him/them to submit the tender, sign the agreements, receive money, witness measurements books compromise settle relinquish any claim or claim preferred by the firm and sign ’No Claim Certificate’ and refer all or any disputes to arbitration. The tenderer/contractor should nominate his representative on the works and at the site of work, which will be authorised, to receive and acknowledge and implement the instruction and orders issued by the Engineer and inspecting officials of the Railway. These representatives should also be authorised to receive, acknowledge and account for the materials issued by the Railway for genuine use on the work. The attested specimen signature of the Contractor(s) representatives shall be submitted and deposited with the Engineer as well as the Engineer-in-Charge of the work before starting the work. The power of attorney mentioned in Clause (C) above may also be extended to cover the stipulations made in this clause.

17.0 Tender Documents are not transferable:



I/We specially noted down the clause 18 of the tender document and declare that I/WE have no relative employed in the gazetted capacity in the Engineering Department of Western Railway.

Special Conditions of Contract (Part II)

1 These Special Conditions and the Schedule of Work shall govern the work to be executed under this

contract in addition to and/or in part super session of the General Conditions of Contract & Standard Specifications as laid down in the Western Railway. Unified standard Schedule of Rates 2011 (Works & Materials) of Western Railway & Unified specification book 2010 & IRUSS (Works & Materials) Vol. I & II of 2010.

. 2 Where there is any conflict between these Special Conditions of Contract on one hand and Standard

Specifications and General Conditions of Contract of Western Railway on the other part, the former shall prevail.

3 Any Special Conditions stated by the Tenderer’s in the covering letter submitted along with the

tender shall be deemed as part of contract to such extent only as have, explicitly, been accepted by the Railway.

4 Records and Registers:

The Contractor/s shall maintain accurate records, plans and charts showing the dates and progress of all main operations and the Engineer shall have access to this information at all reasonable times. Records of tests made shall be handed over to the Engineer’s Representative after carrying out the tests. The following registers will be maintained at site by the Contractor/s or by Engineer in charge which should be seen and signed by the contractor or his authorised representative on daily basis for compliance of instructions recorded therein for satisfactory completion of work.

4.1 Inspection of site before Tendering etc. The Tenderer/s shall inspect the proposed site of work, and acquaint himself/themselves with the site Conditions working hours, layout of land, trees and shrubs that he/they will have to cut for making stacking space for ballast, approach roads, pathways available, working area, local Conditions, etc. and all other relevant items connected with the execution of the work. No claim shall be entertained from the Contractor/s for making his/their own arrangements for approaches/approach road in an outside Railway land and Contractor/s will bear entire expenses such as road taxes, payment for right of way, etc., to outsiders and for construction of approaches / approach road etc.

4.2 Site order Register: (i) The Contractor/s shall properly sign. Orders given site order register by the Engineer or his representative or his superior officers and comply with them. The compliance shall be reported by the Contractor/s to the Engineer in good time so that it can be checked. (ii) Labour Register : (a) This register will be maintained to show daily strength of labour in different categories employed by the Contractor/s. b) Daily progress register which shall indicate daily progress of work done by the contractor shall be got signed at least once in three days by the Engineer in token of acceptance. The format of the Register will be advised by the Engineer. c) Any other register considered necessary by the Engineer, shall be maintained at site in which the representative to the Engineer and the Contractor/s or his/their authorised representative will have to sign. The registers, proforma, charts, etc, will be the property of the Railway.



5.0 Contractor/s responsibility to arrange tools, plants machinery etc. 5.1 The Contractor shall make his own arrangement for all plants, machinery and equipment and tools

including spare parts, fuel and consumable stores and all labour required to ensure efficient and methodical execution of work. However, Railway may, if available, provide on their terms and at the cost of the contractor/s (Cost and terms as fixed up by the Railway as per extent rules) Railway’s tools and plants, machinery and stores such as pumps, compressors, drills, motor lorries, tractors, rails, sleepers, CGI sheets etc and other facilities which the contractor may require for expeditious completion of this contract and which in the opinion of the Engineer is necessary but the Railway undertakes no responsibility for doing so. The decision of Engineer in charge will be final. The rate quotated by the tenderer/s will include cost of all tools and plants, machineries, labours, material etc, which will be required for successful completion of work. Nothing extra shall be paid on this account.

5.2 The tenderer/s shall supply along with his/their offer a list of special tools, plants and equipment required for proper inspection/maintenance of work. The detailed descriptions/specification of these with full cost of each and sources of availability thereof shall be indicated along with the offer.

5.3 Either on Contractor’s request or in order to prevent possible delay in the execution of the work due to contractor’s inability to make adequate arrangements for the plants & machinery, equipment and tools or otherwise, the Railway may give such plant and machinery equipment, and tools on hire as can be readily made available and as can be conveniently spared from Railway’s stock on usual higher charges but this not binding on the Railway.

5.4 The decision of Engineer in regard to hiring of equipment on the contractor/’s and the non – supply of such equipment shall not be entertained as a reason for delay in the execution of works or cause of any claims.

5.5 All tools machinery and plant will be issued to the Contractor/s from the Railway’s stores depot at SSE/SE[P.Way] in-charge at site and the contractor shall transport the Tools and plants at his own costs and the same should be returned by the Contractor at the same depot in good conditions.

5.6 The tools, machinery and plant will be given on hire basis to the contractor on such terms and conditions as may be prescribed by the Railway and incorporated in a separate agreement. The hire and staff charges of the plant will be fixed as per rules, terms and conditions prevailing at the time. The staff charges will be calculated based on the pay and allowances payable to the regular Railway staff and not on casual labour rates, even if the staff operating the plant are engaged on casual labour. Para 1269 of Engineering Code shall be applicable and before issuing applicable and before issuing such tools and plants on hire basis, its daily rate shall be got vetted and approved by competent authority and recovery towards hire charges shall be affected in the next running bill itself.

5.7 If the plant and machinery, equipment and tools requisitioned by the Contractor are not available in Railway stock or cannot be spared, the Railway shall not be bound to supply nor will the Railway’s inability to supply them be accepted as an excuse for delay in the execution of the work.

6. Electricity : 6.1 In case electric supply is required for working during the night due to any reason whatsoever, the

contractor shall be responsible for the arrangements for obtaining electric supply at his own cost and rates quoted shall include the cost of providing electric supply arrangements required for the works.

6.2 If required by the Contractor, the Railway Administration may give required assistance in recommending without any liability to State Electricity Board for giving necessary electric connection to the contractor for execution of work.

7. Water supply and Sanitary facilities:

The contractor/s shall be responsible for the arrangements to obtain clear water supply necessary for the works as well as for drinking water for his/their labour at his/their cost of such water supply arrangements. On request by the Contractor/s the Railway may give assistance only to the extent of recommending the Contractor/s application for water supply to any authority arranging such supply.



8. Use of Railway land: Use of Railway land required by the Contractor/s for constructing temporary offices, quarters, hutment’s etc. for the staff and for storing materials etc. will be permitted to him/them free by Railway, if available and it does not interfere with the working of other contractor/s executing the work in the same area, for the Railways. The location of these Offices, hutments, stores etc. will be subject to the approval of the Engineer or his representative. The land will be restored to Railway by contractor/s in the same condition as when taken over or in vacant condition as desired by the Engineer, after completion of the work or at any earlier day/specified/as by the Engineer. Whenever Non-Railway bodies/persons are permitted to use Railway premises with competent authority's approval. Conservancy Charges as applicable from time to time may be levied.

8.1 The failure to do so will make the Contractor/s liable to pay the cost incurred by the Railways for getting possession of land. The tenderer/s shall also acquaint himself/themselves with the availability of land, working space for his/their work. etc. The Railway will not acquire any land for the purpose of movement of vehicles of the contractor/s for executing the work by the Contractor/s.

9. Use of Private Land The Contractor/s will have to make his/their own arrangements for use of private land, outside Railway limits for the fulfillment of contract or for borrow pits approaches etc. directly with the land owners of local authority and do pay such rents any as are payable as may be mutually agreed upon between them.

10. Cess Charges: (a) For contractor/s labour employed/residing at stations and in colonies where Railway sanitary facilities exist. Contractor/s will be required to pay cess charges as per rules in force on the Railway from time to time. (b) For labour working between stations or at isolated places where Railway facilities do not exist, the contractor/s shall be required to provide necessary sanitary facilities for his/their labour in terms of Clause 59(4) of the General Conditions of Contract. In case of any failure on his/their part the necessary facilities shall be provided by the Railway Administration at the cost of contractor/s and expenditure thus incurred along with cess charges will be recovered from his/their bills.

11. Precautions while working in the vicinity of track:

[a] When the work is required to be done along or near the existing Railway track, the contractor/s shall take such steps as are necessary for the safety of the track and labour working at site. He/they will also be required to programme his/their working so as not to interfere with the movement of trains. In this regard, contractor will not take up the track work on running lines without the presence of authorised representative of Railways. No extra payment shall be allowed for these precautions and also for crossing track/tracks, if required during the execution of the work. It should be ensured that the ballast of the track(s) is not spoiled or mixed with earth. [b] In addition to the precaution by the contractor/s for the safety of the track and labour, it may be necessary to post flagman in same locations as an additional [c] safety measure, for which the cost shall be recoverable from the contractor/s on the basis of the expenditure incurred by the Railways enhanced by 12 1/2% departmental charges. The contractor/s shall be fully responsible for any damage to or trespass caused by his/their men to any surrounding structure, Railways bear no liability whatsoever on this account. [d] The contractor shall not allow any road vehicle belonging to him or his suppliers etc. to ply in Railway land next to the running line. If for execution of certain works viz. earth work for parallel Railway line and supply of ballast for new or existing rail line, gauge conversion etc. Road vehicles are necessary to be used in railway land next to railway line, the contractor shall apply to the Engineer in charge for permission giving the type and no. of individual vehicles, names and license, particulars 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 flagman and supervisor and will give written permission giving names of road



vehicle, drivers, contractor’s flagman and supervisor to be deployed on the work, location, period and timing of the work. This permission will subject to the following obligatory conditions:

11.1 Road vehicles shall ply only between sunrise and sun set. 11.2 Nominated vehicles and drivers will be utilized for work in the presence of at least one flagman and

one supervisor certified for such work. 11.3 The vehicle shall ply 6 M clear of track. Any movement/work at less than 6 M and upto 3.5 M

clear of centers of nearest track, shall be done only in the presence of Railway Employee authorized by the Engineer in charge. No part of the road vehicle will be allowed at less than 3.5 M from nearest track centers. Cost of such Railway employee shall be borne by the Railway.

11.4 The contractor shall remain fully responsible for ensuring safety and in case of any accident, shall bear of all damages to his equipment, men and also damages to railway and its passenger.

11.5 The Engineer in charge may impose any other condition necessary for a particular work at site.

12. Observance of statutory Act Rules etc. The contractor/s will be bound by the provision of the minimum wages Act, 1948 as amended from time to time and the rules made there under with regard to labour in schedule employment i.e. on track works, road construction, building operations and stone breaking and stone crushing. “Road Construction” will include new construction as well as maintenance and repairs of roads and building portions will include and construction of lakes, wharf’s, bridges, tunnels, overhead tanks, etc. and also maintenance and repairs of the same. The provision of the minimum wages Act will also apply to ordinary maintenance works, petty works also. The schedule of minimum wages as provided shall be followed.

13 The Contractor/s shall observe and perform all the provisions of the Contract Labour (Regulation and Abolition Act, 1970 and contract rules 1971 or any statutory modification or re-enactment there of for the time being in force and any rules and regulations made there under in respect of all the persons directly or through petty contractors or sub-contractors employed by him/them under this contract and shall indemnify the Railway, against any claims under the contractor will have to fully co-operate for successful and expeditious completion of work.

14. Trespass : The Contractor/s shall at all times be fully responsible for any damage or trespass committed by his/their agents or workmen in carrying out the work even if such trespass is authorised by the Engineer.

15. Inflammable Articles: Inflammable materials, such as petrol, oil etc. shall be stored separately from other materials and all due precautions as required under the Indian Explosive Act, or any other Act shall be taken by the contractor/s to prevent any fires etc.

16. Plea of Custom: The plea of custom prevailing will not on any account be permitted as an excuse for any infringement on any of the conditions of the contract or specifications:

17. Arrangement for permits and License: Arrangements for permits and licenses for materials, Contractor/s will have to make his/their own arrangements. Also no import license shall be arranged by the Railway for this work.

18. Taxes and Royalties: All rates quoted in the tender shall be deemed to be inclusive of all taxes, royalties payable by the Contractor/s to the Government or Public body or local authority and no additional amount will be paid or claim entertained on this account to pay any charges/fees levied by the local authority/Government during execution.

19. Notice to public bodies:



The Contractor/s shall give to the Municipality, Police and other authorities all notices that may be required by law and obtain all requisite licences for temporary Constructions, enclosures an pay all fees, taxes and charges, which may be leviable on account of his operations in executing the contract. He/They should make good any damages to adjoining premises whether public or private and supply and maintain any lights, etc. required at night.

20. Working Hours: 20.1) Work may be carried out round the clock if so desired by the Railway’s as stated in para 31. The

contractor/s shall however be held responsible to ensure that none of the statutory laws is infringed 20.2) Works may have to be carried out during night, hence adequate knighting arrangements and

precautions shall be taken to avoid any mishaps at site during night. 20.3) It will be his/their responsibility to provide adequate lightening at all working places as well as to

ensure safety during working. He/They shall appoint, if necessary men to keep watch of the temporary structures during the progress of the work at night.

21. Care of Staff: No quarters will be provided by the Railway for accommodation of the contractor. or any of his/their staff employed on the work. The contractor may be allowed to erect any labour camps for housing the labour at or near the site of work in available Railway land subject to payment of cess and water charges. The Contractor/s shall at his/their own cost make all necessary and adequate arrangement for the importation, feeding and preservation of the hygiene of his staff. The Con-tractor/s shall permit inspection at all times of all sanitary arrangements made by him/them by Engineer or his/their assistant or the medical staff of the Railways. If the contractor/s fails to make adequate medical sanitary arrangements, these shall be provided by the Railway, the cost thereof being recovered from the Contractor/s. In case some accommodation is available, it can be given on License fee.

22. Damage by Accident, Floods: The Contractor/s shall make all precautions against damages from accident or floods, no compensation will be allowed to the contractor/s for his/their plant/material - lost or damaged by any cause whatsoever. The contractor/s shall be liable to make good the damages to any structure or part of structure, plant or materials of every description belonging to the administration lost or damaged by any cause during the course of the contractor/s work. The administration will not be liable to pay the Contractor/s any charges for rectification or repairs to any damages, which may have accrued from any cause, whatsoever to any part of the new/existing structure during construction.

23. First Aid: The contractor/s shall maintain in a readily accessible place First Aid. Appliances including an adequate supply of sterilized cotton wool. The appliances shall be placed under the charge for responsible person who shall be readily available during working hours.

24. Anti-Malaria precautions: Every precautions shall be taken by the Contractor/s to prevent the breading of mosquitoes on the work during construction and all receptacle used for the storage of water must be suitably protected for this purpose or must be emptied at close of the work every day.

25. Anti Larval treatment:

Contractor/s shall be entirely responsible for ensuring anti larval work as per the bye laws of the local authorities, corporations or such other local bodies etc. is provided at the cost of the Contractor/s.

26. Settlement of disputes:

All the disputes will be settled under the arbitration act 1996.



26.1 The successful Tenderer/s shall put up his/their claims as per Clause 43 of the General Conditions of Contract during the progress of work and not after completion of the work. All such claims and disputes shall be settled promptly during the progress of the works. The final authority for giving the decision on claims and disputes put up by the Tenderer/s, Contractor/s shall be the Chief Engineer, Western Railway, Church gate.

26.2 The provision of the Clauses 63 & 64 of General Conditions of Contract will be applicable only for settlement of claims or dispute between the parties for value less than or equal to 20% of the value of the contract, and when claims or dispute are of the value more than 20% of the value of contract, provision of clauses 63 & 64 and other relevant clauses of the General Conditions of Contract will not be applicable and arbitration will not be remedy for settlement of such disputes.

26.3 The Contractor/s shall not be entitled to ask for reference to arbitration, before the completion of the work assigned to him/them under this contract. The Contractor/s shall seek reference to arbitration to settle the disputes only once within the ambit of condition 26.2 above. 26.4 The Contractor/s shall not be entitled to make any claim whatsoever against the Railway under or

by virtue of or arising out of this contract, nor shall the Railway entertain or consider any such claim, if made by the contractor/s after he/they would have signed a ‘No Claim Certificate’ in favour of the Railway, in such form as shall be required by the Railway/s after the works are finally measured up. The Contractor/s shall be debarred from disputing the correctness of the items covered by “No Claim Certificate” or demanding a reference to arbitration, in respect thereof. After clear no claim as given by contractor the dispute if any will not be arbitrable.

26.5 These Special Conditions shall prevail over existing clause 63 & 64 of the General Conditions of Contract, other than provision relating to ‘Excepted Matters’. For settlement of disputes between one Government Deptt. and another or between the Government Department and Public Section undertaking the following special conditions shall be applicable.

26.6 “In the event of any dispute or difference between the parties hereto, such dispute or condition shall be resolved amicably by mutual consultation through the good officers of empowered agencies of the Government. If such resolution is not possible, then the unresolved dispute or difference shall be referred to arbitration of an arbitrator to be nominated by Secretary, Department of Legal Affairs

(Law Secretary) in terms of office Memorandum No.55/2/2/75/CF dt. 19-12-75 issued by the Cabinet Secretaries (Department of Cabinet Affairs) as modified from time to time.

26.7 The arbitration Act, 1996 or the arbitration clause contained in the General Conditions of contract shall not be applicable to the arbitration under this clause. The award of the Arbitrator shall be binding upon parties in the dispute, provided however, any party aggrieved by such award ay make further reference for party aggrieved by such award and make further reference for setting aside or revision of the award to law secretary whose decision shall bind the parties finally and conclusively.

27. Error, Omission and Discrepancies:

The tenderer/s shall not take any advantage of any mis-interpretation of the conditions due to typing or any other error and if in doubt, shall bring it to the notice of the Engineer without delay. In case of any contradiction only the Printed rules and Books should be followed and no claim for the misinterpretation shall be entertained. In addition provision contained in Clause 22(5) of General Conditions of Contract shall also be applicable.

28. Site Conditions and Facilities: 28.1 The Tenderer/s attention is drawn specially to Clause No. 19 of General Conditions of Contract and

it will be deemed that he has by personal inspection or other mean acquainted and a satisfied himself/themselves about the site conditions, viability or otherwise of materials labour, water supply electricity etc. before tendering. The requirements of working space and the space required for storing materials, workshop, offices etc. also shall have to be considered by the Contractor/s before tendering. It will be deemed that all relevant factors connected with the execution of work have been gone into detail by the tenderer/s before submitted the tender for the work.



28.2 There is likely hood of some water remaining or flowing through the site of work which would necessitate diversion of flow of water by erecting coffer dams, dewatering or by constructing diverting channel. Even sub-soil water could be met which could necessitate dewatering by pumping. Contractor shall study all such possibility and frame and quote his rates based on such requirements. No additional payment for claim or compensation for such an eventuality would be entertained.

29. Service Roads: 29.1 The Contractor/s will be permitted to make use of existing service roads, or service roads

constructed by the Railway for its use free of cost. New service roads required by the Contractor/s either near the site of work or else where within or outside Railway limits for carriage of materials or for any other purpose whatsoever will have to be constructed and maintained by the Contractor/s at his/their own cost, for the purpose of construction of service roads on Railway land, permission will be given free of any charges. If any land, other than Railway land is necessary to be entered upon, permission to enter in the land will to be arranged for by the Contractor/s at his/their own cost. The Contractor/s will not prefer any claim, whatsoever on this account. The Railway, however, reserve the right to make use of such service roads as may be constructed by the Contractor/s without payment of any charges.

29.2 No facility whatsoever for provision of approach roads or temporary level crossing etc. will be provided by the Railway for leading but materials or earth work, approach road, within Railway limits, if available, can be used for carting etc.

30. Night Work: 30.1 The Contractor/s attention is drawn to Clause 23 of the General Conditions of Contract which

stipulates that he/they shall not carryout any work between sunset and sunrise without the previous permission of the Engineer. However, on request in writing by the Contractor/s the Engineer may grant permission for doing works after sun set if he is satisfied that the Contractor/s arrangements for so doing the work will ensure quality and workmanship and will also ensure safety in of workman and structures. The Contractor/s will be primarily responsible to fulfill these conditions during the execution of works. It will be his/their responsibility to provide adequate lighting of all working places as well as to ensure safety in working. He/they will also engage, if necessary, men for watching for the temporary structures during the progress of the work at night.

30.2 If the Engineer is satisfied that the work is not likely to be completed in time except by resorting to night work, he may order the Contractor/s to carry out the works even at night without conferring any rights on Contractor/s for claiming any extra payment for the same. The Contractors will be responsible to comply with all the directions and instructions given by the Engineer in this regards.

31. Emergency works: In the event of any accident or failure occurring in, or about the work arising out of or in connection with the construction, completion maintenance of the works, which in the opinion of the Engineer requires immediate attention, the Railway may bring its own workmen or other agency to execute or partly execute the necessary work or carryout repairing if the Engineer considers that the Contractor/s is/are not in a position to do so in time and charge the cost there of, to be determined by the Chief Engineer-, Western Railway, to the contractor.

31.1 Clause: All the available vehicles and equipments of the contractor can be drafted by the Railway administration in case of accidents/natural calamities involving human lives. The payment for such drafting shall be made according to the rates as shall be fixed by the Engineer. (CE-CCG’s letter No.W/118/0 (W-6) dated 17.11.2003)

32. Safety precautions:

The Contractor/s shall at all times adopt such safe methods of work as will ensure safety of structure equipment and if at any time the Railway finds the safety arrangements are inadequate or unsafe,



the Contractor/s shall take immediate corrective action as directed by the Railway’s representative at site. Any direction in the matter shall in no way absolve the Contractor/s of his/their sole responsibility to adopt safe working methods.

33. The Contractor/s shall execute the works, so as to ensure absolute safety of Contractor/s personnel as well as Railway staff and personnel engaged on the works. The Contractor/s should indemnify the Railway against damages and injury to workmen. Railway reserves the right to enforce safety regulations on the Contractor/s and recover any cost which may be incurred for this purpose.

34. Maintenance period: There will be a maintenance period of shown at the first page .

35. Security deposits shall be released as per Para 8.03 Page 11.

36. Foreign Exchange requirement: Any demand of foreign exchange for importing of equipment’s and materials will not be accepted.

37. Variation contract quantities :( (Vide PCE-CCG’s letter No.W.118/0 Vol.V(W6) dated 20/01/2011 in Ref to, {Ref.: Item-l to Railway Board's letter no. 2007/CE.I/CT/18 Pt.XII, dated 31.12.2010}

New Clause 42(4) to Indian Railways General Conditions of Contract. The procedure detailed below shall be adopted for dealing with variations in quantities during execution of works contracts: 1. Individual NS items in contracts shall be operated with variation of plus or minus 25% and payment would be made as per the agreement rate. For this, no finance concurrence would be required. 2. In case an increase in quantity of an individual item by more than 25% of the agreement quantity is considered unavoidable, the same shall be got executed by floating a fresh tender. If floating a fresh tender for operating that item is considered not practicable, quantity of that item may be operated in excess of 125% of the agreement quantity subject to the following conditions: (a) Operation of an item by more than 125% of the agreement quantity needs the approval of an officer of

the rank not less than S.A. Grade; (i) Quantities operated in excess of 125% but up to 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 up to 150% of the agreement quantity of the concerned item shall be paid at 96% of the rate awarded for that item in that particular tender; (iii) Variation in quantities of individual items beyond 150% will be prohibited and would be permitted only in exceptional unavoidable circumstances with the concurrence of associate finance and shall be paid at 96% of the rate awarded for that item in that particular tender.

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

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

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

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

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



(c) It should be certified that the work proposed to be reduced will not be required in the same work. 4. The limit for varying quantities for minor value items shall be 100% (as against 25% prescribed for

other items). A minor value item for this purpose is defined as an item whose original agreement value is less than 1% of the total original agreement value.

5. No such quantity variation limit shall apply for foundation items. 6. As far as SOR items are concerned, the limit of 25% would apply to the value of SOR schedule as a whole and not

on individual SOR items. However, in case of NS items, the limit of 25% would apply on the individual items irrespective of the manner of quoting the rate (single percentage rate or individual item rate).

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

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

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

10. The aspect of vitiation of tender with respect to variation in quantities should be checked and avoided. In case of 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.

38 PRICE VARIATION CLAUSE: Railway Board's letter No. 2007/CE-I/CT/18 Pt.19 Dated 14/12/2012 and PCE-CCG’s letter No.W/118/0 Vol. V (W6) Dt. 11/01/2013.

“Price Variation Clause shall be applicable only for tenders of value Rs. 50 lakhs and more,

irrespective of the contract completion period.” 38.1 Price variation clause (PVC) shall be applicable only for tenders of value as prescribed by the Ministry

of Railways through instructions /circulars issued from time to time and irrespective of the contract completion period. Materials supplied free of cost by Railway to the contractors shall fall out side 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.

38.2 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 the tender. The Price Variation shall be based on the average Price Index of the quarter under consideration.

38.3 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.

38.4Adjustment 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.

38.5Components 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, Insulators, Zinc, Erection etc. However, for fixed components, no price variation shall be admissible.

38.6The percentages of Labour component, material component, fuel component etc. in various types of Engineering Works shall be as under.

Component Percentage Component Percentage

A Earth work Contracts: Labour Component 50% Other Material Component 15% Fuel Component 20% Fixed Component* 15%

B Ballast and Quarry Products Contracts: Labour Component 55% Other Material Component 15% Fuel Component 15% Fixed Component* 15%



C Tunnelling Contracts: Labour Component 45% Detonators Component 5% Fuel Component 15% Other Material Component 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.

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

(i) L = W x (LQ - LB) x Lc LB 100

( i i ) M = W x (MQ - MB) X MC MB 100

(iii) F = W x (Fo - 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

Where, L - Amount of price variation in Labour. M - Amount of price variation in Material. 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. N- Amount of price variation in Non-ferrous. Z- Amount of price variation in Zinc. I- Amount of price variation inInsulator. Lc - Percentage of Labour component. Mc- Percentage of Material component. Fc- Percentage of Fuel component. Ec- Percentage of Explosive component. Dc- Percentage of Detonators component. Tc- Percentage of Concreting component. Rc- Percentage of Ferrous component. Nc- Percentage of Non-Ferrous components. Zc- Percentage of Zinc Components. W - Gross value of the work done by the contractor as per on- account bill(s) excluding cost of materials

supplied by Railway at fixed price. Minus the price values of cement & steel. This will also exclude specific payment, if any, to be made to the consultants engaged by the contractor (such payment shall be indicated in the contractor’s offer).



LB Consumer Price Index Number for Industrial Workers - All India : Published in R.B.I. Bulletin for the base period

LQ Consumer Price Index Number for Industrial Workers - A l l India : Published in R.B.I. 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 R.B.I. Bulletin for the base period

MQ Index Number of Wholesale Prices - By Groups and Sub-Groups : All commodities - as published in the R.B.I. Bulletin for the average price index of the 3 months of the quarter under consideration

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

FQ Index Number of Wholesale Prices - By Groups and Sub-Groups for Fuel and Power as published in the R.B.I. Bulletin for the average price index of the 3 months of the quarter under consideration

EB Cost of explosives, as fixed by DGSAD 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 DGSAD 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 DGSAD 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 SAIL'S (Steel Authority of India Limited) ex-works price plus Excise Duty thereof (in rupees per tonne) for the relevant category of steel supplied by the contractor, as prevailing on the first day of the month in which the steel was purchased by the contractor (or) QS prevailing on the first day of the month in which steel was brought to the site by the contractor, whichever is lower

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

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 A lime for the month which is six months prior to date of casting of foundation

CO RBI wholesale price index for cement A lime for the month which is one month prior to date of opening of tender

RT IEEMA price index for Iron A Steel for the month which is two months prior to date of inspection of material.

RO IEEMA price index for Iron A 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

{Authority : Railway Boards circular no. 2007/CE-I/CT/18/Pt 13, dated 02.05.2014}

38.8 The demands for escalation of cost shall be allowed on the basis of provisional indices made

available by Reserve Bank of India. Any adjustment needed to be done based on the finally published indices shall be made as and when they become available.

38.9 Relevant categories of steel for the purpose of operating Price Variation formuala, as mentioned in

this clause, based on SAIL’s ex-works price plus excise duty thereof, shall be as under.

SL Category of steel supplied in Railway work

Category of Steel produced by SAIL Whose ex-works price plus Excise duty would be Adopted to determine Price Variation.

1 Reinforcement bars and other rounds TMT 8 mm IS 1786 Fe 415/Fe 500 2 All types and sizes of angles Angles 65 x 65 x 6 mm 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 & joists Channels 200 x 75 mm IS 2062 E250A

SK 5 Any other section of steel not covered

in the above categories and excluding HTS

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

38.10 Price Variation During Extended Period of Contract.

The price adjustment as worked out above, i.e. 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-A of the General Condition of Contract. However, where extension of time has been granted due to contractor’s failure under clause 17-B of the General Condition of Contract, price adjustment shall be done as follows:

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

b. In case the indices fall below the indices applicable to the last month of original /extended period of completion under Clause 17-A, as the case may be; then the lower indices shall be adopted for the



price adjustment for the period of extension under Clause 17-B of the General Conditions of Contract.

The price variation clause (PVC) of General Condition of Contract (GCC) shall not apply to such a works contract which is either an annual maintenance contract (AMC) or a Zonal contract. (Railway Board letter No. 2013/C/1/CT/0/10/PVC Pt.I dated 27/01/2015).

39. The contractors should take all precautions for safety of his/their labour, vehicles working at site

while crossing the state highway/railway track and ensure no interference with smooth movement of road/rail traffic.

40. Excepted Matter : All measurements, methods or measurements meaning and intent of specifications and interpretation of special conditions of contract, given and also made by the Railway or by the Engineer on behalf of the Railway shall be final and binding and shall be considered “Excepted Matters” in terms of Condition No. 63 of the General Conditions of Contract and will strictly stay out side purview of any arbitration limit and will not be arbitrable.

41. Agreement/Sub-Agreement:

One Contract Agreement will be entered into for entire tender. However, for the purpose of payment and their finalisation separate sub-agreement/work orders for individual schedules may be issued.

42. Agreement Charges :

The successful tenderer/s shall pay all local charges in connection with the preparations, stamping and registration of the agreement and other incidental charges if any.

43. Clearance of site :

The Contractor after completion of the work shall clear the site of work and tidy up the area and remove left over materials, debris, etc. In case the contractor fails to do so, the same will be removed at the cost of the contractor by the Engineer’s representatives, Rates quoted shall be inclusive of the work of clearing site, tidying etc. after completion of the work.

44. Completion period : 44.1 Time is the essence of contract and the entire work will have to be completed with in [as mentioned

3in front page] Months including monsoon period from the date of issue of letter of acceptance of tender in strict accordance with the detailed instructions laid down in Special Conditions/Specifications of contract and adhering to the stage targets specified for sub works and elaborated under scope of work/stage targets for completion and instruction to the tenderer.

44.2 The contractor/s shall strictly adhere to the programme framed by the Engineer or his representative taking into account of the stipulation such as site conditions so as to complete the work within the time allotted to the contractor/s.

44.3 Contractor/s will have to employ labour in full strength commensurate with the requirement of work and adhering to the Stage Targets. He will also arrange for equipment’s to complete the job most expeditiously within the stipulated completion period. The Engineer’s decision as to what is full strength will be final.

44.4 The contractor shall be required to complete the various sub work or items of sub-work in phased and programmed manner and submit a detailed programme for completing the same, within time schedule immediately after receipt of tender acceptance letter. The programme may be altered/modified by Engineer-in-Charge depending on the priority of the work.

45. Modification of contract:



45.1 Modification to contract to be in writing in the event of any of the provision of the contract requiring to be modified, after the contract documents have been signed, the modifications shall be made in writing and by the Railway and the contractor, and no work shall proceed under such modifications unless this has been done. Any verbal or written arrangement abandoning, modifying, extending, reducing or supplementing the contract or any of the terms thereof shall be deemed conditional and shall not be binding on the Railway unless and until the same is incorporated in a formal agreement and signed by the Railway shall have right to repudiate such arrangement.

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

45.3 The Contractor shall be bound to carry out the work at the agreed rates and shall not be entitled to any claim or any compensation whatsoever upto the limit of (+/-) 25% variation in overall cost of the work. However, variation in an individual item may go to any extent within the limit of (+/-) 25 % of contract value and it value of work exceeds 25 %, the negotiation with the contractor shall be held in terms of para 1268 of E/Code.

45.4 In case of earth work the variation limit of 25% shall apply to the gross quantity of earth work and variation in the quantities of individual classification of soil shall not be subject to this limit.

45.5 In case of foundation work no variation limit shall apply & the work shall be carried out by the contractor on agreed rates irrespective of any variation.

46 VALUATION OF VARIATION The enlargements, reductions, alterations or extension addition referred to in sub-clause (2) of the clause shall in no degree affect the validity of the contract but shall be performed by the contractor as provided therein and be subject to the same conditions, stipulations and obligations as if they had been originally and expressly included and provided for in the specifications and drawings and the amount to be paid therefore shall be calculated in accordance with the accepted schedule of rates and extra item/quantities of work falling outside the purview of the provisions of sub clause (2) above shall be paid for at the rates determined under clause 39 of General Condition of Contract.

47 INSTRUCTION/DIRECTIVES OF THE ENGINEER’S REPRESENTATIVE i) The contractor shall at all times, execute the contract work only in the presence and under the

superintendence of the Engineer’s Representative or a Railway employee specifically appointed on his behalf. No work under the contract shall therefore be commenced by the Contractor without the express permission of the Engineer’s representative.

ii) The contractor shall always execute the work under this contract in strict compliance with the instructions/directives by the Engineer’s representative. Any act of non compliance with the instruction/directives issued by the Engineer’s representative shall be considered as a default of the contractor where after the Railway shall be free of take further appropriate action on as provided in the contract for dealing with such defaults of the contractors. The decision off the Engineer’s representative where there has been an act of non-compliance with the instruction/directives of the Engineer’s representative for the purpose of this clause shall be final and conclusive.

iii) The instructions/directives by the Engineer’s representative shall not however absolve the contractor of his responsibility or reduce his responsibility in any manner whatsoever in regards to maintaining at all times the safe working conditions at the work site.

48. PROTECTION AT THE WORKS SITE i) On Railway Track where the train traffic will be operational during the execution of the contract

work, the protection of the works site as considered appropriate and adequate shall be arranged by the Engineer’s Representative at the Contractor’s cost.



ii) Notwithstanding the aforementioned protection at the works site provided by the Engineer’s Representative the contractor shall be responsible for providing appropriate and adequate system for warning the Contractor’s Workmen about the train traffic on or in the vicinity of the site of work. The decision of the Engineer’s Representative whether the facilities provided by the Contractor in this regard are appropriate and adequate or not shall be final and conclusive.

49. NON-COMPLIANCE WITH THE INSTRUCTIONS/DIRECTIVES OF THE ENGINEER’S

REPRESENTATIVE. i) The contractor shall always comply with the instructions/directives issued by the Engineer’s

representative from the time to time. In the event of any non-compliance with such instructions/directives, apart from and in addition to other remedies available to the Railway as specified herein above the Engineer’s representative may employ at the works to the Railway’s workmen with necessary equipment as considered appropriate and adequate by him to provide the requisite conditions for the safe and unhampered movement of Railway traffic. The decision of the Engineer’s representatives in regard to the need appropriateness and adequate of the deployment of the Railway Workmen with necessary equipment shall be final and conclusive.

ii) When the Railway workmen with necessary equipment are deployed in the above manner, recovery at the following rate shall be made from the Contractor’s dues under this contract or any other Moines of the Contractor available with the Railway under this contract. The recovery for the total Railway Workmen Hours employed at the rate of Rs. 25/- (Rupees Twenty five only) per Workmen-Hour irrespective of the type and grade of the Railway Employee actually employed. The aggregate period of the Workman-Hours for the above recoveries shall be reckoned from the time the Railway Workmen are actually deployed at the work site till the work is completed to the satisfaction of the Engineer’s Representative whose decision in this regard shall be final and conclusive.

50. PERSISTENT NON-COMPLIANCE WITH INSTRUCTIONS/DIRECTIVES OF

ENGINEER’S REPRESENTATIVE: i) If the Contractor does not comply with the instructions/directives of the Engineer’s representative,

apart from and in addition to the remedies available to the Railway as specified herein above without prejudice to the Railway rights in this regard, the Engineer’s representative, which for the purpose of this clause shall exclude the Inspector of Civil Engineering Department, appointed by the Western Railway can suspend the Contractor’s work till the Engineer’s Representative is satisfied that the Contractor is in a position/will comply with the instructions/directives issued by the Engineer’s Representative.

ii) The decision of the Engineer’s Representative in this regard shall be final and conclusive. The Contractor shall not have any claim whatsoever against the Railway for such short term/long term suspension of the contract work. iii) During the above mentioned period of suspension of work, the contractor shall not in any manner attempt to carry out any work at the work site. Any such attempt of the contractor shall be deemed to be an unauthorized work on the Railway Track. For such acts, the Contractor shall then be liable for further appropriate action under the relevant provisions of the Indian Railway Act.

51. Warranty:

The Contractor/s shall warrant the materials supplied under this contract to be free of any defects in material and workmanship under ordinary use and service. He/they shall agree to replace any times failing the requirements specified under this contract. The material released during the dismantling of track/item/work shall be returned to the Railway, in case contractor fails to return the material, the recovery shall be made @ of twice of the 65 % of the new material and for the new material the recovery shall be made @ of twice of the procurement price or as per prevailing market rates whichever is more plus 7 % freight/incidental charges and 12.50 % Departmental charges. It



would be the sole responsibility of the contractor to deposit the material received during dismantling or excess issued within the three months from the date of dismantling or issue failing which the recovery of such materials shall be recovered from the next running bill itself and in case of any tools and plants, it would also be the responsibility of the Railway supervisor or officer in charge at site that the T & P issued are exclusively meant for the work and rates be got vetted by the associate finance and HRs (plus and minus) are properly accounted for.

52. The contractor shall construct suitable godowns / site at the site of work for storing material to save

from damage by sun, rain, dampness, fire, theft etc. He should also employ necessary staff to watch the materials at his cost.

53. In case the overall value of the tender of a public sector undertaking of the State or Central

Government is higher than the value of lowest tender up to 10% the Railway reserves the rights to give preference to such public sector undertaking ignoring the lower tenderer/s.

54. If any dispute arises between the parties with respect to this agreement, any application or suit shall

be instituted only in the court with the local limits of whose jurisdiction. the Western Railway’s divisional head quarter office is situated and both the parties shall be bound by this clause.

55. Following Documents shall also form the part of the contract. (i) Western Railway General Condition of Contract (GCC) reprinted in July-2014 (with latest

amendments.) which shall include regulations for tender and contract. (ii) Schedule of Special Conditions/Specifications annexed to this tender and specifications for works

and materials as laid down in the “Unified standard Schedule of Rates 2011 (Works & Materials) of Western Railway & Unified specification book 2010 & IRUSS (Works & Materials) Vol. I & II of 2010.”

(iii) (Ref PCE’s circular No. 49 dated 27/02/2006) 56 Submission of Photo Graphs and Video film : It is necessary to take photo graphs during the execution of works as per instruction of engineer in-

charge at site. 57 MODE AND TERMS OF PAYMENT 57.1 All payments will normally be made only for furnished works on the basis of mode and terms of

payments agreed upon and provided in the contract. 57.2 Payment will be made for the actual work done at site on prorata basis. 58 LIQUIDATED DAMAGES

In case the work is delayed due to reasons attributable to the Railway or the contractor/s the completion period of the contract shall be extended in accordance with the provision of General conditions of contract.

59 TECHNICAL PERSONNEL

A technical supervisor of proven experience in execution shall be engaged by the tenderer on the work. The successful tenderer shall state the name of the technical Supervisor along with his technical qualification degree/diploma, while it may not be necessary for the technical supervisor to reside at site, he should be available at the site of work during the working part of the day. He will be responsible for giving set out and other technical work. Normally no change in the technical personnel during the period of construction would be acceptable to the Railway except under very special circumstances. The railway reserves the right to stop the work in case the technical supervisor of tenderer is not available.



60 SHIFTING OF ELECTRICAL/TELEGRAPH WIRES

In same stretches, high-tension grid towers /electric telegraph/telephones wires or posts etc. are to be shifted. It is expected that the electric lines/towers will be shifted in good time but in case, there is any delay on this account suitable extension in date of completion will be considered and given to the contractor for only the effected portion and no compensation whatsoever in this respect or due to the delay thus caused will be payable and contractor has to adopt such methods of execution of earthwork so as not to cause any damage to existing structure lines etc.

61. CONSTRUCTION PROGRAMME:

The tenderer/s will submit along with his/their tender a Bar Chart indicating the various operations involved and time required for each operation and the programme for execution and completion. The successful tenderers/s will make out PERT chart along with programme chart and submit to the DRM (W) BVP for consideration and approval indicating the various stages of execution, methods of execution and Completion of the work in different stages and in different times keeping the period of Completion in view. The above Programme shall be strictly adhered too. Such Programme shall be submitted within 5 days of acceptance of tender. The tenderer/s is/are required adhering to a given programme of work. In case there are slippages in adhering to the stipulated progress of work, his/their contract would be liable to be rescinded. The contractor/s shall strictly adhere to a the programme framed by the Engineer or his representative taking into account of the stipulation such as availability of land and other site conditions so as to complete the work within the time allotted to the contractor/s. The Contractor/s will have to employ labour in full strength commensurate with working areas available. He will also arrange for materials and equipments to complete the job most expeditiously within the stipulated completion period. The Engineer’s decision as to what is full strength will be final. In case of any dispute regarding the programme of completion delay in execution, etc., for any reason whatsoever the decision of the Engineer-in-Charge shall be final and binding on the contractor/s. The contractor/s will not be entitled to any claim whatsoever on this account.

62.0 COMPLETION CERTIFICATE [a] The work shall not be considered to have been completed in accordance with the terms of contract

until the Engineer-in-charge shall have certificate in writing to the effect, No approval of materials or workmanship or approval of part of the work during the programme of execution shall bind the Engineer- in-charge or in any way prevent him form even rejecting the work which is claimed to be completed and to suspend the issue of his certificate of completion until such alterations and modification of reconstruction have been effected at the cost of the contractor/s as shall enable him to certify that the work has been completed to his satisfaction.

[b] After the work is completed, the contractor/s shall give notice of such completion to the Engineer-in-charge and within 30 days of receipt of such notice the Engineer-in-charge shall inspect the work and if there is no defect in the works shall furnish the contractor/s with a certificate indicating the date of completion. However, if there are any defects which in the opinion of the Engineer in charge are rectifiable he shall inform the contractor/s the defects noticed. The contractor /s after rectification of such defects shall notify the Engineer in charge and then Engineer in charge on his part shall inspect the work and issue the necessary completion certificate within three days, if the defects are rectified to his satisfaction and if not shall inform the contractor/s indicating defects yet to be rectified. The time cycle as above shall continue.

[c] In case defects noticed by the Engineer-in-charge, which in his opinion are not rectifiable but otherwise acceptable at reduced payments, work shall be treated as completed. In such case completion certificate shall be issued by the Engineer-in-charge within 30 days indicating the unrectifiable defects for which specified reduction in payment is being made by him.



63.0 Clause 26 to GCC :Provision of Efficient and competent staff at work sites by the contractor.

Authority - Railway Board letter No.2012/CE-I/CT/0/20 dated 10.05.2013 circulated vide PCE/CCG letter No.W/118/0/Vol.V (W6) dated 03.06.2013 Provision of Clause 26 to GCC as under:

26.1 The contractor shall place and keep on the works at all times efficient and competent staff to

give the necessary directions to his workmen and to see that they execute their work in sound & proper manner and shall employ only such supervisors, workmen & labourers in or about the execution of any of these works as are careful and skilled in the various trades.

26.2. The contractor shall at once remove from the works any agents, permitted sub-contractor,

supervisor, workman or labourer who shall be objected to by the Engineer and if and whenever required by the Engineer, he shall submit a correct return showing the names of all staff and workmen employed by him.

26.3. In the event of the Engineering being of the opinion that the contractor is not employing on

the works a sufficient number of staff and workmen as is necessary for proper completion of the works within the time prescribed, the contractor shall forthwith on receiving intimation to this effect deploy the additional number of staff and labour as specified by the Engineer within seven days of being so required and failure on the part of the contractor to comply with such instructions will entitle the railway to rescind the contract under Clause 62 of these conditions.

63.1 Clause 26A to GCC: Deployment of qualified Engineers at works sites by the contractor. In item of provision of new clause 26A1 of General Conditions of contract vide Railway Board letter No.2012/CE-I/CT/0/20 dated 10.05.2013 circulated vide PCE/CCG letter No.W/118/0 Vol.V (W6) dated 03.06.2013, the contractor shall employ qualified graduate engineer or qualified diploma holder engineer during the execution of work as per below :

(a) One qualified graduate engineer when cost of work to be executed is Rs.200 lakhs and

above, and (b) One qualified diploma holder engineer when cost of work to be executed is more than Rs.25

lakhs, but less than Rs.200 lakhs.

In case the contractor fails to employ the qualified engineer, as aforesaid in Para.14A(a) & (b)above, he, in terms of provisions of clause 26A.2 to the General conditions of contract, shall b e liable to pay an amount of Rs.40,000 and Rs.25,000 for each month or part thereof for the default period for the provisions, as contained in Para 14A (a) and (b) above respectively.

The contractor would be required to furnish the name, with complete bio data including the work experience of the Engineer/Supervisor to the Divisional/Executive Engineer in charge of work, for his approval. The technical supervisor given above shall be available at site during the execution of work to ensure quality, quantity of work as also ensure safety as work site and that of the workers and whenever required by the Engineer incharge, to take instructions.

. The Assistant Engineer shall record in the measurement book in each running bill/final bill, the certificate to the effect that the contractor has employed the requisite technical Engineer/Supervisor as per the norms stipulated in the contract and for his/their absence necessary recovery has been made from the contractor’s bill.



b) Declaration Form I/We hereby declare that I/WE engage and continue in service for the particular work for which tender is submitted one/two/three Engineer/Diploma holder, retired P. Way/works supervisor/ officer.

None of the Engineers will be related to me/us Date Signature of tenderer/s

64.(1) (i) Demand for Arbitration:

In the event of any dispute or difference between the parties hereto as to the construction or operation of this contract, or the respective rights and liabilities of the parties on any matter in question, dispute or difference on any account or as the withholding by the Railway of any certificate to which the contractor may claim to be entitled to, or if the Railway fails to make a decision within 120 days, then and in any such case, but except in any of the excepted matters’ referred to in clause 63 of these conditions, the contractor, after 120 days but within 180 days of presenting his final claim on disputed matters, shall demand in writing that the dispute or difference to be referred to arbitration.

(ii) The demand for arbitration shall specify the matters, which are in question, or subject of the dispute or difference as also the amount of claim item wise. Only such dispute(s) or difference(s) in respect of which the demand has been made, together with counter claims or set off shall be referred to arbitration and other matters shall not be included in the reference.

64 (1) (ii) (a) The arbitration proceedings shall be assumed to have commenced from the day, a written and valid demand for arbitration is received by the Railway.

(b) The claimant shall submit his claim stating the facts supporting the claims along with all relevant documents and the relief or remedy sought against each claim within a period of 30 days from the date of appointment of the Arbitral Tribunal.

(c) The Railway shall submit its defense statement and counter claim(s), if any, within a period of 60 days of receipt of copy of claims from Tribunal thereafter unless otherwise extension has been granted by Tribunal.

64. (1)(iii) No new claim shall be added during proceedings by either party. However a party may amend or supplement the original claim or defense thereof during the course of arbitration proceedings subject to acceptance by Tribunal having due regard to the delay in making it.

64. (1)(iv)If the contractor(s) does/ do not prefer his/their specific and final claims in writing, within a period of 90 days of receiving the intimation from the Railways that the final bill is ready for payment, he/they will be deemed to have waived his/ their claim(s) and the Railway shall be discharged and released of all liabilities under the contract in respect of these claims.

64. (2) Obligation during pendency of arbitration – Work under the contract shall, unless other wise directed by the Engineer, continue during the arbitration proceedings, and no payment due or payable by the Railway shall be withheld on account of such proceedings, provided, however, it shall be open for Arbitral Tribunal to consider and decide whether or not such work should continue during arbitration proceedings.

64. (3)(a)(i)In cases where the total value of all claims in question added together does not exceedsRs.10,00,000/- (Rupees Ten lakhs only), the arbitral tribunal consists of sole arbitrator who shall be Manager or a Gazetted Officer of Railway not below the grade of JA Grade nominated by the General Manager in that behalf. The sole arbitrator shall be appointed within 60 days from the day when a written and valid demand for arbitration is received by Railway.

64. (3) (a) (ii)In cases not covered by clause 64(3)(a)(i), the Arbitral Tribunal shall consist of a panelof three Gazetted Railway officers not below JA Grade, as the arbitrators. For this purpose the Railway will send a panel of more than three names of gazetted Railway officers of one or more departments, of the Railway to the Contractor who will be asked to suggest to General Manager upto two names out of the panel for appointment as contractor’s nominee. The General Manager shall appoint at



least one out of them as the contractor’s nominee and will, also simultaneously appoint the balance No. of arbitrator either from the panel or from out side the panel, duly indicating the presiding arbitrators from amongst the 3 arbitrators so appointed. While nominating the arbitrators it will be necessary to ensure that one of them is from the Accounts Department. An officer of Selection Grade of the Accounts Department shall be considered of equal status to the officer in SA Grade of other departments of the Railway for the purpose of appointment of arbitrators.

64. (3) (a) (iii) If one or more arbitrators appointed as above refuses to act as arbitrator, withdraws from his office as arbitrator, or vacates his/their office/offices or is/ are unable or unwilling to perform his functions as arbitrator for any reason whatsoever of dies or in the opinion of the General Manager fails to act without undue delay, the General Manager shall appoint new arbitrator/arbitrators to act in his / their place in the same manner in which the earlier arbitrator / arbitrators had been appointed. Such re-constituted Tribunal may, at its discretion, proceed with the reference from the stage at which it was left by the previous arbitrators(s). 64. (3) (a) (iv) The arbitral Tribunal shall have power to call for such evidence by way of affidavits or other wise as the Arbitral Tribunal shall think proper, and it shall be the duty of the parties hereto to do or cause to be done all such things as may be necessary to enable the Arbitral Tribunal to make the award without any delay.

64. (3) (a) (v) While appointing arbitrator(s) under sub-clause (i), (ii) and (iii) above, due care shall be taken that he/they is/are not the one/those who had opportunity to deal with the matters to which the contract relates or who in the course of his/their duties as Railway servant(s) expressed views on all or any of the matters under dispute or differences. The proceedings of the Arbitral Tribunal or the award made by such Tribunal will, however, not be invalid merely for the reason that one or more arbitrator had, in the course of his service, opportunity to deal with the matters to which the contract relates or who in the course of his/their duties expressed views on all or any of the matters under dispute.

64. (3) (b) (i)The arbitral award shall state item wise, the sum and reasons upon it is based. 64 (3) (b) (ii)A party may apply for corrections of any computational errors, any typographical or

clerical errors or any other error of similar nature occurring in the award and interpretation of a specific point of award to tribunal within 30 days of receipt of the award.

64. (3) (b) (iii) A party may apply to tribunal within 30 days of receipt of award to make an additional award as to claims presented in the arbitral proceedings but omitted from the arbitral award.

64. (4)In case of the Tribunal comprising of three members, any ruling or award shall be made by a majority of Members of Tribunal. In the absence of such a majority, the views of the Presiding Arbitrator shall prevail.

64. (5)Where the arbitral award is for the payment of money, no interest shall be payable on whole or any part of the money for any period till the date on which the award is made.

64. (6) The cost of arbitration shall be borne by the respective parties. The cost shall inter-alia include fee of the arbitrator(s) as per the rates fixed by the Railway Administration from time to time.

64. (7) Subject to the provisions of the aforesaid Arbitration and conciliation Act 1996 and the rules there under and any statutory notification thereof shall apply to the arbitration proceedings under this clause.

(Authority: General Conditions of Contract Edition August – July-2014 with latest amendments. 65. SAFETY PRECAUTION TO BE TAKEN WHILE PERMITTING PLYING OF

VEHICLES ADJACENT TO RUNNING LINES TO PREVENT ACCIDENT TO TRAINS Whenever a lorry or any other form of road transport if required to ply along, or in the vicinity of a running line or any other railway track where Railway Engines or trains are scheduled to move, the contractor shall inform the Engineer, in writing, of such requirement specifying the locations and the duration of the time over which such specified road vehicles have to operate in the area(for loading, leading or unloading of earth, ballast or any other material, plant or equipment) without any obstruction or dislocation to the running of trains. The contractor shall also furnish the particulars of



vehicles and the names and photographs of driver and attendant retained for each vehicle to enable the Engineer to issue necessary permits allowing the holder to operate the vehicles, with such restrictions regarding the duration and/or location as are considered necessary. Such permits shall be returned to the Engineer as soon as the work for which it is issued is over.

65.1 The contractor shall execute a Bond undertaking to ply the road vehicles in a safe and satisfactory manner and strictly in accordance with the stipulations and other conditions specified by the Engineer and to engage and retain only the permit holder to be the contractor’s agent in-charge of the vehicle, while driving or at rest. The person in charges of the vehicle and the attendants shall at all times be vigilant and on the look out for signals from the look out men, flagmen or other personnel available at site with a view to stop or regulate the road movement so as to ensure adequate margin of safety for the timely passage of an approaching train or a Railway engine, without any delay or detention.

65.2 The contractor shall also be bound by the provisions of this agreement, to ply the road vehicles only with adequate margin of safety, well clear of the fixed structure profile of infringements, as stipulated in the rules made under the Indian Railway Act and to seek and be guided by the signals and other directions of any lookout men or other personnel retained for the purpose of ensuring safety, and to ensure care and vigilance while turning, reversing or moving the road vehicle in any other manner, at an inclination to the running Railway track or the siding, as the case may be.

65.3 The contractor also undertakes to make good at his own cost any inconvenience, loss, damage or other expenses caused to or incurred by the Railway Administration and to pay such amounts as determined by the Engineer to be recoverable from the contractor as penalty or damage for any omission, negligence, careless, oversight or accident on the part of any of the contractor’s agent, drivers or attendants or any other person to whom the services of the holder of the permit (issued by the Engineer) has been lent or otherwise made accessible or available).

65.4 Any breach of these conditions by the contractor and/or his agent affecting the safety of movements of trains, engines or other rolling stock of the Railway shall constitute a breach of contract by the contractor entailing liability for termination of contract for default on the part of the contractor. The tenderer/s will be permitted to make use of the level crossing for crossing the track after observing the standard railway safety precaution. If such precautions are not taken, these will be enforced by the Railway by adequate arrangements and the cost thereof shall be recovered from the contractor.



BANK GUARANTEE BOND The president of India, Through the Divisional Railway Manager (Works), Western Railway, Divisional Railway manager’s Office, Bhavnagar Para.

1. In consideration of the president of India (hereinafter called. “The Government “) having agreed to accept from. ………(hereinafter called. “The said contractor/s), under the terms and conditions of an Agreement/Acceptance letter dated ……. made between …………..and ………………(hereinafter called “ the said agreement “ ) the Performance guarantee for the due fulfillment by the Contractor/s of the terms and conditions in the said Agreement on production of 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 the government an amount not exceeding Rs. ……….against any loss or damage caused to or suffered by or would be caused to or suffered by the Government by reason of any branch 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 undertaken to pay the amounts due and payable under this guarantee without any demur, merely on demand from the Government stating that the amount claimed is by way of loss or damage caused to or suffered by the Government by reason of breach by the said contractor/s of any of the items or conditions contained in the said agreement or by reason of the contractor/s failure to perform the agreement, any such demand made on the bank shall be conclusive as regards the amount due and payable to the Bank under this guarantee. However, our liability under this guarantee shall be restricted to an amount not exceeding Rs……………………..

3. We undertake to pay to the Government any money so demanded notwithstanding any dispute or disputes raised by the contractor(s)/supplier (s) in any suit or proceeding pending before any Court or Tribunal relating thereto our liability under this present being absolute and unequivocal. The payment so made by us under this bond shall be a valid discharge of our liability for payment there under and the contractor(s)/suppliers(s) shall have no………….against us for making such payment.

4. We, ……….(Indicate the name of the 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, including Maintenance/ Warrantee period, and that it shall continue to be enforceable till 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 Railway certified that the terms and conditions of the agreement have been fully and properly carried out by the said Contractor(s) and accordingly discharged this guarantee, unless a demand or claim under this guarantee is made on us in writing on or before the………………we shall discharged form 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 condition of the said agreement or to extend time of performance by the said contractor(s) from time to time or to postpone from any time or from time to time any of the powers exercisable by the Government against the said contract and to forebear 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 contractor/s or for any forbearance act or omission on the part of the Government or indulgence by the Government to the said contractor(s) or such any matter or thing whatsoever which under the law relating to sureties would, but for this provision, have effect of so relieving us. 6. This Guarantee will not discharged due to the change in the constitution of the bank or the Contractor(s)/ Supplier(s). 7. We,……….(Indicate the name of Bank) ………….undertake not to revoke this guarantee during its currency except with the previous consent of the government in writing. Date this…………….day of ………..2006 For…………………………… (Indicate the name of Bank) Signature of tenderer For Principal Chief engineer.



Name of Work: Provision of 6 Nos. RCC box of size 2 X 2.50 M and toe wall, stone pitching and protection work etc on breaches portion from KM 39/3 to 43/8 between Liliya Mota – Savarkundala on Dhasa – Rajula section (BG) Schedule “A” (Part-I)

Sr.

No. USSOR Item No.

Description Qty. Rate Unit Amount

011010 Earth work in excavation as per approved drawings and dumping at embankment site or spoil heap, within railway land, including 50m lead and 1.5m lift, the lead to be measured from the centre of gravity of excavation to centre of gravity of spoil heap: the lift to be measured from natural ground level and paid for in layers of 1.5m each, including incidental work, as per specifications-in

1

011011 All Kinds of soils 292.61 109.36 Cum 32000 195030 Centring and shuttering

including strutting, propping etc. and removal of form for :

195032 Abutment, pier, wing walls and return walls

1185.00 282.60 Sqm 334881

2

195038 In Bottom/top slab, side walls, toe wall and sumps haunch filling head walls or any other component

1891.00 282.60 Sqm 534397

Total of Schedule A (Part-I) Rs. 901278

Rate to be quoted by tenderer on Rs. 9,01,278/- .……… % Above/ Below/At Par. Rate to be quoted in words…………………………………% Above/ Below /At Par.



Schedule “A” (Part-II)

Sr.

No. USSOR Item No.


1 192030 Providing and laying Plain Cement Concrete 1:3:6 with graded stone aggregate of 40 mm nominal size, in foundation and floors, retaining walls of bridges including mechanical mixing, vibrating, pumping and bailing out water where ever required with all materials and labour complete but excluding the cost of cement and shuttering as per drawings and technical specifications as directed by Engineer

23.52 1125.86 Cum 26480

2 192050 Providing and laying in position machine mixed, machine vibrated and machine batched Design Mix Cement Concrete M20 grade (Cast - in Situ) using 20 mm graded crushed stone aggregate and coarse sand of approved quality in Abutment, pier, wing walls and return walls of Mass cement concrete above RCC raft Including finishing complete as per specifications and direction of the Engineer in charge. Payment for cement, reinforcement and shuttering shall be paid extra

123.90 1275.50 Cum 158034

3 194010 Providing and laying in position machine mixed, machine vibrated and machine batched Design Mix Cement Concrete M35 grade (Cast - in Situ) In Bottom/top slab, side walls, toe wall and sumps haunch filling head walls or any other component using 20 mm graded crushed stone aggregate and coarse sand of approved quality of cast-in-situ RCC box of size upto 5 M (bigger inside dimension) including finishing, Admixtures in recommended proportions (as per IS 9103), if

474.54 1275.50 Cum 605276



Sr. No.

USSOR Item No.


approved in Mix design, to accelerate, retard setting of concrete, improve workability without impairing strength and durability, complete as per drawings and technical specifications as directed by Engineer in charge. Payment for cement, reinforcement and shuttering shall be paid extra

4 116070 Finishing with Epoxy paint (two or more coats) at all locations prepared and applied as per manufacturer's specifications including appropriate priming coat, preparation of surface, etc. complete on concrete work

822.00 102.81 Sqm 84510

Total of Schedule A (Part-II) Rs. 874300 Rate to be quoted by tenderer on Rs. 8,74,300/- .……… % Above/ Below/At Par. Rate to be quoted in words…………………………………% Above/ Below /At Par.

Schedule “A” (Part-III)

Sr. No.

USSOR Item No.


1 154140 Providing and fixing 75 mm PVC soil, waste and vent pipes including jointing and cost of spun yarn and sand etc., complete

470.00 169.83 Metre 79820

Total of Schedule A (Part-III) Rs. 79820 Rate to be quoted by tenderer on Rs. 79,820/- .……… % Above/ Below/At Par. Rate to be quoted in words…………………………………% Above/ Below /At Par.



Schedule “A” (Part-IV)

Sr. No.

USSOR Item No.


1 045010 Supplying Reinforcement for R.C.C. work including straightening, cutting, bending, placing in position and binding all complete.

045016 Thermo-Mechanically Treated bars

107717 57.94 Kg 6241123

Total of Schedule A (Part-IV) Rs. 6241123 Rate to be quoted by tenderer on Rs. 62,41,123/- .……… % Above/ Below/At Par. Rate to be quoted in words…………………………………% Above/ Below /At Par.

Schedule “A” (Part-V)

Sr. No.

USSOR Item No.


1 Unforsen USSOR items for successful execution of work.

6 438410 Each 2630460

Total of Schedule A (Part-V) Rs. 2630460


Schedule “A” (Part-VI)

Sr. No.

USSOR Item No.


1 033060 Supply and using cement at worksite :

033062 OPC 53 grade 248.05 4830.00 Tonne 1198082

Total of Schedule A (Part-VI) Rs. 1198082




Schedule “A” (Part-VII)

Sr. No.

USSOR Item No.


1 021510 Hiring of JCB Machine (in good working condition) for leveling and dressing ground / dismantling structures including disposal of debris through dumpers etc. with contractor’s labour, JCB machine, machine operator, fuel, etc. The contractor shall arrange road permit for vehicle for all the States of operation, as per instructions of engineer in-charge and vehicle shall not be more than three years old. Payment shall be made for actual working hours at site.

300 849.93 Hours 254979

Total of Schedule A (Part-VII) Rs. 254979




Schedule “B”

Sr. No.

USSOR Item No.


011010 Earth work in excavation as per approved drawings and dumping at embankment site or spoil heap, within railway land, including 50m lead and 1.5m lift, the lead to be measured from the centre of gravity of excavation to centre of gravity of spoil heap: the lift to be measured from natural ground level and paid for in layers of 1.5m each, including incidental work, as per specifications-in

1

011011 All Kinds of soils 1620 109.36 Cum 177163 2 012010 Extra over item 011010 for

excavation in foundations for buildings and bridges to cover dressing to neat dimension and plumbing sides etc. Note : Dressing under this item is payable for the total quantity of excavation in foundation and not partly

1620 12.50 Cum 20250

3 192030 Providing and laying Plain Cement Concrete 1:3:6 with graded stone aggregate of 40 mm nominal size, in foundation and floors, retaining walls of bridges including mechanical mixing, vibrating, pumping and bailing out water where ever required with all materials and labour complete but excluding the cost of cement and shuttering as per drawings and technical specifications as directed by Engineer

540.00 1125.86 Cum 607964

4 192050 Providing and laying in position machine mixed, machine vibrated and machine batched Design Mix Cement Concrete M20 grade (Cast - in Situ) using 20 mm graded crushed stone aggregate and coarse sand of approved quality in Abutment, pier, wing walls and return walls of Mass cement concrete above RCC raft Including finishing complete as

270.00 1275.50 Cum 344385



Sr. No.

USSOR Item No.


per specifications and direction of the Engineer in charge. Payment for cement, reinforcement and shuttering shall be paid extra

5 195030 Centring and shuttering including strutting, propping etc. and removal of form for :

195032 Abutment, pier, wing walls and return walls

1200.00 282.60 Sqm 339120

6 061010 Random rubble masonry with hard stone in foundation and plinth including levelling up with concrete as per specifications, upto plinth level with :

061014 Cement mortar 1:6 (1cement: 6fine sand)

2520 1722.76 Cum 4341355

7 111010 12 mm cement plaster of mix -

111012 1:6 (1cement: 6fine sand) 7920 60.27 Sqm 477338

8 221060 Providing and laying Pitching with stone boulders weighing not less than 35 kg each with the voids filled with cement sand mortar 1:4 on slopes laid over prepared filter media including boulder apron laid dry in front of toe of embankment complete as per drawing and Technical specifications (Filter media to be paid separately under the relevant item)

5628.00 1634.11 Cum 9196771

9 221070 Providing and laying Filter material As Per RDSO Specifications underneath pitching in slopes complete as per drawing and Technical specification

1286.00 1101.14 Cum 1416066

10 033060 Supply and using cement at worksite :

033062 OPC 53 grade 1152.85 4830.00 Tonne 5568266

11 Unforsen USSOR items for successful execution of work.

LS LS LS 500000

Total of Schedule “B” Rs. 22988678

Rate to be quoted by tenderer on Rs. 2,29,88,678/- .……… % Above/ Below/At Par. Rate to be quoted in words…………………………………% Above/ Below /At Par.



Schedule “C” (Part – I)

Sr.

No. Description Qty. Rate Unit

Amount 1 NS/1 Pushing RCC box of size (2.0m x 2.50m)

making all necessary arrangements of sufficient number of jacks and its consumables like hydraulic oil etc., arrangements for electricity, Generator minimum 30 KVA, arrangements for smooth pushing work , if any, together with all labour and material. The rate includes the cost of operating the jacks,protection of track for any variations in the track geometry, stabilizing the earth using bentonite or other protections. Necessary arrangements like gunny bags filled with sand shall be made to deal with any unexpected requirements. The contractor has to utilize the thrust bed prepared for the purpose of pushing as per the directions of Engineer in charge . No additional payment shall be made for skilled or unskilled labour used in the item. The rate includes the cost of designing the thrust bed . The payment for construction of thrust bed and RCC box shall be made under relevant SOR items. The design of the thrust bed shall be finalized only after the approval of Engineer in charge.

91.00 7424.84

Rm 675660

2 NS/2 Dismantling of existing BG track consisting of 90R/52Kg/60Kg or any other rails laid on ST/CST-9/wooden/PSC sleepers of varying sleepers density, other than turnout including leading and stacking released materials at specified location as directed by Engineer in charge at site . The rates includes dismantling of SEJs,trap points ,glued joints,block joints and shall not be paid separately . The rates include leading and stacking of all released materials like rails , sleepers, fastenings complete. If any rail cuts are required the same shall be paid separately under the relevant items.

390.00 106.00 TRm 41340

3 NS/3 Launching of Railway's relieving girder of overall length from 14 to 22 meter after removing of track , ballast,excavation earth on properly prepared wooden/CC cribs supports as per approved scheme of launching Railway's approved drawings and specifications by contractor's tools and plants,machineries , labour,equipment etc. complete. The work includes fixing of track i.e. wooden sleepers and

6.00 183600 Each 1101600



Sr. No.


rails to Railway specification and standards to the relieving girder and necessary adjustment in the longitudinal and cross levels after insertion of the relieving girder in the track to maintain safety of trains on the relieving girder and its approaches.

4 NS/4 Delaunching of Railway's 14 to 22 meter long relieving girder from bridge and stacking at bridge approach with contractor's tools and plants,equipments,consumables etc.complete as per specification , special condition and detailed scope of work as furnished in the tender and as directed by Engineer in charge of work. Note:-(1) Dismantling of overlaying track shall be paid through other relevant item. (2) Each girder conssists of two cross braced levels.

6.00 54000 Each 324000

5 NS/5 Transportation of RH girder /CC crib any other railway materials required to be transportation including loading,unloading, leading ,lifting,hoisting,lowering with all equipment, T&P,labour,cranes etc.complete.

`8250.00 4.76 Per MT/K

M

39270

Total of Schedule “C” (Part-I) 2181870


Schedule “C” (Part – II)

Sr. No.

Description

Qty. Rate Unit Amount

1 NS/6 Making cut by Hack Saw blade in 52Kg/60Kg rails with contractor's own tools and labor and cutting equipments etc. complete.

72.00 70 Per Cut

5040

2 NS/7 Making 32mm dia holes true in 52Kg/60Kg rails web either on cess or in running lines with contractor's own machine, tools, plants and labours complete. The rate shall include chmfering of drilled holes with contractor's own chamfering machine.

288.00 25 Per hole

7200



3 NS/8 Laying 90R/52Kg/60Kg panels

consisting of free rails/ 3 rails/ 5 rails/10 rails panles/20 rail panels with all fittings on sleepers of any density and linking the rails with fish plates and fastenings to specified gauge as directed under block. (Joints should be perfectly square). Note:-Before insertion of ERC clips all the clips are to be greased by the contractor with ographite (Which will be supplied by Railway free of cost) No extra payment will be made for such greasing. Rail panels will be made available any where in yard including on loop also. No extra payment will be made for collection of rails.

390.00 25 Track Rm.

9750

4 NS/9 Pairing of 52 Kg/ 90R (Free rails/ rail panels) unloaded in the block section/ in yard in way that joints in each are opposite to each other and spreading the same on cess along the track. (The work includes all lead / lift / crossing of track if required.)

390.00 3.04 TRm 1186

5 NS/10 Transportation of 90R/ 52 kg rails form site of work to nominated station/Yard by road vehicle/Rail dolly etc. and vice versa. The transportated rails should be properly stacked in to station yard/LC on any other suitable location as per the instructions of representative of Engineer in Charge. (The work includes loading and unloading in to Road Vehicles/Rail dolly with Contractor's own labour tools and plants, Transportation means/Rail dolly. Only flagman for protection of Rail dolly working will be provided by Railway. (No Block will be provided for Rail dolly Working).( Payment shall be made as per standard weight of rails) (Maximum lead of 5 Kms.)

41.00 304 MT 12464



6 NS/11 Transportation of Metal /

Wooden /Any type of sleepers with all fittings and fastenings from site of work to nominated station / yard by road vehicle/Rail dolly and vice versa. The transported sleepers should be properly stacked in to station yard/LC or any other suitable location as per the instructions of the representative of Engineer in Charge. The work includes loading and unloading in to road vehicle/rail dolly with contractor's own labour, tools & plants, transportation means/Rail dolly. Only flagman for protection of rail dolly working will be provided by Railway. (No block will be provided for Rail dolly working.). ( lead up to 5 Kms.)

160.00 304 MT 48640

7 NS/12 Making cut by Gas Cutter in 90R/52Kg/60Kg rails with contractor's own tools and labour and cutting equipments etc. in track.

24.00 53.90 Per Cut

1294

NS/13 Through Packing of newly laid track/deep screened track as per the procedure laid down in IRPWM para 224 for making the track fit for 20 KMPH speed. The work shall include opening of track, squaring of sleepers alignment, gauging and packing of sleepers and repacking of joints and dressing and boxing as per standard profile with contractor's own labour, tools etc. complete.

(a) First through packing to make track fit for 20 KMPH.

390.00 16.00 T.Rm. 6240

8

(b) Second through packing to make track fit for 45 KMPH.

390.00 8.55 T.Rm. 3335

9 NS/14 Extra rate for disposing off the muck in station yard where lead is more than 50 meters and less than 10.0 kms. ( Muck should be disposed off within Railway limit as directed by engineer in charge. The muck generated after execution of Turnout Renewal shall also be payble under this item.)

390.00 160.00 Track Rm.

62400

Total of Schedule “C” (Part-II) 157549




SPECIAL CONDITION AND SPECIFICATION OF NS ITEMS

NS/1:-Pushing of RCC Box

This item is meant for pushing of RCC Box as per the Railway's General arrangement drawing and providing the same under running Railway traffic conditions by open cut and pushing method to correct level and alignment. All necessary arrangements of jacks, plants, equipments, generator, power arrangements as required shall be made by the Tenderer/s. It will be the responsibility of the contractor to get the soil strata of the site of work checked. Soil strata shown in the GAD is only representative. Nothing extra shall be payable on this account beyond the rate quoted in the tender against this item. The item includes designing of thrust bed including its foundation as approved by Engineer-in-charge with contractor’s own design. Payment for casting of thrust bed and RCC Box including earthwork, leading and lifting of earth, dewatering, if any, concreting as well as cement and reinforcement steel and other items for thrust bed and RCC Box shall be payable under relevant USSOR item(s).

The item includes taking suitable precautions while pushing the box under running Railway traffic to ensure that there is no disturbance to the overlaying track and there is no shift in the box either in the horizontal or the vertical direction. For the purpose of payment under this item, measurement of the pushed length of box in final position will be measured. The No. of boxes segments to be pushed shall be decided by Engineer in charge subjected to max of 4 (four) nos. Thrust bed for segments shall be of sufficient width to accommodate two boxes side by side or as considered suitable by the Engineer In Charge i.e. both the boxes to be cast before jacking. Pushing of Box will not be allowed until both segments are casted. This may involve casting of additional/auxiliary thrust beds for which approval of design and location will be as per the direction of Engineer in Charge for which no extra payment will be made. The cost of slewing the RCC box/segments in line of pushing is included in this item and no additional payment shall be made for slewing of box/segments. The item also includes provision of all temporary protection work as necessary for existing running Railway tracks and removing the same after completion of work. Decision of Engineer in charge regarding temporary protection work shall be final and binding to the contractor. Pushing of box shall be done in the presence of Engineer-in-charge or his authorised representative of the work at site. Normally pushing activity during night is strictly prohibited unless until specifically ordered by the Engineer in charge in writing. All the existing underground and overhead services such as pipelines, cable lines, telephone line etc. which may interfere shall be relocated or removed at a suitable place before or during the progress of work as directed by the Engineer-in-charge. Payment will be made under relevant USSOR item.



The contractor can be asked to remove any buried foundation or overhead of obstruction for which he shall be paid under relevant USSOR items. Suitable speed restrictions as per the approved sanctioned drawing shall be imposed during the pushing work. The speed restriction shall be made available as per the running traffic conditions. If for want of traffic blocks or speed restrictions, the contractor/s work is delayed, the currency of the contract will be extended to the extent considered justified by the Railway. The contractor/s will have no claim whatsoever against the Railway on this account. The contractor shall maintain a suitable gang of P. Way at his own cost during pushing and also during course of work of pre-cast RCC box to maintain the track in proper conditions i.e. in proper line and level. The maintenance of track covers packing of ballast, putting up of additional ballast from nearby stacks including all lead and lift, proper spacing of sleepers and as directed by Engineer in Charge. In case if the contractor fails to maintain the track as per IRPWM or as directed by Engineer in charge, the Railway shall deploy his own laboures for which the recovery shall be made as per extant Rules. The contractor has also to note that’s the gang deployed by him for maintenance of track shall be fully conversant with P. Way working. The contractor shall also depute competent technical staff, basing them at the site of work during the box pushing operation as well as during the period the box is in critical position vis-à-vis the track and extra attention is required in track maintenance. The decision of the box being in critical position rests with the Engineer-in-charge or his representative. The rate considered in the tender for box size of 2.0m x 2.50m internal dimensions having cubical content of concrete as 2.43 Cu.m. per Rm. (As per standard RDSO drawing). If the dimensions of box changes, then pro-rata basis of cubical content of the concrete will be considered for payment. The item includes all cost of labours, materials, plants, & machinery etc. complete in all respect as directed by Engineer In Charge including all protection and all temporary work & all required items for successful completion of the work. While closing the work on day to day basis it will be responsibility of successful tenderer to protect the cutting face of box pushing work by suitable means. During monsoon and at any time due to exigencies, for a longer duration if the work is required to be held up the contractor will take measures to prevent slippage of earth at cutting face and elsewhere. NS/2:-Dismantling of existing BG track. Unless otherwise specifically stated, the detailed scope of work of this item shall be deemed to include the cost of the under mentioned works including the cost of T&P, equipments, supervisors, labours, all lead and lift etc. complete as required for the successful completion of the work at Contractor’s cost. The rate includes the use of machinery like cranes etc for lifting and placing the dismantled structure. The following works shall be under the scope of this item: (1) Dismantling of track under traffic block/non traffic block on LC, and stacking the released materials at the nominated location or transporting to the location as per the instruction of the



Engineer in charge. No extra payment shall be made for stacking but transportation beyond 150m shall be paid for under relevant item of this tender. (2) The released material after dismantling shall be placed on cess or in railway land so as not to interfere with other operations of work. Payment for dismantling shall be made per RM of track measured along the center line of track. NS/3:-Launching of Railway’s relieving girder. This item basically involves dismantling of existing track on all type of sleepers at the location where relieving girder is to be inserted in traffic block of suitable duration and inserting relieving girder 14-22 m long, already fixed with linked track. Following shall be the special conditions for execution of this item:- The scope of work includes:- (i) Linking of track with wooden sleepers on the girder, stacked by the side of the bridge. The linking will be paid separately against the relevant NS item. In case, the track is already linked with minor deficiencies the adjustment to the track parameters and providing missing fittings/sleepers etc. shall be done against this items only and no payment for linking shall be made. For linking payment shall be made only if track is provided a fresh. (ii) Once the relieving girder with track linked on it is ready, a short duration traffic block of (suitable duration) shall be arranged by Railway for making the trench for inserting the girder and contractor has to excavate the earth and insert the C.C. Cribs, wooden gutkas below the Rail and provide sufficient wooden packing and ensure leveling arrangement for passage of traffic at 20 kmph after every blocks. (iii) Suitable duration of traffic block shall be arranged by Railway to provide ends cribs for resting the R/girders and contractor has to arrange sufficient labour for excavation, for insertion and leveling the C.C. Cribs complete as per the drawing, with complete leveling/alignment for passage of traffic @20kmph, after block. For insertion of R/Girder in suitable duration traffic block, contractor shall arrange road crane of suitable capacity for tackling the R/Girder with sufficient labour and standby arrangement of road crane and ensure insertion work shall be completed in stipulated duration of traffic block. (iv) After insertion of R/Girder, the contractor has to connect the track on both approaches and pack the track in order to make the track fit to pass the train at 20kmph on the R/Girder and both the approaches. (v) After insertion of R/Girder, the contractor has to arrange a gang of about 10 sufficient skilled labour round the clock for maintaining the R/Girder & its track in proper line/leveling and alignment and the gang will work as per instructions of site-in-charge. In case of settlements of the sleeper/cc crib the additional pickings and other repairs shall be done against this item only. contractor has to arrange sufficient tools like track jacks, pulley blocks, wooden packing, crow bars etc. and plants for maintaining the R/girder and track on approaches.



(vi) The rate quoted by the contractor shall include all labour, machinery, tools and plants, cranes, etc. to complete the work. The complete work is to be carried out in traffic blocks of suitable duration as decided by the Engineer-in-Charge. Contractor shall ensure that sufficient labour, T&P, machinery, crane of required capacity is arranged on the scheduled day of block and if the Engineer-in-Charge is not satisfied with the arrangement made by the contractor he will be at liberty not to take the traffic block. The contractor will have no right to claim whatsoever on such account. (vii) The rate includes all kinds of operations required for handling of track before and after inserting the relieving girder in order to maintain continuity of track so as to pass the trains at a restricted speed of 20 kmph. For this purpose the tracks on approaches may have to be lifted and packed. The contractor shall make his own arrangement and the rate includes cost of lifting and packing if required on approaches. (viii) The railway shall make efforts to provide block as required, however, no extra payment shall be allowed on account of non grant of block on any day/date or of any duration. The contractor shall account for such eventuality in the rate for this item. For crane working, the special conditions given elsewhere in the document shall be applicable. (1) The launching to be done by use of road cranes, scheme/methodology shall be submitted for approval by the railway/ competent authority. (2) While launching of girders, sufficient stand by equipments, including crane shall be kept ready and sufficient labour shall be brought to ensure no bursting of block is there. (1) Girder shall not be damaged during handling. (4) In case the girder is to be removed/delaunched from track and re-launched in the track in same block. Payment shall be made under this item only and no payment for delaunching separately shall be made. The decision of Engineer in charge regarding whether the delaunching and launching is to be done is same or separate blocks shall be final and binding on the contractor. NS/4:-De-launching of Railway’s relieving girder. 4.1. This item basically involves dismantling of existing track on the bridge on all types of sleepers in traffic block of suitable duration and removing of existing relieving girder. The steel girders shall be stacked at suitable location near the bridge as per the instructions of the Engineer. Following points to be observed/ noted for operation of this item. 4.2. The girder should be kept sufficiently away from the track so as to preclude any possible of it infringing the running track. The supports on which girder in kept shall be sufficiently strong as to not yield as to lead to slippage of girder towards track. If required girder shall be anchored on off side of track using ropes, dead man etc. 4.3. The girder shall be delaunched carefully and shall not be damaged.



4.4 The stacking of girder shall be done in ballast or quarry dust or other non cohesive granular soil suitably so retaining that there is no settlement during train passage. The earth work ballast/quarry dust shall be paid for under separate relevant item. 4.5. The work shall be planed by keeping sufficient earth/quarry dust/ballast in gunny bags/cement bags and sufficient labour/T &P that work can be completed within the allowed block. 4.6. Gunny bags/ cement bags required shall be provided against this item only and released bags if any shall be contractor’s property. 4.7. The rate quoted by the contractor shall include all labour, machinery, tools and plants, cranes, etc. to complete the work. The complete work is to be carried out in traffic block of suitable duration as decided by the Engineer-in-Charge. Contractor shall ensure that sufficient labour, T&P, machinery, crane of required capacity is arranged on the scheduled day of block and if the Engineer-in-Charge is not satisfied with the arrangement made by the contractor he will be at liberty not to take the traffic block. The contractor will have no right of claim whatsoever. 4.8. The railway shall make efforts to provide block as required, however, no extra payment shall be allowed on account of non grant of block on any day/date or of any duration. The contractor shall account for such eventuality in the rate for this item.

SPECIAL CONDITION FOR CRANE WORKING

(i) All cranes working during block shall be undertaken with sufficient standby arrangement as mentioned under special condition for item no. 2/NS. Minimum standby shall ensure the completion of work even with the failure of one crane. (ii) All cranes brought for block working shall be got inspected by government approved surveyors at a date not more than Twelve (12) months from the date of block and shall have been declared safe for the design load capacity. All safety arrangement to avoid overloading of the crane shall been rectified and certified so by the surveyor. The Engineer-in-Charge shall inspect or depute his representative to inspect all documents and crane and then declare the crane as fit for Railway block working. Crane shall be moved to the site of work only after the same has been declared fit by the Engineer-in-Charge of the work. (iii) The wire ropes, D-shackles, hooks and such other temporary arrangements used for lifting loads shall be in good shape, free wear and tear and shall not suffer from twist/permanent deformation etc. resulting in load carrying capacity. The permissible load on such arrangements shall be as per theoretical calculations with sufficient safety margins. All load carrying arrangement shall be load tested to 50% overload on permissible load and shall not suffer any failure or permanent deformation during test. Such load test shall have been carried out within three months prior to the date of block. Engineer-in-Charge may permit the load carrying arrangements tested prior to this date to be used for work if the condition of such arrangement is satisfactory. If Engineer-in-Charge is not satisfied with the condition of such arrangements, the load test shall be carried out afresh.



(iv) Crane working, whether in block or otherwise shall be carried out under the supervision of technical person well versed in crane working. The supervisor shall liaison with the site Engineer and carry out the work carefully and safely as per instructions received. Provision of safety at worksite as communicated vide HQ/CCG letter no. T5/18/29/0 (Policy) Vol. I Dtd. 13-06-2012 shall be followed. (v) Good communication equipment, between different crane operators, supervisors and site Engineers shall be provided for coordination and safe working. (vi) Good practices as per IS codes for crane working shall be adopted for the work. No short cut or local practices shall be allowed. The load shall be lifted ensuring proper balance. The slings must be protected at the sharp edges. The overload on keys, hooks, slings, ring, etc. through wrong angle of loading must be avoided. (vii) Cranes must be earthed while working in the vicinity of the charged OHE line in double or multiple line section. Proper care must be taken to ensure that the load/boom do not infringe maximum moving dimension of other line (s) which is not blocked. (viii) Sufficient wooden blocks and packing material must be arranged as site advance. The working area must be sufficiently leveled for convenient and fast working. (ix) The contractor will submit a detailed scheme as how he/they propose(s) to complete the work of removal of girder and linking of track within the available block period. The duration of block will be decided by the Engineer. The panels for new track may have to be kept ready before hand on the ground and may have to be laid by road crane in order to clear the block in time. The linking is payable separately under the relevant Schedule items. NS/5:-Transportation of RH Girder/CC crib/ any other railway material.

5.1 This item basically involves loading unloading by mechanical means and leading of RH Girder/CC crib/ any other railway material required to be transportation with contractor vehicles, lifting ,hoisting, lowering with all equipment, T&P, labour, cranes etc. complete. 5.2 The contractor shall carry the Railway material at his risk and responsibility. He shall take all such precautions which are necessary to ensure that the RLY materials are not damaged during transit or during stacking/spreading. If there is any damage or loss during transit, it will be on the contractors account. He will be required to compensate the Railway fully for such damage or losses if any. The contractor shall be responsible to safe guard the Railway material while loading/unloading till such time the same is handed over to the consignee at site. 5.3 The Railway material loaded in to the truck/ trailor will be entered in H.R. book to be prepared by the Railway officials and will have to be signed by the authorized agent of the contractor. This will be verified by the Railway representative at the destination. For any shortage enroute the transport contractor will be responsible and will be required to compensate the railway for shortage.



5.4 The Railway will have full right to send their representative free of charge by the contractor’s truck/trailor if necessary. 5.5 Contractor shall bear all the taxes/Octroi/toll taxes etc. Rate is inclusive of all such expenses. 5.6 No handling charges will be paid, as cost of re-handling will be deemed to have been included in the contractor quoted tender rate 5.7 The lead shall be as per the direct distance by any National High Way, State High Way, Pucca Road which is shortest feasible for plying of loaded truck/trailor as certified by Railway Engineer or his representative 5.8 Provision of lead against item is approximate and may vary to any extent as per actual requirement. 5.9 Transportation of relieving girder /cc cribs shall be from fabricated site to the site of subway. If transportation of relieving girder is not possible by road trolla to some of subway site as certified by Railways representative and accepted by Engineer-In-charge, then transportation shall be made by Railway means wherein loading and unloading of relieving girder along with base preparations shall be made by contractor and payment shall be made under relevant USSOR- items.

NS/6 MAKING CUT OF RAILS:-

6.1 The scope of work under this item will include cutting of 90 R/52kg/60kg (72/90UTS) rails with contractor’s own rail cutting machine, blades, labour etc.

6.2 Cut shall be truly square in both vertical and horizontal directions. This item also includes sorting out of rails, marking the required length, and spreading of rails from the stack for the purpose of cutting. Cut, which is out of square, shall not be paid and will be considered as ‘Improper cut’. Work shall be carried out by machine and no Gas cutting shall be permitted.

6.3 If any other rail section is to be cut, rate payable shall be on prorata basis, of the weight. For that purpose the rate of this item shall be considered for 52Kg rails.

6.4 The contractor shall maintain a complete record for the total number of cuts in a register, which will be got signed daily by the Engineer’s representative.

NS/7 MAKING 32MM DIA HOLES TRUE IN 90-R/52KG/60KG. RAILS:-

7.1 The scope of work includes drilling of holes of 32mm holes with contractor’s own tools, plants, equipments, labour etc. The drilling shall be done correctly as per template for standard fish plated joints of corresponding rail section. These rails may be of 72UTS / 90UTS specifications.

7.2 The contractor shall maintain a complete record for the total number of holes in a register, which shall be got signed daily by Engineer’s representative.

7.3 Chamfering of bolt holes shall be done under this item with contractor’s own chamfering tools, for which no extra payment will be made. Any hole made at incorrect distance will be not paid.

NS/8 LAYING OF RAILS :-



This item pertaining to laying of new/SH 90-R/52Kg/60Kg. This item shall be executed in suitable traffic block as per direction of PWI at site. Before insertion of ERC clips the same shall be greased by the contractor. The grease shall be supplied by the Railways and the required quantity shall be issued to contractors from the nominated depot through hand receipt and the contractor will have to make his/their own arrangement for carting this to the site of work.

9/NS/9 PAIRING OF RAILS:-

The item includes, pairing of rails shall be done perfectly square to each other in straight portion and staggered in curved portion wherever required as per the direction of engineer in charge at site and as per IRPWM.

NS/10 TRANSPORTATION OF RAIL:-

10.1 This item pertains to the transportation of 90R/52kg/60kg rails from site of work to nominated station/Yard by road vehicle/Rail dolly etc. and vice versa. The contractor is at liberty to use any suitable transportation means like Road Vehicle / Rail dolly etc. for execution of this item. The transportation should be executed in such a manner that rails are not damaged during transportation.

10.2 The estimated lead involved under this item will be approximate 5 Kms.

10.3 The transported rails should be placed/ stacked by the contractor as per instructions of representative of engineer in charge in such a manner that loading work can be executed smoothly.

10.4 The rates quoted by the tenderer shall be inclusive of all lead, lift and crossing of tracks if required.

10.5 No block will be required for rail dollies being used for transportation of the rails. Flagman for protection of track shall be provided by Railway. In case of track circuited track contractor should ensure that no track circuit failure takes places while working with Rail dollies.

10.6 Payment shall be made for this item on the basis of standard weight for actual quantity transported by the tenderer.

NS/11 TRANSPORTATION OF SLEEPERS

11.1 The scope of work in this schedule includes transportation of PSC/CST-9/ST/Wooden Sleepers including special type sleepers for P&Cs, LCs, Bridges, and such other materials of similar nature and description from any PWI/IOW’s depot to the site of work or vice a versa. Transportation of P. Way materials like Sleepers of all types and fittings for Rails , Sleepers and other materials from any PWI’s depot to the site of work or vice a versa.

11.2 The contractor shall arrange for his own vehicles / Trailers, T & P (like Cranes etc.), labour; fuel etc in completing the work. The rate/s accepted against the tender shall also include all charges for taxes, royalties and such other charges. Railway is not liable to pay any amount other than what has been accepted. Railway shall not arrange for supplement such as material trolley, Dip lorry, Labour for execution of the work.

11.3 The sleepers and other P. Way materials transported under this item shall be properly stacked in nominated location/station yards/workshops as per the direction of Engineer in Charge. The stacking of sleepers and other materials for all new, U/S and S/H should be done in separate stacks as per direction of representative of the Engineer in Charge.

11.4 The tenderer is requested to make a survey of the site from where the sleepers and other



materials are to be collected and loaded and also the site where the sleepers and other materials are to be transported and placed before quoting the rates.

11.5 The contractor shall stack the sleepers and other materials at the location specified for the purpose and in the area earmarked for the same by the representative of the Engineer in Charge.

11.6 The contractor shall be fully responsible for the materials from the time it is handed over to him to the time the same is taken over by the concern PWI/IOW in charge.

11.7 The contractor will be responsible for the security of the running trains, empty rakes, locos, Railway property, Railway materials or Railway Equipments etc. while working in the Railway Premises and any damage during the course of execution of above work shall be made good at the cost of the contractor. The decision in this regard of the Engineer in Charge shall be final and binding on the contractor.

11.8 All materials shall be kept clear off infringements, as per the Indian Railway Schedule of Dimensions, during loading, unloading, stacking, carting etc.

11.9 The handing and taking over the rails, sleepers and other materials will be done through proper HR in which the quantity of the materials along with approximate weight will be mentioned.

11.10 At some location it may be necessary to deploy tractor or any other suitable means for pulling the rails to the loading point. Nothing extra shall be paid for this.

11.11 The item is Non-schedule Item for which basic rates have been indicated against each item. Tenderer/s is / are required to quote %age rate against the schedule of work.

11.12 The item is pertaining to the Transportation of sleepers (ST, Wooden, CST-9, and PSC) and P. Way fittings of rails & sleepers and such other materials of similar nature and description from various locations to the site of work. This includes loading, unloading and stacking the materials wherever required as per the directions of Engineer’s representative. This items are further categorized in to sub-items to facilitate payment of materials transported based on the distance/lead involved for each item.

11.13 The payment for the material transported as per items, shall be arranged based on actual receipt/ loading/ unloading of materials duly accounted for by the Railway representative. For this purpose, theoretical weight stipulated in track manuals, IRPWM and other Railway manuals shall be followed for arriving at the total quantity/ weight of material transported/loaded/unloaded.

11.14 In case unit weight is not available in any of the Railway manuals/ codes, average weight of 10(ten) similar items shall be taken by the Railway representative in presence of the contractor/his authorised representative on weighing machine and shall be signed by both the representatives of Railway and contractor/s in token of having accepting the same.

11.15 No compensation/claim shall be entertained either in regard to the theoretical weight as per the manuals or average weight so arrived at by carrying out the sampling as described above where standard weight has not been stipulated in the manuals/codes.

11.16 In case of second hand materials, weight shall be arrived at 95% of the theoretical weight shown in the manuals/codes.

11.17 The distances against items shall be arrived at from the road map and/or the actual distance covered via the shortest route. The lesser distance of these values shall be payable. Decision of the Engineer in Charge regarding the assessment of distance/lead shall be final and binding on the contractor.

11.18 No extra payment shall be allowed in case of crossing of Railway tracks.

11.19 The contractor/s shall be provided with Railway HRs/Challans showing the quantity and type of



material transported/loaded/unloaded and the name of the consignee. The Railway representative shall certify the quantity of P. Way materials received and only such quantity transported shall be payable.

11.20 The contractor/s shall be responsible for any loss or damage to the P. Way materials during transportation, loading, unloading and stacking. Any such loss or damage shall be made good from contractor/s’s dues equivalent to an amount at twice the latest rate of such material damaged plus supervision charges as per Railway’s rules.

11.21 The contractor/s shall be fully responsible for the materials from the time it is handed over to him/them to the time the same is taken over by the Railway’s representative after transportation and stacking

NS/12 MAKING CUT BY GAS OF RAILS:-

12.1 The scope of work under this item will include cutting of 90 R/52kg/60kg (72/90UTS) rails with contractor’s own rail cutting machine, labour etc.

12.2 Cut shall be truly square in both vertical and horizontal directions. This item also includes sorting out of rails, marking the required length, and spreading of rails from the stack for the purpose of cutting. Cut, which is out of square, shall not be paid and will be considered as ‘Improper cut’.

12.3 If any other rail section is to be cut, rate payable shall be on prorata basis, of the weight. For that purpose the rate of this item shall be considered for 52Kg rails.

12.4 The contractor shall maintain a complete record for the total number of cuts in a register, which will be got signed daily by the Engineer’s representative

NS/13 THROUGH PACKING OF TRACK :-

This item pertains to through packing of track for it fit for specified speed. The packing work shall be executed in strict compliance to Para 227 of IRPWM as specified in the description of this item and to the satisfaction of P. Way in Charge. This packing shall be other than the initial packing done for passing of the trains.

NS/14 MUCK DISPOSAL:-

The muck generated after deep screening shall be disposed off within Railway Limit up to a lead of 10 Kms. Suitable location for disposal of muck shall be decided by the representative of Engineer in Charge. Contractor is at liberty to use his own transportation means like tractor etc. for disposal of muck as per feasibility. However suitable safety precaution shall have to be made by the contractor while plying the same within Railway limit.

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