Railway Example

NOTICE NO.CAO(C)/ 05 of 2010 dated 16/09/2010 - I

Start of Tender Document.

This Tender document contains 128 pages including this page as under-

i) This page as I. i i ) Addit ional special Conditions for Tender Documents

downloaded from Internet/Website are at page No. 32 to 33 of Tender Form These addit ional special condit ions are applicable to tender document and considered as part of it, which is downloaded from Internet/website.

i i i) This form containing 127 pages, serially numbered from 1 to 127.

The end of tender documents is indicated by End of Tender Document marker. Tenderer/s should carefully see that above marker appears on the last page of downloaded tender document to ensure that downloaded document is complete.

******

Signature of Tenderer(s) For Chief Engineer (Const) North, CSTM

1

OPEN TENDER NOTICE NO.CAO(C)/ 05 of 2010 Date 16 -09-2010

FORM A

(FOR WORKS AND SUPPLIES OF MATERIALS COSTING ABOVE 10000/-)

ENGINEERING DEPARTMENT

REGULATIONS FOR TENDERS & CONTRACTS CONDITIONS OF TENDER

AND SCHEDULE OF RATES & QUANTITIES FOR

Name of work: Construction of important bridge 17/18.30m PSC girder @ Ch.33277.7m (Wardha River) in Wardha Yavatmal section of Wardha Pusad Nanded New B.G.Line.


2

INDEX

S.N. Description Page No. 01 Index 02 02 Tender at a glance 03 03 Tender Notice 04 06 04 Important notes for intending tenderers 07 05 Tender Form (First Sheet) 08 06 Acceptance of tender 09 07 Agreement for works 10 08 Instructions to Tenderers and Special Conditions of contract part I

(General) & Price variation clause 11 40

09 Implementation of Provision of the Building & other construction workers, Cess Act,1966 & Cess Rules, 1998 Special Condition.

41

10 ANNEXURES (a) Annexure-A: Performance guarantee proforma 42-43 (b) Annexure-B : Supplementary Agreement 44 (c) Annexure-C : Declaration 45 (d) Annexure-D: Constitution of firm 46 (e) Annexure-E : Details of plant and machinery Available with the firm 47 (f) Annexure-F: List of Engineers/Personnel already available/

proposed to be employed for deployment on this work 48

(g) Annexure-G: Statement of works executed/completed by the Contractors during last four years

49

(h) Annexure-H: Statement of works being executed/in hand by the Contractor/s

50

(i) Annexure-I: Details of contractual payment received in last three financial years and current financial year

51

(j) Annexure-J: Electronic Clearing Service (Credit Clearing) 52 (k) Annexure-K : Safety rules 53-55 (l) Annexure-L : Form of Declaration 56 (M) Memorandum of Undertaking 57-63 TECHNICAL SPECIFICATIONS AND SPECIAL CONDITIONS OF

CONTRACT - PART II

A Location of site & Scope of the work 64 B Special Conditions of contract 65-69 C 1 Specifications for Earthwork (Technical) 70 -87 C 2 Special conditions for contract with contractors cement & steel 88 -107 C3 Specifications for prestressed concrete 108 - 112 C4 Specification for RCC Bored Piles 113 - 115 12 Tender schedule 116 -125 13 Offer sheet 126 14 End of Tender document 127


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Tender at a glance

SURVEY AND CONSTRUCTION DEPARTMENT

TENDER DOCUMENT

FORM A

(For Works and Supplies of Materials costing above `.10000)

Regulations For Tenders & Contracts, Conditions Of Tender And Schedule Of Rates & Quantities for

Name of work: Construction of important bridge 17/18.30m PSC girder @ Ch.33277.7m (Wardha River) in Wardha Yavatmal section of Wardha Pusad Nanded New B.G.Line.

Approximate Cost :- ```` 1163.74 Lakhs

Earnest Money :- ```` 7,31,880/-

Completion Period :- 12 (Twelve) Months including monsoon

Tender Closing Date :- 25 10 - 2010 at 15.00 hours

Tender Opening Date:- 25 10 - 2010 at 15.15 hours

NOT TRANSFERABLE

Issued by :- Chief Engineer (Construction)North, Central Railway, CSTM.

Issued to :- ________________________________ ________________________________

________________________________


4

CENTRALRAILWAYSURVEY & CONSTRUCTION ORGANISATION

DETAILED TENDER NOTICE NO.CAO(C) 05 of 2010 dated 16-09-2010

Chief Engineer (C) North / MTP, Central Railway, 6th floor, New Administrative Building, Dr. D.N.Road, Mumbai 400001 for and on behalf of President of India invites Open tenders in sealed cover in prescribed form for the following work. Please clearly write the name of work on the envelope.

Name of work: Construction of important bridge 17/18.30m PSC girder @ Ch. 33277.7m (Wardha River) in Wardha-Yavatmal section of Wardha-Pusad-Nanded New B.G. Line.

Approx. Cost ` 1163.74 Lakhs.

Completion period.

12 Months including monsoon

Validity of offer 90 days from date of opening of tender. Earnest Money ` 7,31,880/- Sale of tender forms

Tender document will be available for sale in the above office from 10.00 hrs. to 17.00 hrs. on all working days between 04-10-2010 to 24-10-2010 and upto 11.00 hrs. on 25-10-2010. Tender document can be obtained by post on or before 15-10-2010.

Cost of Tender form

Non-refundable ` 10,000/- in person in cash or ` 10,500/- for postal delivery of tender. Railway will not be responsible for any postal delay. The cost of tender form will be accepted in the following forms: a) In cash with Chief Cashier, or Chief booking supervisor, Central Railway, CST,Mumbai-400001and production of money receipt to that effect. b) Pay order/Demand Draft drawn in favour of FA&CAO(C) Central Railway, Mumbai, issued by Scheduled/Nationalized bank.

Web Address Tender Notice & Tender document can be downloaded from the website www.crconstruction.org or https://tenders.gov.in.

Down loading of Tender Notice & Tender Document from website

Tenderers can download tender notice & tender document from website of Construction Organization mentioned above. Incase of tender document is down loaded from website in PDF format, the cost of tender document, i.e. non refundable ` ` ` ` 10,000/- should be paid separately. It should not be merged with Earnest Money. The cost of tender form will be accepted in the following forms & should be attached with the Offer document, failing which the tender will be summarily rejected. a) In cash with Chief Cashier or Chief Booking Supervisor, Central Railway CST Mumbai-400001 and production of money receipt to that effect. b) Pay order / Demand Draft in favour of FA&CAO(C)C.Rly. CST Mumbai. issued by Scheduled/Nationalized Bank.

Date & Time of Submission

The sealed tender document should be dropped in the special tender box allotted for the above works & kept in this office from 18-10-2010 to 24-10-2010 on any working day and on 25-10-2010 up to 15.00 hrs only.


5 Date & Time of

Opening The tender box will be sealed at 15.00 hrs. on 25-10-2010 and opened

on 15.15 hrs. on same day. Earnest Money

Deposit Earnest Money may be submitted in one of the following forms: a) In cash with Chief Cashier, or Chief Booking Supervisor, Central Railway, CST Mumbai 400001 and production of money receipt to that effect. b) Pay order/Demand Draft drawn in favour of FA&CAO(C) Central Railway,CST Mumbai, issued by Scheduled or a Nationalized bank. c) Deposit Receipt executed by Scheduled bank approved by RBI for this purpose. Earnest money in the form of SEM & Bank Guarantee Bonds shall not be accepted. Tenders unaccompanied with requisite Earnest money or received in any other form than those mentioned vide (a), (b) or (c) above, shall be summarily rejected.

Joint Venture Applicable as per relevant Clauses in tender Document.

Eligibility criteria for Tenderers

Only those firms, need to quote for this tender which in their individual capacity or as Joint Venture (JV) firm must satisfy the following criteria: -

a) Total contract amount received by the individual firm / by the JV firm or the arithmetic sum of contractual payment received by all the members of JV firm in the previous three financial years and the current financial year up to the date of opening of Tender should be at least 150% of advertised tender value.

Note for (a) :- 1.Contractual Payment received by a member in an earlier JV firm shall be reckoned only to the extend of the concerned members share in that JV firm for the purpose of satisfying compliance of the criteria (a).

2. Following documents will be relied upon for working out the total contractual amount received by the tenderer to evaluate credentials against criterion (a) above.

i) Attested copy of Annual Income Tax returns filed with Income Tax Dept.

ii) Attested copy of Tax Deducted at Source (TDS) Certificate. iii) Attested copy of Audited balance sheet duly certified by the

Chartered Accountant. iv) Attested Certificates from Employer/Clients about contractual

payment received for the work done. b) The firm, in its individual capacity or if the firm is participating as JV

then either the JV firm or any one of the members of the JV firm must have satisfactorily completed, in the last three pervious financial years and current financial year up to the date of opening of the Tender, (even though the work might have commenced before the qualifying period), at least one similar single work for minimum value of 35% of advertised tender value.


6 Note for (b) :- 1. Similar work shall mean any bridge work having minimum 18.30

m span with PSC girder. 2. The total value of similar nature of work completed during the qualifying period should be considered. In case, final bill of similar nature of work has not been passed and final measurements have not been recorded, paid amount including statutory deductions is to be considered OR if final measurements have been recorded and work has been completed with negative variation then also the paid amount including statutory deductions is to be considered.

However, if final measurements have been recorded and work has been completed with positive variation but variation has not been sanctioned, original agreement value or last sanctioned agreement value whichever is lower should be considered for judging eligibility.

3. Value of completed work done by a Member in an earlier partnership firm or a JV firm shall be reckoned only to the extent of the concerned members share in that partnership firm / JV firm for the purpose of satisfying his compliance of the above mentioned eligibility criterion.

4. Works executed with Central Govt./State Govt/Semi Govt. organizations/Authorities, PSUs, Govt of India undertakings

shall be considered to qualify above eligibility criterion.

Certificates from private individuals for whom such works are executed/being executed shall not be accepted.

Tenderers should submit documentary proof in regard to fulfilling the above eligibility criteria along with their offer. The offer of tenderers who do not meet the eligibility criteria as mentioned vide (a) to (b) above shall not be considered. The tenderers who fail to submit documentary proof along with their offer will normally, not be considered. Tenders may carefully note that their contract agreement for this work is liable to be terminated at any time, in case the documents furnished by them are found to be untrue/ misleading or any adverse point comes to light subsequently. The decision of the Railway in this regard shall be final and binding upon the contractor.

Performance Guarantee

Tenderers may please note that the successful bidder shall have to submit a Performance Guarantee in the prescribed format equivalent to 5% of the contract value before signing the contract agreement.

For any additional information contact DY.CE(C) Nagpur office, Near Ajni Rly. Station or Chief Engineer (C) North/ MTP, Central Railway, 6th floor, New Administrative office Building, Dr. D.N.Road, Mumbai 400001, on any working day between 9.30 hrs to 18.00 hrs.

Sd/- (A.K. Sachan)

Chief Engineer (Construction) North/ MTP Central Railway C.S.T. Mumbai For & on behalf of President of India


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IMPORTANT NOTES FOR INTENDING TENDERERS

Please ensure that :

1. You have signed the offer page with full name address & witness filling all the blanks.

2. You have filled in the required columns.

3. Tendering for work without earnest money, will be treated as an invalid tender.

4. Accept the validity prescribed by the Railway.

5. Do not quote special conditions of your own as they are likely to vitiate your tender and make it prone to rejection .

6. All page are to be signed, corrections neatly scrolled out and initialed.

7. Please do not leave any lapses, which may lead to declaration of your offer as INVALID.

8. Tenders quoted on the strength of SEM with any other organisation or department of Central Railway will not be considered and shall be treated as Invalid tenders.

9. The Tenderer should please note that the item and rates of master schedule items are based on SSR-2002.As such wherever it is shown and written as SSR-1990 in the tender form, it should be read as SSR-2002.

10. The successful tenderer who have paid earnest money in any of the prescribed forms, should convert the same as part security deposit having validity more than completion period. Balance SD for the contract will also be furnished to the Rly.

11. PRECAUTION TO THE OBSERVED DURING CONSTRUCTION. The work will have to be carried out in such a manner as to cause least obstruction to the

Railways traffic. The work also must be carried out in such a manner so as not to jeopardize the safety and/or

movements of trains. The Tenderers will be required to make good at his cost any damage caused to the Railway property or traveling /arising out of his work at site.

The work should be planned as not to cause any infringement of the moving dimensions laid down in the standard schedule of Dimensions for BG-1966 with up to date correction slip during any stage of construction.


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CENTRAL RAILWAY

TENDER FORM Name of work : Construction of important bridge 17/18.30m PSC girder @ Ch.33277.7m

(Wardha River) in Wardha Yavatmal section of Wardha Pusad Nanded New B.G.Line.

The President of India, Acting through the Chief Admn. Officer/Const./ Chief Engineer/Const., North, Central Railway, Mumbai-110006. Dy. Chief Engineer/Const./Ajni/NGP.

1. I/We____________________________________________________have read the various conditions to tender attached hereto and agree to abide by the said conditions. I/We also agree to keep this Tender open for acceptance for a period of 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 Central Railway at the rates quoted in the attached schedule and hereby bind myself/ourselves to complete the work in all respects within 12 (Twelve) months including monsoon from the date of issue of letter of acceptance of the tender.

2. I/We also hereby agree to abide by the General Condition of Contract-1999 corrected up to date printed/advance correction slip and to carry out the work according to the Special Conditions of Contract and specifications for materials (issued in 2007) and works as laid down by the Railway in the annexed Special Conditions/ specifications and the Central Railway Works Hand Book corrected up to date printed/advance correction slip, for Schedule of Rates corrected up to date printed/advance correction slip for the present contract.

3. A sum of ```` 7,31,880/- is herewith forwarded as earnest money. The full value of the earnest money shall stand forfeited without prejudice to any other rights or remedies in case my/our tender is accepted and if:-

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

(b) I/We do not commence the work within 15 days after receipt of orders to that effect. (c) I/We resile from my/our offer or modify the terms and conditions thereof in a manner not

acceptable to Central Railway during a period of 90 days from date of the opening of the tender. d) I/We do not submit a Performance Guarantee in the acceptable form amounting to 5% of Contract

Value, before signing of agreement which should be normally about 15 days.

4. The amount of Earnest Money in the form of cash lodged with Chief Cashier, or Chief Booking Supervisor, Central Railway, CST Mumbai -400001 vide Cash Receipt No. __________ Dated _______ or deposited in the form of Pay Order, Deposit Receipts, Demand Drafts is attached. I/We have clearly noted that the Earnest Money will be acceptable in the above form only.

5. 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. --------------------------

Date: (Signature of tenderer(s)) Signature of Witness : Address of the tenderer(s) : (1)_______________ _________________ (2)_______________ _________________


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CENTRAL RAILWAY

ACCEPTANCE OF TENDER

I accept the Tender on reverse and agree to pay the rate as entered in the schedule of rates and quantities at_______________ percent ABOVE/BELOW/AT PAR with the schedule of rates and quantities for M.S. Items.

CONTRACTOR/S Chief Engineer (Constn.) C.S.T. Mumbai Central Railway. For and on behalf of THE PRESIDENT OF INDIA

Division__________________

Date__________________

Witnesses :

(1) _________________________

(2) _________________________


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AGREEMENT FOR WORKS

CONTRACT AGREEMENT NO._____________________Dated___________2010

ARTICLES OF AGREEMENT made this ________day of______________2010 between the President of India acting through the Railway Administration hereinafter called the "Railway" of the one part and____________________________ hereinafter called the "Contractors" of the other part.

WHEREAS the Contractor has agreed with the Railway for the performance of the work of Construction of important bridge 17/18.30m PSC girder @ Ch.33277.7m (Wardha River) in Wardha Yavatmal section of Wardha Pusad Nanded New B.G.Line..Set-forth in the schedule hereto annexed upon the General Conditions of Contract and the Specifications of the Central Railway and the special conditions and special specifications, if any and in conformity with the drawings hereunto annexed AND WHEREAS the performance of the said work is an act in which the public are interested.

NOW THIS INDENTURE WITNESSETH that in consideration of the payments to be made by the Railway, the Contractor will duly perform the said works in the said schedule set-forth and shall execute the same with great promptness, care and accuracy in a workman like manner to the satisfaction of the Railway and will complete the same in accordance with the said specifications and said drawings of conditions of contract on or before the _____________day of _______________2010 and will maintain the said works for a period of Six months or till the end of Ist mansoon after the completion period whichever is later calendar months from the certified date of their completion and will observe, fulfill and keep all the conditions therein mentioned(which shall be deemed and taken to be part of this contract as if the same had been fully set-forth herein)AND the Railway both hereby agree that if the Contractor shall duly perform the said works in the manner aforesaid and observe and keep the said terms and conditions, the Railway will pay or cause to be paid to the contractor for the said works on the final completion thereof the amount due in respect thereof at the rates specified in the schedule hereto annexed.

Contractors Chief Engineer (Constn.) C.S.T. Mumbai Central Railway. Address For & On behalf of the President of India ____________________ Signature of witnesses :

with address 1) _____________________ 2) ____________________


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CENTRAL RAILWAY CONSTRUCTION DEPARTMENT

INSTRUCTIONS TO TENDERERS AND SPECIAL CONDITIONS OF CONTRACTPART-I (General)

1. SUBMISSION OF TENDERS

1.1. Tender documents can be obtained from the office of Chief Engineer (Construction) North, Central Railway, 6th floor, New Administrative Building, Dr.D.N.Road, Mumbai 400001 on any working day i.e. 10.00 hrs to 17.00 hrs. from 04- 10-2010 to 24-10-2010 and up to 11.00 hrs. on 25.10.2010 on cash payment of ```` 10,000/- (Rupees Ten thousand only) per set, and ```` 10,500/- (Rupees Ten thousand five hundred only) if required by post. The cost of tender documents is non refundable and tender document is not transferable. Request for tender by post must accompany demand draft of ```` 10,500/- (Rupees Ten thousand five hundred only) in favour of F.A & CAO (C) Central Railway, Mumbai.

1.2. Tender documents can also be downloaded from the Central Railway Constructions web site i.e. www.crconstruction.org. and also from https://.tenders.gov.in and used as tender document for submitting the offer. This facility is available free of cost. However the cost of tender documents as indicated above will have to be deposited by the tenderer in the form of a bank draft payable in favour of of F.A & CAO (C) Central Railway, Mumbaialong with the tender document. This should be paid separately and not included in the Earnest Money. In case, tender is not accompanied with the cost of the tender documents as detailed above, tender will be summarily rejected.

1.3. These tender documents must be submitted duly completed in all respects, in a sealed cover super scribed as tender form for the work "As on top sheet" and should be deposited in the Tender Box in the office of Chief Engineer (Construction) North Central Railway, 6th floor,New Administrative Building, Dr.D.N.Road, Mumbai 400001 from 18-10-2010 to 24-10 2010 on any working day and on 25.10.2010 up to 15.00 hrs only. The tender will be opened on 25 -10 -2010 at 15.15 hrs. in the office of CE(C) North/CSTM. Tenders, which are received after the time and date specified above, may not be considered. In case the intended date for opening of tenders is declared holiday, the tenders will be opened on the next working day at the same time.

1.4. Tenders sealed and superscribed as aforesaid can also be sent by registered post addressed to the Chief Engineer (Construction) North Central Railway, 6th floor,New Administrative Building, Dr.D.N.Road, Mumbai 400001 office so as to reach not later than the date and time specified above. Tenders received after the time and date specified above may not be considered. Any tender delivered or sent otherwise will be at the risk of the tenderer/s.

2. COMPLETION OF TENDER DOCUMENTS

2.1 The tenderer shall visit the site of work and ascertain himself the conditions of work viz. approach roads and accessibility, nature of soil/rock, availability of materials, electric power, water for work and drinking purposes, site for labour camps, stores, godowns, extent of lead/lift in work, availability of skilled and unskilled labour etc. that may be encountered in the course of execution of work. In short, he/they should familiarize himself fully with the conditions obtaining at site and furnish a certificate to this effect, in the proforma appended as Annexure C.


12 The tenderer/s shall quote one uniform percentage rate/s, in figures as well as in words in the attached Schedule of Rates and Quantities (offer sheet). Every possible fluctuation, in the rate of labour, material and general commodities, and other possibilities of each and every kind which may effect the rates, should be considered and kept in view before quoting the rates and no claim on this account shall be entertained by the Railway under any circumstances except the price escalation payable as per price variation clause provided in the tender documents.

2.2 The rate/s should be quoted in figures as well as in words. If there is variation between the rates quoted in figures and in words, the rate quoted in `words' shall be taken as correct. If more than one or improper rates are tendered for the same item, the tender is liable to be rejected.

2.3 Each page of the tender papers is to be signed and dated by the tenderer/s or such person/s on his/their behalf who is/are legally authorized to sign for him/them.

2.4 Tenders containing erasures and alterations of the tender documents are liable to be rejected. Any corrections made by the tenderer/s in his/their entries should be in INK and must be attested by him/them under full signature and date.

2.5 Normally the tenderer is not expected to quote any special conditions. The Railway reserves the right not to consider conditional tenders and reject the same without assigning any reason. Only those additional conditions which are explicitly accepted by the Railway shall form part of the contract.

2.6 The tenderer/s may note that railway reserves its right to either accept or reject any tender without assigning any reasons whatsoever and tenderer/s shall have no claim/s on this account.

2.7 Prospective tenderer/s may contact Chief Engineer/Construction/North, Central Railway, Mumbai/ Dy.Chief Engineer/ Construction, Central Railway, Nagpur for obtaining further clarifications, if required.

2.8 Tenderer/s to please note that no correspondence shall normally be made after submission of tender towards any documents which are required for adjudging the capability of the firm / tenderer/s as per eligibility criteria. The tenderer/s is/are therefore, advised to submit all documents in one go with the offer.

3. CREDENTIALS TO BE SUBMITTED ALONGWITH TENDER/S.

3.1 Tenderer/s should enclose documents and certificates to show that he/they has/have satisfactorily carried out works of the type involved in the construction of the work being tendered for. He/They should also produce proof of the satisfaction of the Railway of his/their technical ability and financial stability to undertake the work of the magnitude tendered for.

3.2 The tenderer/s shall submit with his/their tender a list of serviceable machinery, tools and plants, equipments and vehicles he/they has/have in hand for executing the work & those he/they intends/intend to purchase.

3.3 The tenderer/s should invariably submit along with his/their tenders:-

i. A statement showing similar works executed by him/them. ii. Certificates of successful completion of his/their work.

A statement of all payments received against all successfully completed work/works in progress of all types (not necessarily similar in type of work in this tender) indicating the organizations/units from which the payments have been received. Necessary certificates in


13 this regard, from the authorities who made the payments, for three preceding years should be enclosed, duly attested.

iv)A list of their Engineering Organization and equipments, construction Tools and Plants available with them.

4. ELIGIBILITY CRITERIA :

Only those firms, need to quote for this tender which in their individual capacity or as Joint Venture (JV) firm must satisfy the following criteria:

Criteria: (a) Total contract amount received by the individual firm / by the JV firm or the arithmetic sum of contractual payment received by all the members of JV firm in the previous three financial years and the current financial year up to the date of opening of Tender, should be at least 150% of advertised tender value.

Note for (a) :- 1.Contractual payment received by a member in an earlier JV firm shall be reckoned only to the extent of the concerned members share in that JV firm for the purpose of satisfying compliance of the criteria (a) 2. Following documents will be relied upon for working out the total contractual amount received by the tenderer to evaluate credentials against criterion (a) above. - i) Attested copy of Annual Income Tax returns filed with Income Tax Dept. ii) Attested copy of Tax Deducted at Source (TDS) Certificate. iii) Attested copy of Audited balance sheet duly certified by the Chartered Accountant. iv) Attested certificates from Employer/Clients about contractual payment received for the work done.

Criteria: (b) The firm in its individual capacity or if the firm is participating as JV then either the JV firm or any one of the members of the JV firm must have satisfactorily completed, in the last three pervious financial years and current financial year up to the date of opening of the Tender, (even though the work might have commenced before the qualifying period), at least one similar single work for minimum value of 35% of advertised tender value.

Note for (b) :-

1. Similar work shall mean any bridge work having minimum 18.30 m span with PSC girder

2. The total value of similar nature of work completed during the qualifying period should be considered. In case, final bill of similar nature of work has not been passed and final measurements have not been recorded, paid amount including statutory deductionsis to be considered OR if final measurements have been recorded and work has been completed with

negative variation then also the paid amount including statutory deductions is to be considered. However, if final measurements have been recorded and work has been completed with positive variation but variation has not been sanctioned, original agreement value or last sanctioned agreement value whichever is lower should be considered for judging eligibility.

3. Value of completed work done by a Member in an earlier partnership firm or a JV firm shall be reckoned only to the extent of the concerned members share in that partnership firm / JV firm for the purpose of satisfying his compliance of the above mentioned eligibility criterion.


14

4. Works executed with Central Govt./State Govt/Semi Govt. organizations/Authorities, PSUs, Govt of India undertakings shall be considered to qualify above eligibility criterion.

Certificates from private individuals for whom such works are executed/being executed shall not be accepted.

Tenderers should submit documentary proof in regard to fulfilling the above eligibility criteria along with their offer. The offer of tenderers who do not meet the eligibility criteria as mentioned vide (a) to (b) above shall not be considered. The tenderers who fail to submit documentary proof along with their offer will normally, not be considered.

. Tenderers may carefully note that their contract Agreement for this work is liable to be terminated at any time later, in case the documents furnished by them are found to be untrue/misleading or any adverse point comes to light subsequently. The Decision of Railway in this regard shall be final and binding upon the contractor.

5. Personnel

THE CONTRACTOR SHALL EMPLOY THE FOLLOWING TECHNICAL STAFF DURING THE EXECUTION OF THIS WORK:-

i) One graduate engineer when the cost of the work to be executed is ```` 50 lakhs and above. ii) One qualified diploma holder (overseer) when the cost of the work to be executed is more than ```` 10

Lakhs, but less than ```` 50 Lakhs.

Technical staff should have experience of doing Earthwork/PCC/RCC works. The staff should be available at site whenever required by the Engineerincharge to take instructions. In case the contractor fails to employ the technical staff as aforesaid, he shall be liable to pay a reasonable amount not exceeding a sum of Rs.10000/- (Rupees Ten thousand only) for each month default in case of graduate engineer and Rs. 5000/- (Rupees Five thousand only) for each month default in case of diploma holder (overseer). Persistent failure to engage suitable technical staff suitable for this type of specialized work will lead to termination of the contract.

The decision of the Engineerincharge as to the period & suitability for which, required technical staff was not employed by the contractor and as to the reasonableness of the amount to be deducted on this account shall be final and binding on the contractor.

The tenderers shall provide details of the proposed personnel and their experience records in the relevant information forms included in the tender documents.

6. CONSTITUTION OF THE FIRM

6.1. The tenderer/s who are constituents of firm, company, association or society must forward attested copies of the constitution of their concern, partnership deed and power of attorney with their tender. Tender documents in such cases are to be signed by such persons (as may be legally competent to sign them on behalf of the firm, company, association or society as the case may be). Co-operative societies must likewise submit an attested copy of their certificate of registration along with the documents as above mentioned.

6.2. The Railway will not be bound by any power of attorney granted by the tenderer/s or by changes in the composition of the firm made subsequent to the execution of the contract. The Railway may, however, recognize such power of attorney and changes after obtaining proper legal advice, cost of which will be chargeable to the contractor.


15

6.3. If the tenderer expires after the submission of his tender or after the acceptance of his tender, the railway shall deem such tender/contract as cancelled. If a partner of firm expires after the submission of their tender the Railway shall deem such tender as cancelled unless the firm retains its character.

6.4. If the contractors firm is dissolved on account of death, retirement of any partners or for any reason whatsoever, before fully completing the whole work or any part of it, undertaken by the principal agreement the surviving partners shall remain jointly/severally and personally liable to complete the whole work to the satisfaction of the Railway and to pay compensation for losses sustained, if any by the Railway due to such dissolution. The amount of such compensation shall be decided by Chief Engineer/Const. of the Railway and his decision in the matter shall be final and binding on the contractor.

6.5. The cancellation of any document such as power of attorney, partnership deed etc., shall forthwith be communicated to the Railway in writing, failing which the Railway shall have no responsibility or liability for any action taken on the strength of the said documents.

6.6. The value of contract and the quantities given in the attached schedule of items, rates and quantities are approximate and are given only as guidance. These are subject to variations/additions and or omission. The quantum of work to be actually carried out shall not form the basis of any dispute regarding the rates to be paid and shall not give rise to claim for compensation on account of any increase or decrease either in the quantity or in the contract value.

7. EARNEST MONEY

7.1. The tenderer shall be required to deposit earnest money with the tender for the due performance with the stipulation to keep the offer open till such date as specified in the tender, under the conditions of tender. The earnest money shall be rounded to the nearest ```` 10/-. The tenderers shall be required to deposit us sum of ```` 7,31,880/- with the tender towards earnest money. This earnest money shall be applicable as under :

Value of the work (Tender value) EMD a For works estimated to cost up to ````

1 Crore. 2% of the estimated cost of the work.

b For works estimated to cost more than ```` 1 Crore.

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

7.2. It shall be understood that the tender documents have been sold/issued to the tenderer and the tenderer is permitted to tender in consideration of stipulation on his part, that after submitting his tender, he will not resile from his offer or modify the terms and conditions thereof in a manner not acceptable to the Engineer. Should the tenderer fail to observe or comply with the said stipulation, the aforesaid amount shall be liable to be forfeited to the Railway.

7.3. If his tender is accepted, this earnest money mentioned in sub-clause (a) above will be retained as part security for the due and faithful fulfillment of the contract in terms of Clause 16 of the General Conditions of Contract. The earnest money of other tenderers, shall save as herein before provided, be returned to them, but the Railway shall not be responsible for any loss or depreciation that may happen thereto while in their possession, nor be liable to pay interest thereon.

7.4. The earnest money should be in cash or in any of the following forms: -


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i. In cash with Chief Cashier, or Chief Booking Supervisor, Central Railway, CST, Mumbai - 400001 and production of money receipt to that effect.

ii. Deposit Receipts/Pay order/Demand Draft drawn in favour of FA & CAO(C)Central Railway, CST Mumbai issued by State Bank of India or any of the Nationalized Banks or by a Scheduled bank

iii Earnest money if deposited in form other than cash should be valid at least for six months from the date of tender opening and should be drawn in favour of F.A.& CAO(C) Central Railway, CST Mumbai of Construction unit.

7.5. The official cash receipts having a mention of the firm/individual who has deposited the cash or the Deposit Receipt, Pay Order or Demand Draft as mentioned above, as the case may be, is to be attached with the tender, failing which, tender will be rejected

7.6. Guarantee bonds/ Government securities (stock) certificates, bearer bonds, promissory notes, cash certificates etc will not be accepted.

7.7. The earnest money wherever is deposited in cash should be remitted to the chief cashier Central Railway CSTM or to the Divisional cashier (including Sr. Cashier of the construction unit), and the receipt obtained should be enclosed with the tender as a proof of the deposit of requisite earnest money. The earnest money should not be deposited at station

Tenderers unaccompanied with full earnest money in requisite form will under no circumstances be entertained and will be summarily rejected without further reference to the tenderer. No reference to previous deposit of earnest money and /or security deposit for adjustment against the present tender will be accepted, neither any request for recovery from any outstanding bills for earnest money against present tender will be entertained.

7.8. The earnest money for the due performance of the stipulation to keep the offer open till the date specified in the tender will be refunded to the unsuccessful tenderer/s within a reasonable time. The earnest money deposited by the successful tenderer/ tenderers will be retained towards the security deposit for the due and faithful fulfillment of the contract but shall be forfeited if the contractor fails/contractors fail to execute the Agreement Bond or start work within a reasonable time (to be determined by the Engineer-in-Charge) after notification of the acceptance of his/their tender.

7.9. Tenders submitted with Earnest Money in any form other than those specified above shall not be considered.

7.10. Any request for recovery from outstanding bills for earnest money against present tender will not, under any circumstances, be entertained.

7.11. No interest will be payable upon the Earnest Money and Security Deposit or amounts payable to the contractor under the Contract.

7.13 Sub: Refund of Earnest Money Deposit (EMD) to unsuccessful tenderers Streamlining of procedure (Rly.Bd.s L.No. 2007/CE-I/CT/18(Pt.I) dt.10.09.2008.)

1. In case of single packet system of tendering, the Earnest Money submitted by all the tenderers except L1, may be released after the acceptance of the offer of L1.


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2. In case negotiations are proposed to be held, the Earnest Money submitted by all the tenderers other than the tenderer with whom negotiation has been proposed, may be released after the acceptance of the recommendation of the tender committee by the accepting authority for holding negotiations.

3. If the tender is not finalized within the original validity period, the EMD of the tenderers who do not agree to extend the validity of their offers, may be released. This may, however, be done only after the receipt of refusal from the tenderers for any further extension, in writing.

4. In two packet system of tendering, the EMD of the tenderers not found technically suitable (for opening of the price bid), may be released after acceptance of recommendations of the Tender Committee by the accepting authority on the first packet.

8. VALIDITY OF OFFER : The tenderer/s shall keep the offer open for a period of 90 days from the date of opening of the tender in which period tenderer/s cannot withdraw his/their offer subject to period being extended further, if required, by mutual agreement from time to time. It is understood that the tender documents have been sold/issued to the tenderer/s and tenderer/s is/are being permitted to in consideration of stipulation on his/their part that after submitting his/their offer he/they will not resile from his/their offer or modify the terms and conditions thereof in a manner not acceptable to Central Railway should the tenderer/s fail to observe to comply with the foregoing stipulation or fail to undertake the contract after acceptance of his/their tender the entire amount deposited as earnest money for the due performance of the stipulation and to keep the offer open for the specified period, shall be forfeited to the Railway.

9. ACCEPTANCE OF TENDER

9.1 If the tenderer/s deliberately give/s a wrong information/whose credentials/ documents in his/their tender and thereby creates/ create circumstances for the acceptance of his/ their tender, Railway reserves the right to reject such tender at any stage, besides, shall suspend the business with this tenderer for one year.

9.2 The authority for acceptance of the tenders rests with Dy. Chief Engineer/ Const/Chief Engineer(Const)/C.A.O(Const)/General Manager/Railway Board as the case may be who does not undertake to assign reasons for declining to consider any particular tender or tenders. He also reserves the right to accept the tender in whole or in part or to divide the tender amongst more than one tenderer if deemed necessary.

9.3 The successful tenderer/s shall be required to execute an agreement with the President of India acting through the General Manager/ C.A.O(Const)/CE(Const)/Dy.CE (Const) for carrying out of the work as per agreed conditions.

9.4 The contractors operations and proceedings in connection with the works shall at all times be conducted during the continuance of contract in accordance with the laws, ordinance, rules and regulations for the time being in force and the contractor shall further observe and comply with the bye-laws and regulations of the Govt. of India, State Govt. and of Municipal & other authorities having jurisdiction in connection with the works or site over operations such as these are carried out by the contractor/s and shall give all notice required by such bye-laws and regulations. The Hospital and medical regulations in force for the time being shall also be complied with by the contractor/s and his workmen.


18 9.5 The contractor shall be responsible for the observance of the rules and regulations under

the mines act and mineral rules and Indian Metallurgical rules and regulations of State/Central Govt. concerned as amended from time to time.

9.6 Contractor shall at all times keep the railway administration indemnified against all penalties that may be imposed by the Govt. of India or State Govt. for infringements or any of the clauses of the mines act and rules made there under in respect of quarries from which the ballast for these works is procured.

9.7 The tenderer/s shall not increase his/their rate in case the Railway Administration negotiates for reduction of rates. Such negotiations shall not amount to cancellation or withdrawal of the original offer and rates originally quoted will be binding on the tenderer/s.

9.8 The tenderer/s shall submit an analysis of rates if called upon to do so.

9.9 Non-compliance with any of the conditions set forth herein is liable to result in the tender being rejected.

10. VARIATION IN QUANTITY

A. 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.

B. In case of increase in quantity of an individual item by more than 25% of the agreement quantity, is considered as unavoidable, the same shall be got executed by floating a fresh tender. If floating a fresh tender is considered not practicable, negotiations may be held with the existing contractor for arriving at reasonable rates for additional quantities in excess of 125% of agreement quantity.

C. 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.

D. No such quantities variation limit shall apply for foundation items.

E. 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 of individual item rate)

11. SECURITY DEPOSIT ON ACCEPTANCE OF TENDER : The security deposit/rate of recovery/mode of recovery on acceptance of tender shall be as under:

A. i) The security deposit for the work will be 5% of the contract value, ii) The rate of recovery will be at the rate of 10% of the bill amount till the full security deposit is

recovered, iii) Security deposits will be recovered only from the running bills of the contract and no other mode of

collecting security deposit such as security deposit in the form of instrument like BG, FD etc. shall be accepted.

B) The total security deposit recoverable from a contractor including the amount of earnest money deposited with the tender as given in the above Clause will not exceed the security amount recoverable at the rates mentioned above.


19 C) After the work is physically completed, Security deposit recovered from the running bills

of a contractor can be returned to him if he so desires, in lieu of FDR/Irrevocable Bank Guarantee for a equivalent amount to be submitted by him. The security deposit unless forfeited in whole or in part according to the terms and conditions shall be returned to the contractor after the physical completion of the work after due certification by the competent authority. The competent authority shall normally be the authority who is competent to sign this contract. If the competent authority is of the rank lower than JA grade, then a JA Grade Officer (concerned with the work) will issue such certificate. The certificate, interalia, should mention that the work has been completed in all respects and that all the contractual obligations have been fulfilled by the contractors and that there is no due from the contractor to Railways against the contract concerned. Before releasing the SD, the contractor shall have to give an unconditional and unequivocal no claim certificate.

12. CONDITIONS OF CONTRACT AND SPECIFICATIONS

A. Except where specifically stated otherwise in the tender documents the work is to be carried out in accordance with (i) Central Railway General Conditions of Contract Regulations and Instructions for tenderer/s and standard form of Contract 1999 (ii) Central Railway Standard Schedule of Rates 2002 and (iii) Central Railway Standard Specifications for Material and Works (issued in 2007) with up to date correction slips. Copies of all these publications can be obtained from the office of CAO/C/PCE, Central Railway, and Mumbai on usual payment.

B. Where there is any discrepancy conflict or contradiction among special tender conditions, instructions to tenderer/s, special conditions relating to site data and specifications, the stipulations contained in the schedule of rates and quantities, Central Railway Standard Specifications for Materials and Works , General Conditions of Contract, 1999 etc. , Standard Schedule of Rates of 2002, relevant IS/IRS and other such codes etc then the following preference will be generally be observed in order of precedence as they appear below.

1. Stipulations contained in the schedule of rates and quantities including foot note if any. 2. Special conditions of tender and contracts. 3. Stipulations contained in SSR-2002 4. Stipulation contained in Central Railway Standard Specifications for Materials and Works 5. IRS codes of Practice/Standard specifications. 6. IS codes 7. Provision of any other relevant code. 8. General conditions of Contracts.

However the above precedence can be changed by the Engineer in charge and his decision with respect to the applicability/order of priority shall be final and binding. The final decision in such cases

regarding adoption of the specifications shall be of the engineer and shall be binding upon the contractor.

C. It is the responsibility of the contractor to keep himself updated with the latest amendments/correction slips to any of the above documents. The contractor can not take a plea for not following such corrections/amendments on the ground that such amendment has taken place after the opening of the tender.

13. Arbitration : The settlement of disputes and differences arising out of contract shall be done as per clauses 63 and 64 of General Conditions of Contract 1999.

A. Claims to be restricted to 20% of contract value The provision of Clauses 63 & 64 of General Conditions of Contract will be applicable only for settlement of claims or disputes between the parties for value less than or equal to 20% of the value of the contract and when claims of disputes


20 are of value more than 20% of the value of the contract, provision of clause 63 & 64 and other

relevant clause of the General Conditions of Contract will not be applicable and arbitration will not be a remedy for settlement of such disputes.

14. DRAWINGS FOR THE WORK

14.1 The drawings for the works can be seen in the office of the Dy.Chief Engineer/ Const/Ajni /Central Railway, Nagpur & in the office of Chief Admn. Officer/Const, Central Railway, CSTM ,Mumbai, It should be noted by tenderer/s that these drawings are meant for general guidance only and the Railway may suitably modify them during the execution of the work according to the circumstances without making the Railways liable for any claims on account of such changes.

14.2 The Railway Administration reserves the right to modify the plans and drawings as referred to in the special data and specifications as also the estimate and specifications without assigning any reasons as and when considered necessary by the railway. The percentage rates for the schedule items and items rates for the non-schedule items quoted by the contractor as may be accepted by the railways will, however, hold good irrespective of any changes, modifications, alterations, additions, omissions in the locations of structures and detailed drawings, specifications and/or the manner of executing the work.

14.3 Figures and dimensions on drawings shall supersede measurements by scale and drawings to a large scale shall take precedence over those to a smaller scale.

15. Additional Special Condition {CAO(C)CSTMs L.no. EW/187/R/465/Spl.Conditions Dt. 24.05.2007}.

i) It should be specifically noted that some of the detailed drawings may not have been finalized by the Railway and will, therefore, be supplied to the contractor as and when they are finalized on demand. No compensation whatsoever on this account shall be payable by the Railway Administration.

ii) No claim whatsoever will be entertained by the Railway on account of any delay or hold up of the work/s arising out of delay in approval of drawings, changes, modifications, alterations, additions, omission and the site layout plans or details drawings and design and or late supply of such material as are required to be arranged by the Railway or due to any other factor on Railway Accounts.

iii) No claim for idle labour and or idle machinery etc. on any account will be entertained. Similarly no claim shall be entertained for business loss or any such loss.

16. STUDY OF SITE AND LOCAL CONDITIONS : The tenderer/s is/are advised to visit the site of work and investigate actual conditions regarding nature and conditions of soil, difficulties involved due to inadequate stacking space, due to built up area around the site, availability of materials water and labour probable sites for labour camps, stores, godowns, etc. They should also satisfy themselves as to the sources of supply and adequacy for their respective purpose of different materials referred in the specifications and indicated in the drawings. The extent of lead and lift involved in the execution of works and any difficulties involved in the execution of work should also be examined before formulating the rates for complete items of work described in the schedule.

17. PROTECTION OF TRACK/STRUCTURES

17.1 Fencing at work : Contractor(s) while executing the work of doubling, yard remodeling etc. shall provide suitable fencing/barricading to protect/segregate the existing Railway line from any damage and un-toward incident, as per the directions or plan approved by Engineer-in-charge. The payment


21 of barricading/fencing shall be paid under the relevant N.S. item as given in the Schedule. No work will be started till the fencing/barricading is provided and clearance in writing is issued by the Engineer-in-charge.

17.2 Protection of existing bank: In case of excavation of ground/bank for foundation or for any other purpose near the existing bank , adequate protection measures like shoring etc shall be taken by the contractor at his own cost. However in case elaborate protection in the form of concrete/rail piles is required, payment will be made as per the relevant NS item. The requirement of protection shall be decided by the engineer.

17.3 During execution of the work, contractors shall ensure that all safety precautions are taken by their men to protect themselves and site to prevent any untoward incident. In this regard contractor will ensure that adequate number of safety helmets, safety belts, safety jackets with reflective arm band, rope, ladders emergency light etc. are available at site before the work is actually started. The above list is only indicating and is not exhaustive and safety item will be arranged as per the requirement. Railway reserve the right to stop the work in the absence of proper safety gear and no claim shall be entertained in this regard. Decision of the Engineer-in-charge will be final and binding upon the contractor. The cost of all the safety gear is deemed to have been included in the rates quoted and nothing extra is payable under this contract.

17.4 The contractor shall protect and support, as may be required or as directed by the Engineer, all building, fences, walls, towers, drains, road paths, waterways, foreshores banks, bridges, Railway ground and overhead electric lighting, the telegraphs/ telephones and crossing water service Main pipes and cables and wires and altogether matters and things of whatever kind not otherwise herein specified other than those specified or directed to be removed or altered which may be interfered with or which likely to be affected disturbed or endanger by the execution completion of maintenance of the works and shall support provided under this clause to such cases as directed by the Engineer. No payment shall be made by the Railway to the contractor for these works on account of delay for re-arrangement of road traffic or in the contractor having to carry out the short lengths and in such places as per conditions and circumstances may warrant. These will not form the basis of any claim and or dispute for compensation of any kind.

17.5 Damage to the Railway Property : Contractor(s) executing the works adjacent to the existing Railway track for e.g. doubling, gauge conversion, yard remodeling etc. will take all care for avoiding any damage to the underground/OH services such as S&T cables, electric cables/wires, pipelines/sewer lines etc. They must ensure that the work is started after obtaining clearance in writing from the Engineer-in-charge regarding the route for signaling/Electrical cables/water supply/ sewer lines etc. However, if any damage occurs during execution, he will immediately report the

same to the Engineer-in-charge and stop the work further till clearance for restarting the work is given by the Engineer-in-charge. It may be further noted that if it is proved that damage is occurred due to the negligence on the part of the contractor, the cost of the damage will be recovered from him/them. The decision of Engineer-in-charge will be final and binding upon the contractor(s).

17.6 Training to Supervisors and Operators of Contractor : The Supervisors and Operators of the Contractor proposed to be deployed at work site, which is close to the running track, shall be imparted mandatory training by the Railway about the safety measures to be adopted while working in the vicinity of running track. Engineer-in-charge of the work shall decide the scale, extent & adequacy of training. In case training is imparted at a recognized Railway training institute, the charges for the same, as decided by Railway, shall be recovered from contractor. A competency certificate to this effect to the individual Supervisor/Operator shall be issued as given below, by a Railway Officer not below the rank of Assistant level. No Supervisor/Operator of the Contractor shall work or allowed to work in the vicinity of running track who is not in possession of valid competency certificate.


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Competency Certificate Certified that Shri _______________________ Supervisor/Operator of M/s.

__________________________has been trained and examined in safety measures to be followed while working in the vicinity of running Railway track for the work____________________. His knowledge has been found satisfactory and he is capable of supervising the work safely. This certificate is valid only for the work mentioned in this certificate only.

Signature and designation of the officer

17.7 All the labour, materials, tools, plants etc required for ensuring safe running of trains shall be provided by Contractor at his own cost. Wherever lookout men are provided by Railway, charges at the rate of ```` 150/- per man per day shall be recovered from Contractor.

18. PERIOD OF COMPLETION AND PROGRAMME OF WORK

18.1 The entire work is required to be completed in all respects within 12 (Twelve) months including monsoon from the date of issue of the acceptance letter/telegram. Time is the essence of contract. The contractor/s will be required to maintain speedy and required progress to the satisfactions of the Engineer to ensure that the work will be completed in all respects within the stipulated period failing which action may be taken by the Railway Administration in terms of Clause 17 and/or Clause 62 of the General Conditions of Contract 1999.

18.2 The contractor/s shall arrange to execute the different items of works in close consultation with and as per directions of the Engineer so that other works being executed in the same area either departmentally or through another agency such as steel erection, P. Way earthwork in formation, etc. are also progressed concurrently. It may be noted, however, that any delay in the execution of departmental works, for whatsoever reason shall not be accepted as an excuse for non-performance of the contract.

18.3 The contractor/s will be required to give Dy. Chief Engineer a monthly progress report of the work done during the month on 4th of the following month. He will also give to the Dy. Chief Engineer the programme of work to be done in coming month by 25th of the preceding month. The programme will be subject to alteration or modifications at the direction of the CAO/Const /Chief Engineer/ Const./Dy.Chief Engineer/Const, who may discuss such modifications or alterations with the contractor as considered necessary. Approval of any programme shall not in any way relieve the contractor from any of his obligations to complete the whole of the work by the prescribed time or extended time, if any.

19. RATES AND PAYMENT FOR THE WORK DONE

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

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

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


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

19.5 In case of the Master Schedule items, the item nos., description, units and rates given in schedule of rates are as per Central Railway Standard Schedule of Rates 2002 and any discrepancy during the execution of the work in the working rates, quantity and units etc. should be rectified by reference to the printed schedule of rates which be treated as authority and will be binding on the contractor.

19.6 Should there arise any items which may be necessary for the completion of work but which does not appear in the Schedule of Items, Rates and Quantities attached with tenders, its rate will be fixed by analysis of actual inputs of all types including labour and material or derived from the labour and material rates given in the Central Railway Standard Schedules of Rates 2002. The rates for such non-scheduled items occurring during the course of construction shall be payable subject to the approval of the competent authority.

19.7 No items or work requiring non-schedule rates will be carried out unless ordered to do so by the Engineer. The rates derived from the Central Railway Standard Schedules of Rates 2002 will be subject to percentage above or below tendered by the contractor.

19.8 Payment for the work done will be made to the contractor only when the formal agreement has been executed between the contractor and the President of India acting through competent authority of Railway.

19.9 The rates quoted by the contractor as per Schedule of Items, Rates and Quantities shall form the basis of on account payment' or the various items under this contract.

19.10 In the course of execution of various items of work under schedule of Items, Rates and Quantities running bills payment for partly completed works will be made to the contractor. The quantum of such work for payment shall be decided by the Engineer-in-charge whose decision shall be final and binding on the contractor.

19.11 No `on account payment' by the Railway shall protect the contractor/s against or prevent the Railway from recovering from the contractor/s any over payment made to him/them.

19.12 Final payment of the balance amount due, exclusive of the security deposit, will be made after the completion of the entire work and on the certification of the Engineer that work has been completed in all respects and found satisfactory. The security deposit will be refunded after the date of completion according to relevant clause given elsewhere in these conditions.

19.13 All payments in respect of the contract during the currency of the contract shall be tried to be made through Electronic Clearing System (ECS) / Electronic Funds Transfer (EFT). The successful tenderer on award of contract must submit ECS/EFT Mandate Form complete in all respects as detailed at Annexure-J of the tender document. However, if the facility of ECS / EFT is not available at a particular location the payment shall be made by Cheque. In such case the successful tenderer on award of contract will have to furnish contractors Bank Account Number and Name of the Bank against which all payments in respect of the contract during the currency of contract shall be made.

20. SUPPLEMENTARY AGREEMENT : After the work is completed and taken over by the Railway as per terms and conditions of the contract agreement or otherwise concluded by the parties with mutual consent and full and final payment is made by the Railway to the contractor for work done


24 under the contract the parties shall execute the supplementary agreement annexed here to as Annexure-B.

21 Measures to be taken in construction and repairs on roads, embankments, etc.

21.1 All borrow pits dug for and in connection with the construction and repairs of buildings, roads, embankments, etc. shall be deep and connected with each other in the formation of a drain directed towards the lowest level and properly sloped for discharge into a river, stream, channel or drain and no person shall create any isolated borrow pit which is likely to cause accumulation of water which may breed mosquitoes.

21.2 Non fulfillment of the provision in the above para, shall be a breach of the contract and contractor/s shall be liable to pay the amount incurred by the Railway in getting the said job/s done at the risk and cost of the contractor. Besides this, the contractor will also be held responsible for any laws for contravening them.

22. SETTING OUT WORKS

22.1 The contractor is responsible to set out the whole of the work in consultation with the engineer or an official to be deputed by the Engineer and during the progress of works to amend on the requisition of the Engineer any errors, which may arise there in and provide efficient and sufficient staff and labour thereon. The contractor shall also alter or amend any errors in the dimension lines or levels to the satisfaction of the Engineer or his authorized representative without claiming any compensation for the same.

22.2 The contractor shall provide, fix and be responsible for maintenance of all stocks, templates, profiles, land marks, points, buries, monuments, center line pillars, reference pillars, etc. and shall take all necessary precautions to prevent their being removed altered or disturbed and will be responsible for the consequence of such removal, alterations or disturbance and for their efficient reinstatement.

23. SUPPLY OF MATERIALS BY THE RAILWAYS

23.1 If at any time, material which the contractor/s should normally have to arrange himself/themselves, are supplied by the Railway either at the contractor's request or in order to prevent any avoidable delay in the execution of work due to the contractor's inability to make adequate timely arrangements for supply thereof or for any other reason, recovery will be made from the contractor's bill either at the market rate prevailing at the time of supply or at the book rate which ever is greater, plus fixed departmental charges viz. freight at 5% (8.33% for items of Iron and G.I. pipe steel) incidental charges at 2% and added on total cost supervision charges at 121/2%. No carriage or incidental charges will be borne by the Railway. The contractor cannot, however, claim as a matter of right the issue of such material by the Railway which he/they is required to arrange himself/themselves in accordance with the terms and conditions of this contract.

23.2 The contractor shall be responsible for the safe transport custody and storage of all Railway materials issued to him and he will be liable to make good the loss due to any cause whatsoever, that may be suffered by the Railway on this account. Special precautions should be taken in respect of cement while transporting cement, steps should be taken to safeguard against cement becoming damp or wet due to moisture or rain. The contractor will also be responsible for storing cement in damp proof conditions at site of work at his own cost in accordance with the standard specifications. The Engineer shall decide whether the cement stored in the godown is fit for the work and his decision shall be final and binding on the contractor/s.


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23.3 The contractor should supply a schedule showing the requirements of explosives/materials required to be supplied to him by the Railway based on detailed plans. The materials will be arranged by the Railway according to this schedule unless otherwise modified by the Railway due to additions or alterations in the approved plans. No claim whatsoever will be entertained by the Railway on account of late supply of such materials as are required to be arranged by the Railway.

23.4 The materials like scrap rails, CC cribs, scrap sleepers etc can be supplied to the contractor free of cost depending upon availability and in the interest of work. No delay however will be acceptable on this account. The contractor will have to arrange necessary transport for bringing to site and returning back to nominated depot. However Railway does not guarantee that such materials will be made available.

24 SUPPLY OF MATERIALS BY THE CONTRACTOR/S

24.1 Materials used in the work by the contractor shall conform to the Central Railway Standard Specifications and the relevant I.S.I./I.R.S Specifications, and should be approved by the Engineer before utilising them on works.

24.2 It should be clearly understood that the tendered rates include wastage and wash away due to rains, storms, floods or any other cause whatsoever.

24.3 No loading, unloading, lead, lift, stacking, octroi, sales tax, toll tax, royalty or any other charges will be paid for the materials, tools and plants and tools arranged and brought by the contractor to the site of work.

25 SERVICE ROADS

25.1 The contractor/s shall make his/their arrangements for service roads, paths etc. for carrying his/their tools and plants, labour and materials, etc. and will also allow the Railway use of such paths and service roads, etc. for plying its own vehicles free of cost. The tenderer/s will be deemed to have included the cost of making any service roads, roads or paths, etc., that may be required by him/them for plying his/their vehicles for the carriage of his/their men and materials, tools, plants and machinery for successful completion of the work. Similarly, any other feeder road

25.2 connecting any of the existing roads will be made by the contractor at his/their own cost including any compensation that may be required to be paid for the temporary occupation and or usage of Govt. and or private land and without in any way involving the Railway in any dispute for damage and/or compensation.

25.3 In case the Railway has its own paths, service roads, the contractor/s will be allowed to use of such paths or service roads free of cost. He/They shall, however, in no way involve the Railway in any claims or dispute of whatever kind due to the inaccessibility of such paths or service roads or due to their poor condition and or maintenance or their being to be blocked and/or closed.

26 EMERGENCY WORK

26.1 In the event of any accident or failure occurring in or about the work of arising out for or in connection with the construction completion or maintenance of the work which in the opinion of the Engineer require immediate attention, the Railway may be with its own workmen or other agency execute or partly execute the necessary work or carry out repairs if the Engineer considers that the contractor is not in a position to do so in time and charge the cost thereof, as to be determined by the Chief Engineer/Const. to the contractor.


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26.2 In terms of clause 32 of GCC of May 1999, the material and plants brought by the contractor on the site or land occupied by the contractor in connection with the works and intended to be used for execution thereof shall immediately, they are brought upon the sites of this said land be deemed to be the property of the Railway, vehicles, equipments, plant and machinery of the contractor can be drafted by the Railway Administration at their discretion in case of accidents, natural calamites involving human lives, breaches, stoppage of train operations or any contingencies which require such requisitioning as essential. The decision in this regard of the Engineer-in-charge or his superiors i.e. Sr. Engineer / Executive Engineer/Dy. Chief Engineer etc. shall be final and beyond the ambit of arbitration clause.

26.3 The tenderer is required to submit the list of equipment, machinery, construction tools and plants available /deployed at site. The successful tenderer on receipt of acceptance letter and conveying their consent shall submit name, addresses, telephone numbers, Fax number/E Mail address of the persons to be contacted for requisitioning the above items as detailed in forgoing clause and notify from time to time if any change in the list of equipments/machinery or the addresses/ individuals to the Engineer-in-charge in writing. The name and address, telephone numbers and the contractor officials name shall also be displayed at the site of work.

26.4 The manpower, consumable items and maintenance of the above tools and plants when requisitioned shall be the responsibility of the tenderer/contractor so that the equipments, machinery, tools and plants shall be available for effective utilization at the accident sites, natural calamities, breaches sites etc.

26.5 The contractor shall be paid hire charges including all cost like manpower, fuel etc., for the drafted vehicles / equipment by operating suitable Non Schedule items at the rates decided mutually between the Engineer and the contractor. Operation of Non Schedule item will be approved with vetting of associate finance by DY.CE (C) operating the contract. However, if the contractor is not satisfied with Engineers decision, he may appeal to the CAO (C) within 30 days of getting the decision of the Engineer supported by the analysis of the rates claimed. The CAO (C)s decision after hearing both the parties in the matter would be final and binding on the contractor.

26.6 In case Railway withdraw / drafts / takes possession of contractors vehicle / equipment, a log book will be maintained by Railways representative and it will be jointly signed by Railways

authorised representative and contractors driver of vehicle / operator of equipment. Payment will be made accordingly on agreed rates.

26.7 The contractor shall provide following infoinformation about the vehicle / equipment available with them at the time of entering into contractor.

S.N. Particulars of vehicle/ equipment

No. of kind / make unit

Capacity

Age & condition

Present location

Remarks

27 NIGHT WORK : 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/allow working at night without confirming any right on the contractor for claiming any extra payment for the same.


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28 DISPOSAL OF SURPLUS EXCAVATED MATERIALS

28.1 The contractor shall at all time keep the site free from all surplus earth, surplus materials, and all rubbish which shall arise from the works and should dispose of the surplus excavated materials as ordered by the Engineer failing which it will be done at the cost of the contractor and cost will be deducted from his dues.

28.2 The contractor shall within 15 days of completion of entire works remove all unused and surplus materials tools and plants staging and refuge or other materials produced by his operations and shall leave the site in a clear and tidy conditions.

29 SITE INSPECTION BY ENGINEER OR HIS REPRESENTATIVE

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

29.2 The contractor shall, from time to time (before the surface of any portion or the site is interfered with or the work thereon begun) take such levels as the Engineer may direct in his presence or any person authorised by him in writing. Such levels approved and checked by him or such authorised persons shall be recorded in writing and signed by the contractor and shall form the basis of the measurements. Immediately before any portion of the work,

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

29.4 Inspection Registers and Records : The contractor shall maintain accurate records, plans and charts showing the dates and progress of all main operations and the Engineer and his representative shall have access to this information at all 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 Railways representative.

i. Site Order Book - The contractor shall promptly acknowledge orders given therein by the Engineer or his representative or his superior officers and comply with them. The compliance shall be reported by the Contractor to the Engineer in good time so that it can be checked.

ii. Cement Register - This register will be maintained to record daily receipt and consumption of the cement duly indicating the balance quantity. The quantum of the work done for the cement issued on a particular date will also be maintained.

iii. Steel Register - This register will record the receipts of steel items and details of reinforcements and members wherever steel is used.

iv. Labour Register - This register will be maintained to show daily strength of labour in different categories employed by the contractor.


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v. Log Book of events - All events are required to be chronologically logged in this book date and shift-wise.

vi. Material Passing & Testing Register - Register will show material brought at site, passed, rejected etc. with quantity, specifications & test results etc.

Registers as mentioned above will be provided by Contractor and will be maintained by the Engineers Representative and signed by the Contractor. Any other registers considered necessary by the Engineer, shall also be maintained at site. The registers, Proforma charts, etc. will be the property of the Railway.

30 OPENING UP OF WORK OR MATERIALS FOR INSPECTION OR TEST : Should the Engineer, or any representative consider it necessary for the purpose of enabling inspection of tests analysis to be made to verify or ascertain the quality of any part of the works or of any materials, the contractor shall as and when required by the Engineer or his representatives open up the work or materials for inspection or test or analysis, pull down or cut into any part of the work to make such openings, into under or through any part of the works as may be directed and shall/provide all things facilities which in the opinion of the Engineer or his representative are necessary and essential for the purpose of inspection or test or analysis of the works or of any part thereof or the materials, or of workmanship and the contractor shall close up, cover, rebuild and made good the whole at his own cost, as and when directed by and to the satisfaction of Engineer provided always that of the work in the opinion of the Engineer is found to his satisfaction and in accordance wi

Railway Example

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