CENTRAL RAILWAY Engineering Department

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multiple location & composite projects, details in respect of individual location to ...... or the Indian Standard Code of practice (ISC). ...... the stability of the construction, the Contractor at his own expense shall grout the cracks with polymer cement ...... (ii)It should be made of natural or synthetic rubber, should conform railways ...

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CENTRAL RAILWAY Engineering Department (SURVEY AND CONSTRUCTION ORGANISATION) TENDER DOCUMENT START OF TENDER DOCUMENT Tender Notice No.

:

E-Tender Dy.CE(C) NGP/04 of 2018 dated 10.05.2018

Name of work

:

Construction of Road Over Bridge (Railway portion) at Sindi in lieu of LC no. 103/A in Wardha – Nagpur section.

Advertised Value

Rs. 56254594.75

Earnest Money

Rs. 431280.00

Completion period

18(Eighteen) Months including monsoon

Tender Closing date Time

18.06.2018 @ 15.00 Hrs.

Date of opening

18.06.2018 after 15.15 Hrs.

Tender document containing 212 pages, serially numbered from 1 to 212. The end of Tender documents is indicated by –** End of Tender Document** – marker.

Signature Not Verified Digitally signed by MUKESH KUMAR SIROLIYA Date: 2018.05.18 17:56:01 IST Reason: IREPS-CRIS Location: New Delhi

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CENTRAL RAILWAY

Name of work: Construction of Road Over Bridge (Railway portion) at Sindi in lieu of LC no. 103/A in Wardha – Nagpur section.

INDEX 1.

Special instructions & guidelines for submitting e- tender

3-4

SECTION –A Tenderer's Declaration Form (To be uploaded separately by Tenderer). Regulations & Conditions for Tender (Part I) List of Annexures (To be uploaded by the tenderers Separately). 5. 5.1) Annexure I : Particulars of Tenderer(s). 5.2) Annexure II : Details of works of similar nature physically completed. 5.3) Annexure III- Completion certificate to be issued by organisation 5.4) Annexure IV : List of works in hand 5.5) Annexure V : List of personnel / organization available on hand and proposed to be engaged for the subject work. 5.6) Annexure VI: List of plant & Machinery (Owned) available on hand and proposed to be inducted on the subject work. 5.7) Annexure VII : Detail of contractual payment received in last three financial year and current financial year 5.8)Annexure VIII: Details of Contractual receipts to be given by CA 5.9) Annexure IX : Declaration For Site Visit. 5.10) Annexure X : Electronic Clearing Service (Credit Clearing). 5.11) Annexure XI: Tenderer’s declaration for not tampering tender document SECTION –B 3. 4.

6.

Special Conditions & Imp General Conditions of Contract

SECTION –C 7. Scope of work & Additional Special conditions of Contract SECTION –D 8. Technical specification 9. Acceptance of Tender 10. Agreement for work End of Tender Bid document

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24 25 26 27 28 29 30 31 32 33 34 35 36 -91 92 93-102 103 104-210 211 212 212

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3 Annexure-“A” SPECIAL INSTRUCTIONS & GUIDELINES FOR SUBMITTING e-TENDERS 1. Submission of tenders shall be ONLY through e-tendering on the website www.ireps.gov.in. No documents shall be accepted after opening of the e-tender. Only clarifications / verification shall be sought on the documents already submitted by uploading online, if required. 2. Offer shall be submitted only in the name of the tenderer/s who intend to submit their Offer for the work, with digital signature of the Authorised Signatory / Power of Attorney holder. 3. In case of JV firm/s, the Offer shall be submitted in the name of the JV firm/s only who intend to submit their Offer for the work with digital signature of the Authorised Signatory of the JV firm who has been specifically nominated/holds the Power of Attorney for this work or the Authorised Signatory of Lead Member of the JV firm. (Note : Applicable only if JV firms are permitted to participate in the tender) 4. Tenderer must deposit/pay Earnest Money Deposit (EMD) and Tender Document Cost (TDC) through Net Banking / Payment Gateway (Online Payment), as specified for the tender. 5. Tenderer/s are required to upload scanned documents as specified in tender document. Some of the Important documents are reiterated below : (a) Documents in support of fulfillment of Eligibility Criteria. (i) Authentic Certificates clearly reflecting the Contractual Receipt for the last three financial years & current financial year, which may be ANY ONE OR MORE of the following :  Copy of Certificate from the employer / client.  

Copy of Audited Financial Statements duly certified by the Chartered Accountant. For current year, certificate from Chartered Accountant can be submitted in place of Audited Financial Statements. Copy of TDS certificate or Form 26 AS.

(ii) Certificate(s) of Work Completed by the Firm in the last three financial years & the current financial year, which satisfies the eligibility criteria of “Similar nature of work”, as specified in the tender document. Note : A) While submitting Audited Financial Statements, all relevant pages should be submitted so that Contractual Receipt can be worked out. B) In case of (i) above, if unattested documents are uploaded, then successful tenderer will either submit attested copies or bring original documents for verification, when called for. (b) Tenderer’s Declaration Form (As per Technical Bid Document). (c) Affidavit verifying the genuineness of the documents submitted by the Tenderers / JV firms (as per Annexure-II) (d) Copies of legal documents depending on the category of the tenderer (Details given in Tender Document).

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4 (i) SOLE PROPRIETOR 

Affidavit on Stamp paper or any other document, to establish that the Tenderer is a Sole Proprietor of the firm.

(ii) PARTNERSHIP FIRM : 

Partnership Deed.



Power of Attorney.

(iii) COMPANY : 

Board Resolution passed by the Company in connection with participation in the present tender.



Power of Attorney.



Copy of Memorandum and Articles of Association.

(iv) JOINT VENTURE FIRM : 

MEMORANDUM OF UNDERSTANDING between the JV Partners.



Authorisation in favour of one member on behalf of JV firm.



Documents of all Constituent firms as per (i), (ii) & (iii) above, as the case may be.



Consent of all partners of a Partnership firm for participation in the JV.

6. Wherever submission of an original document is specified in the tender document, scanned copy of the original can be uploaded. 7. The entire tender document is not required to be printed, scanned and uploaded. Only the Tenderer’s declaration form and applicable Annexures are required to be printed signed and uploaded.

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SECTION

TENDER INFORMATION

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6 TENDERER’S DECLARATION FORM The President of India Acting through the Chief Engineer(C)/North,C.Rly,Mumbai CST/ Dy Chief Engineer(C ),C.Rly,Nagpur. I/We M/s …………………………………………………………………….. have read the contents of the Tender Document, including 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 full amount of my/our “Earnest Money”. 1. I/We offer to do the work for “Construction of Road Over Bridge (Railway portion) at Sindi in lieu of LC no. 103/A in Wardha – Nagpur section” at percent above/below/at par with the Central Railway USSOR 2011 and/or for NS items mentioned in the attached schedules and hereby bind myself/ourselves to complete the work in _____months including monsoon from the date of issue of letter of acceptance of the tender. I/We also hereby agree to abide by the Indian Railways General Conditions of Contract July 2014 with up to date corrections and to carry out the work according to the specifications laid down by the Railway for the present contract. 2. The full amount of earnest money has been paid online through Net Banking / Payment Gateway. 3.

I fully understand that, the full value of the earnest money shall stand forfeited without prejudice to any other rights or remedies if :(a) I/We do not execute the contract documents within seven days after receipt of notice issued by the Railway that such documents are ready; and (b) I/We do not commence the work within fifteen days after receipt of orders to that effect.

4.

Until a formal agreement is prepared and executed, acceptance of this tender shall constitute a binding contract between us subject to modifications as may be mutually agreed to between us and indicated in the letter of acceptance of my/our offer for this work.

5.

I/We also agree that in the event of my/our failure to execute the contract document as hereinbefore provided or commence the work within the prescribed period after issue of letter of acceptance of the tender, the Railway may be entitled to determine that I/We have abandoned the contract and thereupon my/our tender and acceptance thereof may be treated as cancelled and the Railway shall be entitled to forfeit the full amount of earnest money and recover the damages for such default.

6.

I/We have not tampered /modified the tender forms in any manner. In case the document is found to be tampered/modified, I/We understand that my/our tender is liable to be rejected and full earnest money deposit will be forfeited and I/We am/are liable to be banned from doing business with Railways and/or prosecuted.

Date……………. Contractor’s address: ……………………………

Signature of Contractor Date………………………… Signature of Witnesses (1)………………………….. (2)…………………………..

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7 REGULATIONS AND CONDITIONS FOR TENDER AND CONTRACT

1.

STUDY OF SITE AND LOCAL CONDITIONS : The tenderer/s is/are advised to visit the site of work and investigate actual conditions regarding approach roads and accessibility, 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. 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 –‘IX’.

2.

Words importing the singular number shall also include the plural and vice versa where the context requires. These Regulations for Tender and Contract shall be read in conjunction with the Conditions of Contract which are referred to herein and shall be subject to modifications, addition or suppression by special conditions of contract and/or special specifications, if any, annexed to the Tender Forms.

3.

Omissions & Discrepancies: The tenderers shall not take any advantage of any misinterpretation of the conditions due to typing or any other error/omission and if any doubt, shall bring it to the notice of the Engineer without delay. In case of any contradictions, only the printed rules and books should be followed and no claim for the misinterpretation shall be entertained. Should a tenderer find discrepancies in or omissions from the drawings or any of the Tender Forms or should he be in doubt as to their meaning, he should at once notify the authority inviting tenders who may send a written instruction to all tenderers. It shall be understood that every endeavor has been made to avoid any error which can materially affect the basis of the tender and the successful tenderer shall take upon himself and provide for the risk of any error which may subsequently be discovered and shall make no subsequent claim on account thereof.

4.

‘Tender Form Fees’:

4.1

Payment of Tender Document Cost (TDC) as per NIT in respect of e-tendering, shall be paid separately through net banking or payment gateway only and shall be paid in the account of (“Dy FA&CAO (C) / Sr AFA(C), Central Railway, Nagpur”). The ereceipt of the transaction shall be uploaded with the tender (Ref. Railway Board letter No.2015/CE – I / CT/5/1/ Dtd.31.08.2016). It should not be merged with EMD. Note :No other mode of payment will be accepted for Tender document cost. The cost of Tender document is not refundable.

5.

Earnest Money Deposit :

Payment of Earnest Money Deposit (EMD) as per tender notice, in respect of etendering, shall be accepted through net banking or payment gateway only and shall be paid in the account of (“Dy FA&CAO (C) / Sr AFA(C) , Central Railway, Nagpur”). The e-receipt of the transaction shall be uploaded with the tender. Note: For Tender form fees & EMD These instruments i.e. D. D., Banker cheque, Cash receipt & Fixed Deposit Receipt (FDR) will not be accepted as Tender Form Tenderer

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8 Fees & EMD cost for tenders invited on IREPS (e-tender portal) (Ref. Railway Board letter No.2015/CE – I / CT/5/1/ Dtd.31.08.2016). 5.1

If the tender is accepted, the amount of earnest money will be held as security deposit for the due and faithful fulfillment of the Contract in terms of Clause 16 of General Conditions of Contract. The earnest money of the unsuccessful tenderer will as therein before provided be returned to the unsuccessful tenderers but the Railway shall not be responsible for any loss or depreciation that may happen to the security for the due performance of the stipulation to keep the offer open for the period specified in the tender documents or to the earnest money while in their possession, nor be liable to pay interest thereon.

6.

Contractor’s credentials & supporting documentation :Eligibility Criteria for Tenderers :1. 1.1

Eligibility Criteria : 1. Only those firms, which in their individual capacity satisfy the following criteria, need to quote for this tender : Criterion (a):Total contract amount received during the last three financial years and in the current financial year should be a minimum of 150% of advertised tender value. Note- ANY ONE OR MORE of the 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 Tax Deducted at Source (TDS) Certificate. ii) Attested copy of Audited balance sheet duly certified by the Chartered Accountant. iii) Attested Certificates from Employer/Clients about contractual Payment received for the work done. Criterion (b):Should have physically completed, in the last three financial years i.e. current year and three previous financial years (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. Similar work shall mean :-“Any Civil Engineering work involving construction of bridges including PSC/RCC/COMPOSITE costing at least 35% of the tendered cost of bridge work. ” 

As per Railway Board’s letter No. 94/CE-I/CT/4 dated 23.11.2006. “In case of composite works involving combination of different works, even separate completed works of required value should be considered while evaluating the eligibility criteria. For example, in a tender for bridge work has been defined as bridge work with pile foundation and PSC superstructure, a tenderer, who has completed one bridge work with pile foundation of value at least equal to 35% of the tender value and also has completed one bridge work with PSC superstructure of value at least equal to 35% of the tender value, should be considered as having fulfilled the eligibility criterion of having completed similar nature of work.”  The total value of similar nature of work completed during the qualifying period, and not the payments received within qualifying period alone, shall be considered.  In case, final bill of similar nature of work has not been passed and final measurements have not been recorded, the paid amount including statutory deductions will be considered. If the final measurements have been recorded and

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9 work has been completed with negative variation, then also the paid amount including statutory deductions will 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 shall be considered for judging eligibility.  Work executed for Central / State Government / Semi Government Organizations /Authorities, PSUs and Government of India Undertakings, will be considered for assessing the suitability of tenderers. Authentic Certificates from the concerned Government Authorities shall be produced by the tenderer(s) to this effect along with Tender Offer.  Sub- Contractor engaged by Main Contractor / Concessionaires / SPV's who executed work for a Central / State Government / Semi Government Organisation / Authorities / PSUs and Government of India undertakings, will be considered for assessing the suitability, provided authentic certificate is issued by the concerned Government authorities, subject to the following : (i) For Sub – Contractor of Concessionaires / SPV's, the similar work given by the Concessionaires / SPV's to the Sub-contractor will be considered as completed single similar work for eligibility. (ii) For all other Sub-Contractors : (a) For linear works of Railways, Roads, Canals and Dams only, similar work given to the Sub-Contractor will be considered as completed single similar work for eligibility. (b) For all other Contracts, works given to the Sub-Contractor will be considered for eligibility only if, the entire work awarded to the Main Contractor is physically completed and Sub-Contractor completes the similar work allotted to him.  Tenderers should submit documentary proof in regard to fulfilling the above eligibility criteria along with their offer. Each document should be signed by the tenderer in token of authentication of the document submitted. The offer of Tenderers who do not meet the eligibility criteria as mentioned vide (a) & (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.

6.1.2.

The tenderers should furnish list of works completed in the last three financial years, giving description of work, Organization for whom executed, approx. value of contract at the time of award, date of award & date of scheduled & actual completion of work. For large value multiple location & composite projects, details in respect of individual location to be given, duly certified by Controlling officer about the progress.

6.1.3.

Scanned copies of supportive documents/certificates from the organizations with whom they worked/are working should be uploaded along with summary filled in proforma. The experience certificate should preferably be issued by Junior Administrative Grade (JAG) Officer in Central Government, Superintendent Engineer in State Government, equivalent grade Officer in other departments. All scanned copies must be attested and signed by the tenderer. Certificates from private individuals for whom such works are executed/being executed will not be accepted.

6.1.4.

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10 6.1.5.

The offers of Tenderers who do not meet the eligibility criteria as mentioned above shall not be considered. The Tenderers who fail to upload documentary proof along with their offer will, normally, not be considered. 6.1.6. Tenderers may carefully note that their Contract Agreement for this work is liable to be terminated at any time later, in case any of the information furnished by them is found to be untrue or any adverse point comes to light subsequently. The decision of Railway in this regard shall be final and binding. 6.1.7 Detailed Tender notice along with eligibility criteria, Tender documents and corrigendum issued from time to time are available on the website mentioned above. Changes, if any, would be posted on this website at least 15 days in advance of opening of tender and may be seen on this website. 6.2.

The tenderer is required to upload scanned copies of the following documents along with tender papers duly filled & signed at all pages: a) Tenderer’s Declaration Form.

b) Annexure I : Particulars of Tenderer(s). d)Annexure II : Details of works of similar nature physically completed. e)Annexure III: Completion certificate to be issued by organisation f)Annexure IV : List of works in hand g) Annexure V : List of personnel / organization available on hand and proposed to be engaged for the subject work. h)Annexure VI: List of plant & Machinery (Owned) available on hand and proposed to be inducted on the subject work. i) Annexure VII : Certificates from Employers/Clients about detail of contractual payment received for the work done with various Departments/ Agencies. Detail of contractual payment received in last three financial years and current financial year OR/AND (ii) Annexure VIII : Details of Contractual receipts Audited Balance Sheet duly certified for the last three financial years and current financial year j) Annexure IX : Declaration For Site Visit. k)Annexure X : Electronic Clearing Service (Credit Clearing). l) Annexure XI: Tenderer’s declaration form for not tampering tender document m) Earnest money in prescribed form and manner. n) Method statement, PERT Chart & Schedule of execution vis-a-vis deployment of resources. o) Bio-data of key personnel and/or construction Engineers to be involved in this work. p) Power of Attorney/Partnership deeds if any. q Any other document / drawing the Tenderers may like to submit in support of his/their credentials/scheme. r) Performance record of firm last 5 years. (Refer clause 6.4 at below page). 6.3.

Tenderer’s Special Conditions The tenderer should not stipulate any special conditions while submitting his tender. Conditional tenders are liable to be rejected straight way. Railway reserves the right to reject such tenders without assigning any reasons whatsoever.

6.4.

Performance record for the last 5 years showing the following may be submitted (a) Was denied credit bond or Bank Guarantee. (b) Was incapable of performance of contract, resulting in rescinding of the same at firm’s risk and cost. (c) Was unable to complete awarded work. (d) Was penalized for failure to adhere to completion date. (e) Earned bonus for early completion. (f) Took recourse to arbitration for settlement for disputes.

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11 6.5.

Tenderers should quote their rates taking all aspects into consideration and offers with special condition without monitory valuation will not be considered and liable to be rejected. Duly attested scanned copies of Affidavit of sole proprietorship / Partnership deeds / Papers of Limited Company / Papers of Joint Venture (Including MOU and supporting papers of JV), Power of Attorney (if any) and Credential certificates, etc. must be uploaded. The certified true copies shall be duly attested. If the tenderer fails to abide by these conditions and fails to submit as above, the tender is liable to be rejected.

7.

The following documents form part of contract (a) Tender Document. (b) Tender declaration form. (c) Regulations and conditions for Tenders & Contract. (d) RDSO’s revised specification of machine crushed track ballast IRS-GE-1, June 2016 (Updated upto the date)and Special conditions of contract (e) Scope of work, Additional Special Condition of Contract, Schedule of Quantities & Rates (Section C). (f) Indian Railway’s General Conditions of Contract (G.C.C.) July 2014 (Updated upto the date). (g) Central Railway’s Unified Standard Specifications 2010 (As applied). (h) Central Railway Schedule of Rates 2002(P.way) (Updated up to the date). (i) Central Railway’s Unified Standard Schedule of Rates – 2011 (Updated up to the date).

7.1

Order of Preference Except where specifically stated otherwise in the tender documents, the work is to be carried out in accordance with (i) Indian Railway Standard General Conditions of Contract July 2014 with correction slip No. 2 dated 15-10-2014 (ii) Indian Railway Standard Schedule of Rates 2011 and (iii) Indian Railway Unified Standard Specifications for (Works and Material) Vol. I&II (issued in 2010) with updated correction slips. Copies of all these publications can be obtained from the office of CAO/C/PCE, Central Railway, Mumbai on usual payment.

7.2

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, Indian Railway Standard Specifications for Works and Materials , General Conditions of Contract, July-2014 etc. , Standard Schedule of Rates of 2011, 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 USSOR-2011 4. Stipulation contained in Indian Railway Unified Standard Specifications for (Works and Material) Vol. I & II (issued in 2010) with updated correction slips. 5. IRS codes of Practice/Standard specifications including specification published by RDSO. 6. General conditions of Contracts. 7. IS codes 8. Provision of any other relevant code. 9. Technical Specification in Tender documents

7.3

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.

7.4

It is the responsibility of the contractor to keep himself updated with the latest amendments / correction slips to any of the above documents.

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12 8.

8.1 Inspection of site before tendering Before submitting a tender, the tenderer will be deemed to have satisfied himself by actual inspection of the site and locality of the works, that all conditions liable to be encountered during the execution of the works are taken into account and that the “percentage/rates he enters in the Tender Forms” is/are adequate and all inclusive to accord with the provisions in Clause 37 of the General Conditions of Contract for the completion of works to the entire satisfaction of the engineer. No claim shall be entertained regarding approaches/approach road in and outside Railway land and contractor/s will bear entire expenses such as road-taxes, payment for right of way, etc. to outsiders and for constructions of approaches/approach road etc.

8.2

Care In Submission of Tenders: (Railway Board’s letter No.2017/CE-I/CT/4/GST dt.23.6.2017 & revised clause 6 Part I of General condition of contract July 2014.).

(a)(i) Before submitting a tender, the tenderer will be deemed to have satisfied himself by actual inspection of the site and locality of the works, that all conditions liable to be encountered during the execution of the works are taken into account and that the rates he enters in the tender forms are adequate and all inclusive to accord with the provisions in Clause-37 of the Standard General Conditions of Contract for the completion of works to the entire satisfaction of the Engineer. (ii)

Tenderers will examine the various provisions of The Central Goods and Services Tax Act, 2017(CGST)/Integrated Goods and Services Tax Act, 2017(IGST)/ Union Territory Goods and Services Tax Act, 2017(UTGST)/ respective state's State Goods and Services Tax Act (SGST) also, as notified by Central/State Govt & as amended from time to time and applicable taxes before bidding. Tenderers will ensure that full benefit of Input Tax Credit (ITC) likely to be availed by them is duly considered while quoting rates.

(iii)

The successful tenderer who is liable to be registered under CGST/IGST/UTGST/SGST Act shall submit GSTIN along with other details required under CGST/IGST/UTGST/SGST Act ,to railway immediately after the award of contract, without which no payment shall be released to the contractor. The contractor shall be responsible for deposition of applicable GST to the concerned authority.

(iv)

In case the successful tenderer is not liable to be registered under CGST/IGST/UTGST/SGST Act, the railway shall deduct the applicable GST from his/their bills under reverse charge mechanism (RCM) and deposit the same to the concerned authority.

b)

When work is tendered for by a firm or company of contractors, the tender shall be signed by the individual legally authorized to enter into commitments on their behalf.

c) The Railways will not be bound by any Power of Attorney granted by the tenderer or by changes in the composition of the firm made subsequent to the execution of the contract. It may, however recognize such Power of Attorney and changes after obtaining proper legal advice, the cost of which will be charged to the Contractor. 8.3 . Implementation of GST Act,2017-Procedure for payment of Contractual bill. (Railway Board’s letter No.2016/CE-I/CT/12/GST/Pt.I dated 29.06.2017) On Indian Railways presently 'work executed by contractor' is recorded in measurement books by railway, duly accepted by contractor. Railway prepares 'on account / final contract certificate' for the payable amount based on the work executed and the rates quoted by the contractor duly deducting various statutory taxes like - work contract tax/ service tax/royalties/income tax etc. as per applicable rates. Further, railways deposit the statutory deductions themselves to the concerned authorities.

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13 2. With GST act in force, it will be the responsibility of service providers (Le. contractors) to submit the invoice (bill) duly segregating the GST component from the Gross amount of work executed. (A) (i) All works contracts are to be provided with goods/service code based on the type of contract. In case contract consists of both goods & service, then interpretation regarding nature of contract shall be done as per clause 8, Chapter III of CGST Act, 2017. The goods/service code is notified by Ministryof Finance and can be downloaded from the website www.cbec.gov.in. (ii) The 'on account / final contract certificate' shall be prepared by the Railway on the basis of quantity of work executed and agreemental rates, duly segregating the GST component as detailed in para (iii) below. (iii) Since the agreemental rates of contracts are inclusive of all taxes as per clause 37 of GCC-20 14, the calculation of 'Gross amount of work executed', 'Amount of work executed excluding GST amount' and 'GST amount' in the'on account / final contract certificate' shall be done as under: Let Z = Gross amount of work executed on the basis of quantum of work executed and agreemental rates. X = Amount of work executed excluding GST amount. Y = GST amount as per applicable OST rate for that goods/service code. R = Percentage rate of GST for that goods/service code Then, Z = X+Y, Y = X*R/1OO (iv) Percentage rate of GST for various types of goods/services council can be downloaded from the website www.cbec.gov.in.

as finalised byGST

(B) (i) Once the 'on account / final contract certificate' is prepared by railway and communicated to contractor, the contractor shall submit invoice (bill) on his Letter head duly segregating the 'Amount of work executed excluding GST amount' and 'GST amount' (i.e. "X" & "Y" as mentioned in para 3(A)(iii) above) along with Invoice No. (bill No.) and all other details required under GST act. The sample GST compliant invoice is annexed herewith. (ii)

In case contractor is liable to be registered under GST Act, Railway shall pay to the Contractor 'Gross amount of work executed' (i.e. "Z" as mentioned in para 3A(iii) above) duly deducting all other leviable taxes like I1Tax, labourcess, royalty etc. as applicable. Contractor shall be liable to pay 'GST amount'to respective authority himself. Whereas, railway shall deposit all other taxes deducted to concerned authority as is being done presently.

(iii)

In case contractor is not liable to be registered under GST Act, contractor shall be paid" Amount of work executed excluding GST amount" (i.e. "X" as mentioned in para 3A(iii) above) duly deducting all other leviable taxes like I/Tax, labourcess, royalty etc. as applicable. Railway shall deposit 'GST amount' as well as all other taxes deducted to concerned authority.

(iv)

In case any need arises to modify the Invoice (Bill) due to any reason,

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14 contractor shall submit amended fresh invoice for processing the payment. Note: All rates quoted in the tender shall be deemed to be inclusive of GST (Goods Service Tax) payable by the contractor/s to the Govt. or public body or local authority as on the date of opening of tender and no additional amount will be paid or claim entertained on this account by the Railway.  However, in case of any subsequent increase in the rates of GST, the increased amount will be reimbursed to the contractor, only on production of documentary proof of payment of GST at such increased rates along with State /Central Govt.’s order.  Similarly in case of decrease in the rate of GST charges or its waival, payment of GST will be regulated by such reduced rate and recovery shall be affected from the contractor accordingly.  Reimbursement, if required, shall be worked out separately by the contractor and submitted along with claims for on-account payments.  Recovery, if required, shall be worked out separately by Railways and the amount so worked out shall be deducted from Contractor’s Bills for on account payments.  The amount of reimbursement or recovery, as the case may be, as per revised rate of GST shall be applicable only for the quantity of work executed by the contractor after the Government Resolution for revision of rate of GST has come into effect.  The reimbursement/recoveries as per the revised rate of GST shall be effective only for the original completion period of the work. However, the amount as per revised rate of GST is payable/recoverable during the extended period of the contract, and the extension has been granted on administrative grounds i.e. under Clause 17-A (i), (ii) or (iii) of GCC. Where extensions of time has been granted due to contractor’s failure under Clause 17 (B) of the General Conditions of Contract, the reimbursement due to change in rate of GST shall not be payable for such extended periods, however decrease in the rate of GST or its waival, the difference in the amount will be recovered from the payment of the contractor for such extended periods under Clause 17 (B) of GCC. Note:-1) 9.

The provision made by these amendments or by any further orders of the Railway Board in connection with the provision of the CGST and SGST Acts, as on the date of opening of the tender, will supersede any other provision in this Tender document if in contradiction When work is tendered for by a firm or company of contractors, the tender shall be signed by the individual legally authorised to enter into commitments on their behalf. The Railways will not be bound by any Power of Attorney granted by the tenderer or by changes in the composition of the firm made subsequent to the execution of the contract. It may, however recognize such Power of Attorney and changes after obtaining proper legal advice, the cost of which will be charged to the Contractor.

9.1 (A) Drawing for the work i) 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. ii) 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,

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For Dy CE(C ) NGP

15

iii)

iv)

v) vi)

additions, omissions in the locations of structures and detailed drawings, specifications and/or the manner of executing the work. 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. 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. 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. The designs and drawings supplied by Railway may be standard designs / drawings of RDSO or may decide to adopt designs / drawings of a similar or nearest span used elsewhere. In case some modifications are felt necessary as per the site conditions or to suit the requirement of the work as decided by the railway, the contractor may be asked to carry out such modifications by outsourcing at his own cost in the interest of the work. The final approval to the design with such modifications shall lie with the Railway. No payment will be made for such modifications unless specifically provided in the schedule of rates and quantities.

B).

Additional Special Condition {CAO(C)CSTM’s 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. 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. 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.

ii)

iii)

10. (a) Tenderers can quote different percentage rate for all the Schedules A : Part -1, Part-2, Part-3, Part-4, Schdule –B & Schedule –C. The rates should be quoted in ‘figures’as well as in ‘words’. In case of ‘Vitiation’ in a contract, in view of excess / savings in Schedule quantities during execution of work, the excess amount will be deducted and will not be payable to the Contractor, so as to eliminate any possibility of ‘Vitiation’. (b) Any condition quoted by the tenderer and having financial implications shall be clearly mentioned on the Offer Sheet itself, along with the Monetary value of that condition. Such conditional offer, where the Monetary value is not mentioned along with the conditions(s) on the Offer Sheet, shall be summarily rejected. Part offer for any schedule / item shall not be considered. In case of any discrepancy between the rate quoted in “Figures” and “Words”, the rate quoted in “Words” will prevail (c) The tenderer must tender for all the items shown in the schedule of approximate quantities attached. The quantities shown in the attached schedule are given as a guide and are approximate only and are subject to variation according to the needs of the Railway. The Railway does not guarantee work under each item of the schedule.

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For Dy CE(C ) NGP

16 (d) The tenderers should note that the item and basic rates of Master Schedule items are based on USSOR-2011/NS items. 11.

Any number of corrections can be made by tenderers before due date and time of final submission.

12.

It shall not be obligatory on the said authority to accept the lowest tender and no tenderer shall demand any explanation for the cause of rejection of his tender

13.

If the tenderer deliberately gives wrong information in his tender or creates circumstance for the acceptance of his tender, the Railway reserves the right to reject such tender at any stage.

14.

If a 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 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.

15.

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

16.

The authority for the acceptance of the tender will rest with the Chief Administrative Officer (Construction) /Chief Engineer / Deputy Chief Engineer, who does not bind himself to accept the lowest or any other tender nor does he undertake to assign reasons for declining to consider any particular tender or tenders.

17.

The successful Tenderer shall be required to execute an Agreement with the President of India acting through the Chief Engineer(C)/Deputy Chief Engineer (C) for carrying out the work according to the General Conditions of Contract July 2014, Indian Railways Unified Standard Specifications (Works & Materials) 2010 Vol. I & Vol. II updated up to date and Special Conditions & Special Specifications, technical specifications annexed with the tender.

18.

The cost of Tender Document (Tender Form Fees) is not refundable and Tender document is not transferable. Tender unaccompanied with requisite Tender Form Fees along with offer or received in any other form than those mentioned in tender notice, shall be summarily rejected.

19.

Execution of Contract Document 19.1. The Tenderer whose tender is accepted shall be required to appear at the office of General Manager / General Manager (Construction)/ CAO (C) / Chief Engineer (Construction) / Dy. Chief Engineer (C) as the case may be in person, or if a firm or corporation, a duly authorized representative, and execute the contract documents within seven days after notice that the contract has been awarded to him. Failure to do so shall constitute a breach of the agreement effected by the acceptance of the Tender in which case the full value of the earnest money accompanying the tender, shall stand forfeited without prejudice to any other rights or remedies. 19.2. In the event of any tenderer whose tender is accepted, refuses to execute the contract documents as herein before provided, the Railway may determine that such tenderer has abandoned the contract and thereupon his tender and the acceptance thereof shall be treated as cancelled and the Railway shall be entitled to forfeit the full amount of the earnest money and to recover the liquidated damage for such default. 19.3. Every contract shall be complete in respect of the documents it shall constitute. Not less than 5 copies of the contract documents shall be signed by the competent authority and the contractor and one copy given to the contractor. 19.4. The earnest money deposited by the successful tenderer shall be forfeited if the contractor fails to execute the Agreement or fails to start the work within a reasonable time (to be determined by the Engineer after notification of the acceptance of his tender).

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17 20. A) Completion Period The works are required to be completed within a period of 18 (Eighteen) months including Monsoon from the date of issue of acceptance letter. The sequence in which work is programmed to be carried out shall be represented by a network chart to be prepared by the Contractor and approved by the Engineer before commencement of the work. B) Extension of completion Period The contractor shall apply for extension in completion period well in advance before expiry of completion period as per clause no. 17 of General Condition of Contract. In the case the contractor has failed to complete the work by the agreed date of completion and neither seek nor willing to seek extension even after expiry of the agreed date of completion , the Railway reserve right to terminate the contract with effect from date of completion, original or extended by giving a notice to this effect. 21.

Partnership Deeds, Power of Attorneys etc. 21.1 The tenderer shall clearly specify whether the tender is submitted on his own or on behalf of a partnership concern. If the tender is submitted on behalf of partnership concern, he should submit the certified copy of partnership deed along with the tender and authorization to sign the tender documents on behalf of partnership firm. 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, recognizes such power of attorney and changes after obtaining proper legal advise the cost of which will be chargeable to the contractor.

21.2

The tenderer whether sole proprietor, a limited company or a partnership firm if they want to act through agent or individual partner(s) should submit 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(s) of the firm or any other person specifically authorising him/them to submit the tender, sign the agreement, receive money, witness measurements, sign measurement books, compromise, settle, relinquish any claim(s) preferred by the firm and sign "No Claim Certificate" and refer all or any disputes to arbitration.

21.3 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.400/- for scrutiny of corrected power of attorney will be payable by the tenderer while resubmitting power of attorney. The same charges shall be recoverable for scrutiny of all documents. 21.4 No power of attorney in favour of an individual person will be accepted if it is irrevocable except when it is in favour of Bank. 21.5 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, authorized translator of courts and licensed petition writers should be supplied by the contractor/s while tendering for the work. 21.6 Cancellation or creation or correction of any documents, such as Power of Attorney, Partnership Deed, etc. which may have a bearing on the tender/contract should be communicated forthwith by the tenderer/Contractor in writing, failing which Central Railway, Mumbai, shall not have responsibility or liability for any action taken on the strength of the said documents. 22.

Employment / Partnership Etc. of Retired Railway Employees: 22.1 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

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18 capacity or whether holding a pensionable post or not, in the Engineering or any other department of any of the railways owned and administered by the President of India for the time being, or should a tenderer being partnership firm have as one of its partners a retired engineer or retired Gazetted Officer as aforesaid, or should a tenderer being an incorporated company have any such retired engineer or retired officer as one of its Directors or should a tenderer have in his employment any retired Engineer or retired Gazetted Officer as aforesaid, the full information as to the date of retirement of such Engineer or Gazetted Officer from the said service and in case where such Engineer or Officer had not retired from Government service at least 1 years prior to the date of submission of the tender as to whether permission for taking such contract, or if the contractor be a partnership firm or an incorporated company, to become a partner or Director as the case may be, or to take the employment under the contractor, has been obtained by the tenderer or the Engineer or Officer, as the case may be from the President of India or any officer, duly authorized by him in this behalf, shall be clearly stated in writing at the time of submitting the tender. Tenders without the information above referred to or a statement to the effect that no such retired Engineer or retired Gazetted Officer is so associated with the tenderer, as the case may be, shall be rejected. 22.2 Should a tenderer or contractor being an individual on the list of approved Contractors, have a relative(s) or in the case of partnership firm or company of contractors one or more of his shareholder(s) or a relative(s) of the shareholder(s) employed in Gazetted capacity in the Engineering or any other department of the Railway, the authority inviting tenders shall be informed of the fact at the time of submission of tender, failing which the tender may be disqualified /rejected or if such fact subsequently comes to light, the contract may be rescinded in accordance with provision in Clause 62 of Standard General Conditions of Contract. 22.3

22.4

Restriction on the Employment of Retired Engineer of Railway Services within one year of their Retirement : The Contractor shall not, if he is a retired Government Engineer of Gazetted rank, himself engage in or employ or associate a retired Government Engineer of Gazetted rank, who has not completed one year from the date of retirement, in connection with this contract in any manner whatsoever without obtaining prior permission of the president and if the contractor is found to have contravened this provision it will constitute a breach of contract and administration will be entitled to terminate the contract and forfeit EMD, PG & SD of that contract. At any time after the tender relating to the contract, has been signed and submitted by the contractor, being a partnership firm admit as one of its partners or employee under it or being an incorporated company elect or nominate or allow to act as one of its directors or employee under it in any capacity whatsoever any retired engineer of the gazetted rank or any other retired gazetted officer working before his retirement, whether in the executive or administrative capacity, or whether holding any pensionable post or not , in the Railways for the time being owned and administered by the President of India before the expiry of one year from the date of retirement from the said service of such Engineer or Officer unless such Engineer or Officer has obtained permission from the President of India or any officer duly authorised by him in this behalf to become a partner or a director or to take employment under the contract as the case may be or.

23.

Should the Railway decide to negotiate with a view to bring down the rates, the original offer will still be binding in case nothing materializes out of the negotiations.

24.

The Railway reserves the right of not to invite tenders for any work or works, or to invite open or limited tenders, and when tenders are called, to accept a tender in whole or in part or reject any tender or all tenders without assigning reason for any such action.

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19 25.1 a) b) 25.2

In case of Tenderer/s are Partnership firm/s, the following documents should be enclosed. Certified copy of Partnership Deed. Power of attorney in favour of one of the partner to sign the Agreement on behalf of all the partners and create liability against the firm. In case Tenderer are Proprietary firm OR HUF: the following documents should be enclosed. Affidavit on Stamp paper of appropriate valuation declaring that his concern is a Proprietary concern and he is sole proprietor of the concern OR he is in position of “KARTA” of Hindu Undivided Family and he has authority, power and consent given by other co-partners to act on behalf of HUF.

25.3 a)

In case of Tenderer/s are limited companies, following documents should be submitted. Certified copy of minutes of meeting of the directors of the company in which resolution was passed to the effect. i)

b) c) 26

Of authorizing Managing Director / One of the director / manager of the company to sign Agreement ii) of authorizing M.D. / Director / Manager or any other person to sign all other documents, contract agreement etc. and create liability against the company and / or to do any other act on behalf of the company. Copy of Memorandum and articles of Association of the company. Power of Attorney by the Competent Authorizing person to do act mentioned in item (ii) above.

PROVISION OF EFFICIENT AND COMPETENT STAFF AT WORK SITES BY THE CONTRACTOR / (EMPLOYMENT OF TECHNICAL STAFF BY CONTRACTOR): (Authority: Railway Board’s letter No.2012/CE-I/CT/0/20 Dtd.10.05.2013). Addendum & Corrigendum Slip (ACS) to Indian Railways General Conditions of Contract, Clause 26 to GCC.

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 and proper manner and shall employ only such supervisors, workmen and 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 Engineer 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. Clause 26A to GCC: Deployment of qualified Engineers at work sites by the contractor. (26A.1)The contractor shall also employ Qualified Graduate Engineer or Qualified Diploma Holder Engineer, based on value of contract, as may be prescribed by the Ministry of Railways through separate instructions from time to time. (26A.2) In case the contractor fails to employ the Engineer, as aforesaid in para 26A.1, he shall be liable to pay penalty at the rates, as may be prescribed by the Ministry of Railways through separate instructions from time to time for the default period for the provisions, as contained in para 26A.1. (26A.3) No. of qualified engineers required to be deployed by the contractor for various

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20 activities contained in the works contract shall be specified in the tender documents as “special condition of contract” by the tender inviting authority”. (B) In terms of provisions of new Clause 26A.1 to the General conditions of Contract (GCC), contractor shall also employ following Qualified Engineers during execution of the allotted work :(a)One Qualified Graduate Engineer when cost of work to be executed is Rs 200 lakh and above, and (b)One Qualified Diploma Holder Engineer when cost of work to be executed is more than Rs 25 lakh, but less than Rs 200 lakh. (c) Further, in case the contractor fails to employ the Qualified Engineer, as aforesaid, in terms of provisions of Clause (26A.2) to the General Conditions of Contract, shall be liable to pay an amount of Rs.40,000 and Rs 25,000 for each month or part thereof for the default period for the provisions, as contained in Para 3(a) and 3 (b) above respectively. 27

Method Statement Tenderers have to submit the “Method Statement” clearly elaborating the system of works to be adopted i.e. procedure of executing the various activities indicating the number/type of machinery/equipment/Scaffolding/form works and other resources etc. etc. to be deployed on this work to achieve required progress, sources of materials, procedure of arranging testing of materials / finished products to ensure quality, details of safety measures to be taken while working near running track, in rivers/viaducts or at heights for the safety of Engineers/Workers. Further this should include the site management, security, hygiene & welfare activities, communication, milestones & targets etc. for completing various activities. Tenderer/s must submit the “Method Statement” before commencement of activity & get it approved by the Engineer-in-charge before start of the activity.

28

Equipment & Machinery Tenderer/s should have minimum plant and machinery on this work to achieve the required progress. The list of plant and machinery is to be submitted by the tenderer in prescribed performa . Contractor has to deploy equipment and machinery as per approved planning / programme, BAR CHART matching with the progress of the work.

Notes: i) The minimum number of equipments specified above may also be owned by sub contractors or on lease or on hire agreement which should include a provision to the effect that the equipment will remain at site or be vested in the employer for the period of contract. ii) The tenderer shall provide further details of proposed items of equipment using the relevant form given elsewhere in the tender documents. 29 Planning for Progress 29.1 Tenderer/s should submit the programme for completion of work in the form of Bar Chart within 15 days of issue of L.O.A. Though the completion period of entire work is (As per tender Notice) however individual activities are required to be completed in a phased manner so that work of other contractor’s are not affected adversely. 29.2 10 (ten) days mile stones for all the work, each activity shall to be prepared and submitted by tenderer/s in the beginning of each month and got approved by Engineer in charge. This shall match with the overall completion period for this work as per programme indicated at Sr.No.1. In case of failure of the contractor, to adhere the progress rate, without appropriate reason acceptable to the Railways, the contractor is liable for action in accordance with GCC, which may also include termination as per clause 62 of GCC. 30

Incentive Bonus for early completion of the work – Not Applicable.

31.

Constitution of the firm

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21 31.1 The tenderer/s who are constituents of firm, company, association or society must forward attested copies of the constitution of their concern, partnership deed & 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. 31.2 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. 31.3 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. 31.4 If the contractor’s 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. 31.5 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 Railways shall have no responsibility or liability for any action taken on the strength of the said documents. 31.6 The value of contract and the quantities given in the attached schedule of items, rates and quantities are approximate & are given only as guidance. These are subject to variations / additions & 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. 32.

Form of declaration to be signed by the tenderer before tender negotiation meeting. A tenderer before the negotiation meeting if held, is required to give a declaration as per proforma given below : FORM OF DECLARATION I…….……………………………………………do declare that in the event of failure of the contemplated negotiations relating to tender No…………… opened on ……………………….. my original tender shall remain open for acceptance on its original terms and conditions.

33.

I also declare that I am aware that during this negotiation, I cannot increase the originally quoted rates against any of the individual items and that in the event of my doing so, the same would not be considered at all i.e. reduction in rates during negotiation alone would be considered and for some items if I increase the rates, the same would not be considered and in lieu my originally quoted rates alone would be considered and my offer would be evaluated accordingly. 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

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34

35

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 & to keep the offer open for the specified period, shall be forfeited to the Railway. Tenderer/s should quote his/their single rate for each schedule on the estimated rates of Railways in the web site offer sheet only. Every possible fluctuation, in the rate of labour, material and general commodities, and other possibilities of each and every kind which may affect the rates, should be considered & 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. 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.

36

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

37

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

38

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

39

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.

40

Prospective tenderer/s may contact Dy.Chief Engineer/ Construction, Central Railway, NGP /Executive Engineer/Construction, Central Railway NGP for obtaining further clarifications on Mobile No. 7219612250/7219612254/7219612255, P & T Phone No. 0712-2250122 if required.

41

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.

42. 42.1

Acceptance of tender 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.

42.2

The authority for acceptance of the tenders rests with Chief Engineer (Const)/CAO (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.

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23 42.3

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

42.4

The contractor’s 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.

42.5

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.

42.6

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.

42.7

The tenderer/s shall submit an analysis of rates if called upon to do so for any N.S. item.

42.8

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

43.

The list of Annexures to be uploaded by the tenderer(s) for this tender :43.1

Particulars of Tenderers - Annexure ‘I’

43.2

Details of works of similar nature physically completed- Annexure ‘II’

43.3

Performa of completion certificate

43.4

List of works in hand

43.5

List of personnel/organisation

43.6

List of Plant & Machinery

43.7

Details of contractual payment received –Annexure ‘VII’

43.8

Certificates from Chartered Accountant

43.9

Declaration of site visit

43.10 42.11

-Annexure ‘III’

-Annexure ‘IV’ - Annexure ‘V’ -Annexure ‘VI’ - Annexure ‘VIII’

- Annexure ‘IX’

Electronic Clearing Services (Credit Clearing) form

-Annexure ‘X’

Tenderer’s declaration for not tampering tender document Annexure ‘XI’

Note:-(i) Any false certificate submitted by tenderer shall lead to forfeiture of EMD and further action will be taken. (ii) Conditional tenders are liable to be rejected straightaway. Railway reserves the right to reject such tenders summarily without assigning any reasons whatsoever.

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24 ANNEXURE -‘I’ Particulars of Tenderers 1. Full name of Contractor/ Construction firm 2. Year of establishment of Firm 3. Registered Head Office Address, Telephone no, Fax no, E-mail address.

4. Branch office Address, Telephone no, Fax no, E-mail address

5. Details of Constitution of firm, names of Partners/ Executives/Power of Attorney holders, etc.

6. Particulars of Registration with Government/ Semi-Govt Organization, Public Sector Undertaking & Local Bodies etc.

Signature of Tenderer(s)

Tenderer

For Dy CE(C ) NGP

25 ANNEXURE -‘II’

6

7

8

9

10

Principal feature of the work in brief

5

Date of actual completion

Payment received till opening of present tender (On account/final bill)

4

Time taken for completion of work

Date of award of contract

Final value of contract as completed

3

Original value of contract agreement

Name of organization for whom work physically completed

2

Contract Agreement No. & Date

Name of work

1

Type of organization for whom work executed

SN

Details of works of similar nature physically completed in all respect as per contract agreement in last three and current financial year as on date……………….

11

1.

2.

Note:(i)

Above detail should be given only for works which have been physically completed in all respects. Part completed work shall not be considered. (ii) Certificate from Private individual for whom such works are executed shall not be Considered for eligibility of tenderers. (iii) The tenderers should attach self attested copy of certificate issued by the organizations for whom the work was carried out in the proforma as per Annexure-IV. (iv) Not more than five certificates should be attached. (v) In column 4 type of organization is to be mentioned viz Central/ State Governments/Public Sector Undertaking/Public Funded Institutions/Municipal Bodies/Railways Siding owners/Concessionaire.

Tenderer

For Dy CE(C ) NGP

26 ANNEXURE -‘III’ COMPLETION CERTIFICATE Name of Organization Postal address, Phone No., Email ID, Fax No Letter No. 1. 2. 3. (i) (ii)

Date :-………. Name of work Contract Agreement (C/A) No. and date Name of Firm with address In case of JV……. Name and % share of individual firms. Original value of contract agreement. Date of award of contract Has the work physically been completed in all respect as per contract agreement? If yes, then actual date of physical completion. Total payment made in above contract till the date of Issue of certificate. Value of contract as completed final value if final bill paid

4. 5. 6. 7. 8 9. 10.

In case of composite work: Scope of work covered in the Agreement such as Earthwork, RCC/PSC/Steel/Composite Bridge, ROB/ Flyover, concrete structures

I hereby certify that above mentioned work has been physically completed in all respect as per contract agreement. Performance of the contractor while executing the work had been satisfactory.

(Signature) Name and Designation of officer Mobile No. of officer Seal of officer Note:- (i) (ii) (iii) (iv)

Tenderer

Submission of false certificates by tenderer shall lead to, forfeiture of EMD and other action including penal action (Annexure-II). Copy of certificate duly self attested shall be submitted along with tender document. Payment made as indicated in above certificate (At Sr. No. 9/ Sr. No. 10) will be considered as value of completed work for the purpose of eligibility under Instructions to tenderers and conditions of tender. Above format is for guidance only. Any certificate containing information asked for shall be considered

For Dy CE(C ) NGP

27 ANNEXURE -‘IV’ Sr No

1

Name of Work

2

LIST OF WORKS ON HAND Name of Contract Approx Value of contract Organizati agreement on for No and whom date of executed Award and Contract awarding authority

3

4

Agreeme nt Value

Payment received

5

6

Date Commencement

Aprox Scheduled balance to be received 7 8

Actual

9

Date of Finish Schedule Expected d

Period of completion Scheduled Expected

% age Progress Physic Financial al

Reasons for Delay, if any

Main Remarks feature s of the work

10

12

14

16

17

11

13

15

of

18

Note: (i) Supporting documents/certificates (duly attested) from the organisations with whom worked/are working should be enclosed. (ii) Certificate from private individuals for whom such works are executed/ being executed shall not be accepted. Signature of Tenderer(s)

Tenderer

For Dy CE(C ) NGP

28 ANNEXURE -‘V’ LIST OF PERSONNEL/ORGANISATION AVAILABLE ON HAND AND PROPOSED TO BE ENGAGED FOR THE SUBJECT WORK Sr. No.

Name & Designation

Qualification

Professional Experience

Remarks

Note- Supporting documents should be attached I hereby certify that no retired Engineer/Gazetted Officer of the Railways who has retired within 2 years of date of submission of tender and has not obtained permission of competent authority has been engaged by me/our firm. I also certify that none of my relative is engaged in Engineering Department in Central Railway. Signature of Tenderer(s)

Tenderer

For Dy CE(C ) NGP

29 ANNEXURE -‘VI’ A. LIST OF PLANT & MACHINERY (OWNED) AVAILABLE ON HAND AND PROPOSED TO BE INDUCTED ON THE SUBJECT WORK Sr. Particulars of No. of Kind/Make Capacity Age and Remarks No. equipments units condition

B. LIST OF PLANT & MACHINERY PROPOSED TO BE HIRED FOR THE WORK Sr. No.

Particulars equipments

of No. of units Capacity

Remarks

Signature of Tenderer(s)

Tenderer

For Dy CE(C ) NGP

30 DETAIL OF CONTRACTUAL PAYMENT RECEIVED FINANCIAL YEAR AND CURRENT FINANCIAL YEAR. Name SN

of work 2

Tenderer

Name of employer 3

Detai l of payment 4

IN

ANNEXURE -‘VII’ LAST THREE

For the Total financial year contract amount received 5 6

For Dy CE(C ) NGP

31

ANNEXURE -VIII’ (ON THE LETTER HEAD OF CHARTERED ACCOUNTANT) To Chief Administrative Officer(C), Central Railway, CST Mumbai. Sub:- Contractual receipts of M/s (Name of firm)……………. ……. It is to certify that contractual receipts of M/s (Name of firm)…………….during current financial year and preceding three financial years as extracted from audited balance sheets are as under :Financial year

Sr. No. 1.

Contractual Receipts

Current year ( Say A)

2.

A-1

3.

A-2

4.

A-3

Yours sincerely,

Date : …

( Name & Sign.of authorized Signatory) Seal of firm Registration No:- EMail:Phone :FAX:-

Tenderer

For Dy CE(C ) NGP

32 ANNEXURE -‘IX’ DECLARATION FOR SITE VISIT I/We hereby solemnly declare that I/We visited the sites of work personally and have made myself/ourselves fully conversant of the conditions therein and in particular the following: (i) Topography of the area (ii) Soil strata at site of work (iii) Sources and availability of construction materials (iv) Rates for construction materials, water, electricity including all local taxes, royalties, octroi, etc (v) Availability of local labour (both skilled and unskilled) and relevant labour rates and labour laws (vi) Existing roads, approaches, pathways to site of work (vii) Space for stacking of materials, stores, office etc (viii) Availability and rates of private land, etc required for various purposes (ix) Trees, shrubs, bushes, debris etc required to be removed for site clearance (x) Need of dewatering/pumping etc (xi) Climatic conditions and availability of working days and working hours (xii) Frequency/pattern of rail traffic, electrified tracks, road traffic etc (xiii) Availability of rail/road traffic block (xiv) Law and order situation. (xv) Any other condition, which may affect rates. I/We have quoted my/our rates for various items in the tender schedule taking into account all the above factors likely to be encountered during execution of work. I/We shall not be entitled for any claim against Railway on account of above factors.

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33

ANNEXURE -‘X’ FORMS FORM NO.E-5 Electronic Clearing Service (Credit Clearing) Model Mandate Form (Investor/customer’s option to receive payments through Credit Clearing Mechanism) Name of the scheme and the periodicity of payment No. 1) Investor/customer’s name : 2) Particulars of Bank account : A Name of the Bank : B Name of the branch : Address : Telephone No. : C 9-Digit code number of the bank and branch Appearing on the MICR cheque issued by the bank : D Type of the account (S.B., Current or Cash Credit) With code (10/11/13) E Ledger and Ledger folio number : F Account number (as appearing on the cheque book) (In lieu of the bank certificate to be obtained as under, please attach a blank cancelled cheque or photocopy of a cheque or front page of your savings bank pass book issued by your bank for verification of the above particulars) 3)

Date of effect: I hereby declare that the particulars given above are correct and complete. If the transaction is delayed or not effected at all for reasons of incomplete or incorrect information, I would not hold the user institution responsible. I have read the option invitation letter and agree to discharge the responsibility expected of me as a participant under the scheme. ( _____________________) Signature of the Investor Customer Date Certified that the particulars furnished above are correct as per our records Bank’s Stamp

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34

ANNEXURE -‘XI’

TENDERER’S DECLARATION FOR NOT TAMPERING/ MODIFIED THE TENDER DOCUMENT DECLARATION I/We have uploaded the tender document on website https://www.ireps.gov.in and I/We have not tampered/modified the tender forms in any manner. In case the document is found to be tampered / modified, I/We understand that my/our tender is liable to be rejected and full earnest money deposit will be forfeited and I/we am/are liable to be banned from doing business with Railways and/or prosecuted.

Tenderer

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35

SECTION SPECIAL CONDITIONS & IMP GENERAL CONDITIONS OF CONTRACT

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36 SPECIAL CONDITIONS OF CONTRACT 1.

These special conditions supplement the Regulations and Conditions of Tenders and Contracts (Section A), the General Conditions of Contract and the notes appearing under the relevant chapters and sub-chapters of the Unified Standard Schedule of Rates – 2011 and should be considered a part of the contract document. Where the provisions of these conditions are at variance with the General Conditions of Contract, these special conditions shall prevail. The General Conditions of Contract will mean the General Conditions of Contract as amended and/or corrected from time to time and obtaining at the time of acceptance of the tender and at the time of execution of the agreement mentioned in clause 18 under Regulations and Conditions of Tender. It should be the responsibility of the Contractor before submitting his tender and again before entering into said agreement to ascertain all amendments and or corrections made to the said General Conditions of Contract.

2.

The code Nos., Description and Rates given in the schedule are based on the Standard Schedule of Rates – 2002(P.way) and Unified Standard Schedule of Rates – 2011. Any discrepancy noticed during the execution of the work, in the working rates, quantity of cement etc., will be rectified by reference to the printed schedule which shall be treated as authoritative and binding on the contractor. The relevant notes applicable to the respective Sub-chapters will apply to the items of the tender schedule and should be considered as having been incorporated in the Contract agreement and binding on the contractor.

3.

For any other items not specially shown in the Schedule of Rates appended to the tender document, Executive Engineer will offer rates as shown as per the Central Railway’s Unified Standard Schedule of Rates – 2011 subject to the same percentage adjustment accepted in the contract being applicable to the additional items.

4.

Any foot note/s appearing below the item/s of the contract schedule will take precedence over these Special Conditions. For detailed order of preference refer clause No. 7.1 of Section A.

5.

Any Specifications/conditions stated by the tenderer in the covering letter submitted alongwith his tender shall be deemed to be a part of the contract only to such extent has have been explicitly accepted by the Railway.

6. 6.1

EARNEST MONEY (a) 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 as under: Value of the work Earnest Money Deposit (EMD) For work estimated to cost upto Rs. 1 Crore 2% of the estimated cost of the work. For work estimated to cost more than Rs. 1 Rs. 2 Lakhs plus ½% (Half Percent) of Crore the excess of estimated cost of work beyond Rs. 1 Crore subject maximum of Rs. 1 Crore. The earnest money shall be rounded to the nearest Rs.10. This earnest money shall be applicable to all modes of tendering.

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37

6.2.

(b)

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

(c)

If his tender is accepted this earnest money mentioned in sub clause (a) above will be retained as part security for the due and 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 here before in provided, be returned to them, but the Railway shall not be responsible for any loss or depreciation that may happen thereto while in their possession, nor be liable to pay interest thereon.

(d)

The Earnest Money should be Online transaction receipt.

Earnest Money Deposit : Payment of Earnest Money Deposit (EMD) as per tender notice, in respect of e-tendering, shall be accepted through net banking or payment gateway only and shall be paid in the account of (“Dy FA&CAO (C) / Sr AFA(C) , Central Railway, Nagpur ”). The e-receipt of the transaction shall be uploaded with the tender. Note: for Tender form fees & EMD These instruments i.e. D. D., Banker cheque, Cash receipt & Fixed Deposit Receipt (FDR) will not be accepted as Tender Form Fees & EMD cost for tenders invited on IREPS (e-tender portal) (Ref. Railway Board letter No.2015/CE – I / CT/5/1/ Dtd.31.08.2016). In case the tenderer withdraws his offer within the validity date of his offer or fails to execute the contract after acceptance of his tender, the full Earnest Money shall be forfeited.

7.

SECURITY DEPOSIT

7.1

EARNEST MONEY AND SECURITY DEPOSIT The Earnest Money deposited by the Contractor with his tender will be retained by the Railways as part of security for the due and faithful fulfillment of the contract by the contractor. The balance to make up the security deposit, the rates for which are given below, may be deposited by the Contractor in cash or may be recovered by percentage deduction from the Contractor's "on account" bills. Provided also that in case of defaulting contractor the Railway may retain any amount due for payment to the Contractor on the pending "on account bills" so that the amounts so retained may not exceed 10% of the total value of the contract.

7.2.

Recovery of Security Deposit : Unless otherwise specified in the special conditions, if any, the Security Deposit/Rate of recovery shall be as under:(a)

Security Deposit for each work should be 5% of the contract value.

(b)

The rate of recovery should be at the rate 10% of the on account bill amount till the full security deposit is recovered.

(c)

Security Deposits will be recovered only from the running bills of the contract and no other mode of collecting SD such as SD in the form of instruments like BG (except Note (ii) below); FD etc shall be accepted towards Security Deposit.

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38 (d)

Security Deposit shall be returned to the contractor after expiry of the maintenance period in all the cases other than Note (i) mentioned below and after passing the final bill based on No Claim Certificate with the approval of the Competent Authority. The Competent Authority shall normally be the authority who is competent to sign the contract. If this Competent Authority is of the rank lower than JA Grade, then a JA Grade Officer (Concerned with the work) should issue the certificate. The certificate, inter alia, should mention that the work has been completed in all respects and that all the contractual obligations have been fulfilled by the contractors and that there is no due from the contractor to Railways against the contract concerned. Before releasing the S.D., and unconditional and unequivocal ‘No Claim Certificate’ from the contractor concerned should be obtained. Note- (i) After the work is physically completed, Security Deposit recovered from the running bills of the contract can be returned to him, if he so desires, in lieu of FDR / irrevocable Bank Guarantee for equivalent amount to be submitted by him. (ii) In case of contracts of value of Rs.50 Crore and above, irrevocable Bank Guarantee can also be accepted as a mode of obtaining security deposit.

(e)

8.

No interest will be payable upon Earnest Money and Security Deposit or amounts payable to the contractor under the contract, but Government Securities deposited in terms of SubClause(1) of this clause will be payable with interest accrued thereon.

PERFORMANCE GUARANTEE (P.G.) (Authority: Railway Board’s letter No.2007/CE.I/CT/18/Pt.XII. dated31.12.2010) The procedure for obtaining Performance Guarantee is outlined below :(a)

(b)

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 upto 60 days from the date of issue of LOA may be given by the Authority who is competent to sign the contract agreement. However, a penal interest of 15% per annum shall be charged for the delay beyond 30 (thirty) days, i.e. from 31st day after the date of issue of LOA. 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 :i) A deposit of cash; ii) Irrevocable bank guarantee; iii) Govt. 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 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 Defense Certificates; ix) Ten years Defense Deposits; x) National Defense Bonds; xi) Unit Trust Certificates at 5% below the market value or at the face value

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39 whichever is less; Also, FDR in favour of DY FA&CAO(C) Central Railway, Nagpur (free from any encumbrance) may be accepted. Note :- The instruments as listed above will also be acceptable for Guarantees in case of Mobilization Advance.

9.0 9.1.

(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 PG, 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 PG 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 upto 25%(either increase or decrease). In case during the course of execution, value of the contract increases by more than 25% of the original contract value, an additional Performance Guarantee amount 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 en-cashed. The balance work shall be got done independently without risk and cost of the failed contractor. The failed contractor shall be debarred from participating in the tender for executing the balance work. If the failed contractor is a JV or a Partnership firm, then every member / partner of such a firm shall be debarred from participating in the tender for the balance work in his/her individual capacity or as a partner of any other JV/partnership firm.

(g)

The engineer shall not make a claim under the Performance Guarantee except for amounts to which the President of India is entitled under the contract (Not withstanding and / or without prejudice to any other provisions in the contract agreement) in the event of :i. Failure by the contractor to extend the validity of the Performance Guarantee as described herein above, in which event the Engineer may claim the full amount of the Performance Guarantee. ii. Failure by the contractor to pay President of India any amount due, either as agreed by the contractor or determined under any of the Clauses/Conditions of the agreement, within 30 days of the service of notice to this effect by Engineer. iii. The contract being determined or rescinded under provision of the GCC, the Performance Guarantee shall be forfeited in full and shall be absolutely at the disposal of the President of India.

8.1

The contractor shall ensure that the concerned Banks renews the Deposit Receipts & Guarantee Bonds well in time as and when required.

HIRE OF PLANT & MACHINERY AND OTHER FACILITIES The contractor shall make his own arrangements for all plant and machinery other facilities equipments, tools, including spare parts, fuel and consumable stores, and all labour and other

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40

9.2.

facilities required to ensure efficient methodical execution of the work. The rates quoted and accepted shall be deemed to be inclusive of all charges of such items. On the contractor’s request, the Railway may, however, give on hire plant and machinery/other facilities, equipment and tools, if available spare with the Railway, without any commitment on the part of the Railway to do so, in which case, the hire charges for plant and machinery will be calculated to cover interest, ordinary repairs and maintenance charges at 5%, special repairs and maintenance charges at 10%, depreciation charges as per extant rules of the Railway, and an additional 10% on the total of these four above, on the cost of the Plant and Machinery, which will be present day market value plus freight and other incidental charges increased by 12 ½% supervision charges.

9.3.

Hire charges for items other than plant and machinery, which do not require any form of repair and maintenance shall only take into account interest on capital, depreciation and an additional 10% on these two.

9.4.

The hire charges per day shall be arrived at by dividing the annual hire charges by 250, which shall be assumed to be the number of working days in a year for this purpose only. These hire charges will be payable from the day the plant is handed over to the day it is returned to the Railway administration. If, however, during this period the plant remains out of order for reasons beyond the control of the contractor, or is withdrawn for periodic overhaul or any repairs, such periods shall not be counted for levy of hire charges. The contractor shall enter into a separate agreement in this respect and the terms and conditions as per the agreement will be final and binding on the contractor.

9.5.

In the event of a plant or equipment or facility given on hire to the contractor not being returned to the railway administration in a reasonably good working order considering depreciation that it would have suffered for the period of hire, the Railway shall treat the plant/facility as on sale, as per extant orders of the Railway, from the date it was initially given on hire, withdrawing the hire terms and charges.

9.6.

If, however, the plant and machinery/other facilities, equipments, and tools requisitioned by the contractor are not available in Railway’s stock or the Railway decides not to supply the same for reasons whatsoever, neither the Railway shall be bound to arrange for the supply thereof nor will the Railway’s inability to supply them be accepted as an excuse for delay in the completion of the works/or for any claims thereof.

10 10.1

SUPPLY OF MATERIALS BY RAILWAYS Railway’s materials issued to the contractor if any, will be used by the Contractor for the work in such quantities as are indicated in the schedule or in relevant specifications or drawings or as approved by the Engineers whose, decision thereon shall be final. Wastage of or damage to such materials in any manner shall be totally avoided. If surplus material issued, if any, is not returned in good condition immediately after completion of the work or if any quantity of material supplied by the Railway is consumed in excess or wasted or damaged or lost or not satisfactorily accounted for in that case recovery will be made from the Contractor at twice the market rate or twice book rate at the time of last issue whichever is higher plus 5% freight and 2% incidental charges plus 12 ½% supervision charges on the above cost arrived at for the quantity of material consumed in excess or wasted or damaged, lost or not satisfactorily accounted for.

10.2.

In case it is discovered that the quantity of steel or any other items issued by the Railway as actually used in the work is less than the quantity/quantities specified to be used, the cost of steel and for other such items not so used shall also be recovered from the Contractors on the basis stipulated in sub-para above.

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10.3.

Action under this Clause will be without prejudice to the right of the Railway to take action against the Contractor/s under the conditions of the Contract for not doing/completing the work according to the prescribed specifications and approved drawings.

10.4.

All material left over as `Surplus’ or as `scraps’ out of materials supplied by the Railway, should be returned to the Railway’s Stores at failing which the cost will be recovered, as per the provision of clause 10.1 of the special conditions of Contract.

10.5

Tools, Plant And Materials Supplied By Railway : The Contractor shall take all reasonable care of all tools, plant and materials or other property whether of a like description or not belonging to the Railway and committed to his charge for the purpose of the works and shall be responsible for all damage or loss caused by him, his agents, permitted subcontractor, or his workmen or others while they are in his charge. The Contractors shall sign accountable receipts for tools, plants and materials made over to him by the Engineer and on completion of the works shall hand over the unused balance of the same to the Engineer in good order and repair, fair wear and tear excepted, and shall be responsible for any failure to account for the same or any damage done thereto.

10.6

(a) Contractor To Arrange Supply Of Electric Power For Works : Unless otherwise provided in the contract, the Contractor shall be responsible for arrangements to obtain supply of Electric Power for the works. (b) Electric Supply From The Railway System : The Railway may supply to the Contractor part or whole of the electric power wherever available and possible, required for execution of works from the Railway's existing electric supply systems at or near the site of works on specified terms and conditions and such charges as shall be determined by the Railway and payable by the Contractor provided the cost of arranging necessary connections to the Railway's Electric Supply systems and laying of underground/overhead conductor, circuit protection, electric power meters, transmission structure, shall be borne by the Contractor and that the Contractor shall not be entitled to any compensation for interruption or failure of the Electric supply system.

11

SUPPLY OF MATERIALS BY THE CONTRACTOR/S 11.1 Materials used in the work by the contractor shall conform to the Central Railway Standard Specifications & the relevant B.I.S./I.R.S Specifications, & should be approved by the Engineer before utilizing them on works. 11.2 It should be clearly understood that the tendered rates include wastage and wash away due to rains, storms, floods or any other cause whatsoever. 11.3 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.

12. 12.1.

SUPPLY OF WATER AND ELECTRICITY The contractor shall make his own arrangements for water supply. Wherever it is convenient to the Railway administration, the water from piped supply may be made available to the contractor, provided the contractor shall arrange at his own expenses to effect the connections and lay additional pipe lines and accessories to the site of work and that the contractor shall not be entitled to any compensation for interruption or failure of the water supply. The contractor will have to pay for such water supply or for supply from Railway well or tube wells at a rate of one percent on the amount of all items or work appearing in the bills payable to the contractor in respect of which work such water has been used by the contractor and such charges shall be deducted from sums due or payable by the Railway to the contractor from time to time. Connections to labour camps will not be permitted.

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13

12.2.

The contractor shall make his own arrangements for the operation of mechanical equipment’s required for the execution of work and /or for the purpose of lighting for working during day/night time. Wherever, it is convenient to the Railway Administration, the electric supply may be made available to the contractor provided the contractor shall arrange at his own expense to effect the connection and lay additional wiring, provide meter and other accessories on the site. Such work of laying wiring etc. shall be done under supervision of a qualified staff and a certificate shall be required to be submitted to the effect that the work of wiring has been done as per rules or the work shall have to be got done through Railway Organization and the charges for the same shall have to be borne by the contractor as per extant rules.

12.3.

The contractor shall not be entitled to any compensation for interruption or failure of the electric supply. The contractor will have to pay for such electric supply from Railway at rate agreed to between contractor and Railway Administration and such charge shall be deducted from the sums due or payable by the Railway to the contractor from time to time.

12.4.

Water available locally in wells, creeks or nallahs may be brackish water at some locations. It should be noted that no sea or brackish water shall be used in all classes of masonry, reinforced and mass concrete work. In addition, water used on the above works shall be free from earthy, vegetable or organic matter, oils, acids and alkaline substance in solutions or in suspension and impurities and shall be fit for drinking.

TAXES, ROYALTIES AND PATENT RIGHTS (Authority HQ’s letter No. EW/187/R/Royalty/III Dt.26.10.2010). 13.1 For all the works except work of earthwork for embankment / cutting and supply of ballast All rates quoted in the tender shall be deemed to be inclusive of all taxes, royalties payable by the contractor/s to the Govt. or public body or local authority and no additional amount will be paid or claim entertained on this account by the Railway. Contractor shall not have any claim whatsoever as a result of the increase in the rates for such royalties, taxes, duties or any other forms of levies etc. (Concessional Sales Tax Form and Octroi Exemption Certificate will be issued to Contractor on his specific request, if legally permissible). 13.2 For works of earth work for embankment / cutting and/or supply of ballast a)

All the rates quoted in the tender shall deemed to be inclusive of all royalties, taxes, duties, octroi or any form of levies etc. payable by the contractor/s to the Govt. or public body or local authority as applicable.

The rate of royalty considered in the rates of tender schedule are as per rates circulated by the Govt. of Maharashtra vide Govt. Resolution dated 11.5.2015 Which is Rs. 400.00 per brass. Claim towards such royalty should be unfailingly accompanied by proof of payment and rate thereof. In the absence of these, royalty payment will not be released. b)

However, in case of any subsequent increase in the rates of royalties, the increased amount will be reimbursed to the contractor only on production of documentary proof of payment of royalty at such increased rates along with State Govt.’s order.

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c)

Similarly in case of decrease in the rate of royalty charges or its waival, payment of royalty will be regulated by such reduced rate and recovery shall be affected accordingly.

d) Reimbursement/recovery, if required, shall be worked out separately and submitted along with claims for on-account payments. e)

In case of all other taxes, duties, octroi , (GST if applicable ) or any form of levies etc. no additional amount will be paid or claim entertained on this account by the Railway. Contractor shall not have any claim whatsoever as a result of the increase in the rates for such, taxes, duties or any other form of levies etc.

f)

The amount of reimbursement or recovery, as the case may be, as per revised rate of royalty shall be applicable only for the quantity of work executed by the contractor after the Government Resolution for revision of rate of royalty has come into effect.

g)

The reimbursement/recoveries as per the revised rate of royalty shall be effective only for the original completion period of the work. However, the amount as per revised rate of royalty is payable/recoverable during the extended period of the contract, provided the PVC was part of the original contract & the extension has been granted on administrative ground i.e. under Clause 17-A (i), (ii) or (iii) of GCC. Where extensions of time has been granted due to contractor’s failure under Clause 17 (B) of the General Conditions of Contract, the reimbursement due to change in rate of royalty shall not be payable for such extended periods, however decrease in the rate of royalty or its waival, the difference in the amount will be recovered from the payment of the contractor for such extended periods under Clause 17 (B) of GCC.

13.3

The contractor shall defray the cost of all royalties, fees and other payments in respect of patents, Patent rights and licenses which may be payable to patented licensee or other person or corporation and shall obtain all necessary licenses. In case of any breach (whether willfully or inadvertently) by the contractor of this provision, the contractor shall indemnify the Railway and its officers, servants, representatives against all claims, proceedings, damages, cost charges, loss and liability which they or any of them may sustain incur or be put to by reason or inconsequence of, directly or indirectly, any such breach and against payment of any royalties, damages or other moneys which the Railway may have to make to any person or paid in total to the patent rights in respect of the users of any machine, instructions, process, articles, matters or thing constructed, manufactured, supplied or delivered by the contractor to his order under this contract.

13.4

Form for availing concessional sales tax for supply to Government Deptt. will be issued for supply contracts only on request of contractor if legally permissible

14. 14.1

PAYMENT OF ROYALTY CHARGES : All payment of royalty charges etc. to the State Government in connection with extraction and supply of rubble/stone ballast/sand, from other than Railway land acquired by Railways under Land Acquisition Act-1985, have to be borne and paid by the contractor. The Railways in consultation with the respective State Governments will confirm percentage of Royalty Charges to be recovered for supply of minor minerals. The Railway Administration is entitled to deduct from the contractors and keep in deposit such amount

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44 equal to the proportionate Royalty Charges from each on account bills and the same will be released as and when the contractor submits a receipt/documents/ clearance certificate certifying that Royalty Charges have been paid by the Contractors, relating to the contract. The contractor will be required to obtain a final Royalty clearance certificate from the concerned State/Revenue Authorities/Collector and produce the same to CE(C) / Dy.CE(C) /XEN(C) after completion of supply but before the release of final bill. If in any case the contractor fails to produce the clearance certificate for Royalty Charges, final bills will be passed after retaining an amount equal to the amount of unpaid Royalty charges, as intimated by the Revenue Authorities/Collector or as calculated on the basis of relevant Rates, for payment of Royalty Charges applicable to the area. No claim regarding interest charges for delay in payment of the retained amount on Royalty account shall be entertained. The retained amount will be released, at the discretion of the administration, on production of clear Bank Guarantee covering the amount so withheld towards Royalty Charges/State taxes. All the taxes, duties, octroi , (GST if applicable ) or any form of levies etc will be borne by contractor. No additional amount will be paid or claim entertained on this account by the Railway. Contractor shall not have any claim whatsoever as a result of the increase in the rates for such, taxes, duties or any other form of levies etc. 15. LEGAL CHARGES A fee of Rs. 400/- per legal document like partnership deed or power of attorney executed before or after the execution of the contract will be recovered from the contractor for obtaining legal Advice in the Law Officer. 16. EMPLOYMENT OF STAFF Should a tenderer be a retired engineer of the Gazetted rank or any other Gazetted officer working before his retirement, whether in the executive or administrative capacity or whether holding a pensionable post or not, in the Engineering or any other department of any of the railways owned and administered by the President of India for the time being, or should a tenderer being partnership firm have as one of its partners a retired engineer or retired Gazetted Officer as aforesaid, or should a tenderer being an incorporated company have any such retired engineer or retired officer as one of its Directors or should a tenderer have in his employment any retired Engineer or retired Gazetted Officer as aforesaid, the full information as to the date of retirement of such Engineer or Gazetted Officer from the said service and in case where such Engineer or Officer had not retired from Government service at least 1 years prior to the date of submission of the tender as to whether permission for taking such contract, or if the contractor be a partnership firm or an incorporated company, to become a partner or Director as the case may be, or to take the employment under the contractor, has been obtained by the tenderer or the Engineer or Officer, as the case may be from the President of India or any officer, duly authorized by him in this behalf, shall be clearly stated in writing at the time of submitting the tender. Tenders without the information above referred to or a statement to the effect that no such retired Engineer or retired Gazetted Officer is so associated with the tenderer, as the case may be, shall be rejected. 17. VARIATION IN CONTRACT QUANTITIES (Authority: Item No.9 to Railway Board’s letter No.2007/CE-I/CT/18 dated 28.9.2007 and Item No.2 to letter No.2007/CE-I/CT/18 Pt.XII dated 31.12.2010 & Railway Board’s letter No.2007/CEI/CT/18/Pt XII dt.15.12.11) & New clause 42 (4) of General condition of contract July 2014. The procedure detailed below shall be adopted for dealing with variation quantities during the execution of work contracts.

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45 1). Individual NS items in contracts shall be operated with variation of plus or minus 25% and payment would be made as per the agreement rate. For this, no finance concurrence would be required. 2). In case of increase in quantity of an individual item by more than 25% of the agreement quantity is considered as 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 condition:

(a)

Operation of an item by more than 125% of the agreement quantity needs the approval of an officer of the rank not less than S.A Grade; (i) Quantities operated in excess of 125% but upto 140% of the agreement quantity of the concerned item, shall be paid at 98% of the rate awarded for that item in that particular tender; (ii)Quantities operated in excess of 140% but upto 150% of the agreement quantity of the concerned item, shall be paid at 96% of the rate awarded for that item in that particular tender. (iii) Variation in quantities of individual items beyond 150% will be prohibited and would be permitted only in exceptional unavoidable circumstances with the concurrence of associate finance and shall be paid at 96% of the rate awarded for that item in that particular tender.

(b)

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

(c)

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

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

(a)

The contract signing authority can decrease the items upto 25% of individual item without finance concurrence.

(b)

For decrease beyond 25% of 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

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46 individual item rate). 7). For the tenders accepted at the Zonal Railways level, variations in the quantities will be approved by the authority in whose powers revised value of the agreement lies. 8). For tenders accepted by General Manager, variations upto 125% of the original agreement value may be accepted by General Manager. 9). For tenders accepted by Board Members and Railway Ministers, variations upto 110% of the original agreement value may be accepted by General Manager. 10). The aspect of vitiation of tender with respect to variation in quantities should be checked and avoided. In case of vitiation of the tender (both for increase as well as decrease of value of contract agreement), sanction of the competent authority as per single tender should be obtained. 11).(Authority : Railway Board vide letter No. 2007/CE-I/CT/18/Pt. XII dated 15.12.2011), The provision contained in the referred clause 42 (2) (ii) of GCC relating to variation in case of earthwork – “In case of earthwork, the variation limit of 25% shall apply to the gross quantity of earthwork and variation in the quantities of individual classifications of soil shall not be subject to this limit”.

18.

UNFORESEEN ITEM OF WORK If in the course of work, any unforeseen item of work not already covered by the Schedule of items in schedule are required to be done, the rate for the same shall be fixed by mutual agreement based on similar, of corresponding of combination of items of work available in the said schedule or will be derived from the various items provided in the Central Railway’s Unified Standard Schedule of Rates – 2011 as the case may be depending on the nature and specification of the work involved or by any other procedure mutually agreed upon. In the event of deriving the rate from the Central Railway’s Unified Standard Schedule of Rates – 2011, the rate so derived will be subject to the percentage increase/decrease as per the miscellaneous item specifically provided for in the schedule. If, however, the work is entirely of different nature, the rates to be paid shall be fixed through work study/Rate analysis for a representative portion of work when a reasonable rate of progress has been established for (i) direct material (ii) direct labour (iii) hire charges for major plants & machineries (iv) supervision charges @ 5% on sum of (i) to (iii) (v) Contingencies 1% on sum of (i) to (iv), (vi) Work Contract Tax 2% on sum of (i) to (v). The rate thus arrived at, will be enhanced by 10% to cover the contractor’s profit.

19.

STORAGE OF INFLAMMABLE ARTICLES No inflammable materials, such as petroleum oil etc. within the meaning of the Indian Petroleum Act and Indian Explosive Act shall be stored at site or adjacent land until the approval of the Railway and necessary license under the Act has been obtained by the Contractor. All due precautions required under the Acts shall be taken by the contractor.

20.

ANTI-LARVAL WORKS The contractor shall at his cost carry out all anti-larval works as per the Bye-law of the local authorities concerned or as may be directed by the Engineer during the execution of the work/s under this contract. If the contractor/s fails to carry out such work/s the Railway may carry out the same and recover the cost thereof from the contractor in the same way, as other Railway amounts are recoverable.

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47 21.

LAND, SERVICE ROADS, APPROACHES i) The Contractor has to provide a Site office (approx. 20m2 area) with basic amenities to Railway staff for controlling day-to-day activities along with toilets, urinals, water/electric connections, etc. at each work site. ii) The rates for all items of the schedule shall be inclusive of the cost of all arrangements for crossing obstructions to be crossed in the course of the work over land or across water and the cost of providing and maintenance of approach and/or service roads that may be necessary for bringing and removing the plants, machinery and material to and from the site of work including rent for use and /or compensation for damage if any to intervening private land reversed by such approach/service roads, and including cost of acquisition of land, if required for the purpose. The contractor will be permitted to make use of available service roads of the Railways free of cost. Railway reserves the right to make use of the contractor service road without paying any charges to him. iii) After completion of the work, the Contractor shall clear all the land under his temporary occupancy to useable condition without any cost to CENTRAL RAILWAY and hand over to the concerned parties before the completion of Maintenance period.

22.

EMERGENCY WORK 22.1 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. 22.2

22.3

22.4

22.5

In terms of clause 32 of GCC, 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 calamities 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. Senior Engineer / Executive Engineer/Dy. Chief Engineer etc. shall be final and beyond the ambit of arbitration clause. 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. 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. 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 Engineer’s 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

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48

22.6

22.7

claimed. The CAO(C)’s decision after hearing both the parties in the matter would be final and binding on the contractor. In case Railway withdraw / drafts / takes possession of contractor’s vehicle / equipment, a log book will be maintained by Railway’s representative & it will be jointly signed by Railway’s authorized representative & contractor’s driver of vehicle / operator of equipment. Payment will be made accordingly on agreed rates. The contractor shall provide following information about the vehicle / equipment available with them at the time of entering into contract. S.N.

Particulars of vehicle/equipment

No. of kind / make unit

Capacity

Age & condition

Present location

Remarks

23.

NIGHT WORK The provision in clause 23 of General conditions of contract should be noted regarding execution of work between sunrise and sunset. If the Railway, is however, satisfied that the work is not likely to be completed in time except by resorting to night work, by special order, the contractor would be required to carry out the work even at night without conferring any right on the contractor for claiming for extra payment for introducing night working. The decision of the engineer in this regard will be final and binding on the contractor.

24.

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

25.

PERMIT OR PARWANA The contractor will at his own expense obtain such permits or parwana from whomsoever necessary for carrying out work or for any other purpose as may be necessary to enable him to perform his part of the contract. The Railway Admn. will not under any circumstances be liable to obtain any permit or parwana whatsoever, for the contractor.

26.

NOTICE TO PUBLIC BODIES The contractor shall give to the Municipality, Police and other authorities all notices that may be required by the law and obtain all requisite licenses for temporary obstructions, enclosures and pay all fees, taxes and charges which may be leviable on account of his own operation in execution the contract. He should make good any damage to adjoining premise whether public or private and provide and maintain any light etc. required in night.

27.

FIGURES, DIMENSIONS 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.

28.

CARE OF STAFF No quarters will be provided by the Railway for accommodation of the contractor or any of his staff employed on the work. The contractor may be allowed to erect any labour camps for housing the labour at or near the site work on available Railway land but it will be binding on them to remove the temporary hutments, jungles etc. from Railway land before payment of final bill. The contractor

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49 shall at his own cost make all necessary and adequate arrangements for importation, feeding and preservation of the hygiene of his staff. The contractor shall permit inspection at all times, of all sanitary arrangements made by him, by the engineer or his assistant or the Medical staff of the Railway. If the contractor fails to make adequate medical and sanitary arrangements these will be provided by the railway and the cost thereof, will be recovered from the contractor. 29.

FIRST-AID The Contractor shall provide medical facilities at the site as may be prescribed by the Engineer on the advice of the Railway Medical Authority in relation to the strength of the Contractor's resident staff and workmen. The contractor shall maintain in a readily accessible place first aid appliance including an adequate supply of sterilised dressing and sterilised cotton wool. The appliance shall be placed under the charge of responsible person who shall be available during working hours.

30.

DAMAGE FROM ACCIDENTS, FLOODS OR TIDES i) The contractor shall take all precautions against damage from accidents, floods or tide. No compensation will be allowed to the contractor for his tools, plants, materials machines and other equipment lost or damaged by any cause whatsoever. The contractor shall be liable to make good the damages to any structure or part of a structure, plant or material of every description belonging to the Railway administration, lost or damaged by any cause during the course of contractor’s work. ii) The Railway Administration will not be liable to pay to the contractor any charges for rectification or repairs to any damage, which may have occurred from any cause whatsoever, to any part of the new structures during construction. No claims in this regard will be arbitrable.

31.

SITE INSPECTION BY ENGINEER OR HIS REPRESENTATIVE 31.1 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. 31.2

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.

31.3

The contractor shall have to make & 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.

31.4

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 (if applicable) will be maintained at site, by the contractor and signed by Railway’s representative.

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50

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.

Technical Register – All technical details as per approved drawings shall be maintained in this register for all activities.

iii.

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

iv.

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

v.

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

vi.

Daily progress register- which shall indicate daily progress of work done by the contractor shall be got signed at least once in three days Engineer in token of acceptance. The format of the Register will be advised by the Engineer.

vii.

Hindrance Register :- Which shall indicate the obstacles caused due to any reasons such as monsoon, shortage of labours, failure of machinery, natural calamities, strike, shortage of material etc. Any other register considered necessary by the Engineer shall be maintained at site in which the representative to the Engineer & the Contractor/s or his their authorised representative will have to sign. The registers, programs, charts etc. will be the property of the Railway.

31.5

32.

Facilities For Inspection : The Contractor shall afford the Engineer and the Engineer's Representative every facility for entering in and upon every portion of the work at all hours for the purpose of inspection or otherwise and shall provide all labour, materials, planks, ladders, pumps, appliances and things of every kind required for the purpose and the Engineer and the Engineer's Representative shall at all times have free access to every part of the works and to all places at which materials for the works are stored or being prepared.

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 & 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 with the contract. The excess expenditure in such examination, inspection or test shall, upon the certificate of the engineer, be borne by the Railways.

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51 33.

GENERAL 33.1 PROVISION OF LIGHT SIGNALS ETC. : The contractor/s shall make such provision for lighting the works, materials and plant and provide all such marks and lights, signals & other appliances as may be necessary or as may be required by the Engineer or other responsible authorities during the execution completion and maintenance of the work and shall provide all labour, stores, etc. required for their efficient working and use at any time of day or night. He/They shall also provide all arrangement of every description of watching & maintenance required in connection with the foregoing & all other services for protection of any securing all dangerous places whether to the contractor's workmen or to other persons & or vehicular traffic until the work is certified by the engineer to have been completed & taken over in accordance with the contract. 33.2

The contractor/s will provide upon the works to the satisfaction of the Engineer and at such, places as he may nominate, proper and sufficient life saving, fire fighting and first aid appliances which shall at all times be available for use.

33.3

LABOUR CAMPS : Land for setting up a workshop by the contractor or for his labour camp or for any other purpose, shall have to be arranged by the contractor at his own cost and under his own arrangements. The contractor, however, will be permitted to make use of the railway land to the extent that can be made available to him free of cost, by the railway in the vicinity of the site of works. The contractor/s shall at all times be responsible for any damage or trespass committed by his agent and workmen for carrying out the work.

33.4

The Railway Administration may recommend to the concerned authorities the issue of necessary transport permits for the work. The contractor shall, however, furnish full justification for the above facilities, to enable the Railway Administration to address the State Government or other authorities in this connection. The contractor shall also maintain regular log book of receipts and issue of the materials to work, if so required by the Civil Authorities. No claim would, however, be entertained by the non-issue of any priority permits or owing to any interruption in supply.

33.5

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.

33.6

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

33.7

Employment of Staff: The contract is liable for cancellation if either the contractor himself or any of his employee is found to be a person of Gazetted rank of Engineering Department which includes Civil, Mechanical, Electrical, Signal & Telecommunication Departments of Railways whether pensionable or non-pensionable who after retirement has sought engagement as contractor for or in connection with the execution of public works whether on Railway, PWD or Defense Forces or as an employee of such contractor within 2 years of his retirement without obtaining the permission of the President of India before taking up such engagement or employment.

33.8

SUPPLY AND USE OF WATER

(a) The contractor shall make his own arrangements for water supply. Wherever it is convenient to the Railway Administration, the water from piped supply may be made available to the contractor, provided the contractor shall arrange at his own expense to

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52 effect the connections and lay additional pipelines and accessories to the site of work and that the contractor shall not be entitled to any compensation for interruption or failure of the water supply. The contractor will have to pay for such water supply or for supply from Railway well or tube wells at a rate of one per cent on the amount of all items or work appearing in the bills payable to the contractor in respect of which work such water has been used by the contractor and such charges shall be deducted from sums due or payable by the Railway to the contractor from time to time. Water Connections to labour camps will not be permitted. Contractor has to make his own arrangement for water supply to the labour camps.

(b) Water available locally in wells, creeks or nallahs may be brackish water at some locations.

It should be noted that no sea or brackish water shall be used in all classes of masonry, reinforced, mass concrete work and curing. In addition, water used for the above works shall be free from earthy, vegetable or organic matter, oils, acids and alkaline substance in solutions or in suspension and impurities and shall be fit for drinking.

33.9 SUPPLY OF ELECTRICITY (a) The contractor shall make his own arrangements for the operation of mechanical equipments required for the execution of work and/or for the purpose of lighting for working during day/night time. Wherever, it is convenient to the Railway Administration, the electric supply may be made available to the contractor provided the contractor shall arrange at his own expense to effect the connections and lay additional wiring, provide meter and other accessories on the site. Such work of laying wiring etc. shall be done under supervision of a qualified staff and a certificate shall be required to be submitted to the effect that the work of wiring has been done as per rules or the work shall have to be got done through Railway Organisation and the charges for the same shall have to be borne by the contractor as per extant rules. (b) The contractor shall not be entitled to any compensation for interruption or failure of the electric supply. The contractor will have to pay for such electric supply from Railway at a rate agreed to between Contractor and Railway Administration and such charges shall be deducted from the sums due or payable by the Railway to the contractor from time to time. 33.10 NOTICE TO THE PUBLIC BODIES : The contractor shall give to the Municipality, Police and other Authorities all notices that may be required by the law and obtain all requisite licenses for temporary obstructions, enclosures and pay all fees, taxes and charges which may be leviable on account of his own operation in executing the contract. He should make good any damage to adjoining premises whether public or private and provide and maintain any light etc. required in night. 33.11

SERVICE ROADS a. 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

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53 work. Similarly, any other feeder road 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.

b. 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. 34.

TRESPASS The contractor shall at all times be responsible for any damage or trespass committed by his agents and workmen in carrying out the work, unless such trespass is authorised by the Engineer.

35.

Provisions Of Payments Of Wages Act : The Contractor shall comply with the provisions of the Payment of Wages Act, 1936 and the rules made thereunder in respect of all employees employed by him either directly or through petty contractors or sub-contractors in the works. If in compliance with the terms of the contract, the Contractor directly or through petty contractors or sub-contractors shall supply any labour to be used wholly or partly under the direct orders and control of the Engineer whether in connection with the works to be executed hereunder or otherwise for the purpose of the Engineer, such labour shall never the less be deemed to comprise persons employed by the contractor and any moneys which may be ordered to be paid by the Engineer shall be deemed to be moneys payable by the Engineer on behalf of the Contractor and the Engineer may on failure of the Contractor to repay such money to the Railways deduct the same from any moneys due to the Contractor in terms of the contract. The Railway shall be entitled to deduct from any moneys due to the contractor (whether under this contract or any other contract) all moneys paid or payable by the Railway by way of compensation of aforesaid or for costs of expenses in connection with any claim thereto and the decision of the Engineer upon any question arising out of the effect or force of this Clause shall be final and binding upon the Contractor.

36.

Provisions of Contract Labour (Regulation And Abolition) Act, 1970: As per clause No. 55-A of General conditions of contract, following conditions will be applicable:(1) The Contractor shall comply with the provision of the contract labour (Regulation and Abolition) Act, 1970 and the Contract labour (Regulation and Abolition) Central Rules 1971as modified from time to time, wherever applicable and shall also indemnify the Railway from and against any claims under the aforesaid Act and the Rules. (2) The Contractor shall obtain a valid license under the aforesaid Act as modified from time to time before the commencement of the work and continue to have a valid license until the completion of the work. Any failure to fulfill the requirement shall attract the penal provision of the Contract arising out of the resultant non-execution of the work. (3) The Contractor shall pay to the labour employed by him directly or through subcontractors the wages as per provision of the aforesaid Act and the Rules wherever applicable. The Contractor shall notwithstanding the provisions of the contract to the contrary, cause to be paid the wages to labour indirectly engaged on the works including any engaged by sub-contractors in connection with the said work, as if the labour had been immediately employed by him. (4) In respect of all labour directly or indirectly employed in the work for performance of the contractor's part of the contract, the Contractor shall comply with or cause to be complied with the provisions of the aforesaid Act and Rules wherever applicable.

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54

(5) In every case in which, by virtue of the provisions of the aforesaid Act or the Rules, the Railway is obliged to pay any amount of wages to a workman employed by the Contractor or his subcontractor in execution of the work or to incur any expenditure on account of the Contingent, liability of the Railway due to the contractor's failure to fulfill his statutory obligations under the aforesaid Act or the rules, the Railway will recover from the Contractor, the amount of wages so paid or the amount of expenditure so incurred and without prejudice to the rights of the Railway under the Section 20, Sub-Section (2) and Section 2, Sub-Section (4) of the aforesaid Act, the Railway shall be at liberty to recover such amount or part thereof by deducting it from the Security Deposit and/or from any sum due by the Railway to the contractor whether under the contract or otherwise. The Railway shall not be bound to contest any claim made against it under Sub-Section (1) of Section 20 and Sub-Section (4) of Section 21 of the aforesaid Act except on the written request of the Contractor and upon his giving to the Railway full security for all costs for which the Railway might become liable in contesting such claim. The decision of the Railway regarding the amount actually recoverable from the contractor as stated above shall be final and binding on the Contractor. 37.

If the Contractor is a co-operative labour contractor, or Society/Vendor Co-operative Society, there shall be no element of contractor or ex-contractors in that Society in any capacity nor shall there be any close relative of the Contractor or ex-contractor associating with the Society as an office bearer. The Railway administration reserve the right to terminate the contract of the Society at any time without any reason after giving notice of one calendar month, in case of breach of the above clause.

38. 38.1

BLASTING In the procurement, transport, storage, issue and use of explosives, the contractor shall abide by the specification and provisions incorporated in the IS Specification No.4801-1967 and IS Specification No. 4756-1968 as amended from time to time. He shall also abide by all the rules and regulations provided in the Indian Explosives Act 1884 amended from time to time and such other Acts and rules as may be enacted and laid from time to time by the Government for such works. Prior to carrying out any blasting the contractor shall obtain the concurrence of the engineers and shall be at all times bound to carry out his instructions regarding provision of blanketing, the type, number, size and placing and firing of charges. Where the blasting has to be carried out close to running line, the engineer may restrict the sizes and number of shots to be fired at a time so that adjoining tracks and works are not adversely affected and so that the rock beyond the desired profile of the cutting etc. is not cracked or disturbed. Blasting in close proximity to track structures and power lines will be carried out only under traffic power blocks. For works near telephone or telegraph wires, the contractor must advise the engineer in good time, so that he can satisfy himself that safe working methods are being adopted. The contractor will only fire charges at the time notified to him by the engineer and will observe all precautions considered necessary as ordered by the engineer. The contractor will have no claim for damages or loss due to any delay established or claimed to have occurred to the progress of any part of the work as a result of obeying such instruction of the engineer or taking such safety precautions as to the engineer may order to be taken from time to time. The traffic and power blocks required for carrying out the blasting will be settled in advance and the contractor will be advised of the availability of blocks at least 6 hours in advance. If however, the block could not be made available due to any reason whatsoever, the contractor will have no claim for any loss.

38.2.

38.3.

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55 39.

PAYMENT THROUGH ECS / EFT a. Tenderer should give consent in a mandate form for receipt of payment through ECS/EFT. b. Tenderer to provide the details of bank A/c in line with RBI guidelines for the same. These details will include bank name, Brach name and address, Account type, Bank A/c No. and bank & Branch Code as appearing on MICR cheque issued by bank. c. Tenderers to attach certificate from their bank certifying the correctness of all above mentioned information (as mentioned in Para (b) above.) d. In case of nonpayment through ECS/EFT or where ECS/EFT facility is not available, payment will be released through cheques.

40. 40.1

RATES FINAL AND BINDING EXCEPT FOR EXCALATION FORMULA Save as otherwise expressly specified elsewhere in this tender document, the rates to be quoted by the Tenderer against the description of items under Schedule (All parts) shall include the cost of :(i) All preliminary incidental and temporary works to carry out & complete the work in all respects. (ii) All labour, material, tools, plants, equipments, transport, handling, construction of services road, walkways, jetties, slipways, etc., required in connection with the main item of work and also the auxiliary and incidental works. (iii) All investigations, testing & all other items of work required to comply with the special conditions, specifications & other tender documents mentioned in para 7 of Section ‘A’. (iv) Operating all necessary facilities required for departmental inspections and visits to be carried out by Railway Officials. (v) All the elements of Sales Tax, Central & local taxes and any other taxes, levies, octroi as per the extant rules. (vi) Items required to be carried out as mentioned in tender document and any other items required to be carried out to complete the work.

(vii) The rates quoted by the Tenderer and accepted by Central Railway, Mumbai shall hold good till the completion of the work. No claims based on the fluctuation of prices, taxes, etc. shall be admissible, except as per escalation clause mentioned in the tender document. (viii)No payment for items other than those stipulated in Schedule (all parts) will be entertained unless this are specifically brought out as a separate item agreed between Railway and the Contractor. (ix) 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. 40.2

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.

40.3

The rates for any item of work not included in the (Schedule of Items, Rates and Quantities) & 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

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56 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. 40.4

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.

40.5

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.

40.6

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.

40.7

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.

40.8

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.

40.9

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.

40.10

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.

40.11 All payments in respect of the contract during the currency of the contract shall be made through Electronic Clearing System (ECS) / Electronic Funds Transfer (EFT). The successful tenderer on award of contract must submit ECS/EFT/RTGS Mandate Form complete in all respects as detailed at Annexure-J of the tender document. However, if the facility of ECS/EFT/RTGS 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 contractor’s 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. 40.12

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 2011. The rates for such non-scheduled items occurring during the course of construction shall be payable subject to the approval of the competent authority.

40.13

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 2011 will be subject to percentage above or below tendered by the contractor.

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57 41.

MAINTENANCE PERIOD The work shall be maintained after completion for a period of 12 months by the contractor and he shall make good any defects, imperfection, shrinkages or faults which may appear, at his own cost.

42.

PRICE VARIATION CLAUSE: (Circulated as per Railway Board’s letter No.2007/CE-I/CT/18/Pt.19 Dtd.14.12.2012 & circulated vide HQ’s letter No.187/R/465/1/Vo. II Dtd.24.01.2013 & 2017/CE-I/CT/4/GST dated 5.7.2017). Price variation clause (PVC) shall be applicable only for contracts of value (Contract Agreement Value) Rs. 50 lakh and more, irrespective of the contract completion period.

A.1

Applicability: Price Variation Clause (PVC) shall be applicable only for contracts of value as prescribed by the Ministry of Railways through instructions / circulars issued from time to time and irrespective of the contract completion period. Variation in quantities shall not be taken into account for applicability of PVC in the contract. Materials supplied free of cost by Railway to the contractors shall fall outside the purview of Price Variation Clause. If, in any case, accepted offer includes some specific payment to be made to consultants or some materials supplied by Railway free or at fixed rate, such payments shall be excluded from the gross value of the work for the purpose of payment / recovery of price variation.

A.2

A.3

A.4 A.5

A.6

Base Month: The Base Month for ‘Price Variation Clause’ shall be taken as month of opening of tender including extensions, if any, unless otherwise stated elsewhere. The quarter for applicability of PVC shall commence from the month following the month of opening of tender. The Price Variation shall be based on the average Price Index of the quarter under consideration. Validity: Rates accepted by Railway Administration shall hold good till the completion of the work and no additional or 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. Adjustment for variation in price of material, labour, fuel explosives, detonators, steel, concreting, ferrous, non – ferrous, insulators, zinc and cement shall be determined in the manner prescribed. Components of various items in a contract on which variation in prices be admissible, shall be Material, Labour, Fuel, Explosives, Detonators, Steel, Cement & Lime, Concreting, Ferrous, Non ferrous, Insulator, Zinc, Erection etc. However, for fixed components, no price variation shall be admissible. The percentages of labour component, material component, fuel component etc. in various types of Engineering Works shall be as under: Component Percentage (A) Earthwork Contracts: Labour Component 50% Fuel Component 20% Other Material Components 15% Fixed Component * 15% (B)

Ballast and Quarry Products Contracts: Labour Component Fuel Component Other Material Components

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55% 15% 15%

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58 Fixed Component *

15%

(C) Tunneling Contracts: Labour Component Fuel Component Explosive Component Detonators Component Other Material Component Fixed Component *

45% 15% 15% 5% 5% 15%

(D) Other Works Contracts: Labour Component Material Component Fuel Component Fixed Component * * It shall not be considered for any price variation. A.7

30% 40% 15% 15%

Formulae: The Amount of variation in prices in several components (labour material etc) shall be worked out by the following formulae: (i) (ii) (iii) (iv) (v) (vi) (vii)

W x (Lq – Lb) Lc L = ------------------ x -------Lb 100 W x (Mq – Mb) Mc M = ------------------ x -------Mb 100 W x (Fq – Fb) Fc F = ------------------ x -------Fb 100 W x (Eq – Eb) Ec E = ------------------ x -------Eb 100 W x (Dq – Db) Dc D = ------------------ x -------Db 100 S = Sw x ( Sq – Sb) C = Cv x (Cq – Cb ) / Cb

For Railway Electrification Works: (viii) T = [(Cs – Co) / Co x 0.4136] x Tc (ix) R = [(Rt – Ro) / Ro + (Zt – Zo)/ Zo x 0.06] x Rc (x) N = [(Pt – Po / Po)] x Nc (xi) Z = [(Zt – Zo)/ Zo] x Zc (xii) I = [ (It – Io) / It] x 85 Where, L M F E

Amount of price variation in Labour. Amount of price variation in Materials. Amount of price variation in Fuel. Amount of price variation in Explosives.

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59 D S C T R N Z I Lc Mc Fc Ec Dc Tc Rc Nc Zc W

Lb Lq Mb Mq Fb Fq Eb Eq Db Dq Sw

Amount of price variation in Detonators. Amount of price variation in Steel. Amount of price variation in Cement. Amount of price variation in Concreting. Amount of price variation in Ferrous Items. Amount of price variation in Non-Ferrous Items. Amount of price variation in Zinc. Amount in price variation in Insulator. % of Labour Component. % of Material Component. % of Fuel Component. % of Explosive Component. % of Detonators Component. % of Concreting Component. % of Ferrous Component. % of Non Ferrous Component. % of Zinc Component. Gross value of work done by contractor as per on-account bill(s), excluding cost of materials supplied by Railway at fixed price, minus the price values of cement and steel. This will also exclude specific payment, if any, to be made to the consultants engaged by contractors (such payment shall be indicated in the contractor’s offer). Consumer Price Index Number for Industrial Workers - All India : Published in R.B.I. Bulletin for the base period. Consumer Price Index Number for Industrial Workers - All India : Published in R.B.I. Bulletin for the average price index of the 3 months of the quarter under consideration. Index Number of Wholesale Prices – By Groups and Sub-Groups : All commodities – as published in the R.B.I. Bulletin for the base period. 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. 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. 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. Cost of explosives, as fixed by DGS&D in the relevant rate contract of the firm from whom purchases of explosives are made by the contractor for the base period. 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. Cost of detonators, as fixed by DGS&D in the relevant rate contract of the firm from whom purchases of detonators are made by the contractor for the base period. Cost of detonators, as fixed by DGS&D in the relevant rate contract of the firm from whom purchases of detonators are made by the contractor for the average price index of the 3 months of the quarter under consideration. Weight of steel in tonne, supplied by the contractor as per the ‘on-account’ bill for the month under consideration.

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60 Sq

Sb

Cv Cb Cq Cs Co Rt Ro Pt Po Zt Zo It Io

SAIL’s (Steel Authority of India Limited) ex-works price plus applicable GST and Cess on GST (if any) thereof (in rupees per tonne) for the relevant category of steel supplied by the contractor, as prevailing on the first day of the month in which the steel was purchased by the contractor (or) as prevailing on the first day of the month in which steel was brought to the site by the contractor, whichever is lower. In case, there is no notification by SAIL for the month under consideration, the price of steel, as notified in the last available month shall be taken. SAIL’s ex-works price plus applicable GST and Cess on GST (if any)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. In case, there is no notification by SAIL for the month under consideration, the price of steel, as notified in the last available month shall be taken. Value of Cement supplied by Contractor as per on account bill in the quarter under consideration. Index No. of Wholesale Price of sub-group (of Cement & Lime) as published in RBI Bulletin for the base period. 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. RBI wholesale price index for cement & lime for the month which is six months prior to date of casting of foundation. RBI wholesale price index for cement & lime for the month which is one month prior to date of opening of tender IEEMA price index for Iron & Steel for the month which is two months prior to date of inspection of material. IEEMA price index for Iron & Steel for the month which is one month prior to date of opening of tender. IEEMA price for Copper wire bar for the month which is two months prior to date of inspection of material. IEEMA price for Copper wire bar for the month which is one month prior to date of opening of tender. IEEMA price for Zinc for the month which is two months prior to date of inspection of material. IEEMA price for Zinc for the month which is one month prior to date of opening of tender. RBI wholesale price index for Structural Clay Products for the month which is two months prior to date of inspection of material. RBI wholesale price index for Structural Clay Products for the month which is one month prior to date of opening of tender.

A.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.

A.9

Relevant categories of steel for the purpose of operating Price Variation formula, as mentioned in this Clause, based on SAIL’s ex- works price plus applicable GST and Cess on GST (if any) thereof, shall be as under:

SL

Category of Steel Supplied In Railway Work

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Category of steel produced by SAIL Whose ExWorks Price Plus applicable GST and Cess on

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61

1 2 3 4 5 A.10

Reinforcement bars and other rounds All types and sizes of angles. All types and sizes of plates All types and sizes of channels & joists. Any other section of steel not covered in the above categories and excluding HTS

GST (if any)would Be Adopted to Determine Price Variation. TMT 8 mm IS 1786 FE 415/FE 500 Angle 65 x 65 x 6 mm IS 2062 E250A SK PM Plates above 10-20 mm IS 2062 E250A SK Channels 200 x 75 mm IS 2062 E250A SK Average of price for the 3 categories covered under SL 1, 2 & 3 above.

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 Conditions of Contract. However, where extension of time has been granted due to contractor’s failure under Clause 17-B of the Standard General Conditions of Contract, price adjustment shall be done as follows: (a)

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

43.

FORCE MAJEURE CLAUSE : If at any time, during the continuance of this contract, the performance in whole or in part by either party of any obligation under this contract shall be prevented or delayed by reason of any war, hostility, acts of public enemy, civil commotion, sabotage, serious loss or damage by fire, explosions, epidemics, strikes, lockouts or acts of God (hereinafter, referred to events) provided, notice of the happening of any such event is given by either party to the other within 60 days from the date of occurrence thereof, neither party shall by reason of such event, be entitled to terminate this contract nor shall either party have any claim for damages against the other in respect of such non-performance of delay in performance, and works under the contract shall be resumed as soon as practicable after such event has come to an end or ceased to exist, and the decision of the Engineer as to whether the works have been so resumed or not shall be final and conclusive, provided further that if the performance in whole or in part of any obligation under this contract is prevented or delayed by reason of any such event for a period exceeding 90 days, either party may at its option terminate the contract by giving notice to the other party.

44.

TEMPORARY LABOUR COLONY: The contractor may be allowed to put temporary labour colony on their request, but it will be binding on them to remove the temporary hutments, jungles, etc. from the Railway land before finalization of final bill.

45.

WORK PREPARED AWAY FROM THE SITE : The contractor shall give the Engineer written notice of the preparation or manufacture at a place away from site, of any materials or components to be used on the works, stating the place & time of preparation or manufacture, so that the Engineer

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62 may inspect all stages of the production process. Failure to give such notice may result in the rejection of the materials or components. 46.

CONSTRUCTION PROGRAMME: Construction work should be planned in such a way, that there will be unhindered progress of the work. For this purpose, work programme will be finalised by the contractor in consultation with XEN/DYCE, Wardha whose decision will be final & binding. Apart from the above, the contractor shall afford all reasonable facilities to other supervisors employed by CENTRAL RAILWAY, Wardha or by any other authority to execute work on the site. This includes instrumentation, testing, etc. In case of disputes, decisions of the Engineer shall be final & binding.

47.

DELAYED COMPLETION AND LIQUIDATED DAMAGES : The Railway administration reserve right to levy token penalty to be recovered from the contractor as deemed fit based on the merit of the case while granting extension under clause 17 (B) of GCC (delay due to contractor). Particularly attention is invited to Clause 17 of General Conditions of Contract (Updated up to the date) in this connection. Regarding liquidated damages referred to in clause 17-B, it is clarified that the Contract value mentioned therein refers to the overall contract value.

48.

HANDING OVER OF WORK : In addition to what has been stipulated in clause 40 of General Condition of Contract, it is made clear that all the works and materials before being finally taken over by CENTRAL RAILWAY will be entirely liability of the contractor for guarding, maintaining and making good any damages of any magnitude. It is however understood that before taking over such work CENTRAL RAILWAY will not put it to its regular use as distinct from casual or incidental one except as specially mentioned elsewhere in this contract or mutually agreed to.

49.

ALTERNATIVE DUE TO REJECTED WORK : In the event of any sub-structure or superstructure are abandoned on account of rejection by the Railway, the extra cost involved in providing further alternative arrangements shall be borne by the Contractor. The rates offered shall be deemed to have provided for this contingency.

50.

ISSUE OF IDENEITY CARDS BY CONTRACTORS (i) The Contractor is bound to issue Identity card to each and every person employed by him and deployed for execution of the Contract work as per the prescribed format provided in the tender document (Annexure-IX), at his cost. Failure on the part of the Contractor to issue Identity cards to their employees will be treated as breach of contract conditions and therefore will be dealt as per Clause No.62 (vii) of General Conditions of Contract. (ii)

(iii)

51. 51.1

It is mandatory on the part of every employee, deployed by the Contractors to keep in his possession the Identity card, issued by the Contractor throughout the execution of the work. Failure to possess such Identity will be treated as unauthorised presence in the Railway premises. Such persons shall be liable for prosecution as per law. It is mandatory for the Contractors to submit the list of the employees issued with the Identity cards and deployed for execution of the particular contract, to the Railway’s Engineer at site before commencement of the work and also for any subsequent changes made during the execution of the work. No claims whatsoever arising out of implementation of special conditions pertaining to issue of Identity cards shall be admissible.

DETERMINATION OF CONTRACT OWING DEFAULT OF CONTRACTOR (Amendments clause No.62 of General Condition of Contract) If the Contractor should: .

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63 (i) (ii)

Becomes bankrupt or insolvent, or Make an arrangement with of assignment, in favour of his creditors, or agree to carry out the contract under a Committee of Inspection of his creditors, or (iii) Being a Company or Corporation, go into liquidation (other than a voluntary liquidation for the purposes of amalgamation or reconstruction), or (iv) Have an execution levied on his goods or property on the works, or (v) Assign the contract or any part thereof otherwise than as provided in Clause 7 of GCC, or (vi) Abandon the contract, or (vii) Persistently disregard the instructions of the Engineer, or contravene any provision of the contract, or (viii) Fail to adhere to. the agreed programme of work by a margin of 10% of the stipulated period, or (ix) Fail to remove materials from the site or to pull down and replace work after receiving from the Engineer notice to the effect that the said materials or works have been condemned or rejected under Clause 25 and 27 of these Conditions, or (x) Fail to take steps to employ competent or additional staff and labour as required under clause 26 of the Conditions, or (xi)

Fail to afford the Engineer or Engineer's representative proper facilities for inspecting the works or any part thereof as required under clause 28 of the Conditions, or (xii) Promise, offer or give any bribe, commission, gift or advantage either himself or through his partner, agent or servant to any officer or employee of the Railway or to any person on his or on their behalf in relation to the execution of this or any other contract with this Railway. (xiii) (A) At any time after the tender relating to the contract, has been signed and submitted by the Contractor, being a partnership firm admit as one of its partners or employ under it or being an incorporated company elect or nominate or allow to act as one of its directors or employ under it in any capacity whatsoever any retired engineer of the gazetted rank or any other retired gazetted officer working before his retirement, whether in the executive or administrative capacity, or whether holding any pensionable post or not, in the Railways for the time being owned and administered by the President of India before the expiry of two years from the date of retirement from the said service of such Engineer or Officer unless such Engineer or Officer has obtained permission from the President of India or any officer duly authorized by him in this behalf to become a partner or a director or to take employment under the contract as the case may be, or (B) Fail to give at the time of submitting the said tender:(a) The correct information as to the date of retirement of such retired engineer or retired officer from the said service, or as to whether any such retired engineer or retired officer was under the employment of the Contractor at the time of submitting the said tender, or (b) The correct information as to such engineers or officers obtaining permission to take employment under the Contractor, or (c) Being a partnership firm, the correct information as to, whether any of its partners was such a retired engineer or a retired officer, or (d) Being in incorporated company, correct information as to whether any of its directors was such. a retired engineer or a retired officer, or (e) Being such a retired engineer or retired officer suppress and not disclose at the time of submitting the said tender the fact of his being such a retired engineer or a retired officer or make at the time of submitting the said tender a wrong statement in

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64 relation to his obtaining permission to take the contract or if the Contractor be a partnership firm or an incorporated company to be a partner or director of such firm or company as the case may be or to seek employment under the Contractor. Then and in any of the said cases, the Engineer on behalf of the Railway may serve the Contractor with a notice (Proforma at Annexure IX) in writing to that effect and if the Contractor does not within seven days after the delivery to him of such notice proceed to make good his default in so far as the same is capable of being made good and carry on the work or comply with such directions as aforesaid to the entire satisfaction of the Engineer, the Railway shall be entitled after giving 48 hours notice (Proforma at Annexure X) in writing under the hand of the Engineer to rescind the contract as a whole or in part or parts (as may be specified in such notice) and after expiry of 48 hours notice, a final termination notice (Proforma at Annexure-XI) should be issued. 51.2

Right of Railway after rescission of contract owing to default of Contractor In the event of any or several of the courses, referred to in sub-clause (1) of this clause, being adopted:(a) The Contractor shall have no claim to compensation for any loss sustained by him by reason of his having purchased or procured any materials or entered into any commitments or made any advances on account of or with a view to the execution of the, works or the performance of the contract and Contractor shall not be entitled to recover or be paid any sum for any work thereto for actually performed under the contract unless and until the Engineer shall have certified the performance of such work and the value payable in respect thereof and the Contractor shall only be entitled to be paid the value so certified. (b) The Engineer or the Engineer's Representative shall be entitled to take possession of any materials, tools, implements, machinery and buildings on the works or on the property on which these are being or ought to have been executed, and to retain and employ the same in the further execution of the works or any. part thereof until the completion of the works without the Contractor being entitled to any compensation for the use and employment thereof or for wear and tear or destruction thereof. (c) The Engineer shall as soon as may be practicable after removal of the Contractor fix and determine ex-parte or by or after reference to the parties or after such investigation or enquiries as he may consider fit to make or institute and shall certify what amount (if any) had at the time of recession of-the contract been reasonably earned by or would reasonably accrue to the Contractor in respect of the work then actually done by him under the contract and what was the value of any unused, or partially used materials, any constructional plant and any temporary works upon the site. The legitimate amount due to the contractor after making necessary deductions and certified by the engineer should be released expeditiously.

52. SETTLEMENT OF DISPUTES 52.1 Settlement of disputes and differences arising out of contract shall be done as per clauses 63 and 64 of General Conditions of Contract (Updated up to the date). 52.2.

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 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.

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65 52.3

Excepted matters not to be referred to arbitration- In terms of clause 63 of General Conditions of Contract (Updated upto the date), the disputes and differences, for which provision has been made in following clauses of General Conditions of the contract of the contract, shall be deemed as ‘Excepted matters’ and decisions of the Railway authority thereon shall be final and binding on the contractor and these ‘Excepted matter’ shall stand specifically excluded from the purview of the arbitration clause and not referred to arbitration. 1

Clause 8

Assistance by the Railway for the Stores to be obtained by the Contractor Illegal Gratification

2

Clause 18(1)

3

Clause 18(2)

4

Clause 22(5)

5

Clause 39(1)

6

Clause 39(2)

7

Clause 43(2)

8

Clause 45(a)

9

Clause 55

10

Clause 55-A(5)

11

Clause 57

Recovery from Contractor wages paid to Contractor’s labour Provision of Workmen’s Compensation Act

12

Clause 57-A

Provision of Mines Act

13

Clause 61(1)

Right of Railway to determine the contract

14

Clause 61(2)

Payment on determination of contract

15

Clause 62(1) to (xiii)(B) or (clause 52 above)

Determination of contract owing to default of Contractor

Monetary dealings with any employee of the Railway Meaning and intent of specification and drawings Rates for extra items of works Payment to the Contractor for work executed before determination of rates Signing of “No Claim” Certificate Objections to recorded measurements within 7days Provisions of payments of Wages Act

52.4.

In terms of clause 63 of General Conditions of Contract (updated up to the date of opening of tender), the disputes and differences, for which provision has been made in “Special Conditions of Contract” included in tender documents, shall also be deemed as ‘Excepted matters’ and decisions of the Railway authority thereon shall be final and binding on the contractor and these ‘Excepted matter’ shall stand specifically excluded from the purview of the arbitration clause and not referred to arbitration.

52.5.

Arbitrators to be appointed only by General Manager of Railways

52.6.

The Claimant Contractor shall seek reference to Arbitration to settle the disputes only within the ambit of conditions of mentioned above.

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66 53. Recently Railway Board has issued letter No.2015/CE-I/CT/ARB/18 Dtd.11.11.2016 in connection with Modification of Clause 64 of GCC for dealing of arbitration cases. The modified clause No. 64 of GCC is reproduced below. 64.(1): Demand For Arbitration : 64. (1) (i) : 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 to the withholding by the Railway of any certificate to which the contractor may claim to be entitled to, or if the Railway fails to make a decision within 120 days, then and in any such case, but except in any of the “excepted matters” referred to in Clause 63 of these Conditions, the contractor, after 120 days but within 180 days of his presenting his final claim on disputed matters shall demand in writing that the dispute or difference be referred to arbitration. 64. (1) (ii) (a) : 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 or difference, in respect of which the demand has been made, together with counter claims or set off, given by the Railway, shall be referred to arbitration and other matters shall not be included in the reference. 64. (1) (ii) (b) : The parties may waive off the applicability of sub-section 12(5) of Arbitration and Conciliation (Amendment) Act 2015. If they agree for such waiver, in writing after dispute having arisen between them, in the format given under below clause of these conditions. 64. (1) (iii) (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. 64. (1) (iii) (b) : The claimant shall submit his claim stating the facts supporting the claims along with all the 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. 64. (1) (iii) (c) : The Railway shall submit its defence statement and counter claim(s), if any, within a period of 60 days of receipt of copy of claims from Tribunal thereafter, unless otherwise extension has been granted by Tribunal. 64. (1) (iii) (d) : Place of Arbitration : The place of arbitration would be within the geographical limits of the Division of the Railway where the cause of action arose or the Headquarters of the concerned Railway or any other place with the written consent of both the parties. 61.(1) (iv) : No new claim shall be added during proceedings by either party. However, a party may amend or supplement the original claim or defence thereof during the course of arbitration proceedings subject to acceptance by Tribunal having

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67 due regard to the delay in making it. 64.(1) (v) : 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 otherwise directed by the Engineer, continue during the arbitration proceedings, and no payment due or payable by the Railway shall be withheld on account of such proceedings, provided, however, it shall be open for Arbitral Tribunal to consider and decide whether or not such work should continue during arbitration proceedings. 64. (3) : Appointment of Arbitrator : 64. (3) (a) :

Appointment of Arbitrator where applicability of section 12(5) of Arbitration and conciliation Act has been waived off:

64.(3) (a) (i) : In cases where the total value of all claims in question added together does not exceed Rs.1,00,00,000.00 (Rupees One Crore only), the Arbitral Tribunal shall consist of a Sole Arbitrator who shall be a Gazetted Officer of Railway not below JA Grade, nominated by the General Manager. The sole arbitrator shall be appointed within 60 days from the day when a written and valid demand for arbitration is received by GM. 64.(3) (a) (ii) : In cases not covered by the Clause 64 (3) (a) (i), the Arbitral Tribunal shall consist of a Panel of three Gazetted Railway Officers not below JA Grade or 2 Railway Gazetted Officers not below JA Grade and a retired Railway Officer, retired not below the rank of SAG Officer, as the arbitrators. For this purpose, the Railway will send a panel of at least four (4) names of Gazetted Railway Officers of one or more departments of the Railway which may also include the name(s) of retired Railway Officer(s) empanelled to work as Railway Arbitrator to the contractor within 60 days from the day when a written and valid demand for arbitration is received by the GM. Contractor will be asked to suggest to General Manager at least 2 names out of the panel for appointment as contractor’s nominee within 30 days from the date of dispatch of the request by Railway. The General Manager shall appoint at least one out of them as the contractor’s nominee and will, also simultaneously appoint the balance number of arbitrators either from the panel or from outside the panel, duly indicating the ‘presiding arbitrator’ from amongst the 3 arbitrators so appointed. GM shall complete this exercise of appointing the Arbitral Tribunal within 30 days from the receipt of the names of contractor’s nominees. 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 officers in SA grade of other departments of the Railway for the purpose of appointment of arbitrator.

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68 64 (3) (b) : Appointment of Arbitrator where applicability of section 12 (5) of A & C Act has not been waived off: The Arbitral Tribunal shall consists of Panel of three (3) retired Railway Officer, retired not below the rank of SAG Officer, as the arbitrators. For this purpose, the Railway will send a panel of at least four (4) names of retired Railway Officer(s) emplanelled to work as Railway Arbitrator duly indicating their retirement date to the contractor within 60 days from the day when a written and valid demand for arbitration is received by the GM. Contractor will be asked to suggest to General Manager at least 2 names out of the panel for appointment as contractor’s nominee within 30 days from the date of dispatch of the request by Railway. The General Manager shall appoint at least one out them as the contractor’s nominee and will, also simultaneously appoint the balance number of arbitrators either from the panel or from outside the panel, duly indicating the presiding arbitrator from amongst the 3 arbitrators so appointed GM shall complete this exercise of appointing the Arbitral Tribunal within 30 days from the receipt of the names of contractor’s nominees. While nominating the arbitrators, it will be necessary to ensure that one of them has served in the Account Department. 64. (3) (c) (i) If one or more of the arbitrators appointed as above refuses to act as arbitrator, withdraws from his office as arbitrator, or vacates his/their office/offices or is/are unable or unwilling to perform his functions as arbitrator for any reason whatsoever or dies or in the opinion of the General Manager fails to act without undue delay, the General Manager shall appoint new arbitrator/arbitrators to act in his/their place in the same manner in which the 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 arbitrator (s). 64. (3) (c) (ii) : (a) The Arbitral Tribunal shall have power to call for such evidence by way of affidavits or otherwise as the Arbitral Tribunal shall think proper, and it shall be the duty of the parties hereto to do or cause to be done all such things as may be necessary to enable the Arbitral Tribunal to make the award without any delay. The proceedings shall normally be conducted on the basis of documents and written statements. (b) Before proceeding into the merits of any dispute, the Arbitral Tribunal shall first decide and pass its orders over any plea submitted / objections raised by any party, if any, regarding appointment of Arbitral Tribunal, validity of arbitration agreement jurisdiction and scope of the Tribunal to deal with the dispute(s) submitted to arbitration applicability of time ‘limitation’ to any dispute, any violation of agreed procedure regarding conduct of the arbitral proceedings or plea for interim measures of protection and record its orders in day to day proceedings. A copy of the proceedings duly signed by all the members of tribunal should be provided to both the parties. 64. (3) (c) (iii) (i) Qualification of Arbitrator (s) (a) Serving Gazetted Railway Officers of note below JA Grade level. (b) Retired Railway Officer not below SA Grade level, three years after his

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69 date of retirement. (c) Age of arbitrator at the time of appointment shall be below 70 years. (ii) An arbitrator may be appointed notwithstanding the total number of arbitration cases in which he has been appointed in the past. (ii)While appointing arbitrator(s) under Sub-Clause 64. (3) (a) (i), 64 (3) (a) (ii) & 64 (3) (b) above, due care shall be taken that he/they is/are not the one/those who had an opportunity to deal with the matters to which the contract relates or who in the course of his/their duties as Railway servant(s) expressed views on all or any of the matters under dispute or differences. The proceedings of the Arbitral Tribunal or the award made by such Tribunal will, however, not be invalid merely for the reason that one or more arbitrator had, in the course of his service, opportunity to deal with the matters to which the contract relates or who in the course of his/their duties expressed views on all or any of the matters under dispute. 64.(3) (d) (i) : The arbitral award shall state item wise, the sum and reasons upon which it is based. The analysis and reasons shall be detailed enough so that the award could be inferred therefrom. 64.(3) (d) (ii) : A party may apply for corrections of any computational errors, any typographical or clerical errors or any other error of similar nature occurring in the award of a Tribunal and interpretation of a specific point of award to Tribunal within 60 days of receipt of the award. 64. (3) (d) (iii) : A party may apply to Tribunal within 60 days of receipt of award to make an additional award as to claims presented in the arbitral proceedings but omitted from the arbitral award. 64. (4) : In case of the Tribunal, comprising of three Members, any ruling on 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) :

(a) 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 Railway Board from time to time and the fee shall be borne equally by both the parties, provided parties sign an agreement in the format given at Annexure II to these condition after / while referring these disputes to Arbitration. Further, the fee payable to the arbitrator(s) would be governed by the instructions issued on the subject by Railway Board from time to time irrespective of the fact whether the arbitrator(s) is / are appointed by the Railway Administration or by the court of law unless specifically directed by Hon’ble court otherwise on the matter. (b) (i) Sole Arbitrator shall be entitled for 25% extra fee over the fee prescribed by Railway Board from time to time. (ii) Arbitrator tribunal shall be entitled 50% extra fee if Award is decided within six months.

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70 64.7 : Subject to the provisions of the aforesaid Arbitration and Conciliation Act 1996 and the rules thereunder and relevant para of General Conditions of Contract (GCC) and any statutory modifications thereof shall apply to the appointment of arbitrators and arbitration proceedings under this Clause. 54.

SALES TAX/TURN OVER/LOCAL TAX OR ANY OTHER TAX, ETC. The element of Sales Tax / commercial tax including Turn Over Tax on works contract, Octroi, Royalty, Toll Tax, Local Tax, (GST if Applicable) Duties/Levies as well as Services and any other Tax levied by Central Govt., State Govt. or Local Bodies, if any, shall be considered to be included in the rates quoted by the tenderer/s in the tender schedule. Sales tax /commercial tax/turnover tax on works contract will be recovered from the contractor’s bill at the rate as applicable as per rules framed by Central Govt., State Govt. or Local Bodies from time to time and remitted to the Central Govt., State Govt. or Local Bodies by the Railways.

55. i)

SPECIAL CONDITION OF CONTRACT FOR DRAFTING THE VEHICLE AND EQUIPMENT OF CONTRACTOR IN CASE OF ACCIDENT/NATURAL CALAMITIES INVOLVING HUMAN LIVES. Railway reserves the right to withdraw/draft/take over possession of any of the vehicles and equipments of the contractor deployed by him at the work site in case of Railway accident/natural calamities involving loss of human lives occur and deploy, utilize, engage them for work of relief, restoration of Railway service etc. The said vehicles and equipments along with Drivers/operators shall be immediately handed over to Railway Administration on advice of Engineer or Engineer’s Representative. The decision of the Railway as to type, number of vehicle and period of engagement shall be final and binding on the contractor.

ii)

The crew, fuel and maintenance of the vehicles during the above period shall be provided by the Contractor to the satisfaction of Railways.

iii)

The Contractor shall be paid hire charges 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 the vetting of associate finance by DY. CE(C) operating the contract. However, if the Contractor is not satisfied with Engineer’s 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.

iv)

In case Railway withdraws/drafts/takes possession of Contractor’s vehicle/equipment, log book will be maintained by Railway’s representative and it will be jointly signed by Railway’s authorized representative & contractor’s driver of vehicle/operator of equipment. Payment will be made accordingly on agreed rates.

v)

The contractor shall provide following information about the vehicle/equipment available with them at the time of entering into contract. Sr. Particulars of No. Vehicle/ equipment

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71 56. 56.1

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

56.2

No claim whatsoever shall be entertained by the Railway on account of any delay or hold up of the work / works 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 materials as are required to be arranged by the Railway or due to any other factor on Railway account.

57.

No claim for idle labours and/or idle machinery etc. on any account will be entertained. Similarly, no claim shall be entertained for business loss or any such loss.

58.

Safety measures at work site In addition to various instructions/provisions made in the contract document following discipline will be enforced during execution of the work at contractor’s own cost. i) The equipment can enter Rly premises only from nominated entry points. ii) Even in case contractor engage separate supply agency, they have to take permission for the drivers being engaged and ensure presence of assistant driver/competent lookout man who will responsible for all action of movement of vehicle. He should be in proper uniform and with hand signals, warning device etc. iii) Night working should be done under direct supervision of Railway official. iv) All protective signals, boards etc. shall be provided by the contractor at his cost, for which no extra payment shall be made being incidental to the work.

59.

Provisions of “The Building and Other Construction Workers (Regulation of Employment and Conditions of Service) Act, 1996” and “The Building and other Construction Worker’s Welfare Cess Act, 1996”. (Authority : Railway Board’s letter no. 2008/CE-I/CT/6, Dated 29.11.2013) The tenderers, for carrying out any construction work, must get themselves registered with the Registering Officer under Section-7 of the Building and Other Construction Workers Act, 996 and rules made thereto by the concerned State Govt. and submit certificate of Registration, issued from the Registering Officer of the concerned State Govt. (Labour Dept.). As per this Act, the tenderer shall be levied a cess @1% of cost of construction work, which would be deducted from each bill. Cost of material, when supplied under a separate schedule item, shall be outside the purview of cess.

60.

INCOME TAX Under Section 194(C) of the Income Tax Act 1961 deduction of 2% plus surcharge if applicable on Income Tax will be made for sums paid for carrying out the work under this contract. The percentage of deduction may however vary as per the amendments if any made in the section 194(C) of IT Act 1961.

61.

62.

WORKS CONTRACT TAX (WCT) /ENVIRONMENT CESS: i) Please refer to GST Clause which replaced WCT (Works Contract Tax) ii) Environment cess of Rs.1/- per m3 of Earthwork in filling in embankment shall be levied as per the State Govt.‟s directives prevalent during execution of work. ASSOCIATING A SUB – CONTRACTOR FOR THE WORKS: Contractor may associate sub – contractor/s of repute for doing specialized works with the explicit approval of the Chief Engineer, Central Railway, Mumbai. This has to be spelt out at the time of tendering. If further changes are required at later date, this has got to be approved by the Chief

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72 Engineer, Central Railway, Mumbai. Such consent if given shall not however relieve the contractor from any liability or obligation under the contract and he shall be responsible for the acts, defaults & neglects of the sub-contractor, his agents, servants or workmen as fully as if they the acts, defaults or neglects of the contractor, his agents, servants or workmen, provided always that provision of labour on a piece – work basis shall not be deemed to be a sub – contract under this clause. All payment by Central Railway, Mumbai shall be made only to the principal contractor. The tenderer/s must specify and furnish (if not already complied with) the names of consultants and / or agencies proposed to be associated during construction, at the time of tendering itself and no change either in the designated consultants / associates agencies for construction, shall be permitted, in the event of work being allotted to him/ them, without the prior approval of Central Railway. 63.

MODIFIED CLAUSE 52 of G.C.C. (Circulated as per Railway Board’s letter No.2010/CE-1/CT/41/ New Delhi Dtd 27.04.2011). Clause No.52 Withholding and lien in respect of sums claimed:Whenever any claim or claims for payment of a sum of money arises out of or under the contract against the contractor, the Railway shall be entitled to withhold and also have a lien to retain such sum or sums in whole or in part from the security, if any, deposited by the contractor and for the purpose aforesaid, the Railway shall be entitled to withhold the said cash security deposits or the security if any, furnished as the case may be and also have a lien over the same pending finalization or adjudication of any such claim. In the event of the security being insufficient to cover the claimed amount or amounts or if no security has been taken from the contractor, the Railway shall be entitled to withhold and have a lien to the extent of the such claimed amount or amounts referred to supra, from any sum or sums found payable or which at any time thereafter may become payable to the contractor under the same contract or any other contract with this or any other Railway or any Department of the Contract Government pending finalization or adjudication of any such claim. It is an agreed term of the contract that the sum of money or moneys so withheld or retained under the lien referred to above, by the Railway will be kept withheld or retained as such by the Railways till the claim arising out or under the contract is determined by the arbitrator (if the contract governed by the arbitration clause) or by the competent court as the case may be and that the contractor will have no claim for interest or damages whatsoever on any account in respect of such withholding or retention under the lien referred to supra and duly notified as such to the contractor. For the purpose of this clause, where the contractor is a partnership firm or a limited company, the Railway shall be entitled to withhold and also have a lien to retain towards such claimed amount or amounts in whole or in part from any sum found payable to any partner / limited company, as the case may be whether in his individual capacity or otherwise. Clause No. 52-A Lien A respect of claims in Other Contracts: i) Any sum of money due and payable to the contractor (including the security deposit returnable to him) under the contract may be withheld or retained by way of lien by the Railway, against any claim of this or any other Railway or any other Department of the Central Government in respect of payment of a sum of money arising out of or under any other contract made by the contractor with this or any other Department of the Central Government. i)

However, recovery of claims of railway in regard to terminated contracts may be made from the final bills, security deposits and performance guarantees of other contract or contract executed by the contractor. The performance guarantee submitted by the contractor against other contracts if required, may be withheld and encashed. In addition, 10% of each subsequent ‘On – account bill’ may be withheld, if required, for recovery of railway’s dues against the terminated contract.

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73 ii) It is an agreed term of the contract that the sum of money so withheld or retained under this clause by the Railway will be kept withheld or retained as such by the Railway till the claim arising out of or under any other contract is either mutually settled or determined by arbitration, if the other contract is governed by arbitration clause or by the competent court as the case may be and contractor shall have no claim for interest or damages whatsoever on this account or on any other ground in respect of any sum of money withheld or retained under this clause and duly notified as such to the contractor. 64.

ALTERNATIVE DUE TO REJECTED WORK: In The event of any sub – structure of super structure are abandoned on account of rejection by the Railway, the extra cost involved in providing further alternative arrangements shall be borne by the Contractor. The rates offered shall be deemed to have provided for this contingency.

65.

Provision of Employees Provident Fund and Miscellaneous Provision Act, 1952: The contractor shall comply with the provisions of Para 30 & 36-B of the Employees Provident Fund Scheme, 1952; para 3 & 4 of Employees Pension Scheme, 1955; and para 7 & 8 of Employees Deposit Linked Insurance Scheme, 1976; as modified from time to time through enactment of “Employees Provident Fund & Miscellaneous Provisions Act, 1952”, wherever applicable and shall also indemnify the Railway from the against any claims under the aforesaid Act and the Rules (Authority : Railway Board’s letter No.2012/CE-I/CT/0/22 Dtd.14.12.2012).

66.

Reporting of Accidents: The Contractor shall be responsible for the safety of all employees directly or through petty contractors or sub-contractor employed by him on the works and shall report serious accidents to any of them and however and wherever occurring on the works to the Engineer or the Engineers Representative and shall make every arrangements to render all possible assistance.

67.

Provision of Workmen’s Compensation Act: In every case in which by virtue of the provisions of Section 12 Sub-Section (1) of the Workmen’s Compensation Act 1923, Railway is obliged to pay compensation to a workman directly or through petty contractor or subcontractor employed by the Contractor in executing the work, Railway will recover from the Contractor the amount of the compensation so paid, and, without prejudice to the rights of Railway under Section 12 Sub-section (2) of the said act, Railway shall be at liberty to recover such amount or any part thereof by deducting it from the Security Deposit or from any sum due by Railway to the Contractor whether under these conditions or otherwise, Railway shall not be bound to contest any claim made against it under Section 12 Sub-Section (1) of the said Act except on the written request of the Contractor and upon his giving to Railway full security for all costs for which Railway might become liable in consequence of contesting such claim.

68.

Price Variation Clause for Extra Items: The Base Month for „Price Variation Clause‟ for Extra USSOR 2011 items shall be taken as month of opening of tender including extensions, if any, unless otherwise stated elsewhere. In the Tender Document the quarter for applicability of PVC shall commence from the month following the month of opening of, unless otherwise stated elsewhere. The Price Variation shall be based on the average Price Index of the quarter under consideration except cement where price Index for 1st month of quarter under consideration will be adopted.

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74 elsewhere. In the Tender Document the quarter for applicability of PVC shall commence from the month following the month of Administrative approval of extra items. The Price Variation shall be based on the average Price Index of the quarter under consideration except cement where price Index for 1st month of quarter under consideration will be adopted. 69.

Recovery of Conservancy Cess Charges (Railway Board’s ltr. No. F(X)I/95/1/1 dated 16.07.2012). Sr. .

Description of Category

1

Railway Contractors. a. Engg. Works Contractors (Engg. Elect., Mech., Signal etc.)

Average no. of labours or Workman employed per day.

Conservancy cess charges to be recovered per month.

1 to 5 5 to 10 11 to 25

Rs.106/Rs.208/Rs.523/-

1. Dy.CE©/XEN© should ensure that necessary sanitary facilities are provided by the Contractor for their labour in terms of clause 59(4) of the general conditions of contract and where they fail to do so notice should be given to the contractor that the wage will be provided by the Railway at their cost & recovery should be made from their bills in the following manner : a. If the Contractor labour are employed at station and colonies where Rly. sanitary facilities do exist recoveries should be made at the rates stipulated in the circular.In respect of Contractor’s labour working between station are at isolated places where Rly. sanitary facilities do not exist recoveries should be made at the fixed rates stipulated in this circular but the Rly. May provide these facilities at the cost of the contractor, after giving him due notice as stated above.CMS/MSs/DMOs should inspect such sanitary arrangements of contractors, independently and if not satisfactory, report officially in writing to the XEN and Dy.CE© NGP concerned.. Supply contractors may be exempted from the purview of recovery of cess charges, since their labours enter in the Railway premises only to load or unload the material. b. No cess charges recoverable from contractors engaged in construction work on new lines, away from open line. This will apply only until the line is opened for traffic partially or wholly. However, if safaiwalas are engaged by Railways on construction work on new lines, necessary recoveries will have to be made from contractors.Where only indirect sanitary services are rendered, the conservancy cess charges should only be 20% of the above charges. The principle of recovery of cess charges on the basis of Direct/Indirect services will be applicable to categories Nos. III, IV, VII, IX to XVI and XIX and in all other categories i.e. I, II, V & VII, XVII & XVIII the cess charges will be recoverable at the rate of direct services only. The definition of direct and indirect sanitary services is given below for information and guidance. Direct services : are those where the conservancy staff undertakes to clean regularly the inside of the premises rented/licensed to the above mentioned parties. Indirect services : will be those where no such direct services are provided. Levy services charges are only when services direct to indirect. No charges are recoverable wherever no services are provided. However, facts of such services rendered should be certified by the Chief Medical Supdt., Medical Supdt., / Divisional Medical Officer concerned. *****

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75

1.

SAFETY RULES [Para 25(ii)] Suitable scaffolds should be provided for workmen for all works that cannot safely be done from the ground or from solid construction except such short period work as can be done safely from ladders. When a ladder is used an extra labourer shall be engaged for holding the ladder and if the ladder is used for carrying materials as will, suitable foot-holds and hand holds shall be provided on the ladder and the ladder shall be given an inclination not steeper than one horizontal to four vertical.

2.

Scaffolding or staging more than 3.5 metres above the ground or floor swung or suspended from an overhead support or erected with stationary support shall have a guard rail properly attached bolted, braced and otherwise secured above the floor or platform of such scaffolding or staging and extending along the entire length thereof with only such opening as may be necessary for the delivery of materials. Such scaffolding or staging shall be so fastened as to prevent it from swaying from the building or structure.

3.

Working platform gangways and stairways should be so constructed that they should not sag unduly or unequally, and where the height of the platform or the gangway or the stairway is more than 3.5 meters above ground level or floor level, they should be closely boarded, should have adequate width and should be suitably fastened as described in the Para above.

4.

Safe means of access shall be provided to all working platforms and other working places. Every ladder shall be securely fixed. No portable single ladder shall be over 10 meters in length while the width between side rails in swung ladder shall in no case be less than 300 mm for ladder up to and including 3.5 meters in length. For longer ladders this width should be increased by at least 20 mm for each additional meter of length. Uniform steps spacing shall not exceed 300 mm. Adequate precautions shall be taken to prevent danger from electrical equipment. No materials on any of the sides of work shall be so stacked or placed as to cause danger for inconvenience to any persons or the public. The contractor shall provide all necessary fencing and lights to protect the public from accident, and shall be bound to bear the expenses of defense of every suit, action or other proceedings at law that may be brought by any persons for injury sustained owing to neglect of the above precautions and to pay any damages and cost which may be awarded in any such suit, action or proceedings to any such persons or which may with the consent of the contractor be paid to compromise any claim by any such person.

5.

6.

Before any demolition work is commenced and also during the process of the work: (a)

All roads and open areas adjacent to the work site shall either be closed or suitably protected.

(b)

No electric cable or apparatus which is liable to be a source of danger over a cable or apparatus used by the operator shall remain electrically charged.

(c)

All practical steps shall be taken to prevent danger to persons employed from risk of fire or explosion of flooding. No floor, roof or other part of the building shall be so overloaded with debris or materials as to render it unsafe.

All necessary personal safety equipment as considered adequate by the Engineer-in-charge should be kept available for the use of the persons employed on the site and maintained in a condition suitable for immediate use and the contractor should take adequate steps to ensure proper use of equipment by these concerned.

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(a) (b) (c) (d)

Workers employed on mixing asphalt materials, cement and live mortar shall be provided with protective goggles. Those engaged in white washing and mixing or attaching of cement bags or any materials which is injurious to the eyes shall be provided with protective goggles. Those engaged in welding works shall be provided with welder's protective eyesight lids. Stone breakers shall be provided with protective goggle and protective clothing and seated at sufficiently safe intervals.

7.

In case the contractors have to ply vehicles for the purpose connected with the contract adjacent to Railway track, the Railway Administration will be at liberty to post an experienced staff as flag man for guidance of the movements of such vehicles so as to prevent accidents and the contractor will bear wages including all etc. of the staff posted as flag man for the period of Contract for such periods during which such staff is posted for the purposes. The Rly. Administration will be sole judge in the absolute discretion, of the fact that it is necessary to post any staff, that which of the staff will be suitable for the purpose, that what should be the wages and other allowance payable by the contractor for staff posted for the purpose. The Rly. Administration will have a right without prejudice to other remedies to deduct the wages etc. of such staff from the bills of the contractor in respect of this contract of from any moneys or the contractor, whatsoever, available with the Railway Administration. The contractor will be liable for any over payments under Workman Compensation Act on account of any injury sustained to Railway servant during that period.

8.

When the work is done near any place where there is risk of drowning, all necessary equipment should be provided and kept ready for use and all necessary steps taken for prompt rescue of any persons in danger and adequate provision should be made for prompt first aid treatment of all injuries likely to be sustained during the course of the work.

9.

Use of hoisting machines and tackle including their attachment anchorage and supports shall confirm the following standards or conditions: (a)(i)

These shall be of good mechanical construction, sound materials and adequate strength and free from patent defect and shall be kept in good repair and in good working order.

(ii) Every rope used in hoisting or lowering materials or as a means of suspension shall be of durable quality and adequate strength and free from patent defects. (b) Every Crane Driver or hoisting appliances operator shall be properly qualified and no person under the age of 21 years shall be in-charge of any hoisting machine including any scaffolding. (c)

In case of every hoisting machine and of every cabin ring, shackle, swivel and pulley block used in hoisting or as means of suspension, safe working load shall be ascertained by adequate means. Every hoisting machine and all gear referred to above shall be plainly marked within the safe working load. In case of a hoisting machine having a variable safe working load, each safe working load of the conditions under which it is applicable shall be clearly indicated. No part of any machinery or any gear referred to above in this paragraph shall be loaded beyond the safe working load except for the purpose of testing.

(d)

In case of departmental machine, the safe working load shall be notified by the Electrical Engineer-in-charge. As regards contractor's machines, the contractor shall notify safe

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77 working load of the machine to the Engineer-in-charge whenever he brings any machinery to site of work and get it verified by the Electrical Engineer concerned. 10.

Motors, gearing transmission, electric wiring and the dangerous part of hoisting appliances should be provided with efficient safe guards. Hoisting appliances should be provided with such means as will reduce to the minimum, the risk of accidental descent of the load. Adequate precautions should be taken to reduce to the minimum, the risk of any part of a suspended load becoming accidentally displaced. When workers are employed on electrical installations, which are already energised insulating mats, wearing apparel, such as gloves, sleeves and both as may be necessary should be provided. The workers should not wear any rings, watches and carry keys or other materials, which are good conductors of electricity.

11.

All scaffolds, ladders and other safety devices mentioned or described herein shall be maintained in safe condition and no scaffold ladder or equipment shall be altered or removed while it is in use. Adequate washing facilities should be provided at or near places of work.

12.

These safety provisions should be brought to the notice of all concerned & displayed on a notice board at a prominent place at the work spot. The persons responsible for compliance of the safety code shall be named herein by the contractor.

13.

To ensure effective endorsement of the rules and regulations relating to safety precautions, the arrangements made by the contractor shall be open to inspection by Labour Officer/Engineer-incharge of the Department or their representative.

14.

Notwithstanding the above clause from (1) to (12) there is nothing in these to exempt the contractor from the operation of any other act or Rule in force in the Republic of India. ******

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78 Annexure I No.2004/Sig/G/7

J.P.O No.1 /Sig/2004

JOINT PROCEDURE ORDER FOR UNDERTAKING DIGGING WORK IN THE VICINITY OF UNDERGROUND SIGNALLING, ELECTRICAL AND TELECOMMUNICATION CABLES. A. A number of Engineering works in connection with gauge conversion/doubling/third line are in progress on various railways, which require extensive digging work near the running track, in close vicinity of other working S&T cables carrying vital safety circuits as well as electrical cables feeding the power supply to Cabins, ASM room, RRI Cabin, Intermediate Block Huts (IBH) etc. Similarly, S&T organization under open line or construction units under CAO/C are executing various signaling and telecommunication works requiring digging of earth for laying of cables or casting of foundations for the erection of signal posts etc. Rail Tel are also executing the work of laying of quad cable and OFC on various Railways as a part of sanctioned works for exclusive use of Railways for carrying voice and data i.e. administrative and control communication, PRS, FOIS etc. or shared by Rail Tel Corporation of India Ltd. On certain sections digging is also required for laying of electrical cable and casting of foundation for the erection of OHE masts by Electrical Deptt. Generally, these works are executed by Contractors employed by these organizations. B. However, while carrying out these works in the vicinity of working signaling, telecommunication and electrical cables, at times, cable cuts take place due to JCB machines working along the track or during the digging work being done by Contractors carrying out the Civil Engineering works. Similarly, such cable cuts are also resulting due to works undertaken by S&T or Electrical depts. Such cable faults results in the failure of vital signaling and telecommunication circuits. C. Henceforth, the following joint procedure shall be followed by Engineering, Electrical and S&T (and Rail Tel organization, wherever such works are being done by them) Officers of the respective divisions and by the Construction Organization, while carrying out any digging work near to existing signaling & telecommunication and electrical cables, so that the instances of cable cut due to execution of works can be controlled and minimized. 1. S&T Department (and Rail Tel, where they have laid the cables) & Electrical Deptts. shall provide a detailed cable route plan showing exact location of cable at an interval of 20m or wherever there is change in alignment so that the same is located easily by the Engineering official/contractor. This cable route plans shall be made available to the DSE/DEN or Dy,CE/C as the case may be by Sr. DSTE/DSTE or Sr. DEE/DEE of the divisions or Dy. CSTE/C or Dy. CEE/C within a reasonable time in duplicate. DSE/DEN or Dy. CE/C will send copies to their field unit i.e. AEN /SE/P.Way & works. 2. Before taking up any digging activity on a particular work by any agency, Sr.DSTE/DSTE or Sr.DEE/DEE of the section shall be approached in writing by the concerned Engg or S&T or Electrical officer for permitting to undertake the work. After ensuring that the concerned executing agencies, including the contractor have fully understood the S&T and Electrical cable route plan shall permit the work in writing. 3. After getting the permission from S&T or Electrical Deptt. as the case may be, the relevant portion of the cable route plan shall be attached to the letter through which permission is issued to the contractor by concerned Engineering Official for commencement of work and ensuring that the contractors have fully understood the cable route plan and precautions to be taken to prevent damage to the underground cables. The contractor shall be asked to study the cable plan and follow it meticulously to

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79 ensure that the safety of the cable is not endangered. Such a provision, including any penalty for default, should form part of agreement also. It is advisable that a suitable post of SE(Sig) or SE(Tele) or SE(Elect.) shall be created chargeable to the estimates of doubling / Gauge conversion, who can help engg. agencies in the execution of the work. However, basic responsibility will be of the Department executing the work and the Contractor. 4. The SE (P.Way) or SE (Works) shall pass on the information to the concerned SE (Sig) or SE (Tele) or SE (Elect.) about the works being taken up by the contractors in their sections at least 3 days in advance of the day of the work. In addition Engineering control shall also be informed by SE (P.Way ) or SE(Works), which in turn shall pass on the information to the Test Room/Network Operation centre of Rail Tel/TPC/Electrical Control. 5. On receiving the above information, SE(Sig) or SE(Tele) or SE(Elect) shall visit the site on or before the date of taking up the work and issue permission to the contractor to commence the work after checking that adequate precautions have been take to avoid the damage to the cables, The permissions shall be granted within 3 days of submission of such requests. 6. The name of the contractor, his contact telephones number, the nature of the work shall be notified in the Engineering Control as soon as the concerned Engg. Official issued the letter authorizing commencement of work to the contractor. Test Room be given a copy and Test Room shall collect any further details from the Engineering control and shall pass it on to S&T/Rail Tel & Elect officials regularly. 7. In case of works being taken up by the State Government, National Highway Authority etc. the details of the permission given i.e. the nature of work, kilometer etc. be given to the Engineering Control including the contract person’s number so that the work can be done in a panned manner. The permission letter shall indicate the contact numbers of Test Room/Network Operations centre of Rail Tel/TPC/Elect. Control. 8. Where the nature of the work taken up bythe Engineering department is such that the OFC or other S&T cables or Electrical cables is to be shifted and relocated, notice of minimum one week shall be given so that the Division/Rail Tel/Construction can plan the works properly for shifting. Such shifting works shall, in addition, for security and integrity of the cables, be supervised by S&T supervisors/Rail Tel supervisors/Electrical Supervisors. 9. The concerned SE(P.Way) SE(Works),/SE(Sig)/SE(Tele)/SE(Elect.) or Rail Tel supervisors, supervising the work of the contractor shall ensure that the existing emergency sockets are not damaged in view of their importance in providing communication during accident/emergency. 10. In case of minor nature of works where shifting of cable is not required, in order to prevent damage to the cable, the Engineering contractor shall take out the S&T or optical fire cable or Electrical cable carefully from the trench and place it properly along side at a safe location before starting the earthwork under the supervision of SE(Sig.) or SE(Tele) or SE(Electrical). The cable shall be reburied soon after completion of excavation with proper care including placement of the brick over the cable by the concerned S&T supervisors or Electrical Supervisors. However, the work will be charged to the concerned engineering works. 11. In all the sections where major project are to be taken up/going on Rail Tel/S&T Dept. shall deploy their official to take preventive/corrective action at site of work.

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80

12. No new OFC/Quad cable shall be laid close to existing track. It shall be laid close to Railway boundary as per extant instructions i.e. 1.0m from the Railway boundary to the extent possible to avoid any interference with future works (doubling etc.) It shall be ensured in the new works of cable laying that the cable route is properly identified with electronic or Concrete markers. Henceforth, wherever cable laying is planed and before undertaking the laying work, the cable route plan of the same shall be got approved from the concerned Sr.DEN or Dy CE/Constn. to avoid possible damages in future. Such approvals shall be granted within 7 days of submission of the requests. 13. The works of excavating the trench and laying of the cable should proceed in quick succession, leaving a minimum time between the two activities. 14. Any damage caused to OFC/Quad cable or Electrical cable during execution of the work, necessary debit shall be raised on Engineering Department who shall bear the cost of the corrective action. 15. All types of bonds i.e. rail bond, cross bond and structure bond shall be restored by the Contractor with a view to keep the rail voltage low to ensure safety of personnel. 16. Above joint circular shall be applicable for construction as well as open line organization of Engineering, S&T & Electrical. 17. The S&T cable and Electrical cable route plan should be got approved be got approved from the concerned. Sr. DSTE/DSTE & Sr. DEE/DEE respectively, before undertaking the work and completion cable route plan should be finalized Block section by Block section as soon as the work is completed.

- Sd/(R.S. Grover) AM (Elec.)

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-Sd/(N.K. Goel) Adv (Sig.)

Sd/(R.C. Sharma.) AM (Tele)

Sd/-

(R. Sundararajan) AM (Works)

For Dy.CE (Const.) NGP

81 GIST OF SAFETY INSTRUCTION OF CENTRAL RAILWAY 1.

The instructions/guidelines regarding safety at work site issued from time to time can be seen in the Office of Dy.Chief Engineer(C)NGP at any time during office hours. The successful tenderer shall obtain copy of hand book and copy of instructions/guidelines on safety at construction worksite issued by Central Railway Construction Organisation free of cost from his office on award of contract and religiously follow all safety instructions prescribed therein to see that the work is executed in a safe manner. The list of important instructions issued in the last five years on safety measures at work site are given as under : Sr.No 1

Date 28/7/02

Letter No. EW/187/R/465/9/Vil.II

2

6/11/02

EW/187/R/465/9/Vil.II

3 4

9/2/04 8/6/04 1/9/04

5

17/8/06

6

15/12/06

7

17/12/04

8

18/01/2008

9

24/06/2013

& EW/187/R/465/Compend ium Cir EW/187/R/WKSPolicy/V CON/CAO(C)/Misc./Gen l./2006 EW/187/R/465/Safety Policy Rly Board’s D.O. letter No. 2004/Sig/G/7 JPO No.1/Sig/2004 CE Circular No. 190 vide letter No. T103/PWT/-18 / XXI dated 18.01.2008. Rly Board‟s letter No. 2003/Tele/RCIL/1/Pt.I X dated 24.06.2013

Subject Compendium on training to supervisors and operators of contractors Compendium of instruction on safety issued by Northern Railway Handbook on safety at construction work sites Correction slip No. 69 dated 23.5.2001 for para No. 826 of IRPWM regarding safe working. Safety measures to be adopted at work sites Safety in dismantling of bridges and structures Undertaking digging work in the vicinity of underground signaling, electrical and telecommunication cables. Procedural order for ensuring safety at work site issued by PCE, Central Railway. Procedure for Undertaking digging work in the vicinity of underground signalling, electrical and telecommunication cables.

Some of the important instruction are given below. 2. Safe working of contractors (Extract of para 826 of IRPWM) :– 2.1 A large number of men and machinery are deployed by the contractors for track renewals, gauge conversions, doublings, bridge rebuilding etc. It is therefore essential that adequate safety measures are taken for safety of the trains as well as the work force. The following measures should invariably be adopted. (i) The contractor shall not start any work without the presence of railway supervisor at site. (ii) Wherever the road vehicles and/or machinery are required to work in the close vicinity of railway line, the work shall be so carried out that there is no infringement to the Railway’s

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(iii)

(iv) (v) (vi)

schedule of dimensions. FFor this purpose, the area where road vehicles and/or nd/or machinery ma are required to ply, shall be dem marcated and acknowledged by the contractor. Spec ecial care shall be taken for turning/ reversaal of road vehicles/machinery without infringingg the t running track. Barricading shall be provid ded wherever justified and feasible as per site condi onditions. The look out and whistle caution orders shall be issued to the trains and speed restrictions imposed where considered d necessary. Suitable flagmen/detonators shall be provided where necessary for protection on of trains. The supervisor/workmen should be counseled about safety measures. s. A competency certificate to the contractor tor’s supervisor as per Performa annexed shall be issued sued by AXEN/XEN, which will be valid only forr the work for which it has been issued. The unloaded ballast/rails//sleepers/other P-Way materials after unloading along a track should be kept clear off moving ng di dimensions and stacked as per the specified heights and distance from the running track. Supplementary site specific ific instructions, wherever considered necessary shaall be issued by the Engineer in Charge.

2.2 PLYING OF ROAD VEHICLES AND WORKING OF MACHINERIES CLOSE TO RUNNI NING TRACKS (i) Normally, the road vehicles les shall be run or machinery shall be worked so as not to come closer than 6.0m from centre line of nearest running track. (ii) The land strip adjacent to running tracks, where road vehicle is to ply or macchinery is to work, shall be demarcated by lime me in advance in consultation with the Railway’s Sup upervisor. Wooden pegs at interval not excee ceeding 75mts shall be provided along the line marrking as permanent marks. The road vehicles les sh shall ply or machinery shall work so as not to in nfringe the line of demarcation.

6.0M FFROM CENTER LINE NE OF TRACK

ROAD VEHICLE/MACHINERY

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LIME MARKING

RUNNING TRACK WOODEN PEGS AT INTERVAL NOT EXCEEDING 75M.

For Dy.CE CE (Const.) NGP

83 (iii) If a road vehicle or machinery is to work closer to 6.0m due to site conditions or requirement of work, following precautions shall be observed.

a. In no case the road vehicle shall run or machinery shall work at distance less than 3.5m from centreline of track. b. Demarcation of land shall be done by bright coloured ribbon/nylon chord suspended on 75 cm high wooden/bamboo posts at distance of 3.5 m from centreline of nearest running track. c. Presence of an authorized Railway’s representative shall be ensured before plying of vehicle or working of machinery. d. Railway’s Supervisor shall issue suitable caution order to Drivers of approaching train about road vehicles plying or machineries working close to running tracks. The train drivers shall be advised to whistle freely to warn about the approaching train. Whistle boards shall be provided wherever considered necessary. e. Lookout men shall be posted along the track at a distance of 800m from such locations who will carry red flag and whistles to warn the road vehicle/machinery users about the approaching trains. f. On curves where visibility is poor, additional lookout men shall be posted. (iv) If vehicle/machinery is to be worked closer to 3.5m from running track. Under unavoidable conditions, if road vehicles is to ply or machinery is to work closer to 3.5m due to site conditions or requirement of work, following precautions shall be observed: a. Plying of vehicles or working of machinery closer to 3.5m of running track shall be done only under protection of track. Traffic block shall be imposed wherever considered necessary. The site shall be protected as per provisions of Para No. 806 & 807 of P-Way Manual as case may be. b. Presence of a Railway’s Supervisor shall be ensured at worksite. c. Railway’s Supervisor shall issue suitable caution order to Drivers of approaching train about road vehicles plying or machineries working close to running tracks. The train drivers shall be advised to whistle freely to warn about the approaching train. (v)

Precaution to be taken while reversing road vehicle along side the track. The location where vehicle will take a turn shall be demarcated duly approved by Railway’s representative. The road vehicle driver shall always face the Railway track during the course of turning/reversing his vehicle. Presence of an authorized Railway representative shall be ensured at such location.

(vi)

Road vehicle shall not be allowed to run along the track during night hours generally. In unavoidable situations, however, vehicles shall be allowed to work during night hours only in the presence of an authorized Railway’s representative and where adequate lighting arrangements are made and where adequate precautions as mentioned earlier have been ensured.

(vii)

Road vehicles/machinery/plant etc. when stabled near running tracks shall be properly secured against any possible roll off and always be manned even during off hours.

2.3 EXECUTION OF WORKS CLOSE TO OR ON RUNNING LINES (i) Any work close to or on running tracks shall be executed under the presence of a Railway’s Supervisor only. (ii) Precaution to be taken to ensure safety of trains while execution of work close to the running line or on running lines. Signature of Tenderer(s)

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84 a. Such works shall be planned and necessary drawings particularly with regard to infringement to moving dimensions shall be finalized duly approved by competent authority before execution of work. The work shall be executed only as per approved procedure and drawings. b. All temporary arrangements required to be made during execution of work shall be made in such a manner that moving dimension do not infringe. c. Suitable speed restriction shall be imposed or Traffic block shall be ensured as required. d. The site shall be protected as per provisions of Para No. 806 & 807 of Indian Railway P-Way Manual as case may be e. Necessary equipment for safety of trains during emergency shall be kept ready at site. (iii) 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 untoward incident, as per the directions or plan approved by Engineer-in-charge. The payment 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-incharge. (iv) Precaution to be taken to ensure safety of electrical/signal/ telephone cables while excavating near tracks. a Electrical cables and singling cables are running along the railway line. Care shall be taken to protect such cables during execution and vehicle movements. Contractor shall take all required precautions as prescribed in Joint Procedural order for undertaking digging work in the vicinity of underground signalling, electrical and telecommunications cable as communicated vide Rloy.Board’s Lr.no.2003/Tele/RCIL/1/Pt.IX dt.24.06.2013. tenderers can see copy of this joint procedural order in the office of Dy.Chief Engineer (C.) Nagpur. Successful tenderers shall obtain the copy of this order before commencement of work for their guidelines and ensuring strict compliance. b In case damage is caused to OFC/QUAD cable during execution of the work, the contractor is liable to pay a penalty for damaging the cable. Penalty shall not be levied in case of the following. i. Detailed cable route plan as per clause C-1 of Rly.Board’s Lr.no.2003/Tele/RCIL/1/Pt.IX dt.24.06.2013 not provided by concerned department or cable is not protected as per laid down procedures. ii. The alignment of the cable does not tally with the information providd to the contractor. iii. The cable depth is found to be less than 800 mm from normal ground level. iv. No representative of S&T department/Railtel was available at site guarding the cable on the fixed predetermined date and time. c .

Penalty to be imposed for damages to cable from the contractor due to default on the part of contractor shall be as under. The decision of Engineer-In-Charge on fixing up of responsibility on contractor on this account will be final and binding on the contractor.

Cable Damaged Penalty per location Only Quad cable or signalling cable Rs.1.00 Lakh. Only OFC Rs.1.25 lakh. Both OFC & Quad Rs.1.50 Lakh Electric Cable Rs.1.00 Lakh. A penalty of Rupees above will be imposed on contractor in case of damage to Electrical / S&T cables due to default on the part of the contractor which will be in addition to recovery for cost of restoration of cables. (v) Precaution to be taken during execution of works requiring traffic blocks. Signature of Tenderer(s)

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85 a.

Any work, which infringes the moving dimensions, shall be started only after the traffic block has been imposed. b. Before closing the work, the track shall be left with the proper track geometry so that the trains run safely. c. After completion of work the released sleeper and fittings should be properly stacked away from the track to be kept clear of moving dimensions. d. Block shall be removed only when all the temporary arrangement, machineries, tools, plants etc. have been kept clear of moving dimensions. (vi) Precaution to be taken during execution of works during night. The work close to running line, generally, shall be carried out only during day hours. At locations, however, where night working is unavoidable, proper lighting arrangement should be made. The engineering indicator boards shall be lighted during night hours as per the provisions of IRPWM. The staff deputed for night working should have taken adequate rest before deploying them in night shift. We can specify duration of night shift from 20.00 hrs to 04.00 hrs. All other safety precautions applicable for day time work should be strictly observed during night working. (vii) Precautions to be taken to ensure safety of workers while working close to running lines. a. Necessary lookout men with red flags and whistles shall be provided to warn the workmen about the approaching train. b. Railway’s supervisor shall issue suitable caution order to Drivers of approaching train for whistling to warn the workers about the approaching train. Whistle boards shall be provided wherever considered necessary. c. A “First aid kit” shall always be kept ready at site. (viii) Precaution shall be taken for safety of public or passengers ,while executing works at locations, used by passengers and public,. The worksite shall be suitably demarcated to keep public and passengers away from work area. Necessary signage boards such as “Work in progress. Inconvenience is regretted” etc. shall be provided at appropriate locations to warn the public/ passengers. Adequate lighting arrangement of worksite wherever required shall be done to ensure safety of public/passengers during night. (ix) Precaution to be taken before stacking materials along side the track to ensure that safety of trains is not affected. The following precautions shall be taken before stacking the materials along the track for stacking of ballast, rails, sleepers etc. a. The sites for material stacking should be selected in advance in such a manner as to ensure that no part of the material to be stacked is infringing the Standard Moving Dimensions. A plan of proposed stacking locations be made and signed jointly by an authorized Railway’s representative and contractor’s representative. b. The selected locations shall be marked by lime in advance. c. Presence of an authorized Railway’s representative while unloading and stacking shall be ensured. d. The material shall be stacked in such a height so as to not to infringe SOD in case of accidental roll off. 2.4 PROTECTION OF TRACK DURING EMERGENCY (i) Arrangement of lookout men and competency required for lookout man to warn labour about approaching train. a. Contractor will provide lookout men. Signature of Tenderer(s)

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86 b. The lookout men shall be properly trained in warning to staff at worksite about approaching train. c. Only those lookout men shall be provided at site who have been issued with a competency certificate by the Railway’s Supervisor. d. In case, it is felt necessary to provide lookout men by Railway, the charges for the same as fixed by Railway Administration shall be recovered from Contractor. (ii)

Training to Supervisors and Operators of Contractor.

The Supervisors and Operators of the contractor proposed to be deployed at wok site, which is close to the running track, shall be imparted mandatory training by the Railway at site free of cost 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 Officer. No Supervisor/Operator of the Contractor shall work or allowed to work in the vicinity of running track that is not in possession of valid competency certificate. All the labour, materials, tools, plants etc. except detonators, 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 Rs. 500/- per man day shall be recovered from Contractor. (iii) 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. (iv) 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. (v) 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.

(vi). The contractor shall fully responsible for ensuring safety and in case of any accident, shall bare cost of all damages to this equipment andmen and also damages to railway and its passengers.

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87 (vii)

Assistant Officer/Sr.Scale Officer shall issue competency certificate after checking license and their working to all diver of nominated vehicles/machinery. Inspector at site shall ensure that the driver who does not possess competency certificate will not work at site. 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 (viii) Vulnerable locations where construction work adjacent to running line can cause accident should be protected by suitable strong barrier which should be included as a paid item in contract schedule. This location should be decided by Executive Engineer in-charge of the work at the beginning of construction and intimated to contractor in writing. The barrier should be painted with retro reflective paint at suitable interval to give warning at night. (ix)

(x)

Nominated vehicle and drivers will be utilised for work in the presence of at least one flagman and one supervisor certified for such work. Electrical cables and singling cables are running along the railway line. Care shall be taken to protect such cables during execution and vehicle movements. Contractor shall take all required precautions as prescribed in Joint Procedural order for undertaking digging work in the vicinity of underground signaling, electrical and telecommunications cable as communicated vide Rly Board’s D.O. letter No. 2004/Sig/G/7 JPO No.1/Sig/2004 dated 17.12.2004. Tenderers can see copy of this joint procedural order in the Office of Dy. Chief Engineer (C) Wardha Successful tenderers hall obtain the copy of this order before commencement of work for their guidelines and ensuring strict compliance.

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88

IDENTITY CARD OF RAILWAY CONTRACTOR’S LABOUR

(Space for Photo)

I)

Sr.No.

II)

Name of Establishment :

III)

Name of Contractor:

IV)

Name of Contract Worker with address :

V)

Signature of Card Holder :

VI)

Signature of Contractor on the Photograph with his seal:

(Countersigned by concerned Railway)

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89 PERFORMA OF PERFORMANCE GUARANTEE BOND In consideration of the President of India ( hereinafter called “The Government”) having agreed to exempt________ (here in after called “the said contractor(s) from the demand, under the terms and conditions of an agreement dt……………. Made between…………. and ……………. for …………… (here in after called “the said agreement”) , of performance Guarantee for the due fulfillment by the said contractor/s of the terms and conditions contain in the said agreement, on production of a Bank Guarantee Bond for Rs……. ( Rs……only) 1.

We……………………( indicate the name of the Bank) hereinafter referred to as the Bank, at the request of ------------------------- contractor(s) do here by undertake to pay to the Government an amount not exceeding Rs………. ( Rs……..only) against any loss or damage caused to or suffered or would be caused to or suffered by the Government by reason of any breach by the said contractor of any of the terms or conditions contained in the said agreement.

2.

We…………… ( indicate the name of the bank) do hereby undertake ( and promise) to pay the amounts due and payable under this guarantee without any demur merely on a demand from the Government stating amount / claim is due by way of loss or damage caused to or would be caused or suffered by the Government by reason of any breach by the said contractor of any of the terms or conditions contained in the said agreement or by reason of the contractor failure to perform the said agreement. loss Any such demand made on the Bank shall be conclusive as regards the amount due and payable by the Bank under this guarantee. However, our liability under this guarantee shall be restricted to an amount not exceeding Rs……….. ( Rupees…………. Only).

3.

(a) We …………… ( indicate the name of Bank ) undertake to pay to the Government any money so demanded notwithstanding any dispute or dispute raised by the contractor(s) in any suite or proceeding pending before any court or Tribunal relating thereto our liability under this present being absolute and unequivocal. (b) 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) shall have no claim against us for making such payment.

4.

We,…………….. ( indicate the name of bank ) to further agree that the guarantee herein contained shall remain in full force and effect during the period that would be taken for the performance of the said agreement and that it shall continue to be enforceable till all the dues of the Government under or by virtue of the said agreement have been fully paid and its claims satisfied or discharged or till ……….. Office/ Department Ministry of________ certify that the terms and conditions of the said agreement have been fully and properly carried out by the said contractor(s) and accordingly discharges this guarantee. Unless a demand or claim under this guarantee is made on us in writing on or before the _____________ we shall be discharged from all liability under this guarantee thereafter.

5.

We, …………….. ( indicate the name of Bank ) further agree with the Government that the Government shall have the fullest liberty without our consent and without effecting in any manner our obligations hereunder to vary any of the terms and conditions of the said agreement or to extend time of performance by the said contractor from time to time or to postpone for any time or from time to time any to the powers exercisable by the Government against the said contractor (s) and to forbear or enforce any of the terms and conditions relating to said agreement and we shall not be relieved from our liability by reason of any such variation, or extension being granted to the said contractor(s) or for any forbearance act or omission on the part of the Government or any indulgence by the Government to the said contractor(s) or by any such matter or thing whatsoever which under the law relating to sureties would, but for this provision have affect of so relieving us.

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90 6.

This guarantee will not be discharged due to the change in the constitution of the Bank or the Contractor(s).

7.

We, ( indicate the name of the Bank ) lastly undertake not to revoke this guarantee except with the previous consent of the Government in writing.

Dated: the day of for (indicate the name of bank) Signature of Bank Authorised official (Name) Designation Full Address Witness 1…………………………………. 2………………………………..

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91

SUPPLEMENTARY AGREEMENT Articles of agreement made this day _______ in the year ________ between the President of India, acting through the ___________________ Central Railway Administration having his office at __________________ herein after called the Railway of the one part and _____________________________________ of the second part. Whereas the party hereto of the other part executed an agreement with the party hereto of the first part being agreement Number _____________dated __________for the performance ___________________________________ herein after called the ‘Principal Agreement’. And whereas it was agree by and between the parties hereto that the works would be completed by the party hereto of the second part on ______________date last extended’ and whereas the party hereto of the second part has executed the work to the entire satisfaction of the party hereto of the first part. And whereas the party hereto of the first part already made payment of the party hereto of the second part diverse sums from time to time aggregating to Rs._______________ including the final bill bearing voucher No.______________ dated ___________( the receipt of which is hereby acknowledged by the party hereto of the second part in full and final settlement of all his /its claims under the principal agreement. And whereas the party hereto of the second part have received further sum of Rs._____________ through the final bill bearing voucher No.____________ dated ______________(the receipt of which is hereby acknowledged by the party thereto of the second part) from the party hereto the first part in full and final settlement of all his/its disputed claims under principal agreement. Now, it is hereby agreed by and between the parties in the consideration of sums already paid (by the party hereto of the first part to the party hereto of the second part against all outstanding dues and claims for, all works done under the aforesaid principal agreement including/excluding the security deposit the party hereto of the second part have no further dues of claims against the party hereto the first part under the said Principal Agreement. It is further agreed by and between the parties that the party hereto of the second part has accepted the said sums mentioned above in full and final satisfaction of all its dues and claims under the said Principal Agreement. It is further agreed and understood by and between the parties that in consideration of the payment already made, under the agreement, the said Principal Agreement shall stand finally discharged and rescinded all the terms and conditions including the arbitration clause. It is further agreed and understood by and between the parties that the arbitration clause contained in the said principal agreement shall cease to have any effect and/or shall be deemed to be non-existent for all purposes.

Dy Chief Engineer(Construction) Central Railway, NGP for and on behalf of the President of India

Signature of the contractor/s Witness 1 _______________________ 2 ______________________ ADDRESS: ___________________ ***

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92

SECTION

SCOPE OF WORK & Additional Special Conditions

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93 Name of Work : Construction of Road Over Bridge (Railway portion) at LC no.103/A in Wardha- Nagpur section.

Sindi

in lieu of

*********

Scope of work. Following works are to be carried out . 1. Construction of Railway portion of ROB. One span of 54.0m Bow String Girder over existing electrified Railway tracks on WardhaNagpur Section of Central Railway with open foundation. Super Structure : 54.0m Bow string Girder as per RDSO Drg. No. 10410/R to 10410/9R. or latest RDSO Drawing. Steel Girder Fabrication should be done through RDSO approved vendors issued vide document no. QC-M-7.1-1 Ver 5.0 under “master List Approved vendors for steel Bridge Girders by RDSO Lucknow updated time to time. 2. Other related works , temporary arrangements etc required for execution of work .

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94 A) ADDITIONAL SPECIAL CONDITIONS OF CONTRACT. Notes for item no.1 of schedule B. (i)

Steel for Bow string girders should be E-250 (BR-410), e-350 (Fe-490B) E-410C (Fe-540) grade (weldable quality) steel from SAIL/TISCO /RINL and any other approved venders works/plant Registered with RDSO as per IS 2062/2011 grade “B” fully killed along with the proper test report, both physical, chemical and fabrication of steel girder at work shop as per relevant IRC/IRS codes and specification using submerged arc, welding / CO2 welding / manual metal arc welding with approved welding rods/CO2 gas, Bolts & nuts and rivets for connection of splice joints using high tensile steel / mild steel material and as per IS 1149/1148 and for inspection as per IS 822, the fabricated girder to be transported to bridge site with contractors own trailer/truck, labour, cranes etc at the cost of firm. Fabrication is to be carried out in the work shop which will be completely assembled at site before launching. Launching of bowstring steel girder assembled/pieces, over the Trussel beam of existing abutments with contractors own method and arrangement duly approved by Railway to be done in restricted time limit with or without line block at day/night time duly arranging temporary supporting arrangement, lighting arrangements if required labour, crane, crew consumables erection tools and plants etc. complete as directed by Engineer-in-charge.

(ii)

If the launching is done with the help of Road cranes the contractor has to arrange stand-by crane also before commencement of the work.

(iii)

The entire launching has to be done within specified line/power block for which no extra payment will be made.

(iv)

The Contractor will have to submit an Indemnity bond to indemnify Railway from any loss or damage to the materials. The complete responsibility for safe keeping and custody of such materials will be on contractor and Railway will not have any responsibility on this account for loss or damage. The contractor shall make good any loss or damage to material.

(v)

The fabrication has to be done win a well established/workshop satisfying STR and having guided submerged arc welding facilities.

(vi)

The work should be done as per standard welding process and system. Quality Assurance system prepared by the contractor and approved by RDSO.

(vii)

No extra payment will be made for idling of men and machineries, if the programmed line / power block is not granted.

(viii)

Diaphragm connection and riveting has to be done in–situ duly obtaining suitable line/Power block.

(ix)

During launching/erection of girder due care has to be taken to avoid toppling of girders before connecting the diaphragm to the other girders over track span under line/Power block.

General Nots for schedule B. 1. Any temporary arrangement, strengthening of members (s) if required in connection with launching of girders shall be done at contractor’s cost including restoring it back as per original standard drawing. 2. On completion of work, the contractor shall clear all temporary staging, other arrangements and obstructions. Signature of Tenderer(s)

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95 3. Contractor has to ensure proper camber as per drawing irrespective of launching scheme. 4. The rates are deemed to include all labour, tools, plants, equipments, machinery, cranes, etc. all leads, lifts, fuel, all taxes, levies, royalty, work under Traffic/power block etc. complete unless otherwise specified. 5. The welded Bowstring steel girder is to be fabricated as per the following RDSO drawings: Location & Span & Type Alignment 103A/A at Sindi in 54.00 m clear span Wardha-Nagpur (RDSO’s Bowstring Section. Girder No.B-10410/R or latest app RDSO Drg.

Details of Drawing

Drawing No.

General arrangement Drawing General arrangement RDSO/B-10410/R latest RDSO Drg. Details of steel frame RDSO/B-10410/1/R latest RDSO Drg. Details of Arch & Top RDSO/B-10410/2/R Joints latest RDSO Drg. Details of Arch & Top RDSO/B-10410/3/R Joints. latest RDSO Drg. Details of Hanger & RDSO/B-10410/4/R Joint LO latest RDSO Drg. Details of Top long RDSO/B-10410/5/R beam latest RDSO Drg. Details of Top Cross RDSO/B-10410/6/R beam latest RDSO Drg. Details of Concrete RDSO/B-10410/7/R Deck slab latest RDSO Drg. Details of Splicing RDSO/B-10410/8/R location latest RDSO Drg. Details of PTEE pot RDSO/B-10410/9R bearing latest RDSO Drg.

or or or or or or or or or or

Note : The work has to be executed as per the latest alterationdrawings. ----

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96

B)

SPECIAL CONDITIONS OF CONTRACT

1. No labour will be permitted to work without identity card duly attached with photo. The cost of identity card including photo will be borne by the tenderer. 2. Before taking a block on running line CPM/Bar chart will be required duly signed indicating daily activities and progress without which block will not be arranged. 3. Use of Railway premises should be informed in advance & should be used on prior approval of the competent authority. 4. While carrying out the excavation in the yard for executing any work all precautions should be taken to avoid damages to cables pipe lines etc and the damage cost will be borne by agency. 5. Arrangements for passing trains during execution of work to avoid detention of train movement will be made by Railways. 6. The agency will have his own arrangements for safety of life of labourer’s while working in yard to watch the movement of trains to avoid any untoward incidents including OHE installation. 7. All modern equipment’s, tools and plants including machinery’s may please be arranged to save time for completing the work at the earliest to avoid bursting of block. 8. Necessary barricades will have to be provided to restrict the movement of passengers for safety of users, along with table ,name boards as per site conditions. 9. During execution of the work including excavations, the tenderer may have to encounter electrical cables, Signaling & Telecommunication cables, other cables, water supply pipe lines, sewage & sewerage lines, other lines/complexities etc. etc. The locations and depths of these electrical cables, signaling and telecommunication cables , other cables, water supply pipe lines, sewage & sewerage lines, other lines / complexities etc. etc. are not known. The tenderer shall note this while quoting his rates. The rates shall include extra expenditure due to inconveniences / difficulties due to all these obstacles / encumbrances(all types of cables, pipe lines etc). Nothing extra shall be paid on these accounts. However, the cost of diversion of these cables, water supply pipe lines sewage & sewerage lines etc. shall be paid separately, if got done through the tenderer. 10. Similarly during execution including erection the tenderer may have to encounter inconveniences / obstacles due to O.H.E. Electrical wires & other structures. The tenderer shall note this while quoting his rates. The rates shall include extra expenditure due to inconveniences/difficulties due to all these obstacles/encumbrances(OHE electrical wires, other structures etc). Nothing extra shall be paid on these accounts. 11. In order to avoid damage to the Signaling, Tele communication and Electrical cables,A Joint Procedure Order, No.2004/Sig/G/7 (J.P.O.No.l/Sig/2004.) Dt. 16.12.2004. (Attached as Annexure I) Highlighting broad guidelines has been issued by Addl. Member (Works), Addl. Member (Tele), Addl. Member (Elect.) and Advisor (Sign.), Railway Board. Copy of the above mentioned Joint Procedure Order is attached in tender schedule. The work has to be carried out observing all the instructions provisions of this Joint Procedure Order. The tenderer/s shall quote his/their rates

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97 accordingly. The quoted rates shall be inclusive of all the expenses incurred towards observing of the various instructions provisions of the Joint Procedure Order. Nothing extra shall be paid on this account. However, if due to non-observance of the various provisions instructions in the Joint Procedure Order ,there is damage to Signaling, Tele communication and Electrical cables, the tender/s shall be held responsible for damage to these cables and the costs of repairs and detention to traffic shall be recovered from the tenderer/s / Contractor/s. Further in order to avoid damage to Signaling, Tele communication and Electrical cables, the tenderer may have to carryout the work with manual labour only, without using any machineries, such as JCB, Poclain, Bulldozer, etc. etc. The tender/s shall quote his/their rates accordingly. The quoted rates shall be deemed to include all these difficulties/expenses. Nothing extra shall be paid on trial account. (C) ADDITIONAL SPECIAL CONDITIONS OF CONTRACT:1. All the work shall be carried out as per Central Railway Specification for Materials & works unless otherwise specified elsewhere in this document. Earthwork and blanketing shall be carried out as per RDSO’s guidelines for Earthwork in Railway Project, Guideline No.GE: G-1 July-2003, IRS GE-2 Aug. 2005, RDSO’s guidelines vide ltr. No. RS/G/108/Heavy Axle Load dated 19.10.2015 and RDSO/2007/GE:0014 & updated up to date except otherwise stated in the technical specification. 2. Site Office for Engineer and other Supervisory staff :- The contractor shall arrange to provide at least one fully furnished office accommodation each of 25 sq.m. area having at least 1 room in masonry walls with attached toilet with water connection and required furniture items like tables, chairs, cupboards, lockers etc. Work includes providing electric supply & all electrical items like lights, fans and complete wiring, telephone etc. complete. The Contractor shall provide these office accommodations within 1 month from the date of the commencement of work or 1 month from the date of providing the land. No payment will however be made for site office construction. 3. Contractor shall depute two skilled and two semi – skilled staff (As and when required), as soon as acceptance letter is received by contractor to assist the Railway supervisor / site Engineer for carrying out necessary day to day works like layout marking, assisting in measurement, handling of various survey instruments, records, register etc. They shall be under exclusive and total control of Railway Supervisors / Site Engineers and no payment for this will be made. 4. Contractor shall arrange to provide transportation facility from commencement of work till completion continuously for Supervisors & staff working at site & also to carry / transportation of all required equipments, tools & plants like level, staff, theodolite etc connected with the proposed work, for their day to day movement at site and from nearest Railway station to site of work. No separate payment for these facilities shall be made. The Intending tenderers should take in to account / consider all the payable expenditure on this account while quoting the overall rate in the tender. The vehicle shall be made available within 15 days of award of work & shall be continued till 100% work is physically completed & site demobilized. This facility is incidental to the work. Hence contractor is required to provide this facility till completion of work including extended period. No additional payment shall be made for the same being incidental to the work. 5. Contractor shall arrange the computational facility for computation (1 Computer + 1 Printer multifunctional & accessories and internet facility). This facility is required mainly for (i)Preparation and printing various reports and to update the site records as per requirement. (ii) To prepare the required charts like progress report, bar chart, pert chart etc and this will be utilized at site for better and good presentation at site as per requirement with computer operator having knowledge of MS Office + Autocad. (iii) Earthwork & blanketing calculation using suitable software like E survey. AEC etc. This facility is incidental to the work. Hence contractor is required to provide this facility till completion of work including extended period. No additional payment shall be made for the same being incidental to the work. Signature of Tenderer(s)

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98 6.

Field Laboratory :(i) Scope: The work covers the provision and maintenance of an adequately equipped field laboratory as required for site control on the quality of materials and the works. The lab should be manned, managed & maintained by suitable qualified personnel from the Contractor.

(ii) The Contractor shall arrange to provide fully furnished and adequately equipped field laboratory. The field laboratory shall preferably be located adjacent to the site office of the Engineer and provided with amenities like water supply, electric supply etc.

(iii) The laboratory should have space for the installation of equipment, laboratory tables and cupboards, working space for carrying out various laboratory tests, besides a wash basin, toilet facility and a curing tank for the curing of samples, around 4m x 2m x 1m in size and a fume chamber. Wooden/concrete working table with a working platform area of about 1m x 10m shall be provided against the walls, also providing wooden cupboards above and below the working tables to store accessories such as sample moulds etc. At least 2 racks of slotted angles and M.S. sheets and at least 4 stools for laboratory test operators shall also be provided.

(iv) The contractor will provide open tank/pond of suitable size for curing of the concrete/cement cubes till they are tested.

(v) The contractor shall get a percentage of samples tested from other approved laboratories as may be directed by Engineer-in-charge as confirmatory test without any extra cost.

(vi) In the use of materials procured by the contractor/s testing as required by the codes and specifications shall be arranged by him/them at his/their own cost. If additional testing other than required by specification is ordered, the testing charges shall be borne by the Department, if the results are satisfactory and will be borne by the contractor/s, if the same are found to be unsatisfactory. (vii) In case of materials supplied by the Railway if the contractor/s demands/demand certain testing, the charges thereof shall be paid by the contractor. 7.

7.1

Codes, Manuals & By-laws :- The contractor shall arrange 1 set of all relevant IS codes, manuals, by-laws to Railways at his own cost for reference and use by Railways either in soft licenced copy or hard copy. Soft licenced copy is readily available in market & the same shall be supplied unless opted otherwise by the Engineer-in-charge. In case of failure, Railway may procure the same and recover the amount from contractor’s payments, as per the codal provision. Setting out :The contractor shall establish working Benchmarks tied with Reference Benchmark in the area soon after taking possession of the site. The value of the Reference Benchmark for the area shall be obtained by the contractor from the Engineer. The working Bench Marks/levels should be got approved from the Engineer. Checks must be made on these Benchmarks once every month and adjustments, if any, got agreed and approved by the Engineer in charge.

7.2

In order to facilitate the setting out of the works, the center line of the Bridges must be accurately established by the Contractor and approved by the Engineer.

7.3

The contractor shall establish concrete matams both sides of alignment as references and preserve the same till completion of work.

7.4

The contractor will be the sole responsible party for safeguarding all survey monuments, bench marks, beacons, etc. The Engineer will provide the Contractor with the data necessary for setting out of the centerline. All dimensions and levels shown on the drawings or mentioned in documents forming part of or issued under the contract shall be verified by the contractor on the site and he shall immediately inform the Engineer of any apparent errors or discrepancies in such dimensions or levels.

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99 7.5

The work of setting out shall be deemed to be a part of general works preparatory to the execution of work and no separate payment shall be made for the same.

7.6

“Total Station equipment”, one second Theodolite & precision automatic levels, having a standard deviation of +2mm per Km. and fitted with micrometer attachment shall be used for all setting out of the work and same should be arranged by contractor as per requirement. Use of Total Station equipment is compulsory for all setting out works as directed by Railway’s Engineer in charge. No additional payment shall be made for the same being incidental to the work.

7.7

All the above mentioned items of work are incidental to the construction work & shall not be paid separately unless otherwise specified in Tender Document.

7.8

At least one Engineer from contractor’s side shall be expert in operation of total station/one second theodolite/precision auto levels etc. and shall exclusively work on the same to ensure that the earthwork is executed as per specified alignment & levels. Any mistake in execution of earthwork pertaining to alignment & levels shall not be considered for payment & rectification will have to be done by contractor at his own cost which may be noted.

8.

The tenderer should visit the site and get himself acquainted thoroughly with the site conditions before tendering especially the constraints, encumbrances etc.& quote their rates accordingly. Tenderers are advised to examine approachability, availability of roads, water etc. Also tenderer should study the location, site conditions as well local conditions including labour etc. which are likely to be encountered where work is to be carried out. The site is approachable by main roads and village roads. However the contractor/s may have to make service/approach roads wherever required even through the private land, at their own cost and consequences. The element of making the service road with prior permission of land owner is deemed to have been considered while quoting the rates & no extra compensation or claim whatsoever will be payable to the contractor on this account.

9.

The intending tenderer are requested to survey the availability of the construction material in the project area including its availability during the construction period and its transportation to the site of work. No claim on account of non availability of materials in the vicinity of site of work, shall be entertained by Railways.

10.

No separate item is provided for jungle clearance, cutting of bushes, trees, removal of obstruction for working and marking of center line and layout for work, the cost of this work is deemed to be included in and considered, while quoting the percentage rate for this tender. Contractor will also have to clear bushes trees grass etc. free of cost in case it is required to be done and to locate any cables if any lying etc. as per instruction of Engineer at site.

11.

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 contractors on specific requisition or demand from contractors as and when they are finalized. No compensation, whatsoever, on this account shall be payable by the Railway.

12.

No claim whatsoever will be entertained by the Railway on account of any delay or hold up of the works arising out of, by or inconsequence of delay in approval of drawings, changes, modification, alterations, additions, omission & the site layout plans of 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 factors on Railway Accounts.

13.

No claim for idle labour and or idle machinery etc. on any account whatsoever will be entertained. Similarly, no claim shall also be entertained for business loss or any such loss even if preferred or raised by the contractors.

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100 14.

Photographs, site record & video film of work during execution of work : The contractor shall maintain adequate records with photography (both digital & hard copy) during the execution of entire work. For this purpose contractor shall arrange Digital Camera of 14.1 Mega Pixel Sony or equivalent and maintain the same with all accessories including operator from commencement till completion of work at his own cost.

15.

It is primary responsibility of the contractor to obtain all necessary permissions, permits / parvanas etc. from all concern authorities. However Railway may provide all necessary help for obtaining the permission. Contractor is not entitled for any compensations such as idling of machinery, staff etc. on account of any delay in work for getting these permissions.

16.

Contractor has to provide all necessary signages, boards etc. for road traffic diversion if required, being incidental to work & no extra payment for the same will be made. Contractor has to take all necessary precaution for the safety of the road traffic.

17.

While doing the work, if any obstruction is met with, such as water pipeline, sewerage, gas pipeline, electrical cable, telephone cable or any other structure which is to be cleared, it will be removed by the contractor/s for which necessary payment shall be made under appropriate items of schedule.

18.

It shall be noted that while carrying out the work, other agencies Contractor/s will also be working in the area and contractor will have to execute the work in total co-ordination with other agencies Contractor/s etc.. The contractors should ensure that no obstruction is caused to the working of other contractor in the vicinity and nuisance to the residents of the adjacent area.

19.

It may also be borne in mind that High Tension / Low tension Electrical wires are running across at the site. The contractors will have to take precaution while doing E/works including Side drains, Blanketing & all other Misc. works.

20.

Also, other underground electrical cables & pipe line of farmers / Govt. are running across the alignment. The contractors are advised to detect them in advance well before starting the excavation E/work and advise them to remove the same from the railway boundary at their own expenses / cost. No extra cost or compensation shall be paid or considered by Rlys. nor same will be quoted as reason for extension to time limit / completion if any.

21.

All excavated material will be the property of the Railway and shall be stacked as directed by the Railway as per footnote of Item 013110 only in kilometres the Railway administration found that surplus land is available for stacking the excavated material and this material can be utilised by the Railway. In current project the acquisition of land is bare minimum. As such contractor will have to dispose all excavated muck beyond the Railway Boundary at his own cost with all lead and lifts. All material so disposed will be treated as contractors property for which no additional payment will be admissible for any lead, land for disposal nor there will be any recovery by the Railway for subsidiary use of such material by the contractor adhering to State Government laws.

22.

The Railway Administration will not provide any facilities such as water, electric power, service roads etc. & tenderer will have to make their own arrangement for such services & also for camp, stacking of material etc., However, they can make use of existing service road available, if any. Railway will provide suitable space for site office, anywhere in between section as per availability of land.

23.

At the close of daily work special care is to be taken to clear sites from loose materials which can be misused for sabotage.

24.

Any items, if not required as per site conditions can be deleted / replaced or new items required to be executed will be introduced operated according to the modification of drawing or as per the instructions of

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101 Engineer-in-charge, governed by the provision of General Condition of Contract. No claim whatsoever in this regard shall be entertained or paid even if so preferred by the contractor/s. 25.

Cement of indicated approved brands shall only be used by contractor as per specification & relevant clauses in Tender document attached and the rates quoted by the contractor for various items should be inclusive of cost of their own cement.

26.

The contractor shall submit a programme for completion of the work in form of Bar / Pert chart before the commencement of work.

27.

LIST OF APPROVED MANUFACTURERS & SUPPLIERS : SN 1.

Description of material Cement

2.

Reinforcing steel bars

3. 4. 5.

Structural steel Admixture & De-shuttering oil Non shrink grout

Approved Manufacturers Ultratech, ACC, GRASIM, Ambuja, JK, & Birla or approved equivalent after due testing. All reinforcement steel (TMT Bars ) shall be procured as per specifications mentioned in BIS’s documents-IS:17862008.Independent tests shall be conducted, wherever required to ensure that the material procured confirm to the specifications. These steel shall be procured only from those firms, which are established, Reliable, Indigenous and primary producers of steel, having integrated steel plants(ISP), using iron ore as the basic raw material and having in – house iron rolling facilities, followed by production of liquid steel and crude steel, as per Ministry of Steel’s guidelines namely- i)SAIL, ii)TISCO, iii) IISCO, iv) JINDAL, v) ESSAR, vi) RINL or any other firm registered with RDSO as primary Steel producer having integrated steel plant for supply of TMT Reinforcement steel bar in Indian Railways. TISCO, SAIL, RINL,IISCO,JINDAL ,ESSAR FOSROC, SIKA or approved equivalent. FOSROC, SIKA, MBT or approved equivalent.

Note: - Contractor shall ensure that Material source and material are approved by Engineer-in-charge before commencement of work. 28.

29.

30.

Reinforcement steel of various diameters shall be supplied by the contractor as per specification and relevant clauses in Tender/Agreement attached, payment for which will be made under relevant item of schedule. All concrete shall be produced by micro processor control automatic batching and mixing plant which can either be set up especially for the work by the contractor or can be obtained from renowned and approved concrete plant (RMC Concrete) . Contractor shall obtain approval of engineer for concrete plant. Approval is always subject to change if quality of concrete supplied by plant is not satisfactory. The Railway’s decision in this matter shall be final and binding on the contractor. In unavoidable circumstances, with prior permission of Engineer-in-charge, contractor can be allowed to mix the concrete with ordinary concrete mixer, manual weigh batching and placing concrete without concrete pump or placer boom or crane& bucket method. The contractor shall submit a programme for completion of the work in form of Bar / Pert Chart before the commencement of work.

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102 32.

It is pertinent to mention that the work is scattered all along at various locations involving E/work in cutting, bank, side drains, blanketing and all other misc. works etc. in section. Considering that the entire work is to be completed in 18 months including monsoon period, contractor is required to plan simultaneous execution of various works by mobilizing required resources like E/work machinery, such as poclain, JCBs, Dumpers, including technical expertise, labour and all other resources etc, which will be critical in ensuring completion of work in 18 months including monsoon. Railways by experience have observed that the availability of good quality murum & Blanketing material becomes bottleneck sometimes in achieving desired progress. Contractor shall therefore make note of this & accordingly make timely arrangement for required materials for enabling smooth and speedy execution of work.

33.

Completion drawing: The contractor has to submit completion drawings of the work. The drawings shall be submitted on reproducible tracing films of 75 micron double matt type of approved quality available in the market of min. size 594x841 mm indicating all the details of completed earthwork along with notes of general and technical nature on the drawings. These tracing shall be got approved from the Railway and the drawing shall be treated as complete after the approval by the Railway. In addition to the completion plans the contractor shall also submit the drawing stored on CD-ROM (two CD-ROMs) in AutoCAD. They shall also require to provide 6 (six) sets of the ammonia copies of these drawings. The rates quoted by the tenderer for various item includes the rate for submission of drawings for completion plan of and nothing extra will be paid for this work. However, if contractor fails to submit the completion drawings, recovery at the rate of Rs.10,000/- per drawing shall be made from the contractor's bills.

34.

In the event of any difference of opinion in regard to any item of work not explicitly covered by specifications or codes or in regard to the Interpretation of specifications including codes, the directions and decisions of the Chief Engineer (Construction) in charge shall be final and binding on the successful tenderer. All such changes, modifications to designs and decisions shall not be entitled for any claim or compensation for payment. No plea of customs or usage shall be entertained. The tenderer should note that there may be changes after approval of drawings as per site conditions, which they are bound to carry out and comply with. There may be changes in the drawings even during the construction stage or before completion of the work and the successful tenderer shall not be entitled for any claim or compensation on this account and shall be bound to carry out without additional liability as covered in arrangement. Such changes, modifications revised drawings as may be required to suit the completion of the work. Contractor must keep one copy of each of relevant IS codes at site for record. Failure on the part of the contractor in this connection shall not be acceptable. In such event, Railway will purchase the relevant IS codes and the cost of these codes will be recovered from the contractor’s bill as per the codal provision.

35.

The contractor shall arrange for communication facility for himself and railway representative at site office at their own cost, during the entire execution period including extended period too. The following NOTES are applicable for USSOR 2011 items given in tender schedule, these are mentioned below:-

36.

NOTE: Item No.013120 – (1).The earthwork gross quantities in embankment will be reduced by 10% towards shrinkage allowance as per para 1.1.6.10. The shrinkage allowance will, however, be reduced to 5% if embankment is compacted by heavy machineries as specified in para 1.9 of Indian Railways Unified Standard Specification of Works & Manual). *****

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103

SECTION

Technical Specifications

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104

D) SPECIAL CONDITIONS OF CONTRACT - PART II (TECHNICAL SPECIFICATIONS ) D-1 SPECIFICATIONS FOR EARTH WORK (TECHNICAL): 1.1

Formation works: (i) Earthwork in Embankments with Railway’s earth. (ii) Earthwork in Embankments with Contractor’s earth. (iii) Earthwork in Cuttings in Soil. (iv) Earthwork in Cuttings in Rock not requiring blasting. (v) Earthwork in Cuttings in Rock requiring blasting. (vi) Supplying and Spreading Blanketing material.

1.2

The above item of work envisage earthwork in Railway Formations and other works incidental thereto including earthwork in level crossing, road approaches, trolley refuges, man refuges, side drains catch water drains, nallah diversions, road diversions and all other earthwork items incidental to the Railway Formation works as directed by the Engineer whose decision in this regard being final and conclusive. The earthwork and blanketing work shall be carried out as per RDSO’s guidelines vide ltr. No. RS/G/108/Heavy Axle Load dated 19.10.2015, Report No. RDSO/2007/GE:0014 “Guidelines and Specifications for Design of Formation for Heavy Axle Load”.. The reference shall be made to RDSO report GE-1 and GE-2, whoever so referred in G-14. Tenderer should go through the report before quoting rates, copy of RDSO report can be obtained from office of DYCE/C/NGP of CE/C/N on usual payment. Soft copy can be obtained free of cost. TWO layer blanketing system shall be adopted for the work. The loading standard adopted shall be 25T. Without in anyway restricting or modifying the provisions of the General Conditions of Contract in this regard, the rates for the above works shall be inclusive of all costs of the following elements. a) Site clearance &dough-belling as required; setting out profiles, maintenance and provisions of level pegs, centre line and other pegs, bench marks, providing necessary dressing and drainage of borrow pits in the Railway land as required, etc. complete with all Contractor’s labour, materials, tools, plants and machinery including fuel, crew etc. b) Excavations in borrow pits, cuttings in all types of soils, rocks etc. as applicable and in all conditions. Whether dry, moist, wet or slushy inclusive of pumping out of water as may be required for the execution of work etc. complete with all contractor’s labour, materials, explosives, other consumable materials, tools, plants and machinery, fuel crew etc. c) All leads; all crossings, of Railway lines, road and nallahs as required; all lifts & all descents etc. required for forming the embankments or disposing the excavated materials from the cuttings by stacking or in any other manner, in embankment, spoil dumps, stacks or any other location as directed by the Engineer whose decision in this regard being final and conclusive; providing earth bunds for stagnating water on embankments and dressing up of all slopes, surfaces etc. complete with all contractor labour, material, tools, plants and machinery including fuel, crew etc. d) Spreading the earth or the excavated materials from cuttings or blanketing material in layers of specified thickness adding water as required, compaction with contractor’s approved type of compacting / rolling equipment etc. complete with all contractor’s labour, materials, tools, plants and machinery, fuel, crew etc. e) For earthwork in embankments with Contractor’s earth and supplying and spreading of blanketing material in addition to the above, the rates will be inclusive of the cost of acquisition of the earth or blanketing material, by purchase of land or payment of royalty charges or in any other manner, transportation and all other incidental works, complete, for bringing the earth or blanketing material from outside the Railway land.

1.3

1.4

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105 1.5

1.6

1.7

1.8 1.9

1.10

1.11

1.12

1.13

The decision of the Engineer on the number of samples, their locations, the frequency of the extractions, soil/blanketing material characterization/field control measures to be determined from the testing of the samples, the acceptance and application of the test results to decide if the soil/blanketing material is suitable for the work and determine the quality control measures for the execution of the work etc. shall be final and conclusive. The expenditure on extraction and testing of soil/blanketing material samples (either done in lab set up by contractor or when done through an outside agency, as decided by the Engineer whose decision in this regard being final and conclusive) as mentioned herein above shall be borne by the Contractor and is deemed to have been included in the contracted rates for the work. Before commencing the work and during the progress of the work as and when considered necessary by the Engineer, the method for field control of moisture and compaction will be determined by the Engineer adopting any of the methods specified in IS-10379. All the tests required to be performed for this purpose to determine the field quality control system shall be carried out by the contractor as specified herein above with contractor’s equipment’s. For earthwork in embankments, after site clearance all pockets and depressions left in the soil, if any shall be made good and compacted. The blanketing work shall cover the entire width of the embankment and/or cutting from shoulder to shoulder. If the material is erodible, it shall be confined in a trench with berms of width as specified by the Engineer. In such cases adequate sand drains as directed by the Engineer shall be provided across the cess to drain the track and the blanket. The earthwork in embankments / spreading of the blanketing materials shall be done in layers not exceeding 600 mm thick where vibratory rollers are used, or 300 mm thick in other cases or the optimum thickness as determined after carrying out the specified field test as applicable, the thickness of the layers being reckoned in the loose state. Where the compaction is done with sheep-foot rollers, the depth of each layer of loose soil/blanketing material shall not exceed by more than 10 mm the length of their feet. The type of the rolling/compaction equipment to be used in the work, the number of passes required of the rolling/compacting equipment etc. shall be as directed by the Engineer whose decision in this regard shall be final and conclusive. The earthwork in embankments, the formation level surface of cutting and the blanketing work shall be compacted as directed by the Engineer whose decision in this regard shall be final and conclusive. The compaction should preferably be done at the OMC. Depending on site conditions, the Engineer, at his sole discretion may permit the variation in the moisture content at the compaction stage of say (-) 2% with respect to the OMC subject to the acceptance criteria for the field compacted density specified herein below being achieved. The compaction at moisture content higher than the OMC may be permitted by the Engineer at his sole discretion subject to the moisture content being less than the plastic limit for the type of material being used in the embankment/blanketing layers. Where the soil/blanketing material is dry, water shall be sprinkled either in the borrow pit or over the spread layers, as convenient, in order to attain a workable moisture content before rolling/compaction is commenced. Where the natural moisture of the soil/blanketing material in any layer is higher than OMC, soil/blanketing material may be left for drying for a suitable period till the moisture content is reduced to the OMC level or the rolling/compaction commenced under specific permission of the Engineer as provided herein above. The acceptance criteria for the compaction work shall be as under: a) Coarse grained or cohesion less soil/blanketing material which may contain fines passing 75 microns IS sieve up to 5% for plastic fines and up to 12% for non-plastic fines shall be compacted so as to obtain a minimum Density Index (Relative density of 70% as obtained in accordance with the I.S. 2720 (Part XIV). b) All other types of soils used in the embankments and all types of blanketing materials other than coarse grained blanketing material as specified herein above shall be compacted so as to obtain 95% to 98% of the MDD as determined using heavy compaction in accordance with I.S. 2720 (Part VIII)

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106 1983, the actual percentage of the MDD to be obtained within the above range being as determined by the Engineer based on the field trials carried out in the manner specified herein above. 1.14

Subject to other directives issued by the Engineer the compaction method adopted for the earthwork/blanketing layer shall ensure among other things the following. a) Each layer shall be compacted to the desired density over its entire width commencing from the two sides, before another layer is started. b) While compacting, it shall be ensured that there is a minimum overlap of 150 mm between each run of the rolling/compaction equipments. c) Care shall be taken during the rolling/compaction, to slope the surface of the embankment/blanketing material to facilitate shedding and to minimize the absorption of rainwater with special attention being given to the prevention of ponding. d) The top of the embankment/cutting surface/blanketing layer shall be finished to a slope of 1 in 30 away from the centre. e) Extra width of 500 mm shall be provided on either side to facilitate compaction to obtain a full compacted embankment mass of the final size and shape. After completing the embankment to the final height, the portion of the loose earth, if any at the edges of the above mentioned extra widths on either side which could not be compacted on account of the rolling/compacting equipment not being able to reach/compact such edges shall be cut and dressed along the slopes of the embankment. 1.15 To ensure a proper and adequate quality control of the work, the contractor among other things shall ensure the following: a) Adequate arrangements for control of compaction are provided during the construction so that the required degree of density is obtained in each layer of the earthwork/blanketing material. b) The density and CBR value of each layer of the compacted soil/blanketing materials shall be ascertained as under: i. At least one density and one CBR check for every 200 sq. m. for blanketing layer and top 1m of sub grade. ii. At least one density and CBR check for every 500 sq. m. for other than blanket layer and top 1m of sub grade. iii. In case bridge approaches or special location closer frequency may be adopted. iv. The samples for density check shall be collected either using Sand Replacement or core Cutter Method (as per IS 2720 / part-XXVIII & XXIX respectively). v. For each layer, a minimum of 1 sample at a predetermine interval (in compliance with the requirement stated in above point i& ii) along the centreline of alignment, would be taken in staggered pattern so as to attain minimum frequency of test as given in the Para 7.2.2.1 (b) of RDSO guidelines GE: G-1. For subsequent layer the staggered should be such that the point of sampling does not fall vertically on the earlier sampling point immediately below. vi. Additional sampling points can be taken as considered necessary. vii. The overall quality of work as determined from the average value of the density obtained should be equal to or more than the respective minimum compacted densities specified. viii. The quality of work shall be determined by considering the mean density of the samples in each layer. The mean dry density shall be equal to or exceed the minimum specified density. In no individual case shall the density be less than the minimum value specified by more than 2 percent; otherwise further rolling shall be done at the appropriate location. 1.16

In case of earthwork/blanketing with soil/blanketing material classified as good or cohesion less, the above mentioned tests for quality control for compaction can be suitably modified or waived at the sole discretion of the Engineer except for the top 1 m. height of the embankment/blanketing layer. This modification/waiver shall, however, be further subject to the work in the concerned section (excluding

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107

1.17 1.18

1.19

1.20

1.21

1.22 1.23 1.24

top 1 m. height) being done in the prescribed thickness of layers with watering as directed by the Engineer and the number of passes of the approved type of rolling/compacting equipment being given in the specified manner. Only after compacting each layer and the acceptance of the compaction by the Engineer or his representative, the Contractor shall be permitted to lay a further layer of the soil/blanketing material in the formation. CLEARANCE OF SITE: Before work is started the whole area between the toes of banks or tops of cuttings shall be properly and effectually cleared by the contractor of all trees, felled trees, roots, heavy grass and other obstructions and the work of this nature is deemed to be covered by the initial rate for earth work unless stated to the contrary in the contract. Any trees cut down by the contractor or any building material or any useful material released from the obstructions shall be stacked by the contractor as directed by the Engineer. All these shall be considered as property of the Railway. Trees with girth 30 cm or more as measured at the height of one meter above ground level shall be considered as large trees and clearing/felling of the same will be paid separately. DAGBELLING REFERENCE LINES: The contractor before starting work, is to demarcate with a furrow at least 23 cm wide and 15 cm deep, the toes of bank and the outside limits of cutting on both sides of the centre line, the boundary of the bottom and the top of the slopes of the borrow pit, and also lines parallel to and 60 cm. outside the toes of slopes of banks. This is to be considered as part of the setting out of work and preliminary to his being allowed to break down and this disable ling is to be maintained and renewed by him when necessary and when ordered by the Engineer. The cost of this work is deemed to be covered in the initial rate for earthwork. UNSUITABLE MATERIAL: The Engineer shall decide materials not suitable for use in the bank and his decision shall be final and binding on the contractor. When the bank crosses a tank, ditch or bed of a stream the contractor shall when so ordered by the Engineer clear mud and silt, in order to ensure a good base before the bank is commenced (excluding the bridge portion wherever it is provided). The excavations shall be paid under relevant items. PROFILES CENTRE LINES: Profiles for banks shall be setup where every cross section has been taken, and in flat country where there may be no cross-sections, at least at every 50 meters on the straight, every 20 meters on curves with radius sharper than 500 meters, Profiles shall also be setup in any additional places if ordered by the Engineer. The Contractor must at his own expense, provide all stakes, bamboos, string, pegs and labour etc. necessary in this connection, for profiles requisite for the correct execution of the work and for making out borrow pit and slopes and will be responsible to ensure that they are maintained in proper order. The cost of this is deemed to be included in the initial rate for earthwork. The Contractor before starting any work, shall take over all benchmark, centre line, tangent points, demarcation and other field stones and pegs and be responsible for their subsequent preservation and should they disappear or be destroyed after he had taken them over, he shall pay the cost of their replacement. CLODS : All large clods shall be broken up in the borrow pit or bank by Workmen specifically detailed for this work. SIDE SLOPES: Side slopes shall be carried up simultaneously with the rest of the work and not filled in afterwards. This can only be ensured by carrying out the work in the whole width from the toe of slopes going on simultaneously. BACKING TO BRIDGES: In filling in the approaches of a bridge or spandrels between arches, the earth filling shall be raised simultaneously with the wing walls in the former case and with the face walls in the latter, in order that the filling in may be well trodden down under the pact of the laborers. While filling in foundations and backing to revetments, the earthwork shall similarly be brought up level as the masonry proceeds. Filling for the backing of bridges or culverts will conform to Central Railway Specification No.204 for earth filling behind abutments and in floors or as shall be ordered by the Engineer. No extra payment will be made for carrying out the work in the manner prescribed above.

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108 1.25 USE OF SPILS FROM BRIDGE FOUNDATIONS: If the excavated earth from the foundations of a bridge is thrown up to form embankment backing for a bridge or guide bund, the same shall be deducted from the particular item and no payment beyond the excavation items of the bridge will be made. 1.26 RIVER DIVERSION:When it has been decided to divert a stream adjoining a bank, the excavation for this work is to be undertaken and completed before any borrow pit work is done at site and all earth out of such diversion is to be put into the embankment except when the Engineer orders otherwise. This quantity shall be deducted from the particular item and no payment beyond excavation items for the diversion will be made. 1.27 TURFING: When so specified, the finished and trimmed side slopes of the embankment shall be turfed with turfing material of approved species. The grass should be removed along with root in such a manner that the roots are not damaged and a handful of the original soil still clings to the roots. The grass shall be planted on the embankment slope within 6 hours of the removal from original soil. The planting shall preferably be done after a heavy shower when it can be ensured that the bank slope will remain wet for a long time after planting the grass. The work of turfing shall be paid for separately. 1.28 GULLIES AND WATER CUTS: When gullies or water cuts commence to form on the slopes of embankments or cuttings, the erosion is to be checked as early as practicable and made good with suitable material well rammed into place. When a gully or water cut has not been checked at its commencement, it must be cut/or stepped before filling it in. 1.29 DRESING OF SIDE SLOPES:In case of embankments, pitching, and/or providing agricultural soil/turfing will be done on the finished surface of the embankment. Payments for the above will be under relevant items of the contract schedule/standard schedules of rates. Pitching work shall generally conform to Railway’s specification 601. Wherever spells are used as backing material, smaller pieces shall be laid close to the embankment and larger ones away from it. The thickness of the backing material will be decided by the Engineer. Payment will be made under the relevant item of the schedule. 1.30

CATCH WATER DRAIN: When required, catch water drains will be constructed outside the top of each slope as ordered by the Engineer. The material from these drains will be deposited to make a uniform slope from the edge of the cutting towards the drain and the excavation will be paid under relevant items of the schedule.

1.31 BERM AND SPOIL BANKS:No spoil shall be deposited within a distance of 6 metres from the top edge of the slope of any cutting. The spoil heap shall be roughly dressed and shall form a continuous bund along the top of the cutting. In cutting where there is any cross fall, sufficient spoil should be thrown .on the uphill side of the cutting to supplement the catch water drains. 1.32 DRAINAGE OF CUTTINGS:In excavating cuttings, special precautions are to be taken to ensure that the excavation may drain themselves. To ensure this, the central block of earth or gullet is first to be excavated. This will be done in such a manner that the bottom of the excavation shall wherever possible, slope downwards from the centre of the cutting towards the ends. It will be made in such cuts or slopes as may from time to time be directed. In order to interconnect the borrow pits and to ensure efficient drainage, a channel should be made connecting the borrow pits on the side remote from the bank. 1.33

DETERMINATION OF SIDE SLOPES:When so ordered, the Centre portion of gullet of the cutting shall be first taken out to full width formation, to enable the Engineer to determine the slopes suitable to the particular cutting or to different lengths of it. When the gullet is out to its full depth in shallow cuttings, or to the depth of the first cut in deep cuttings, the side portions of triangular section up to the slopes may be excavated. In deep cutting the second cut will not be started until the top portion is thus completed.

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109 1.34 SPOILS PROPERTY OF THE RAILWAY:All material excavated from cuttings, suitable for pitching ballast, masonry or any other purpose whatever shall be the property of the Railway and shall be stacked or disposed of as directed by the Engineer’s representative. This is deemed to have been included in the accepted rate. 1.35

1.36

FORMATION IN CUTTING: a) The Engineer may at his discretion call upon the contractor to utilise suitable cut spoils for various works like masonry, concrete, pitching etc. forming part of the contract, in which case, a sum of Rupees as fixed per cu.m. will be deducted from the rate for the particular item of work on the finished payable quantity for the work. b) In case the formation in cuttings is in black cotton soil, excavation is to be done initially to 60 cms/45 cms. below the final formation level. On this, 45 cms. layer of granular material shall be laid and consolidated as by the Engineer. Over this surface at the discretion of the Engineer the top 15 cms. may be ordered to be carried out by spreading sand which is not required to be rolled, Payment for this excavation in the cutting below formation level and for spreading granular material or sand will be made under the relevant items of the schedule. BASIC FOR MEASURMENT: (a) Payment for earthwork in bank & cutting will be made on the basis of cross-sections taken before starting the work and final levels taken after the completion of the work. The contractors will have to sign ground cross sections in token of acceptance before starting the work and also cross sections of completed profiles after completing the work. Any discrepancies in the initial or final cross sections must be brought to the notice of the Engineer, for verification as necessary. (b) Should the Engineer so desire, he may at any stage of the work order the contractor to increase or reduce the slopes or widths of any cuttings, or bank or alter the formation level; the work actually carried out within the scope of instructions given from time to time shall only be paid for at the accepted rate. (c) Embankments are to be made up to the profile shown on the cross section. No payment will be made for extra work done outside the specified profile, except when is such work is to order by the Engineer. (d) No payment will be made for additional earthwork done over and above the specified profile in the embankments towards “Shrinkage Allowance”. (e) CUTTING LED TO BANK: Materials excavated from cutting shall be led to bank as may be decided by the Engineer and payment shall be made in the respective item. (f) The rates include lifts to all height for all works and to all depths of the foundations and banks and no extra will be paid against the lift for notwithstanding the relevant notes applicable to the respective chapter of USSOR 2011 (g) Except where otherwise directed, the inclinations of the slopes in cuttings in ordinary ground shall be approximately one horizontal to one vertical, in rock cuttings, approximately one quarter horizontal to one vertical and in embankments two horizontal to one vertical. Where there is ordinary ground above the rock in cutting, a bench shall be formed on the surface of the rock, about 0.6 metres wide, measuring from the top edge of the rock to the bottom of the slope of the ordinary ground. (h) In addition to the items which are deemed to be covered by the initial rate as already mentioned, no separate payment will be made for the following items. They will also be considered as included in the initial rate of earthwork of the bank:i. Removals of boulders from borrow pit area to facilitate operation of earth moving machines. ii. Addition of water to borrow pit soil to attain optimum moisture contents iii. Construction of approach ramps. iv. Construction of Berms, making of channel to connect borrow pits for drainage etc.

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110 (i)

2.0

FINAL MEASUREMENTS: (a) Work before being finally paid for is to be correctly brought up or carried down to proper level and to be otherwise completed in all respects. Final measurements will only be made after settlement is completed by the exposure of the bank work at least to one complete monsoon and when taken over before lapse of one monsoon by an allowance of extra earthwork for which no payment will be made sufficient to bring the earthwork to its proper level, after final settlement has taken place. Until the certified completion is obtained by the Engineer, all banks and cutting are to be maintained by the contractor, who will be held responsible for their handing over to the Railway in proper condition and for their restoration to such condition as necessary. (b) The Contractor shall make good all loss due to subsidence wastage on guttering due to rain, wind, wear, wash or from any cause whatever and shall have no claim for extra work payment on this account.

Specification for blanket material (some important provision of GE-14) Blanket: Blanket is a layer of specified coarse, granular material of designed thickness provided over full width of formation between subgrade and ballast.

2.1 SPECIFICATIONS OF BLANKET MATERIAL shall be as under: Specifications of the material for blanket layer over prepared sub-grade should be such that it is well-graded sandy gravel layer of adequate hardness. Particles size gradation curve should be more or less within Enveloping Curves of blanket material as shown in Fig. below & Grading Percentages within the range given in Table-5 of GE-14 and should also have following criteria satisfied : i) Cu > 7 and Cc between 1 and 3. ii) Fines (passing 75 microns): 3% to 10%. iii) Los Angeles Abrasion value < 35%. iv) Minimum required Soaked CBR value 25 of the blanket material compacted at 100% of MDD v) Filter Criteria shall be checked with reference to prepared subgrade/subgrade layer just below blanket layer, as given below: Criteria–1: D15 (blanket) < 5 x D85 (sub-grade) Criteria–2: D15(blanket) > 4 to5 D15 (sub-grade) Criteria–3: D50(blanket) < 25 x D50 (sub-grade) But Filter Criteria will only be for documentation, it will not be mandatory compliance for present contract. Grading Percentage of Blanket Material (Table -5 of GE-14) SL IS Sieve Size Percent Passing (by weight) 1. 40 mm 100 2. 20 mm 80 - 100 3. 10 mm 63 - 85 4. 4.75 mm 42 - 68 5. 2 mm 27 - 52 6. 600 micron 13 - 35 7. 425 micron 10 - 32 8. 212 micron 6 - 22 9. 75 micron 3 - 10 Signature of Tenderer(s)

for Dy.CE (Const) NGP

111 Enveloping Curves for Blanket Material:

2.2

Prepared subgrade/Embankment Fill: It is the upper part of embankment/cutting provided above subsoil by borrowed soil of suitable quality up to bottom of blanket/ballast. For embankment, this is imported soil whereas in cuttings it may be the naturally occurring soil of sufficient strength. Cohesionless soils shall be preferably used. The upper part of the fill is formed into a prepared subgrade layer, which normally has a cross fall. The minimum thickness of top layer shall be 100 cm and this top layer shall have a CBR value of generally 7 but not less than 6 at isolated locations. Only SQ2 or SQ3 soil shall be used. Description of Soil Quality Class is given as under: Soil Quality SQ1 SQ2 SQ3

2.3

2.4

Description w.r.t. Fine-Particles (size less Soils as per IS Classification Conforming than 75 micron) to Referred Soil Quality Soils containing fines >50 % CL, ML, CL-ML, CI, MI, CH, MH Soils containing fines from 12% to 50% GM, GC, SM, SC GW, GP, SW, SP, GW-GM, GW-GC, Soils containing fines
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