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Date: 2018.04.17 ...... Central Railway as specified in part III of the Works Hand Book issued ...... IS-2720 Part V 1985 determination of liquid and plastic limit.

1

CENTRAL RAILWAY Engineering Department (Construction)

TENDER DOCUMENT Tender Notice No.

:

CAO(C)11/2/ 2018 dated

17.04.2018

Name of work

:

“Earthwork in embankment, cutting and bridge approaches, construction of retaining wall, side drains and construction of minor bridges, RUBs, Supply of Ballast, shifting of S & T Utility, Shifting/dismantaling of Structure by ensuring Safety of existing running line, cables, OHE etc from km 317 to km 350 in connection with Daund Manmad Doubling..”

Approximate Cost Earnest Money

Rs.117.10 Crore

Completion period

30 Months (Including Monsoon).

Date & Time of submission

As per tender notice.

Date of opening

As per tender notice.

As per tender notice.

Signature Not Verified Digitally signed by OMPRAKASH R SINGH Date: 2018.04.17 Tenderer/s 19:19:20 IST Reason: IREPS-CRIS Location: New Delhi

For Chief Engineer(C) Central

2 SPECIAL INSTRUCTIONS & GUIDELINES FOR SUBMITING 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: Application 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 Receipts 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 Charted Accountant. For current year, certificate from Charted 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 Receipts 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).

Tenderer/s

For Chief Engineer(C) Central

3 (c) Affidavit verifying the genuineness of the documents submitted by the Tenderers / JV firms (as per Annexure-VII):

The Railway reserves the right to verify all statements, information and documents submitted by the bidder in his tender offer, and the bidder shall, when so required by the Railway, make available all such information, evidence and documents as may be necessary for such verification. Any such verification or lack of such verification, by the railway shall not relieve the bidder of its obligations or liabilities hereunder nor will it affect any rights of the railway there under.



In case of any wrong information submitted by tenderer, the contract shall be terminated. Earnest Money Deposit (EMD), Performance Guarantee (PG) and Security Deposit (SD) of contract forfeited and agency barred for doing business on entire Indian Railways for 5 (five) years.

(d) Copies of legal documents depending on the category of the tenderer (Details given in Tender Document). (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. 7.

Wherever submission of an original document is specified in the tender document, scanned copy of the original can be uploaded. 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. ******

Tenderer/s

For Chief Engineer(C) Central

4 CENTRAL RAILWAY Name of work: “Earthwork in embankment, cutting and bridge approaches, construction of retaining wall, side drains and construction of minor bridges, RUBs, Supply of Ballast, shifting of S & T Utility, Shifting/dismantaling of Structure by ensuring Safety of existing running line, cables, OHE etc from km 317 to km 350 in connection with Daund Manmad Doubling..” INDEX Contents COVER PAGE SPECIAL INSTRUCTIONS & GUIDELINES FOR SUBMITTING e-TENDERS INDEX TENDER NOTICE SECTION –A 1. Regulations & Conditions for Tender and contract 2. Agreement for works (Format) 3. Acceptance of Tender (Format) 4. Declaration for downloading tender document 5. Tenderer's Declaration Form (To be uploaded separately by Tenderer). 6. List of Annexures (To be uploaded by the tenderers Separately). 5.1) Annexure I : Particulars of Tenderer(s). 5.2) Annexure II : List of works completed by the Firm in last three financial years & current financial year, which satisfy the eligibility criteria of “Similar nature of works”, along with supporting Certificates issued by the concerned Government Authorities 5.3) Annexure III A: List of works on hand including description of work, contract value, and approximate value of balance work yet to be done & date of award 5.4) Annexure IV : List of personnel / organization available on hand and proposed to be engaged for the subject work. 5.5) Annexure V : List of Plant & Machinery available on hand (own) and proposed to be inducted (owned and hired to be given separately) for the subject work. 5.6) Annexure VI: Declaration For Site Visit. 5.7) Annexure VII: Affidavit verifying the genuineness of the credentials submitted. 5.8) Annexure VIII: „Mandate Form‟ for refund of EMD. SECTION –B 7.

Special Conditions of Contract

8. Annexure IX to XV of Section B SECTION –C 9. (a) Scope of work & Additional Special conditions of Contract (Part-II) SECTION –D 10. (1) General (2) Open Foundation (3) Structural Concrete (4) Form Work (5) Reinforcement (6) Miscellaneous (7)Specification For Track Ballast (8) Sketch of barricading (9) Inspection Registers and Records

Tenderer/s

Page Nos. 1 2-3 4 5-6 7 8-25 26 27 28 29-30 31 32

33 34 34 35 36-37 38 39 40-89 90-106 107 108-115 116 117-144 145-146 147-157 158-160 161-162 163-166 167-179 180-181 182-195

For Chief Engineer(C) Central

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CENTRAL RAILWAY Construction Organisation Open e-Tender Notice No. CAO(C) 11 of 2018 dated 17.04.2018 Chief Engineer(Construction)/Central, Central Railway, 6th floor, New Administrative Building, D.N. Road, CST Mumbai - 400 001, for and on behalf of President of India invites Open tenders through etendering (Two packet system), from reputed contractors for the following work. Sr. Name of the work Approx Earnest Money Cost of Completion No Tender Cost Deposit Tender period . forms 1) (i)Earthwork in embankment , cutting Rs.100.50 Rs.51,75,270/Rs.25,000/- 30 and bridge approaches, construction of Crore (Thirty) retaining wall, side drains and months construction of minor bridges, RUB‟s, including supply of ballast, shifting of S&T monsoon Utility, shifting/dismantling of structure by ensuring safety of existing running line, cables, OHE etc from Daund to Km.317 in connection with Daund Manmad Doubling project (ii)Earthwork in embankment , cutting Rs.117.10 Rs.60,05,040/Rs.25,000/- 30 and bridge approaches, construction of Crore (Thirty) retaining wall, side drains and months construction of minor bridges, RUB‟s, including supply of ballast, shifting of S&T monsoon Utility, shifting/dismantling of structure by ensuring safety of existing running line, cables, OHE etc from Km.317 to Km.350 in connection with Daund Manmad Doubling project (iii)Earthwork in embankment, cutting Rs.100.66 Rs.51,83,220/Rs.25,000/- 30 and bridge approaches, construction of Crore (Thirty) retaining wall, side drains and months construction of minor bridges, RUB‟s, including supply of ballast, shifting of S&T monsoon Utility, shifting/dismantling of structure by ensuring safety of existing running line, cables, OHE etc from Km.350 to Km.417 in connection with Daund Manmad Doubling project (iv)Earthwork in embankment, cutting Rs.105.15 Rs.54,07,650/Rs.25,000/- 30 and bridge approaches, construction of Crore (Thirty) retaining wall, side drains and months construction of minor bridges, RUB‟s, including supply of ballast, shifting of S&T monsoon Utility, shifting/dismantling of structure by ensuring safety of existing

Tenderer/s

For Chief Engineer(C) Central

6 running line, cables, OHE etc from Km.417 to Manmad (excl. Manmad entry arrangement) in connection with Daund Manmad Doubling project 2) Validity of offer 120 days from the date of opening of tender for the work. 3) Website Address http://www.ireps.gov.in 4) Availability of Tender notice document can be seen on the above website. Tender Documents 5) Date & Time of The e-tenders duly completed in all respects, alongwith the requisite Submission & documents, should be uploaded electronically on the above mentioned website, Opening of Tender upto 12.30 hrs on 28.05.2018. These tenders (Technical Bids only) will be opened on the same day after 12.30 hrs. 6) Joint Venture Firm Joint Venture (JV) firms will be allowed to participate in this tender. For detailed guidelines/special conditions pertaining to JV Firms , tenders may please refer to tender document. 7) Important note for a)The Tendering will solely be through e-tendering only. All intending tenderers tenderers need to first register with IREPS website http://www.ireps.gov.in b)Prospective tenderer/s are advised that before submitting their offer electronically, they should refer to the Tender details regarding terms and conditions, eligibility criteria etc. c)The mode of submission of cost of EMD & Tender Document (both separately), shall be through Net Banking / Payment gateway (On line payment) only, on the IREPS website (e-tender portal) http://www.ireps.gov.in d)Tender documents & 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. For any additional information / clarification contact Office of the Dy.Chief Engineer (Const) Ahmednagar, Ph No.0241-257356/55/57 on any working day between 10.00 hrs to 17.30 hrs.

(V.K. Agrawal) Chief Engineer (Const)/Central, CSMT For and on Behalf of President of India.

Tenderer/s

For Chief Engineer(C) Central

7

SECTION “A” TENDER INFORMATION

Tenderer/s

For Chief Engineer(C) Central

8 Section I REGULATIONS AND CONDITIONS FOR TENDER AND CONTRACT (PART I) 1. Meaning of Terms For these Regulations for Tender and Contract, the following terms shall have the definitions, meanings assigned hereunder except where the context otherwise required: 1.1 Railway Shall mean the President of the Republic of India or the Administrative Officers of the Central Railway or of the Successor Railway authorized to deal with any matters which these presents are concerned on his behalf. 1.2

General Manager

Shall mean the Officer in-charge of the General Superintendence and Control of the Railway and shall also include the General Manager (Construction) and shall mean and include their successors, of the successor Railway.

1.3

Chief Engineer

Shall mean the Officer in-charge of the Engineering Department of Central Railway and shall also include Chief Engineer (Construction), Chief Signal and Telecommunication Engineer, Chief Signal and Telecommunication Engineer (Construction), Chief Electrical Engineer, Chief Electrical Engineer (Construction) and shall mean & include their successors of the Successor Railway.

1.4

Divisional Railway Manager

Shall mean the Officer in-charge of a Division of the Railway and shall mean and include the Divisional Railway Manager of the Successor Railway.

1.5

Engineer

shall mean the Divisional Engineer or the Executive Engineer, Divisional Signal & Telecommunication Engineer, Divisional Signal & Telecommunications Engineer (Construction), Divisional Electrical Engineer, Divisional Electrical Engineer (Construction), in executive charge of the works and shall include the superior officers of the Engineering, Signal & Telecommunication, and Electrical Department of Railway i.e., the Senior Divisional Engineer/Deputy Chief Engineer/Chief Engineer/ Chief Engineer (Construction), Senior Divisional Signal & Telecommunication Engineer/Deputy Chief Signal & Telecommunication Engineer/Chief Signal & Telecommunication Engineer (Construction)/ Senior Divisional Electrical Engineer/Deputy Chief Electrical Engineer/Chief Electrical Engineer (Construction) and Chief Administrative Officer (Construction) and shall mean and include the Engineer of the Successor Railway.

1.6

Engineers Representative

shall mean the Assistant Engineer, Assistant Signal and Telecommunication Engineer and Assistant Electrical Engineer in direct charge of the works and shall include any Sr. Sec./Sec./Jr.Eng. of Civil Engineering/Signal and Telecommunication Engineering/Electrical Engineering Department appointed by the Central Railway and shall mean and include the Engineer's Representative of the Successor Railway.

Tenderer/s

For Chief Engineer(C) Central

9 1.7

Tenderer

shall mean the person/the firm/co-operative or company whether incorporate or not who tenders for the works with a view to execute the works on contract with the Railway and shall include their personal representatives, successors and permitted assigns.

1.8

Limited Tenders

shall mean tenders invited from all or some Contractors on the approved or select list of contractors with the Railway.

1.9

Open Tenders

shall mean the tenders invited in open and public manner and with adequate notice.

1.10

Contractor

shall mean the Person/Firm/Co-operative Society or Company whether incorporated or not who enters into the contract with the Railway and shall include their executors, administrators, successors and permitted assigns.

1.11

Contract

shall mean and include the Agreement of Work Order, the accepted schedule of rates of the Schedule or Rates of Central Railway modified by the tender percentage for items of works quantified, or not quantified, the General Conditions of Contract, the special conditions of contracts if any, the drawing, the specifications, the special specifications, if any, and tender forms, if any.

1.12

Works

shall mean the works to be executed in accordance with the contract

1.13

Specifications

shall mean the Standard specifications for materials and works of Central Railway as specified in part III of the Works Hand Book issued under the authority of the Chief Engineer or as amplified, added to or superseded by special specifications, if any.

1.14

Schedule of Rates of Central Railway

shall mean the schedule of Rates issued under the authority of the Chief Engineer from time to time.

1.15

Drawings

shall mean the maps, drawings, plans and tracings or prints there of annexed to the contract and shall include any modifications of such drawings and further drawings as may be issued by the Engineer from time to time.

1.16

Construction Plant

shall mean all appliances or things of whatsoever nature required for the execution, completion or maintenance of the works or temporary works (as hereinafter defined) but does not include materials or other things intended to form or forming part of the permanent work.

1.17

Temporary Works

shall mean all temporary works of every kind required for the execution completion and/or maintenance of the works.

1.18

Site

shall mean the lands and other places on, under, in or through which the works are to be carried out and any other land's or places provided by the Railway for the purpose of the contract.

1.19

Period of Maintenance

shall mean the specified period of maintenance from the date of completion of the works as certified by the Engineer.

Tenderer/s

For Chief Engineer(C) Central

10 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. (i) The Earnest Money of requisite amount should be paid through Net Banking OR Payment gateway only, in favour of FA & CAO(C) Central Railway, CSMT. The e- receipt of the transaction shall be uploaded with the tender. Note: No other mode of payment will be accepted for EMD. (ii) Separate transaction should be made for payment of Tender document cost of requisite amount through Net Banking OR Payment gateway only, in favour of FA & CAO(C) Central Railway, CSMT. It should NOT be merged with EMD. The e-receipt of the transaction shall be uploaded with the tender Note: No other mode of payment will be accepted for Tender Document cost. The cost of Tender Document is not refundable.. 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. Contractor‟s credentials & supporting documentation :Eligibility Criteria for Tenderers

6.

Only those firms which in their individual capacity or in Joint Venture (JV), satisfy the Eligibility Criteria, need to quote for this tender:1.

Eligibility Criteria :

1.1

Criteria (a) :- Total contract amount received during the last three financial years and in the current financial year up to the date of opening of tender, should be a minimum of 150% of advertised tender value. In case of JV firms, the contractual payment received by JV firms or the arithmetic sum of contractual payments received by all the members of JV firm in the previous three financial years and the current financial year up to date of opening of tender shall be at least 150% of the advertised tender value of the work as

Tenderer/s

For Chief Engineer(C) Central

11 mentioned in the tender.

1.1.1

2. 2.1.

2.1.1

Contractual payment received by a member in an earlier JV firm shall be reckoned only to the extent of the concerned member‟s share in that JV firm for the purpose of satisfying his compliance of the above mentioned eligibility criteria. Authentic Certificates shall be produced by the tenderer(s) to this effect, along with the Tender Offer, which may be an Attested Certificate from Employer / Client, Audited Balance Sheet duly certified by the Chartered Accountant etc. For current year, certificate from Chartered Accountant can be submitted in place of Audited Financial Statements and copy of TDS Certificate or Form 26 AS. Tenderers Credentials & Evaluation criteria for ascertaining Suitability of Tenderers: Criteria (b) :- Should have physically completed within the qualifying period i.e. the last three financial years and current financial year up to date of opening of the tender (even though the work might have commenced before the qualifying period), at least one similar single work for a minimum of value of 35% of advertised tender value as defined in Note below. In case of JV firm, either the JV firm or Lead Member of the JV firm must have satisfactorily completed in the previous three financial years and the current financial year up to date of opening of the tender (even though the work might have commenced before the qualifying period), one similar single work for a minimum value of 35% of advertised tender value as defined in note below. Note: As regards similar nature of work shall mean “Any work involving earthwork

in formation for Railway/Highway/Road/Airport Runway/Dam/Canal with or without construction of bridge/culvert/canal structures” 2.1.1.1

2.1.2 2.1.3

2.1.4

Works 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 the Tender Offer. Such of the contractors, who are engaged directly by the concessionaires / SPVs, for the works awarded by Central / State Government / Semi Government Organizations / Authorities, PSUs and Other Government undertakings to the Concessionaires / SPVs, will be considered eligible for assessing their suitability. Also, Sub–contractors employed by the contractors of the concessionaires / SPVs, will be considered eligible for assessing their suitability. This will be subject to submission of authentic certificates for the same, by the tenderer(s), from the concerned Government Authorities, along with the Tender Offer. 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, paid amount including statutory deductions is to be considered. If the final measurements have been recorded and 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. Value of a completed work done by a member in all earlier Partnership form or a JV firm shall be reckoned only to the extent of the concerned member‟s share in that Partnership firm /JV firm for the purpose of satisfying his compliance of the above mentioned condition, in the tender under consideration.

Tenderer/s

For Chief Engineer(C) Central

12 3.

Evaluation of Tenderers in case, if they are Lowest (L1) in more than one work:-

3.1

Criteria (c): In case the same firm (Tenderer) becomes L-1 in more than one tender in four sections from Daund to Manmad under Tender Notice No. CAO(C)…of 2018 dated… in such cases evaluation of the firm‟s eligibility for the tenders shall be done for the works as a whole (Combined tender value of the tenderers in which the firm becomes L-1) i.e. Total contract value received and cost of one similar work completed during last 3 financial years & in the current financial year by the firm shall be 150% &35% respectively of total tender cost of the above tenders in which they have become L-1 as mentioned above, else the firm may be considered only for one of the tender in which they have become L-1.i.e. if a tenderer is lowest in two tender of NIT value of Rs.100.00 crores & Rs. 120.00 crores, then he will be considered eligible for awarding both works provided (i) He has/they have received contractual payment of at least 150% of Rs.220.00 Crores (Rs. 100.00Cr.+Rs.120.00Cr.) i.e. Rs.330.00 Crore during the last 3 financial years & current financial year. (ii) He has/they have completed one work of similar nature (as defined in the Eligibility Criteria) of at least 35% of RS.220.00 Crore (Rs.100.00Cr + Rs.200.00Cr.) i.e. Rs. 77.00Crore. Note: (i) In case the tenderer is lowest in more than one tender under consideration and is not Eligible for combined work then he will be considered for awarding any of the works at the Sole discretion of Railway. The decision of the Railway will be final and binding on the firm. (ii) If a firm participates either in individual capacity or as member of a JV in more than one tender, then firms i.e. individual firm and or/JV firm(s) will be treated as one and the same for the purpose of eligibility in more than one tender. Further, if one firm forms JVs with different agencies for the above tenders and becomes L-1, their eligibility will be evaluated as under: Example: Suppose firm A forms two separate JVs, one with firm B and another one with firm C, for two different tenders of value Rs.10.00 Crore & Rs. 120.00 Crore i.e. AB(JV) for tender valueRs.100.00Cr. and AC(JV) for tender value Rs.120.00Cr. and the JVs i.e. &AC become lowest in two tenders, then they will be considered eligible for both the tenders provided, during the last 3 financial years and the current year. (i)

The total contractual payment received by the firm A.B &C together shall be at least 150% of Rs.220.00 Cr (RS.100.00Cr. +Rs.120.00Cr.) i.e. Rs. 330.00 Cr. Further, contractual payment received by firm A & B together shall be at least 150% of Rs. 100.00Cr. I.e.Rs.150.00Cr. and contractual payment received by firm A & C together shall be at least 150% of Rs.120.00crore i.e.Rs.180.00crore.

Lead member of the JV firm AB or the JV firm AC have completed one work of similar nature (as defined in the eligibility criteria) of at least 35% of Rs.100.00crore i.e. Rs.35.00crore, and Lead member of the JV firm AC or the JV firm AC have completed one work of similar nature (as defined in the eligibility criteria ) of at least 35% of Rs.120.00 crore i.e.Rs.42.00 Crore.

Tenderer/s

For Chief Engineer(C) Central

13 NOTE: (1) Details of Tender Notice, Tender document and corrigendum issued from time to time along with eligibility criteria are available on the web site https://www.ireps.gov.in. The necessary changes if required, would be posted on this web site during advertisement period and may be seen on web site. (2) Tenderers may participate in above E-tender electronically through website https://www.ireps.gov.in. only & submission of manual offers against E-tender are not allowed. Manual offers, if submitted shall neither be opened nor considered. (3) Tender Document cost & Earnest Money shall be paid as provided in tender document. (4) For further enquiry, may contact Dy. Chief Engineer (Const.) Office, Near Railway Station, Ahmednagar. 0241-2472119. 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. The offers of Tenderers who do not meet the eligibility criteria as mentioned vide (a) to (b) above shall not be considered. The Tenderers who fail to upload 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 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.

6.1.4. 6.1.5.

6.1.6.

6.2.

Submission / Uploading of the following documents are Essential. The tenderer should submit / upload scanned copies of these documents (whichever applicable), duly filled & signed at all pages, by the Authorised Signatory of the firm only, failing which the tender will be considered on the basis of available documents:a) Declaration for downloading tender document. b) Tenderer‟s Declaration Form c) Annexure - I : Particulars of Tenderers. d) Annexure - II : List of works completed by the Firm in last three financial years & current financial year, which satisfy the eligibility criteria of “Similar nature of works”, along with supporting Certificates issued by the concerned Government Authorities e)Annexure –III : List of works on hand including description of work, contract value, and approximate value of balance work yet to be done & date of award f) Annexure –IV : List of personnel / organization available on hand and proposed to be engaged for the subject work. g) Annexure – V : List of Plant & Machinery available on hand (own) and proposed to be inducted (owned and hired to be given separately) for the subject work h) Annexure VI : Declaration For Site Visit. i) Annexure VII : Affidavit verifying the genuineness of the credentials submitted j) Annexure VIII : „Mandate Form‟ for refund of EMD k) Attested copy of Tax Deducted at Source (TDS) certificate / Form 26AS for last three financial years & current financial year, along with any of the following documents, of last three financial years & current financial year: (i) Attested copy of Annual Income Tax returns filed with Income Tax department.

Tenderer/s

For Chief Engineer(C) Central

14 (ii) Attested copy of Audited Balance Sheet / P&L statements duly certified by the Chartered Accountant. (iii) Attested copy of Certificates from Employers/Clients about contractual payment received for the work done with various Departments/Agencies l) Earnest money in prescribed form and manner. m) Method statement, PERT Chart & Construction Schedule vis-a-vis deployment of resources. n) Only Bio-data of key personnel and/or construction Engineers to be involved in this work (No certificate to be attached) o) Affidavit of sole proprietorship / Partnership deeds / Papers of Limited Company / Papers of Joint Venture (Including MOU and supporting papers of JV). p) Power of Attorney. q) Any other document relevant for the instant tender (r) Performance record of firm last 5 years as per proforma in Cl 6.4 (s) All the members of the JV shall certify that they are not black listed or debarred by Railways or any other Ministry/Department/ PSU (Public Sector Undertaking) of the Govt. of India/State Govt. from participation in tenders/contract on the date of opening of bids either in their individual capacity or as member of the JV firm in which they were / are members. 6.3.

Tenderer‟s Special Conditions The tenderer should not stipulate any special conditions while submitting his tender. In such an eventuality, Central Railway reserves the right to reject such tenders without assigning any reasons whatsoever. Any special condition involving financial implication shall be mentioned on offer sheet only and shall clearly indicate the monetary value of that special condition. Any special condition involving financial implication without monetary value mentioned by the tenderer shall not be considered.

6.4.

Performance record for the last 5 years, showing the following may be submitted as per following Proforma 1. 2. 3. 4. 5. 6.

6.5.

Was denied credit bond or Bank Guarantee. Was incapable of performance of contract, resulting in rescinding of the same at firm‟s risk and cost. Was unable to complete awarded work. Was penalized for failure to adhere to completion date. Earned bonus for early completion. Took recourse to arbitration for settlement for disputes.

Yes / No Yes / No Yes / No Yes / No Yes / No Yes / No

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 by a Gazetted Officer. 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.

Tenderer/s

For Chief Engineer(C) Central

15 (d) (e) (f) (g) (h) (i) 7.1

Special conditions of contract (Section B). Scope of work, Additional Special Condition of Contract, Schedule of Quantities & Rates (Section C). Technical Specifications (section D). Indian Railway‟s General Conditions of Contract (G.C.C.) July 2014 (Updated upto the date). Central Railway‟s Unified Standard Specifications 2010 (As applied). Central Railway‟s Unified Standard Schedule of Rates – 2011 (Updated up to the date).

Order of Preference In case of discrepancies noticed in the description of items in Tender schedule, General condition of contract, Special condition of contract, Technical specification, Central Railway Specification, IS specification, IRC specification etc., the order of preference for acceptance will be as under :(i) Description of Items in Schedule of quantities & Rate along with foot note in item (ii) Additional Special condition of contract (iii) Special condition of contract (iv) Technical Specification in Tender documents (v) Indian Railway Standard specification including Specification published by RDSO. (vi) General Condition of Contract. (vii) Indian Standard specifications. The Railway‟s decision in this regard will be final and binding on the contractor.

8.

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.

9.

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

Drawing for the work The drawings, General Conditions of Contract and Specifications for materials and works of the Central Railway for the works can be seen in the Office of Dy. Chief Engineer(C), at any time during office hours.

10 (a) 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. (b) There are various parts of the schedules in this tender document. The Tenderer(s) are allowed to quote different percentage rate for each schedule. However, In case of „ Vitiation‟ in a contract, in view of

Tenderer/s

For Chief Engineer(C) Central

16 excess/saving 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‟ A contract shall be considered "vitiated" only when, the following percentage variation in contract value between tenderers are noticed to have been exceeded. SN Value of Contract

1 2

Small value contracts (Tender Value less than Rs 50 Lakh) Other than small value contracts (Tender Value equal to or more than Rs 50 Lakh)

Percentage difference between present Contractor and new L-1 as a result of variation, (percentage shall be calculated with base as the revised contract quantities multiplied by the rates of the present contractor) 10 5

In case of any discrepancy between the rate quoted in “Figures” and “Words”, the rate quoted in “Words” will prevail. (c) Any condition quoted by the tenderer having financial implication shall be clearly mentioned on the offer sheet itself, along with the monetary value of that condition, in absence of this, such offer shall be summarily rejected. (d) The Tenderer(s) shall quote different percentage rate for each schedule. Part offer for any schedule / item shall not be considered. (e) The tenderers should note that the item and basic rates of Master Schedule items are based on USSR2011. (f) In case of „ Vitiation‟ in a contract, in view of excess/saving 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‟. 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(Cons)/Chief Engineer/ Deputy Chief Engineer/ Executive Engineer, who does not bind himself

Tenderer/s

For Chief Engineer(C) Central

17 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) Office / 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).

20. A) Completion Period The works are required to be completed within a period of 30 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. (GCC Proforma at Annexure VII). C) Maintenance Period

Tenderer/s

For Chief Engineer(C) Central

18 The work shall be maintained after completion for a period of 12 Months by the contractor and he shall make good any defects, imperfection, shrinkage or faults which may appear, at his own cost. 21. 21.1

21.2

Partnership Deeds, Power of Attorneys etc. The tenderer shall clearly specify whether the tender is submitted on his own or on behalf of a partnership concern. If the tender is submitted on behalf of 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. 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.200/- 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 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

Tenderer/s

For Chief Engineer(C) Central

19 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. 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.

25.1

In case of Tenderer/s are Partnership firm/s, the following documents should be enclosed. a) Certified copy of Partnership Deed. b) 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.

25.2

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 duly notarized.

25.3

Partnership firm/s:  

Certified copy of Partnership Deed Copy of Certificate of Registration under Partnership Act (if Registered).

 Power of attorney, duly Notarised, in favour of the specific person, whether he/they be partner(s) of the firm or any other person specifically authorizing him/them, constituted and nominated as true and lawful Attorney to act in and on behalf of the firm to execute and perform all or any assigned acts, deeds, matters and things related to the instant tender like to sign all documents, contract agreement etc. and create liability against the firm and / or to do any other act on behalf of the firm. 25.4

Limited companies / firm/s: • Certified copy of minutes of meeting of the directors of the company in which resolution was passed to the effect of authorizing M. D. / Director / Manager or any other person of the firm/s, appointed, constituted and nominated as true and lawful Attorney to act in and on behalf of the firm to execute and perform all or any assigned acts, deeds, matters and things related to the instant tender like to sign all documents, contract agreement etc. and create liability against the firm and / or to do any other act on behalf of the firm. • Power of Attorney, duly Notarised, in the name of the Authorised person to do & act on behalf of the firm, as mentioned in Board‟s Resolution above.

Tenderer/s

For Chief Engineer(C) Central

20

25.5



Copy of Memorandum & Articles of Association of the company.



Copy of Certificate of Incorporation under Companies Act, 1956.

In case of Joint Venture (JV) Firm/s: 

Memorandum of Understanding (MOU) executed by the JV members. The complete details of the members of the JV firm, their share and responsibility in the JV firm etc. particularly with reference to financial technical and other obligations shall be furnished in the MOU (as per format given in the tender document).



Power of Attorney, duly Notarised, in the name of the Authorized Member of the Joint venture firm, to do & act on behalf of the Joint Venture firm to do various acts as assigned in the MOU (as per format given in the tender document).



Documents of all Constituent firms as mentioned vide (A) above, according to the type of firms.



An UNDERTAKING by the JV firm as under: “The parties to the MOU declare and certify that they have not been black listed or debarred by Railways or any other Ministry/Department of the Govt. of India/State Govt. from participation in tenders/contract on or before the date of opening of bids either in their individual capacity or the JV firm or partnership firm in which they were member/partners.”

26

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 activities

Tenderer/s

For Chief Engineer(C) Central

21 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.

Verification of Credentials: Each page of the copy of documents/certificates in support of credentials, submitted by the tenderer, shall be self-attested/digitally signed by the tenderer or authorized representative of the tendering firm. Self-attestation shall include signature, stamp and date (on each page) only those documents which are declared explicitly by the tenderer as “documents supporting the claim of qualifying the laid down eligibility criteria”, will be considered for evaluating his/their tender. The system shall be applicable once it is made operational in IREPS.

27.1 "The tenderers shall submit a notarized affidavit on a non-judicial stamp paper stating that they are not liable to be disqualified and all their statements/documents submitted along with bid are true and factual. Standard format of the affidavit to be submitted by the bidder is enclosed as annexure-VII. Non submission of an affidavit by the bidder shall result in summary rejection of his/their bid. And It shall be mandatorily incumbent upon the tenderer to identify, state and submit the supporting documents duly self attested by which they/he is qualifying the Qualifying Criteria mentioned in the Tender Document. It will not be obligatory on the part of Tender Committee to scrutinize beyond the submitted document of tenderer as far as his qualification for the tender is concerned” Based on this affidavit, Tender Committee will deliberate and decide eligibility of tenderers for Technical Bid. However, the suitability/eligibility of shortlisted tenderers will be provisional and same shall be subject to verification of their credentials from issuing authority. Price Bid of only eligible tenderers will be opened and relevant document of lowest eligible tenderer will be got verified. If contents in documents submitted by tenderers are found to be incorrect / false, action will be taken against such tenderers as per provisions contained in Affidavit submitted by them as annexure VII. In such eventuality, next lowest eligible tenderer / offer will be considered. 27.2 If the Tenderer(s) fail to submit the Affidavit as prescribed in clause 27 above along with his / their offer Technical Bid, his / their offer shall be considered incomplete and will be summarily rejected.

Tenderer/s

For Chief Engineer(C) Central

22 28

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.

29

Equipment & Machinery Tenderer/s have to deploy the minimum plant and machinery on this work to achieve the required progress as per agreed programme to achieve the progress of work all the time. Contractor has to deploy equipment and machinery as per approved planning / programme, BAR CHART matching with the progress of the work. In case the tenderer/s fails to deploy the plants and machinery as per agreed programme / planning resulting in slow progress, action as per clause 62 of G.C.C. may be taken by Railways & penalty as decided by Engineer in charge may be imposed. Decision of Engineer-in-charge in this regard will be final and binding on to tenderer/s.

30

Planning for Progress

30.1 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 work of other contractor‟s are not affected adversely.

30.2 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. 31

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

32. Constitution of the firm 32.1 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.

Tenderer/s

For Chief Engineer(C) Central

23 32.1 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. 32.3 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. 32.4 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. 32.5 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.

32.6 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. 33.

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 FOR NEGOTIATION 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. 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.

34.

Validity of offer The tenderer/s shall keep the offer open for a period of 120 days from the date of opening of the tender in which period tenderer/s cannot withdraw his/their offer subject to period being extended further, if required, by mutual agreement from time to time. It is understood that the tender documents have been sold/issued to the tenderer/s and tenderer/s is/are being permitted to in consideration of stipulation on his/their part that after submitting his/their offer he/they will not resile from his/their offer or modify the terms and conditions thereof in a manner not acceptable to Central Railway should the tenderer/s fail to observe to comply with the foregoing stipulation or fail to undertake the contract after acceptance of his/their tender the entire amount deposited as

Tenderer/s

For Chief Engineer(C) Central

24 earnest money for the due performance of the stipulation & to keep the offer open for the specified period, shall be forfeited to the Railway. 35.1

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

35.2

Tenderers can quote different rates for all the “Schedule 1 Part A1-E/W, Schedule 2-Part A2-Steel Items, Schedule 3-Part A3-Cement Items, Schedule 4-Part A4 NS Items for E/W & Exploration and Design of formation, Schedule 5-Part A5-NS Items Blanketing & Supply of ballast, Schedule 6-Part B1-USSR Items Bridgework, Retaining Wall, Side/Catch Water Drain, Schedule 7-Part B2 Lump-Sum Items, Schedule 8-Part B3 Non Schedule Items Bridgework, Schedule 9-Part B4-NS Items S&T Utility Shifting & Schedule 10-Part B5-NS Items Telecom Portion”. The rates should be quoted in figures as well as in words. In case of „ Vitiation‟ in a contract, in view of excess/saving 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‟. 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.

35.3

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.

35.4

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. In case of JV digital signature registered in the name of Lead Member can be used to submit the tender. Tenderer shall submit any clarification regarding digital signature during the finalization of tender, if required.

35.5

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

35.6

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.

35.7

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.

35.8

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

35.9

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

For Chief Engineer(C) Central

25 tenderer/s as per eligibility criteria. The tenderer/s is/are therefore, advised to submit all documents in one go with the offer. 36. 36.1

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.

36.2

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.

36.3

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.

36.4

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.

36.5

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.

36.6

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.

36.7

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

36.8

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

Tenderer/s

For Chief Engineer(C) Central

26 AGREEMENT FOR WORKS (FORMAT) CONTRACT AGREEMENT No._____________________Dated______________ Articles of Agreement made this ______ day of __________________, between the President of India acting through the Railway Administration hereinafter called the “Railway”, of the one part and M/s_______________________________________, hereinafter called the “Contractor” on the other part. Whereas the Contractor has agreed with the Railway for the performance of the works of ____________________________________ (Name of work), set forth in the schedule hereto annexed upon the General Conditions of Contract and the Specifications of the Central Railway and the special conditions and special specifications, if any and in conformity with the drawings hereunto annexed and whereas the performance of the said work is an act in which the public are interested. Now this indenture witnessed that in consideration of the payments to be made by the Railway, the contractor will duly perform the said works in the said schedule set forth and shall execute the same with great promptness, care and accuracy in a workman like manner to the satisfaction of the Railway and will complete the same in accordance with the said specifications and said drawings of conditions of contract on or before the _______ day of ________________ and will maintain the said works for a period of ______________ calendar months from the certified date of their completion and will observe, fulfill and keep all the conditions therein mentioned (which shall be deemed and taken to be part of this contract as if the same had been fully set forth herein) and the Railway do hereby agree that if the Contractor shall duly perform the said works in the manner aforesaid and observe and keep the said terms and conditions, the Railway will pay or cause to be paid to the contractor for the said works onto final completion thereof the amount due in respect thereof at the rates specified in the schedule hereto annexed.

Chief Engineer (Const.)/Central CSTM of the CENTRAL RAILWAY For and on behalf of The President of India Date: ______________ Signature of witness Contractors Address

Witness: 1…………………….. 2. ……..……………..

Tenderer/s

For Chief Engineer(C) Central

27 ACCEPTANCE OF TENDER (FORMAT) I accept the Tender on reverse and agree to pay the rate as entered in the schedule of rates and quantities at percent ABOVE/BELOW/AT PAR with the schedule of rates and quantities for USSR Items and at rates indicated below for N. S. items.

Verified from Original Tender, TCM, Acceptance Letter and Found Correct

Sr. SO (A/cs), Ahmednagar

Chief Engineer (Const.)/Central CSTM of the CENTRAL RAILWAY For and on behalf of the President of India. Date ………………….

Witnesses

(1)

---------------------------------------

(2)

---------------------------------------

Tenderer/s

For Chief Engineer(C) Central

28 DECLARATION FOR DOWNLOADING TENDER DOCUMENT [Para 6.2(a)] Following declaration on the Firm‟s letter head, with digital signature of the Authorised Signatory (by name or designation) of the Tenderer / JV firm only:I/We have downloaded the tender document from the website www.ireps.gov.in, and uploaded the same with digital signature of the Authorised Signatory (by name or designation) of the firm only. 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………………………

…………………………

…………………………

Tenderer/s

For Chief Engineer(C) Central

29 TENDERER‟S DECLARATION FORM The President of India Acting through the Chief Engineer (Const.)/ of the CENTRAL RAILWAY.

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 120 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 “ (Name of work)” at per cent above/below/at par with the Central Railway USSOR 2011 and/or for NS items mentioned in the attached schedules and herby bind myself/ourselves to complete the work in 30 months ( Thirty 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 Railway‟s 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 commerce 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. Conti…….

Tenderer/s

For Chief Engineer(C) Central

30

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 (To be signed by the Authorised Signatory / POA holder of Tenderer / JV firm)

---------------------------

Date: Signature of Witnesses: (1)------------------------------(2)------------------------------

*****

Tenderer/s

For Chief Engineer(C) Central

31 Annexure-I PARTICULARS OF TENDER(S) [Para 6.2(c)] 1. Full name of Tenderer (if JV name of JV shall be given and not of any Constituent member)

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, Email address 5. Details of Constitution of firm, names of Proprietor/ Partners/ Directors or Executives of company/Members of JV, etc.

6. Name of authorized person having Power of Attorney 7. Name of authorized person having digital signature

8. Particulars of Registration with Government/ SemiGovt. Organization, Public Sector Undertaking & Local Bodies etc.

9.

GSTIN and State of registration

Tenderer/s

For Chief Engineer(C) Central

32 Annexure-II LIST OF WORKS COMPLETED [Para 6.2(d)] List of works completed by the Firm in last three financial years & current financial year which satisfy the eligibility criteria of “Similar nature of works” in the following format, along with supporting Certificates issued by the concerned Government Authorities, for the works executed for Central/State Government/Semi Government Organizations/ Authorities, PSUs and Government of India Undertakings shall be produced. Sr No

Name of Work

1

2

Name of Organization for whom executed and Contract awarding authority 3

Date of Finish Scheduled Actual 9

10

Address 15

Contract agreement No and date of Award

4

Period of completion Schedule Actual d 11 12

Approx Value of contract Agreemen Final t value Value

5

6

7

8

Main features of the work

Remarks

13

14

Details of Issuing Authority Telephone No Fax Number 16

Date of Commencement Scheduled Actual

17

Email id 18

Note: (i) Certificate from private individuals for whom such works are executed/ being executed shall not be accepted.

Tenderer/s

For Chief Engineer(C) Central

33 Annexure-III LIST OF WORKS ON HAND [Para 6.2(e)] Sr No

Nam e of Work

1

Name of Organizati on for whom executed and Contract awarding authority

2

3

Date of Finish Schedule d 10

Expect ed 11

Contract agreement No and date of Award

4

Period of completion Schedule Expect d ed 12 13

Approx Value of contract

Agreeme nt Value

Payment received

5

6

% age Progress Physical 14

Financi al 15

Date of Commencement

Approx. balance to be received 7

Schedul ed

Actua l

8

9

Reasons for Delay, if any

Main features of the work

Remarks

16

17

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.

Tenderer/s

For Chief Engineer(C) Central

34 Annexure-IV LIST OF PERSONNEL/ORGANISATION AVAILABLE ON HAND AND PROPOSED TO BE ENGAGED FOR THE SUBJECT WORK [Para 6.2(f)] 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)

Annexure-V LIST OF PLANT & MACHINERY AVAILABLE ON HAND (OWN) AND PROPOSED TO BE INDUCTED (OWNED AND HIRED TO BE GIVEN SEPARATELY) FOR THE SUBJECT WORK [Para 6.2(g)] A. LIST OF OWNED PLANT & MACHINERY PROPOSED TO BE INDUCTED B. 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.

Tenderer/s

Particulars of equipments

No. of units

Capacity

Remarks

For Chief Engineer(C) Central

35 Annexure-VI DECLARATION FOR SITE VISIT [Para 6.2(h)] Name of work: (As per tender notice) 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.

Signature of Tenderer(s)

Tenderer/s

For Chief Engineer(C) Central

36 Annexure VII AFFIDAVIT VERIFYING THE GENUINENESS OF THE CREDENTIALS SUBMITTED [Clause 27] [To be executed in presence of Magistrate / Public Notary on Non-judicial Stamp paper of the value of Rs.100/-. The Stamp paper has to be in the name of the tenderer]** I, ___________________________________ (name and designation)** appointed as the Attorney / Authorised Signatory of the tenderer (including its constituents), M/s ___________________________________________ (hereinafter called the tenderer) for the purpose of the tender documents for the work of ___________________________________ (Name of work) as per the Tender Notice No. ____________ dated _________ of Central Railway, Survey & Construction, do hereby solemnly affirm and state on the behalf of the tenderer including the constituents as under: 1.

I/We the tenderer(s) am/are signing this document after carefully reading the contents.

2.

I/We the tenderer(s) also accept all the conditions of the tender and have signed all the pages in confirmation thereof.

3.

I/We hereby declare that I/We have downloaded the tender documents from Indian Railway website www.ireps.gov.in. I/we have verified the content of the document from the website and there is no addition, no deletion or no alteration to the content of the tender document. In case of any discrepancy noticed at any stage i.e. evaluation of tenders, execution of work or final payment of the contract, the Master Copy available with the Railway Administration shall be final and binding upon me/us.

4.

I/We declare and certify that I/We have not made any misleading or false representation in the forms, statements and attachments in proof of the qualification requirements.

5.

I/We also understand that my/our offer will be evaluated based on the documents/ credentials submitted along with the offer and same shall be binding upon me/us.

6.

I/We declare that the information and documents submitted along with the tender by me/us are correct and I/We are fully responsible for the correctness of the information and documents, submitted by us.

7.

I/We undersigned that if the certificates regarding eligibility criteria submitted by us are found to be forged/false or incorrect at any time during process for evaluation of tenders, it shall lead to forfeiture of the tender EMD besides banning of business for five year on entire IR. Further, I/We (insert name of tenderer)** ____________________________ and all my/our constituents understand that my/our offer shall be summarily rejected.

Contd…. Annexure-VII

Tenderer/s

For Chief Engineer(C) Central

37

8.

I/We also understand that if the certificates submitted by us are found to be false/forged or incorrect at any time after the award of the contract, it will lead to termination of the contract, along with forfeiture of EMD/SD and Performance Guarantee besides any other action provided in the contract including banning of business for five years on entire IR. DEPONENT Seal and Signature of the Tenderer/s

VERIFICATION I/We above named tenderer do hereby solemnly affirm and verify that the contents of my/ our above affidavit are true and correct. Nothing has been concealed and no part of it is false.

DEPONENT

Seal and Signature of the Tenderer Place: _______________ Date: _______________ ** The contents are only for guidance purpose. Details as appropriate, are to be filled in suitably by the tenderer. Attestation to be done before the Magistrate / Notary Public.

Tenderer/s

For Chief Engineer(C) Central

38 Annexure VIII MANDATE FORM FOR REFUND OF EMD

1.

Customer's Name / Name Tenderer / Name of Agency :

2.

Name of Bank :

3.

Name of Branch & Address :

4.

Telephone Number of Bank:

5.

E – Mail address of Bank :

6.

Type of Account :

7.

Account No. :

8.

IFSC Code of Bank :

9.

MICR Code of Bank :

of

Certified that the particulars furnished above are correct as per our records. Signature: _____________________

Stamp of Bank : _________________ ---------------------------------------------------------------------------------------------------------------Declaration of Tenderer / Agency 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. Signature of Tenderer: ____________________ Mobile No. of Tenderer : _________________ email address of Tenderer : _______________ Seal of the firm : _______________________

Tenderer/s

For Chief Engineer(C) Central

39

SECTION “B” SPECIAL CONDITIONS OF CONTRACT

Tenderer/s

For Chief Engineer(C) Central

40 Section B 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 subchapters 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 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.

Tenderer/s

For Chief Engineer(C) Central

41

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: The Earnest Money of requisite amount should be paid through Net Banking OR Payment gateway only, in favour of FA & CAO(C) Central Railway, CSMT. The e-receipt of the transaction shall be uploaded with the tender. Note: No other mode of payment will be accepted for EMD. 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.

Tenderer/s

For Chief Engineer(C) Central

42 (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 Sub-Clause(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 whichever is less; Also, FDR in favour of FA&CAO(C) Central Railway, CST Mumbai (free from any encumbrance) may be accepted.

Tenderer/s

For Chief Engineer(C) Central

43 Note :- The instruments as listed above will also be acceptable for Guarantees in case of Mobilization Advance. (c)

The Performance Guarantee shall be submitted by the successful bidder after the Letter of Acceptance (LOA) has been issued, but before signing of the contract agreement. This 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.

9.0

HIRE OF PLANT & MACHINERY AND OTHER FACILITIES

9.1.

The contractor shall make his own arrangements for all plant and machinery other facilities equipments, tools, including spare parts, fuel and consumable stores, and all labour and other 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.

Tenderer/s

For Chief Engineer(C) Central

44 9.2.

On the contractor‟s request, the Railway may, however, give on hire plant and machinery/other facilities, equipment and tools, if available spare with the Railway, without any 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

SUPPLY OF MATERIALS BY RAILWAYS

10.1

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 subpara above.

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.

Tenderer/s

For Chief Engineer(C) Central

45 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.

11.0

SUPPLY OF MATERIALS BY THE CONTRACTOR/S 11.1

11.2 11.3

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

SETTING OUT OF WORKS

12.1.

The Contractor/Contractor‟s nominated/authorized engineer shall set out the works with his own labour, instruments and materials and shall be responsible for the true and perfect setting out of the dimensions and alignment thereof. If at any time any error in this respect shall appear during the progress of the work, the contractor at his own expense should rectify such error if so required, to the satisfaction of the Engineer. The contractor shall be responsible for maintaining the accuracy of the alignment, positions, levels and of the work in accordance with the drawings, directions or instructions given from time to time to him and every facility shall be given to the Engineer for checking of the same. The contractor at his own cost shall rectify and error in the dimensions, alignments positions or levels of work set out or constructed by him to the satisfaction of the Railway Engineer.

12.2.

Adequate numbers of stable reference, survey platform suitable size at top of towers supported on steel trestles of sufficient height for layout of bridge alignment, for setting up survey equipments, direct observations from apex points to apex points on curves, over the hutments shall be provided with

Tenderer/s

For Chief Engineer(C) Central

46 contractors own material and his own cost. Engineer‟s decision in this regard is final & binding on the contractors. 12.3.

12.4.

The work shall be set out by the contractor to the satisfaction of the Engineer but his approval there shall not or his joining with contractor in setting out the work, shall not relieve the contractor from his entire and sole responsibility therefore. The contractor shall also provide, fix and be responsible for the maintenance of all stakes, profiles, levels, marks, points etc., must take all necessary precautions to prevent these being removed, altered or disturbed and will be held responsible for the consequences of such removal, alterations or disturbances should the same take place, and for their efficient reinstatement.

12.5.

The contractor shall use modern survey precision equipment, such as accurate lasers, one second least count theodolite of approved make, electronic distance meter of approved type with standard deviation + 5 mm. Per kilometer and precise leveling instrument of approved type.

13.

SUPPLY OF WATER AND ELECTRICITY

13.1.

The contractor shall make his own arrangements for water supply. Wherever it is convenient to the Railway administration, the water from piped supply may be made available to the contractor, provided the contractor shall 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.

13.2.

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.

13.3.

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.

13.4.

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.

14

TAXES, ROYALTIES AND PATENT RIGHTS All the bidders/tenders should ensure that they are GST compliant and their quoted tax structure/rates are as per GST Law. (Authority Railway Board Letter No 2008/RS(G)/777/1 New Delhi, dated 29.05.2017)

Tenderer/s

For Chief Engineer(C) Central

47 The following clauses shall be applicable to the contract. (Authority HQ‟s letter No. EW/187/R/Royalty/III Dt.26.10.2010).

14.1

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).

14.2

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. (i) The rate of royalty considered in the rates of tender schedule are as per rates circulated by the Government of Maharashtra vide Govt. Notification No. GouKhani.10/1012/C.R.603/kh. Dt.11.05.2015 :- which is Rs 400/- per brass for Earthwork. (ii)The rate of royalty considered in the rates of tender schedule are as per rates circulated by the Government of Maharashtra vide Govt. Notification No. GouKhani.10/0116/l. N.28/B. Dt.03.02.2016 :-which is Rs 300/- per brass for ballast supply. 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.

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 effected 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 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

Tenderer/s

For Chief Engineer(C) Central

48 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. 14.2

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.

14.3

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

15.

PAYMENT OF ROYALTY CHARGES :

15.1

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 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.

16.

LEGAL CHARGES A fee of Rs. 200/- per legal document like partnership deed or power of attorney executed before or after the execution of the contract will be recovered from the contractor for obtaining legal Advice in the Law Officer.

Tenderer/s

For Chief Engineer(C) Central

49 17.

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.

18.

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/CE-I/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. 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.

Tenderer/s

For Chief Engineer(C) Central

50 (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. It should be certified that the work proposed to be reduced will not be required in the same work.

(c)

4). The limit for varying quantities for minor value items shall be 100% (as against 25% prescribed for other items). A minor value item for this purpose is defined as an item whose original agreement value is less than 1% of the total original agreement value. 5). No such quantity variation limit shall apply for foundation items. 6). As far as SOR items are concerned, the limit of 25% would apply to the value of SOR schedule as a whole and not on individual SOR items. However, in case of NS items, the limit of 25% would apply on the individual items irrespective of the manner of quoting the rate (single percentage rate or individual item rate). 7). For the tenders accepted at 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”.

Tenderer/s

For Chief Engineer(C) Central

51 19.

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.

20.

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.

21.

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.

22.

LAND, SERVICE ROADS, APPROACHES 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.

23.

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.

24.

The tenderer should note that the rates quoted shall embrace all operations necessary for the satisfactory completion of the work to finish and shall include all charges for handling, transport, lead, lift, labour, housing, sanitation, water supply materials fuel, tools and plants, electric power, workshop facilities, machinery security, lighting etc. and all other expenses of every kinds.

Tenderer/s

For Chief Engineer(C) Central

52 25.

EMERGENCY WORK 25.1

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.

25.2

In terms of clause 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.

25.3

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

25.4

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

25.5

The contractor shall be paid hire charges including all cost like manpower, fuel etc., for the drafted vehicles / equipment by operating suitable Non Schedule items at the rates decided mutually between the Engineer and the contractor. Operation of Non Schedule item will be approved with vetting of associate finance by Dy.CE(C) operating the contract. However, if the contractor is not satisfied with 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.

25.6

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.

25.7

The contractor shall provide following information about the vehicle / equipment available with them at the time of entering into contract. S.N.

Tenderer/s

Particulars of vehicle/equipment

No. of kind / Capacity make unit

Age & condition

Present location

Remarks

For Chief Engineer(C) Central

53 26.

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.

27.

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.

28.

PATENT RIGHTS 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 in consequence 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.

29.

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.

30.

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.

31.

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.

32.

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

Tenderer/s

For Chief Engineer(C) Central

54 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 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. 33.

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.

34.

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.

35.

SITE INSPECTION BY ENGINEER OR HIS REPRESENTATIVE 35.1 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. 35.2

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.

35.3

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.

35.4

Inspection Registers and Records :- The contractor shall maintain accurate records, plans and charts showing the dates and progress of all main operations and the Engineer and his representative shall have access to this information at all times. Records of tests made shall be handed over to the Engineer's representative after carrying out the tests. The following registers will be maintained at site, by the contractor and signed by Railway‟s representative.

Tenderer/s

For Chief Engineer(C) Central

55 i.

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

ii.

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

iii.

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

iv.

Pre-stressing Register – The details of Pre-stressing cables/strands, their actual lengths, profile details, stressing details, grouting details etc. shall be maintained in this register.

v.

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

vi.

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

vii.

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

viii.

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

ix.

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.

x.

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. ill be the property of the Railway. As per HQ vide letter No. EW/187/R/465/Wks.Policy/X Dt 11.01.2018 some Inspection Registers and Records attached. Which is part of “Technical Specification”.

36

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.

37.

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

Tenderer/s

For Chief Engineer(C) Central

56 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.

38.

GENERAL 38.1 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. 38.2

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.

38.3

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.

38.4

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.

38.5

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.

38.6

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.

38.7

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

Tenderer/s

For Chief Engineer(C) Central

57 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. 39.

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.

40.

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.

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. (5) In every case in which, by virtue of the provisions of the aforesaid Act or the Rules, the Railway is obliged to pay any amount of wages to a workman employed by the Contractor or his sub-contractor in execution of the work or to incur any expenditure 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

Tenderer/s

For Chief Engineer(C) Central

58 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. 41.

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.

42.

BLASTING

42.1

In the procurement, transport, storage, issue and use of explosives, the contractor shall abide by the specification and provisions incorporated in the IS Specification No.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.

42.2.

Prior to carrying out any blasting the contractor shall obtain the concurrence of the engineers and shall be at all times bound to carry out his instructions regarding provision of blanketing, the type, number, size and placing and firing of charges. Where the blasting 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.

42.3.

The traffic and power blocks required for carrying out the blasting will be settled in advance and the contractor will be advised of the availability of blocks 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.

43.

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.)

Tenderer/s

For Chief Engineer(C) Central

59 d. In case of nonpayment through ECS/EFT or where ECS/EFT facility is not available, payment will be released through cheques. 44.

RATES FINAL AND BINDING EXCEPT FOR EXCALATION FORMULA

44.1

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.

44.2

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.

44.3

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 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.

44.4

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.

44.5

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

Tenderer/s

For Chief Engineer(C) Central

60 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. 44.6

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.

44.7

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.

44.8

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.

44.9

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.

44.10

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.

44.11 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. 45.

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.

46.

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). 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.

46 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

Base Month: The Base Month for „Price Variation Clause‟ shall be taken as month of

Tenderer/s

For Chief Engineer(C) Central

61

A.3

A.4

A.5

A.6

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 Fixed Component *

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

55% 15% 15% 15%

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

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)

Tenderer/s

W x (Lq – Lb) Lc L = ------------------ x --------

For Chief Engineer(C) Central

62

(ii)

(iii)

(iv)

(v)

(vi) (vii)

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

Lb

Tenderer/s

Amount of price variation in Labour. Amount of price variation in Materials. Amount of price variation in Fuel. Amount of price variation in Explosives. Amount of price variation in Detonators. Amount of price variation in Steel. Amount of price variation in Cement. Amount of price variation in Concreting. Amount of price variation in Ferrous 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.

For Chief Engineer(C) Central

63 Lq

Mb Mq

Fb Fq

Eb

Eq

Db

Dq

Sw Sq

Sb

Cv Cb Cq

Cs

Tenderer/s

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. SAIL‟s (Steel Authority of India Limited) ex-works price plus application 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. (As per Railway Board letter No.2017/CE-I/CT/4/GST ,dtd.05.07.2017) SAIL‟s ex-works price plus application 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. (As per Railway Board letter No.2017/CE-I/CT/4/GST ,dtd.05.07.2017) 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

For Chief Engineer(C) Central

64 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.

Co Rt Ro Pt Po Zt Zo It Io

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 application GST and Cess on GST (if any) thereof, shall be as under: (As per letter No.2017/CE-I/CT/4/GST ,dtd.05.07.2017)

SL

1 2 3 4 5

A.10

Category of Steel Supplied In Railway Work

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

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

Tenderer/s

For Chief Engineer(C) Central

65 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.

47.

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.

48.

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.

49.

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

50.

CONSTRUCTION PROGRAMME Construction work should be planned in such a way, that there will be unhindered progress of the bridge construction. For this purpose, construction programme will be finalised by the contractor in consultation with Engineer of CENTRAL RAILWAY, Mumbai whose decision will be final & binding. Apart from the above, the contractor shall afford all reasonable facilities to other contractors employed by CENTRAL RAILWAY, Mumbai 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.

51.

COMPLETION DRAWINGS Contractor should submit to Railways 1 set of completion drawings (all detailed drawings) after completion of work, on polyester based tracing films (75 microns thick, one side mat of superior quality) in black indelible ink duly incorporating all additions and alterations in red ink along with a copy of the same on a CD, 6 blue prints and 1 copy on RTF. It will be paid under relevant item.

52.

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

Tenderer/s

For Chief Engineer(C) Central

66 (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. 53.

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.

54.

ALTERNATIVE DUE TO REJECTED WORK In the event of any sub-structure or 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.

55.

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)

56. 56.1

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: . (i) Becomes bankrupt or insolvent, or (ii) 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

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67 (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 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. 56.2

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

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68 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. 57. SETTLEMENT OF DISPUTES 57.1 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). 57.2.

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.

57.3

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

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

Tenderer/s

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

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69 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

57.4.

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.

57.5.

Arbitrators to be appointed only by General Manager of Railways

57.6.

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

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70 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 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

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71 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. 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

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72 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 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

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73 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.

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. 58.

GST/TURNOVER/LOCAL TAX OR ANY OTHER TAX, ETC. All the bidders/tenders should ensure that they are GST compliant and their quoted tax structure/rates are as per GST Law. The element of GST including Turn Over Tax on works contract, Octroi, Royalty, Toll Tax, Local Tax, 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. GST/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. 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.

59.

SPECIAL CONDITIONS FOR TENDER DOCUMENT SUBMITTED ONLINE

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74 (a)

These special conditions are applicable to tender document and considered as part of it, which is submitted online.

(b)

Tenderers may note that permitting of online submission of tender document is an added facility for convenience of Tenderer/s. Railway, however, reserves right to extend this facility for selected works or continue only with direct sale of tender forms. In case, tender document is incomplete due to network failure or delay or incomplete document submission, whatsoever, Railway shall not be responsible in anyway. Railway shall not be responsible for any direct/indirect loss of business/profit resulting from inability to use this facility.

(c)

The Tenderer/s shall download & print the Tender document solely for the purpose of bidding for above work and downloaded document shall not be used, copied or reproduced for any other purpose.

(d)

The end of tender document is indicated by “End of Tender Document” marker. Tenderer/s should carefully see that above marker appears on the last page of downloaded tender document to ensure that downloaded document is complete. Tenderer is suggested to check the integrity and completeness of document before submission.

(e)

The tender document downloaded from website though does not bear signature of Rly authority shall have same authority as having directly purchased from Rly office. Tenderers while submitting his offer must upload certified and duly signed/ attested copies of all supporting documents.

(f)

The Tenderer/s are required to pay non-refundable cost of tender document in the form prescribed in tender notice while uploading their offer. In case they fail to furnish the requisite cost of tender document in prescribed form, their offer shall be rejected. The cost of EMD shall not be merged with cost of tender form and shall be separately furnished.

(g)

The Tenderer/s shall maintain the integrity of tender document and shall not make any change/addition/deletion/tampering, whatsoever, in the submitted documents. The Tenderer/s offer shall be rejected and full earnest money shall be forfeited, in case it is detected after submission of offer, that they have made any modification in submitted documents. In case such modification is noticed even after award of contract, Rly is liable to terminate the contract on contractor‟s default. In addition Railway reserves the right to take action against the firm as deemed fit, which may include Banning of Business Dealings with the firm and the firm is also liable to be prosecuted as per the law. After award of work agreement will be prepared based on the master copy of tender document available in the Railway‟s office. In case, any discrepancy is noted in tender document submitted by Tenderer, the Master document kept with Rly shall prevail and decision of Rly thereon shall be final and binding on Tenderer/Contractor.

(h)

The Tenderer/s shall not be reimbursed with the cost of stationery, uploading, scanning, etc. Offer of Tenderer/s is liable to be rejected by Railway, if tender document is not submitted as per instructions contained in the tender document. Further Tenderer shall bear expenses of Internet connection and telephone charges, if any for uploading and submission of tender document.

(i)

The Tenderer/s shall keep themselves updated about any modification in tender notice and tender document, issued by Railway through newspapers, website or E-mail or any other means and shall act accordingly. It is the responsibility of the Tenderer to check any correction or any modifications published subsequently in Web site and the same shall be taken into account while submitting the tender. Tenderers‟ offer is liable to be rejected if they have not enclosed all the corrections/corrigendum along with downloaded tender documents.

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75 The “Additional Conditions for Tender Document downloaded from Website” must be completely read and understood by the Tenderer and Railway shall not be liable to for any incorrect submission of tender document. 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. (j)

60.

i)

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. of Kind/ Capacity Age& Present Remarks No. Vehicle/ Unit Make Condition Location equipment

61. 61.1

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.

61.2

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.

62.

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.

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76 63.

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.

64.

PAYMENT OF ADVANCES TO CONTRACTORS: (Authority: Railway Board‟s letter Board‟s letter No.2007/CE-I/CT/18 Pt.2 Dtd.04.10.2012). On request of the contractor, the Railway will pay the contractor the following advances for the work, if the estimated value of the tender exceeds Rs. 25.00 Crores (Twenty Five Crores), subject to conditions stated hereunder. The value of Contract for the purpose of this clause shall be exclusive of the cost of material supplied to the Contractor free of cost or at fixed prices: (a) Mobilization advance: (Refer Railway Board‟s letter Board‟s letter No.2007/CE-I/CT/18 Pt.2 Dtd.04.10.2012) : This shall be limited to 10% of the contract value and shall be payable in two stage as indicated below: Stage –I 5% (Five Percent) of the contract value on signing of the contract agreement. Stage –II 5% (Five Percent) of the contract value on mobilization of site establishment, setting up offices, bringing in equipments and actual commencement of the work. (b) Advance Against Machinery and Equipment : This advance shall be limited to a maximum of 10% of the contract value against new Machinery & Equipment, involving substantial outlay, brought to site and essentially required for the work. This advance shall not exceed 75% of the purchase price of such Equipment and shall be payable when hypotheticated to the President of India by a suitable bond or alternatively covered by an irrevocable Bank Guarantee for full cost of the Plant & Equipment from a Nationalised Bank in India or the State Bank of India in a form acceptable to Railways. The Plant & Equipment shall be insured for the full value and for the entire period, they are required for the work. This plant & Equipment shall not be removed from the site of work without prior written permission of the Engineer. No advance should be given against old Plant & Machinery. (c) Advance For Accelerating Progress Of The Work During Course of Execution of Contract: This advance shall be decided on the merits of each case and shall be restricted to a maximum of 5% of contract value or Rs. 1 Crore , whichever is less. This will be granted by the General Manager on the recommendations of Chief Engineer – in – charge, in consultation with the Associate Finance. (d) Advances in Exceptional Cases : General Managers are further empowered to grant advances in exceptional cases upto a maximum of Rs. 5 lakh in respect of, even contracts of value of less than Rs.50 lakh, if considered absolutely essential, depending on the merits of each case and circumstances in each situation, to be recommended by the Chief Engineer in charge and in consultation with the Associate Finance. (e) The above advance are subject to the following conditions -

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77 (i) The advance shall carry an interest of 4.5% per annum above the Base Rate of State Bank of India, as effective on the date of approval of payment of the advance by the competent authority and be restricted only for high value tenders of Rs.25 crore and above. (ii) Advances except those against machinery and equiupment, shall be payable against irrevocable guarantee (Bank Guarantee, FDRs, KVPs / NSCs) of at least 110% of the value of the sanctioned advance amount (covering principal plus interest). The Bank Guarantee shall be from a Nationalised Bank or State Bank of India in a form acceptable to the Railways; (iii) The recovery shall commence when the value of contract executed reached 15% of original contract value and shall be completed when the value of work executed reached 85% of the original contract value. The instalments on each “on account bill” will be on pro-rata basis; (iv) That the grant of advance is primarily on Railway‟s own interest; (v) That a contract does not receive advances for same work from different officers; (vi) That arrangements are made with the Accounts Officer for proper accounts being kept with regard to payment and recovery of these advances; and (vii) That all necessary precautions are taken to secure Government from the possibility of loss and for preventing the system becoming more general or counting longer than what may be absolutely necessary for proper progress of the work. (f) Method of Recovery of Interest Interest shall be recovered on the advance outstanding for the period commencing from the date of payment of advance till date of particular on –account bill (through which recovery of principal is effected) and adjusted fully against on – account bill along with pro-rata principal recovery. In the event of any short – fall, the same shall be carried forward to the next on – account bill and shall attract interest @ 4.5% per annum above the Base Rate of State Bank of India, as effective on the date of approval of payment of the advance by the competent authority.

65.

The Bank Guarantee for such advances shall clearly at least 110% of the value of the sanctioned advance amount (covering principal plus interest). GUIDELINES FOR PARTICIPATION OF JOINT VENTURE FIRMS IN WORKS TENDER (Authority Railway Board letter No. 2002/CE-I/CT/37 Dt.07.09.2011 & Railway Board letter No. 2002/CE-I/CT/37 JV Pt III Dt.05/14.11.2013). This clause shall be applicable for works tenders of value as approved and communicated by Railway Board from time to time. 65.1

Separate identity/name shall be given to the Joint venture firm.

65.2

Number of members in a JV firm shall not be more than three, if the work involves only one department (say Civil or S & T or Electrical or Mechanical) and shall not be more than five if the work involves more than one department.

65.3

A member of JV firm shall not be permitted to participate either in individual capacity or as a member of another JV firm in the same tender.

65.4

The tender form shall be purchased and submitted only in the name of the JV firm and not in the name of any constituent member.

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78 65.5

The Earnest Money of requisite amount should be paid through Net Banking OR Payment gateway only, in favour of “FA & CAO(C) Central Railway, CSMT”. The e-receipt of the transaction shall be uploaded with the tender. Note: No other mode of payment will be accepted for EMD 65.6

One of the members of the JV firm shall be the Lead Member who shall have a majority (at least 51%) share of interest in the JV firm and also, must have satisfactorily completed in the last three previous financial years and the current financial year upto the date of opening of the tender, one similar single work for a minimum value of 35% of advertised tender value. The other members shall have a share of not less than 20% each in case of JV firms with upto three members and not less than 10% each in case of JV Firms with more than three members. In case of JV Firm with foreign member(s), the Lead Member has to be an Indian Firm with a minimum share of 51%.

65.7

A copy of Memorandum of Understanding (MOU) executed by the JV members shall be submitted by the JV Firm along with the tender. The complete details of the members of JV firm, their share and responsibility in the JV firm etc. particularly with reference to financial, technical and other obligations shall be furnished in the MOU.

65.8

Once the tender is submitted, the MOU shall not be modified/altered/terminated during the validity of the tender. In case the tenderer fails to observe/comply with this stipulation, the full Earnest Money Deposit (EMD) shall be forfeited.

65.9

Approval for change of constitution of JV firm shall be kept at the sole discretion of the Employer (Railways). The constitution of the JV firm shall not be allowed to be modified after submission of the tender bid by the JV firm except when modification becomes inevitable due to succession laws etc. and in any case the minimum eligibility criteria should not get vitiated. However, the Lead Member shall continue to be the Lead Member of the JV Firm. Failure to observe this requirement would render the offer invalid.

65.10

Similarly, after the contract is awarded, the constitution of JV firm shall not be allowed to be altered during the currency of contract except when modification become inevitable due to succession laws etc. and in any case the minimum eligibility criteria should not get vitiated. Failure to observe this stipulation shall be deemed to be breach of contract with all consequential penal action as per contract conditions.

65.11

On award of contract to a JV firm, a single Performance Guarantee shall be required to be submitted by the JV firm as per tender conditions. All the Guarantees like performance Guarantee, Bank Guarantee for Mobilization advance, machinery Advance etc. shall be accepted only in the name of the JV firm and no splitting of guarantees amongst the members of the JV firm shall be permitted.

65.12

On issue of LOA (Letter of Acceptance), an agreement among the members of the JV firm (to whom the work has been awarded) shall be executed and got registered before the registrar of the Companies under Companies Act or before the Registrar / Sub-Registrar under the Registration Act, 1908. This JV agreement shall be submitted by the JV firm to the Railways before signing the contract agreement for the work. In case the tenderer fails to observe/comply with this stipulation, the full Earnest Money Deposit (EMD) shall be forfeited and other penal action due shall be taken against partners of the JV and the JV. This joint venture agreement shall have, inter-alia, following clauses :i)

Joint and several liability- Members of the JV firm to which the contract is awarded, shall be jointly and severally liable to the Employer (Railways) for execution of the project in

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79 accordance with General and Special conditions of contract. The JV members shall also be liable jointly and severally for the loss, damages caused to the railways during the course of execution of the contract or due to non- execution of the contract or part thereof. ii) Duration of the Joint Venture Agreement- It shall be valid during the entire currency of the contract including the period of extension, if any and the maintenance period after the work is completed. iii) Governing Laws – The Joint venture Agreement shall in all respect be governed by and interpreted in accordance with Indian Laws. 65.13 Authorized Member - Joint Venture members shall authorize one of the members on behalf of the Joint Venture firm to deal with the tender, sign the agreement or enter into contract in respect of the said tender, to receive payment, to witness joint measurement of work done, to sign measurement books and similar such action in respect of the said tender/contract. All notices/correspondences with respect to the contract would be sent only to this authorised member of the JV firm. 65.14

No member of the Joint Venture firm shall have the right to assign or transfer the interest right or liability in the contract without the written consent of the other members and that of the employer (Railways) in respect of said tender/contract.

65.15

Documents to be enclosed by the JV firm along with the tender :

65.15.1 In case one or more of the members of the JV firm is/are partnership firm(s), following documents shall be submitted; a)

Certified copy of the Partnership Deed.

b)

Consent of all the partners to enter into the Joint Venture Agreement on a stamp paper of appropriate value (in original).

c)

Power of Attorney (duly registered as per prevailing law) in favour of one of the partners of the partnership firm to sign the JV Agreement on behalf of the partnership firm and create liability against the firm.

65.15.2 In case one or more members is/are proprietary Firm or HUF, the following documents shall be enclosed. Affidavit on stamp paper of appropriate value declaring that his/her concern is a Proprietary concern and he/she is sole proprietor of the concern OR he/she is in position of “Karta” of Hindu Undivided Family (HUF) and he/she has the authority, power and consent given by other partners to act on behalf of HUF. 65.15.3 In case one or more members is/are limited companies, the following documents shall be submitted: a) Notary certified copy of resolution of the Directors of the company, permitting the company to enter into a JV agreement, authorizing MD or one of the directors or Managers of the company to sign JV Agreement, such other documents required to be signed on behalf of the company and enter into liability against the company and/or do any other act on behalf of the company. b) Copy of Memorandum and articles of Association of the Company.

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80 c) Power of Attorney (duly registered as per prevailing law) by the company authorising the person to do/act mentioned in the para (a) above. 65.15.4 All the members of the JV shall certify that they are not black listed or debarred by Railways or any other Ministry/Department/ PSU (Public Sector Undertaking) of the Govt. of India/State Govt. from participation in tenders/contract on the date of opening of bids either in their individual capacity or as member of the JV firm in which they were / are members.

65.16

Credential & Qualifying Criteria: Technical and financial eligibility of the JV Firm shall be adjudged based on satisfactory fulfillment of the following criteria:

65.16.1 Technical Eligibility Criteria („a‟ or „b‟ mentioned hereunder) : (a) Either the JV firm or Lead Member of the JV Firm must have satisfactorily completed in the last three previous financial years and the current financial year upto the date of opening of the tender, one similar single work for a minimum of 35% of advertised value of the tender. OR (b) (i) In case of composite works (e.g. works involving more than one distinct component, such as Civil Engineering works, S & T works, Electrical works, OHE works etc and in the case of major bridges – substructure, superstructure etc.), for each component, at least 35% of the value of any of such components individually for single similar nature of work should have been satisfactorily completed by the JV firm or by any member of the JV Firm in the previous three financial years and the current financial year up to the date of opening of tender. The member satisfying technical eligibility criteria for the largest component of the work shall be the Lead Member and that Member shall have a majority (at least 51%) share of interest in the JV firm. (ii)

In such cases, what constitutes a component in a composite work shall be clearly predefined with estimated tender cost of it, as part of the tender documents without any ambiguity. Any work or set of works shall be considered to be a separate component, only when cost of the component is more than 2 Crore each.

(iii) However, as long as the JV firm or any member of the JV Firm meets with the requirements in one or more components of the work, and has completed a minimum of 35% of the advertised value of the tender for the same value of the component, and resultantly, all the members of the JV collectively, then meet the prescribed technical eligibility criteria, the JV shall stand technically qualified. NOTE: Value of completed work done by a Member in an earlier JV Firm shall be reckoned only to the extent of the concerned member‟s share in that JV firm for the purpose of satisfying his/her compliance to the above mentioned technical eligibility criteria in the tender under consideration. 65.16.2

Tenderer/s

Financial Eligibility Criteria: The contractual payments received by the JV Firm or the arithmetic sum of contractual payments received by all the members of JV Firm in the previous three financial years and the current financial year upto the date of opening of tender shall be at least 150% of the estimated value of the work as mentioned in the tender.

For Chief Engineer(C) Central

81 NOTE: Contractual payment received by a Member in an earlier JV Firm shall be reckoned only to the extent of the concerned member‟s share in that JV Firm for the purpose of satisfying compliance of the above mentioned financial eligibility criteria in tender under consideration. 66.

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. 67.

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.

68.

GST/TURN OVER/LOCAL TAX OR ANY OTHER TAX, ETC. All the bidders/tenders should ensure that they are GST compliant and their quoted tax structure/rates are as per GST Law. The element of GST including Turn Over Tax on works contract, Octroi, Royalty, Toll Tax, Local Tax, 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. GST/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.

69.

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 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.

70.

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:-

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82 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.

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. 71.

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.

72.

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

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83 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). 73.

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.

74.

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.

75.

Verification of credentials submitted by tenderer for finalization of Two Packet Tenders: The tenderers shall compulsorily submit (upload) an affidavit in the prescribed format (Annexure – VII) at page Nos.33 & 34 along with the “Tender document (Part – I) Technical Bid (Packet – I)” verifying the genuineness of the credentials submitted by them. Non submission of affidavit will result in summarily rejection of the tender bid.

76.

Contractor‟s Measurements:In partial modification to railway Board‟s letter no. 2016/CE-I/CT/14 Measurement/1 dates. 21.09.2017, and 2016/CE-I/CT/14 Measurement/3 dated 21.09.2017, it has now been decided to extend the scope of contractors measurement for all works costing more than Rs. 5 Crore in Division, Construction and RE organization, Subject to following condition: a)

Approval of DRM/PHOD/CHOD, without finance concurrence.

b). The proposal to have works measurements by Contractors for any Project/Contract shall be governed in accordance with the instructions contained in railway Board‟s letters mentioned above ( amended from time to time). Such instructions are applicable for all the works approval for contractors Measurement by DRM/PHOD/CHOD. c). The word Deputy CE or its equivalent mentioned in the instructions above shall mean equivalent Branch Officer of the Division/RE organization. XEN/ AXEN shall mean their equivalent counterparts in Division/RE organization. 77.

MEASUREMENT AND RECORDING OF „EXECUTED WORKS‟ BY THE CONTRACTOR IN RAILWAY CONSTRUCTION WORKS: (Railway Board‟s letter No. 2016/CE-I/CT/14/Measurement/3 dated 21.09.2017) 77.1 Contractor shall be responsible for carrying out measurements of work executed and recording of measurements for the release of on account/final payment. In such cases, the detailed procedure for recording of measurements, provisional payment, test check and final payment shall be as follows:

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84 Measurement recorded by the Contractor shall be test checked by Railway within 45 days of submission of measurements. While processing 75% provisional payment bill, concerned Executives shall ensure that supply items given by the Contractor are commensurate with requirement for execution of works. Contractor's Measurement Book: 1. Railway shall arrange contractor's measurement book (CMB), each having sheet No. lA to 4A (Form E 1313), followed by 100 machine number pages (Form E 1313, sheet No. 5A) (Annexure XVI/1A to 5A). On the top of each sheet of CMB, there shall be provision for recording the name of the work, agreement number, name of contractor and CMB number. 2. CMBs shall be printed in such a way so as to keep a clear margin of 50 mm on the left side of page. Further, the left side shall have pinhole tear line at a distance of 15 mm from edge for ease of taking out sheets from these books. The binding shall be within 15mm of the margin available between edge and pinhole tear line. This shall ensure availability of minimum 35 mm clear margin to re-bind measurement books later on. Movement and upkeep of Contractor's Measurement Book: 3. Dy. Chief Engineer in charge of contract (Dy.CE/C) shall hand over required No. of CMBs to Assistant/Executive Engineer in-charge of contract (AEN/XEN) after taking receipt of the same on sheet No. 2A (Form E.l313) for further issuance to contractor time to time as per progress of work. 4. CMB shall be registered with unique No. in the Register of Measurement Books (Form E.1314) maintained in the office of Dy.CE/C. Separate accountal of CMBs for each agreement shall be maintained in the office of Dy.CE/C and AEN/XEN. 5. In case of change of 'contractor's authorized engineer', fresh approval shall be taken from Dy.CE/C before recording of measurement. 6. While issuing the CMB to contractor, AENIXEN shall take out sheet No. 2A to 4A from the CMB, take receipt of CMB from contractor on sheet No. 3A (Form E 1313), and keep the same in safe custody. 7. Similar system as for CMB, shall be followed for issuing Field Book/ Level Book (E.131 7/A) to contractor for recording of levels in the field book/level book. Measurement 8. The contractor's authorized engineer shall record the measurements in CMB neatly in his own handwriting, without any use of eraser/overwriting, without use of any typing fluid or any such thing. All cuttings shall be initialed. No page shall be damaged/destroyed. No page shall be kept blank in between the measurements. 9. The Contractor shall communicate the date of measurement to AEN/XEN in sufficient advance to witness any measurement. Witnessing of measurement by railways is not compulsory except for initial levels in case of earthwork and hidden measurements. Initial levels of earthwork and hidden measurements are to be recorded in the presence of railway officials and test checked as prescribed.

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85 10. In on account contract certificate, measurement shall be recorded for the items and quantities to be paid in the concerned on account contract certificate. 11. However, in every 4th on account contract certificate and final contract certificate, the recording of measurement for works executed shall include all the items and their quantity included in previous on account contract certificates, irrespective of whether to be paid or not in the current On Account Contract Certificate/ Final Contract Certificate. 12. No payment shall be processed on Lump sum measurement taken by contractor's authorized engineer except for earthwork. For earthwork, every 4th bill shall be based on actual levels taken and detailed calculations carried out for the work done. 13. The contractor shall take out carefully from CMB the used pages of CMB with one extra blank page for processing the bill; staple them for submission to AEN/XEN along with bill, duly signing the measurements. The contractor shall keep a photocopy of the measurements with him for future reference. 14. At the time of submission of final bill, the contractor shall submit all the remaining CMBs (unused as well as partially used) with him along with bill to AEN/XEN. 15. The contractor shall submit required copies of invoice and on account contract certificate / final contract certificate (similar to form E.1337 and Form E.1338) to the AEN/XEN duly marking them original or duplicate copy. Original shall be used for release of payment whereas duplicate copies shall be used for record purpose in different offices. 16. In case contractor requires provisional payment of on-account bill, the contractor shall submit his invoice and provisional on account contract certificate for 75% of amount of work done (before deduction of taxes). The contractor shall write 'For Provisional Payment' on top of such on-account contract certificate. 17. AEN/XEN while issuing receipt of stapled sheets of CMB to contractor shall clearly record the same in sheet 4 (E.1314) of concerned CMB, kept in the office of AEN/XEN. Release of Provisional Payment 18. Senior Section Engineer / 'Junior Engineer with 5 year experience' (SSE/JE) and AEN/XEN shall sign & record a certificate on the original provisional 'on account contract certificate' as under: "Certified that the payment being made is less than the amount due for the quantities of works executed by the contractor". In case of payment of earthwork items in any contract, calculation of quantity of such items along with field book / level book must be enclosed. This shall be cross checked, as considered appropriate by SSE/JE & AEN/XEN, to ensure that no excess payment is being made. At this stage no test check of measurements by railway is required. 19. AEN/XEN shall keep a copy of contractor's invoice & provisional on account contract certificate in his office, and submit original invoice & original provisional on account contract certificate along with required number of duplicate copies, and used sheets of CMB to the Dy.CE/C unit for passing the bill and release of payment.

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86 20. The provisional on account contract certificate shall be passed by Dy.CE/C and payment shall be released by associate finance based on above certification of SSE/JE and AEN/XEN. After release of payment, blank sheet of CMB (if any) shall be crossed by Dy.CE/C before sending the measurement sheets back to AEN/XEN for carrying out required test checks. At this stage measurements shall not be crossed. 21. No provisional payment shall be allowed in final contract certificate. Further, once provisional payment has been released in any on-account contract certificate, the next on account contract certificate can be raised by contractor only when accounts of previous on account certificate (Provisional as well as remaining payment) has been finalised. Test Check 22. Necessary test checks shall be carried out by the SSE/JE and AEN/XEN for the works done before full payment of on-account contract certificate/final contract certificate. SSE/JE and AEN/XEN shall communicate the date of test checks to contractor in advance. The contractor can accompany during test check. The contractor shall provide support staff and all required tools & plants to facilitate test check by railway officials. 23. The stipulated test checks for AENIXEN and SSE/JE Level is tabulated as under: S. No

Description of Works

Test Check in terms of % of value by SSE / JE

(a) (b) © (d) (e)

Measurement of Ballast, pitching Earth work and hidden items Measurement of all other items

stone,

Initial and Final levels along centre line for earthwork in embankment and cutting Intermittent levels along centre line Initial, intermittent and final levels except centre line for earth work in embankment and cutting

AEN / XEN

100%

100%

100%

20%

100%

100%

100% 100%

20% 20%

Note: The check regarding levels of earthwork invariably shall be carried out in cross sections having heavy cross slopes. 24. Contractor's recorded measurement sheets shall be checked for any corrections/ over writing during test check. All the corrections/over writing shall be initialed by SSE/JE. 25. The discrepancy noted (if any) during test check of recorded measurement shall be communicated by AEN/XEN to the contractor. 26. In case of discrepancy noticed during test required copies of fresh invoice of amount payment has been released earlier, the required corrected for discrepancy (if any), along AEN/XEN.

check, the contractor shall submit original and corrected for discrepancy, and in case provisional copies of fresh invoice of remaining amount with on account/final contract certificate to

Full payment of On Account Contract Certificate/Final Contract Certificate:

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87 27. AEN/XEN shall submit original copy of invoice and on account contract certificate of remaining amount/ Final Contract Certificate, along with required number of duplicate copies and used sheets of CMB (all used/blank CMBs in case of final contract certificate), duly signed by SSE/IE and AEN/XEN to the Dy.CE/C for passing the bill and release of payment. 28. Once the payment is released, Dy.CE/C shall return back the used sheets of CMB to AEN/XEN for safe custody, duly crossing of measurements by finance officer. 29. Once all used sheets of a particular CMB is received back by AEN/XEN from Dy.CE/C, the AEN/XEN shall re-bind all 100 pages of CMB along with sheet No. lA to 4A for submission of CMB to Dy.CE/C office. Dy.CE/C office shall record the receipt of same in sheet No. 2A of CMB and Register of Measurement Books (Form E1314). 30. The final contract certificate shall be passed by Dy.CE/C only after receipt of all CMBs (used/blank) from AEN/XEN. 31. The provisions of this para shall be applicable to all the departments of Indian Railways and to be executed through equivalent authorities of respective departments. 78.

Following Modifications have been made to some Clauses of General Condition of Contract-2014 for Introduction of Measurement and Recording of 'Executed Works' by the Contractor in Railway Construction works: (Railway Board‟s letter No.2016/CE-I/CT/14/Measurement/2 dated 21.09.2017) 1. Definition: Refer Item No.1.20 of „Meaning of Terms‟ under „Section I: REGULATIONS AND CONDITIONS FOR TENDER AND CONTRACT‟ at Page 17 of this document. 2. Clause 16 of Annexure-I, Tender Form (Second Sheet): 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, co-ordinate measurements through contractor's authorized engineer, 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.

3. Clause 45 of Part-II: Measurement of Works: 45(i) Measurement Of Works by Railway: The Contractor shall be paid for the works at the rates in the accepted Schedule of Rates and for extra works at rates determined under Clause 39 of these Conditions on the measurements taken by the Engineer or the Engineer's representative in accordance with the rules prescribed for the purpose by the Railway. The quantities for items the unit of which in the accepted Schedule of Rates is 100 or 1000 shall be calculated to the nearest whole number, any fraction below half being dropped and half and above being taken as one; for items the unit of which in the accepted Schedule of Rates is single, the quantities shall be calculated to two places of decimals. Such measurements will be taken of the work in progress from time to time and at such intervals as in the opinion of the Engineer shall be proper having regard to the progress of works. The date and time on which 'on account' or 'final' measurements are to be made shall be communicated to the Contractor who shall be present at the site and shall sign the results of the measurements (which shall also be signed by the Engineer or the Engineer's representative) recorded in the official measurements book as an acknowledgement of his

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88 acceptance of the accuracy of the measurements. Failing the Contractor's attendance, the work may be measured up in his absence and such measurements shall, notwithstanding such absence, be binding upon the Contractor whether or not he shall have signed the measurement books provided always that any objection made by him to measurement shall be duly investigated and considered in the manner set out below: (a) It shall be open to the Contractor to take specific objection to any recorded measurements or Classification on any ground within seven days of the date of such measurements. Any remeasurement taken by the Engineer or the Engineer's representative in the presence of the Contractor or in his absence after due notice has been given to him in consequence of objection made by the Contractor shall be final and binding on the Contractor and no claim whatsoever shall thereafter be entertained regarding the accuracy and classification of the measurements. (b) If an objection raised by the Contractor is found by the Engineer to be incorrect the Contractor shall be liable to pay the actual expense incurred in measurements. 45(ii) Measurement Of Works by Contractor‟s Authorised Representative (in case the contract provides for the same): (a) The Contractor shall be paid for the works at the rates in the accepted Schedule of Rates and for extra works at rates determined under Clause 39 of these Conditions on the measurements taken by the contractor's authorized engineer in accordance with the rules prescribed for the purpose by the Railway. The quantities for items the unit of which in the accepted Schedule of Rates is 100 or 1000 shall be calculated to the nearest whole number, any fraction below half being dropped and half and above being taken as one; for items the unit of which in the accepted Schedule of Rates is single, the quantities shall be calculated to two places of decimals. Such measurements will be taken of the work in progress from time to time. The date and time on which 'on account' or 'final' measurements are to be made shall be communicated to the Engineer. The date and time of test checks shall be communicated to the contractor who shall be present at the site and shall witness the test checks, failing the contractor's attendance the test checks may be conducted in his absence and such test checks shall not withstanding such absence be binding upon contractor provided always, that any objection made by contractor to test check shall be duly investigated and considered in the manner set out below: (i) It shall be open to the contractor to take objection to test checks of any recorded measurement within 7 days of date of such test checks. Any re-test check done by the concerned Railway's authority in the presence of the Contractor or in his absence after due notice given to him in consequent of objection made by the Contractor shall be final and binding on the Contractor and no claim whatsoever shall thereafter be entertained regarding the accuracy and classification of the measurements. (ii) If an objection raised by the Contractor is found by the Engineer to be incorrect shall be liable to pay the actual expenses incurred in measurements.

the Contractor

(b) Incorrect measurement, actions to be taken: If in case during test check or otherwise, it is detected by the Engineer that agency has claimed any exaggerated measurement or has claimed any false measurement for the works which have not been executed; amounting to variation of 5% or more of claimed gross bill amount, action shall be taken as following:

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89 (i) On first occasion of noticing exaggerated/false penalty of 10% of claimed gross bill value.

measurement, Engineer shall impose a

(ii) On any next occasion of noticing any exaggerated / false measurement, railway shall impose penalty of 15% of claimed gross bill value. In addition the facility of recording or measurements by contractor as well as release of provisional payment shall be withdrawn. Once withdrawn, measurements shall be done by railway as per clause 45(i) above. 4. Clause 46(1) & (3) of Part-II: 46(1) "On-Account" Payments: The Contractor shall be entitled to be paid from time to time by way of "On-Account" payment only for such works as in the opinion of the Engineer he has executed in terms of the contract. All payments due on the Engineer's/Engineer's Representative's certificates of measurements or Engineer‟s certified “contractor‟s authorised engineer's measurements" shall be subject to any deductions which may be made under these presents and shall further be subject to, unless otherwise required by Clause 16 of these Conditions, a retention of ten percent by way of Security Deposits, until the amount of Security Deposit by way of retained earnest money and such retentions shall amount to 10% of the total value of the contract provided always that the Engineer may by any certificate make any correction or modification in any previous certificate which shall have been issued by him and that the Engineer may withhold any certificate, if the works or any part thereof are not being carried out to his satisfaction. 46(3) On Account Payments Not Prejudicial To Final Settlement: "On- Account” payments made to the Contractor shall be without prejudice to the final making up of the accounts (except where measurements are specifically noted in the Measurement Book as "Final Measurements" and as such have been signed by the Contractor and Engineer's/ Engineer‟s Representative) and shall in no respect be considered or used as evidence of any facts stated in or to be inferred from such accounts nor of any particular quantity of work having been executed nor of the manner of its execution being satisfactory. 5. Clause 51(1) of Part-II: 51(1) Final Payment: On the Engineer's certificate of completion in respect of the works, adjustment shall be made and the balance of account based on the Engineer's /Engineer‟s representative's certified measurements or Engineer's certified “contractor's authorized engineer's measurements” of the total quantity of work executed by the Contractor upto the date of completion and on the accepted schedule or rates and for extra works on rates determined under Clause 39 of these Conditions shall be paid to the Contractor subject always to any deduction which may be made under these presents and further subject to the Contractor having delivered to the Engineer either a full account in detail of all claims he may have on the Railway in respect of the works or having delivered "No Claim Certificate" and the Engineer having after the receipt of such account given a certificate in writing that such claims are correct, that the whole of the works to be done under the provisions of the Contracts have been completed, that they have been inspected by him since their completion and found to be in good and substantial order, that all properties, works and things, removed, disturbed or injured in consequence of the works have been properly replaced and made good and all expenses and demands incurred by or made upon the Railway for or in the respect of damage or loss by from or in consequence of the works, have been satisfied agreeably and in conformity with the contract. *****

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90

1.

Annexure -IX 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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91 (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 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.

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92 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-in-charge 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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93 ANNEXURE– X 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)Ahemadnagar at Ahemadnagar 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, copies of which shall be collected by the successful bidder from the Office of the DY.CE (C) Ahemadnagar for ensuring strict compliance of execution of work. Sr.No Date Letter No. Subject 1 28/7/02 EW/187/R/465/9/Vil.II Compendium on training to supervisors and operators of contractors 2 6/11/02 EW/187/R/465/9/Vil.II Compendium of instruction on safety issued by Northern Railway 3 9/2/04 & EW/187/R/465/Compend Handbook on safety at construction work 8/6/04 ium Cir sites 4 1/9/04 EW/187/R/WKSCorrection slip No. 69 dated 23.5.2001 for Policy/V para No. 826 of IRPWM regarding safe working. 5 17/8/06 CON/CAO(C)/Misc./Gen Safety measures to be adopted at work sites l./2006 6 15/12/06 EW/187/R/465/Safety Safety in dismantling of bridges and Policy structures 7 17/12/04 Rly Board‟s D.O. letter Undertaking digging work in the vicinity of No. 2004/Sig/G/7 JPO underground signaling, electrical and No.1/Sig/2004 telecommunication cables. 8 18/01/2008 CE Circular No. 190 vide Procedural order for ensuring safety at work letter No. T103/PWT/-18 site issued by PCE, Central Railway. / XXI dated 18.01.2008. The GIST of important instructions on the above subject are given as under: 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 schedule of dimensions. For this purpose, the area where road vehicles and/or machinery are required to ply, shall be demarcated and acknowledged by the contractor. Special care shall be taken for turning/reversal of road vehicles/machinery without infringing the running track. Barricading shall be provided wherever justified & feasible as per site condition.

(a)

The road vehicle shall be run or machinery shall be worked so as not to come closer than 6.0m from centre line of nearest running track.

(b)

The land strip adjacent to running tracks, where road vehicle is to ply or machinery is to work, shall be demarcated by lime in advance in consultation with the Railway‟s supervisor. Wooden pegs at interval not exceeding 75m, shall be provided along the line marking as permanent marks. The road vehicles shall ply or machinery shall work so as not to infringe the line of demarcation.

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94 (c)

(i) In no case the road vehicle shall run or machinery shall work at distance less than 3.5m from central line of track. (ii) Demarcation of land shall be done by bright colored ribbon/nylon chord suspended on 75cm. high wooden/bamboo posts at distance of 3.5m from center line of nearest running track. (iii) Railway Supervisor shall issue suitable caution order to driver of approaching train about road vehicles plying or machineries working close to running tracks. The train driver shall be advised to whistle freely to warn about the approaching train. Whistle boards shall be provided wherever considered necessary. (iv) Look out men shall be posted along the track at a distance of 800m from such locations who will carry red flag and whistle to warn the road vehicle/machinery user about the approaching train. (v) On curves where visibility is poor, addition look out men shall be posted

(d)

Under unavoidable condition, if road vehicles is to ply or machinery is to work closure to 3.5m due to site conditions or requirement of work, following precautions shall be observed. *Plying of vehicle or working of machinery closure to 3.5m of running track shall be done only under protection of track. Traffic block shall be imposed wherever consider necessary. *Railway supervisor shall issue suitable caution order to driver of approaching train about road vehicles plying or machineries working close to running track. The train driver shall be advised to whistle freely to warn about the approaching train.

(e)

The location where vehicle will take a turn shall be demarcated duly approved by railway representative. The road vehicle driver shall always face the Railways track during the course of turning/reversing his vehicle. Presence of an authorized Railways representative shall be ensured at such location.

III IV.

The road vehicles will ply only between sun rise and sun set. Road vehicle shall not be allowed to run along the track during night hours generally. In unavoidable situation, however, vehicle shall be allowed to work during night hours only in the presence of an authorized railway‟s representative and where adequate lighting arrangement are made and where adequate precaution as mentioned earlier have been ensured. Nominated vehicle and drivers will be utilised for work in the presence of at least one flagman and one supervisor certified for such work. The contractor shall fully responsible for ensuring safety and in case of any accident, shall bare cost of all damages to this equipment and men and also damages to railway and its passengers. Assistant Officer/Sr. Scale Officer shall issue competency certificate after checking license and their working to all driver of nominated vehicles/machinery. Inspector at site shall ensure that the driver who does not possess competency certificate will not work at site. 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.

V. VI. VII.

VIII.

2.

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) Ahemadnagar. Successful tenderers hall obtain the copy of this order before commencement of work for their guidelines and ensuring strict compliance.

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95 A penalty of Rupees One lakh 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. The decision of Engineer-In-Charge on fixing up of responsibility on contractor on this account will be final and binding on the contractor.

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96 ANNEXURE- XI 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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97 ANNEXURE – XII 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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98 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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99 Annexure – XIII Agreement towards Waiver under Section 12 (5) and Section 31 – A (5) of Arbitration and Conciliation (Amendment) Act. I / We ………………….. (Name of agency / contractor) with reference to agreement No. ………………… raise disputes as to the construction and operation of this contract, or the respective rights and liabilities, withholding of certificate and demand arbitration in respect of following claims: Brief of claim : (i) Claim 1- Detailed at Annexure (ii) Claim 2 – (iii) Claim 3 I / We ……………… (Post of Engineer) with reference to agreement No. ………….. hereby raise disputes as to the construction and operation of this contract, or the respective rights and liabilities, withholding of certificate and demand arbitration in respect of following claims: I / We ………… do / do not agree to waive off applicability of section 12(5) of Arbitration and Conciliation (Amendment), Act. Signature of Claimant ……………………. Signature of Respondent ………………… (Agreement under Section 31(5) I / We ………….. (Name of claimant) with reference to agreement No. …………. Hereby waive off the applicability of sub section 31 – A (2) to 31 – A (4) of the Arbitration and Conciliation (Amendment) Act. We further agree that the cost of arbitration will be shared by the parties as per clause 64(6) of GCC. Signature of Claimant ……………………. Signature of Respondent ………………… *Strike out whichever not applicable. ******

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100 ANNEXURE-XIV 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(Const)/ANG Central Railway for and on behalf of the President of India

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

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101 ANNEXURE- “L”/XV MOU FORMAT for JV (As per HQ‟s letter No.EW/187/R/465/Jt. Venture Dt.15.10.2008)

(On Non-judicial stamp of Rs.100/-) MEMORANDUM OF UNDERSTANDING FOR JOINT VENTURE AGREEMENT 1.

This Memorandum of understanding executed this _____________ day of _____________ between ________(Name of Co.)_________ a company registered under the Companies Act 1956 having its registered office at represented through its Director /Authorized Representative ____________________ (hereinafter referred to as ____________________ which expression shall unless repugnant to the context thereof includes its successors) of the FIRST PART. OR M/s. ______________________________ a partnership firm registered under the Indian Partnership Act 1932, having its registered office __________________, ______________________, represented through its Partner Shri._____________/Authorized Representative _______________ (hereinafter referred to as _______________________ which expression shall unless repugnant to the context thereof includes its successors) of the FIRST PART. AND

2.

M/s. ________(Name of Co.)_________ a company registered under the Companies Act 1956 having its registered office ____________________represented through its Director or Authorized Representative __________ (hereinafter referred to as ____________________ which expression shall unless repugnant to the context thereof includes its successors) of the SECOND PART. OR M/s. ______________________________ a partnership firm registered under the Indian Partnership Act, having its registered office __________________, ______________________, ______________________ (hereinafter referred to as _______________________ which expression shall unless repugnant to the context thereof includes its successors) of the SECOND PART. AND

3.

This Memorandum of understanding executed this _____________ day of ____________ 2013 between ______________Name of Co.______________ a company registered under the Companies Act 1956 having its registered office _____________________ through its Director or Authorized Representative _______________(hereinafter referred to as ____________________ which expression shall unless repugnant to the context thereof includes its successors) of the THIRD PART.

Tenderer/s

For Chief Engineer(C) Central

102 OR M/s. __________________________ a partnership firm registered under the Indian Partnership Act, having its registered office __________________, ______________________, ______________________ through its Partner or Authorized Representative ____________ (hereinafter referred to as _______________________ which expression shall unless repugnant to the context thereof includes its successors) of the THIRD PART. 4.

This Memorandum of understanding executed this _____________ day of _______________ between ______________Name of Co._________ a company registered under the Companies Act 1956 having its registered office _____________________ through its Director or Authorized Representative _______________(hereinafter referred to as ____________________ which expression shall unless repugnant to the context thereof includes its successors) of the FOURTH PART. OR M/s. ___________________________ a partnership firm registered under the Indian Partnership Act, having its registered office __________________, ______________________, ______________________ through its Partner or Authorized Representative ____________ (hereinafter referred to as _______________________ which expression shall unless repugnant to the context thereof includes its successors) of the FOURTH PART.

5.

This Memorandum of understanding executed this _____________ day of ____________ __________ between ________Name of Co._________ a company registered under the Companies Act 1956 having its registered office _____________________ through its Director or Authorized Representative _______________(hereinafter referred to as ____________________ which expression shall unless repugnant to the context thereof includes its successors) of the FIFTH PART. OR M/s. ___________________________ a partnership firm registered under the Indian Partnership Act, having its registered office _____________________________, ______________________, ______________________ through its Partner or Authorized Representative ____________ (hereinafter referred to as _______________________ which expression shall unless repugnant to the context thereof includes its successors) of the FIFTH PART. Whereas, Central Railway, Mumbai CST hereinafter referred to as Owner/Customer has invited Tender Nos. _________________ hereinafter referred to as the CR Tender for the work of ______________________________hereinafter referred to as the said work. Whereas, the party of the first part i.e. M/s. _________________, ________________ details to be supplied of the expertise in their field.

Tenderer/s

For Chief Engineer(C) Central

103 Whereas, the party of the second part, M/s. __________________ details to be supplied of the expertise in their field. Whereas, the party of the third part, M/s. __________________ details to be supplied of the expertise in their field. Whereas, the party of the forth part, M/s. __________________ details to be supplied of the expertise in their field. Whereas, the party of the fifth part, M/s. __________________ details to be supplied of the expertise in their field. AND whereas parties to this MOU, have agreed to co-operate with each other to associate jointly and to form a Joint Venture Firm to participate in the CR Tender of Indian Railways. Now, therefore, in consideration of the premises and mutual promises and of the undertaking contained herein, it is hereby agreed as follows:1.

The purpose of MOU – M/s. ____________________, __________________ and ______________________ agree to co-operate with each other for the purpose of joint participation in the CR Tender and in the event, the contract is awarded, to jointly execute the contract. The broad interfaces and scope of work of each party is setforth below :____________________________________________________________________ ____________________________________________________________________

2.

The name of the Jt. Venture firm shall be __________________________________

3.

The parties, hereto, represent that : a) They are in possession of all approvals and valid authorization for the purpose of execution of this MOU. b) They have not entered into any agreement/MOU of equal or similar nature with any third party for the CR Tender.

That each of the parties of the JV, agrees and undertake to place at the disposal of the JV, benefits of its individual experience, technical knowledge and skill and shall in all respects bear its share of the responsibility, including the provision of information advice and other assistance required in connection with the works. The share and the participation of the partners in the JV shall broadly be follows : M/s. ______________________________________________ % M/s. ______________________________________________ % M/s. ______________________________________________ %

Tenderer/s

For Chief Engineer(C) Central

104 Lead Member :- M/s. _______________________ (that one of the member of the JV firm) shall be the lead member of the JV firm who shall have a majority (at least 51 %) share of interest in the JV firm. The other members shall have a share of not less than 20% each in case of JV firms with upto three members and not less than 10% each in case of JV firms with more than three members. In case of JV firm with foreign member(s), the lead member has to be an Indian firm with a minimum share of 51%. And all rights, interest, liabilities, obligations, work experience and risks (net profits or net losses) arising out of the contract shall be shared or borne by the Parties in proportionate to these shares. Each of the parties shall bound by guarantees, sureties required for the work as well as its proportionate share in working capital and other financial requirements. 4.

The parties to this MOU undertakes :a) That after submission of the tender, the MOU shall not be modified/altered /terminated during the validity of the tender except when modification becomes inevitable due to succession laws etc., but in no case the minimum eligibility criteria would be vitiated. The parties to this MOU further agrees that the Lead Member will continue to be the Lead Member of J.V.Firm. b) That after the contract is awarded the constitution of the J.V.Firm shall not be altered during the currency of contract except when modification becomes inevitable due to Succession Law etc. but in no case the minimum eligibility criteria would be vitiated.

5.

JOINT & SEVERAL LIABILITY In respect of the CR Tender, all terms shall be complied by each party on back-to-back basis as per specifications of the CR Tender or any other mutually agreed terms with the Owner/Customer. The Parties hereto shall, if awarded the contract for the project for which the Joint Venture is formed, be jointly and severally liable to the Indian Railways for execution of the project in accordance with the contract. The Parties hereto also undertake to be liable jointly and severally for the loss, damages caused to the Indian Railways in course of execution or due to non-execution of the contract or part thereof or arising out of the contract.

6.

Shri ______________________________ shall be authorized partner/person on behalf of the Joint Venture to deal with tender, to sign the agreement or enter into contract in respect of the said tender, to receive payment, to witness joint measurement of work done, to sign measurement books, and similar such action in respect of CR tender/Contract. All notices/ correspondence with respect to the contracts would be sent only to this authorized member of the J.V. Firm.

7.

Notwithstanding anything contained herein, in respect of the CR Tender, with regard to the internal relationship, the inter se liabilities between the parties shall be in proportion to their respective scope of work and shall be subject to the provisions of this MOU .

Tenderer/s

For Chief Engineer(C) Central

105 8.

The Parties agree that with respect of the CR Tender neither Party, nor any subsidiary company of either Party, nor any joint venture company or any other entity, in which the Party/ies, is or are in any way interested, shall compete together with or through any third party, nor shall the Parties advise, consult for, engage in or otherwise assist in any way any person or entity or any affiliate thereof in respect of any orders or contracts related to the CR Tender.

9.

Responsibility :- Each Party shall assume and accept full responsibility for its Scope of Work and the obligations imposed in the Contract and in this MOU as if it was, with regard to its Scope of Work, an independent partner contracting individually with the Customer. In the event of any defect and damage or any claim arising from the Customer under the Contract or any third party in relation to or as a consequence of any failure to meet the performance specification the Party, within whose Scope of Work the claim arises, shall be entirely responsible for the claim and shall indemnify and hold harmless the other Party from any liability, demand, claim burden cost, expense attorney‟s fees and costs arising from thereof.

10.

Assignability :- No party to the Joint Venture has right to assign or transfer the interest, right or liability in the contract without the written consent of the other party and that of the Railway.

11.

Use of Machinery, Instruments, Labour Force, etc. :- The Parties hereto undertake that whatever the machinery, instruments, Labour force (including unskilled, skilled, inspectors, Engineers etc.) they possess at the time of entering into Joint Venture Agreement or which subsequently shall come in their possession and if such machinery, instruments, labour force is required for the speedy and efficient execution of the work, the Party/ Parties having the control over the said machinery, instrument, labour force etc. without having any regard to their share of profit and loss agreed to between the Parties in Joint Venture Agreement shall hand over the same at the disposal of the other party who is actually executing the work for purpose of execution of the contract without any hindrances and obstacle.

12.

Duration of MOU :- It shall be valid during entire currency of contract including the period of extension, if any and also till the maintenance period is over or till all the contractual liabilities including warranty/guarantee obligations are discharged completely.

13.

Applicable Law :- This MOU and any arrangement/agreements regarding the performance shall be construed and interpreted in accordance with and governed by the Laws of India and shall be subject to the exclusive jurisdiction of the courts at MUMBAI.

14.

Settlement of Disputes :- In the event of disputes arising from this MOU, the Parties to the MOU undertakes to endeavour to settle the said disputes amongst them amicably. However, if the parties fail to resolve the disputes amongst them amicably, the said disputes arising out of or in connection with the present MOU shall be resolved through Arbitration as per the provisions enshrined under the Arbitration and Conciliation Act, 1996 or/and amendments thereof.

Tenderer/s

For Chief Engineer(C) Central

106 15.

All communications or notices provided for herein shall be in the English language and be delivered, mailed, or tele-faxed to the Parties addresses as indicated below :M/s. _______________________ ____________________________ M/s. _______________________ ___________________________ All correspondence and notices to the Joint Venture shall be addressed to the Lead Member i.e. M/s. ____________/Shri _____________ at the address stated herein below :M/s. _______________________ ____________________________ Such communication or notices shall be deemed to have been duly given when so delivered or, if mailed, when received at destination.

16.

Each Part shall have full and sole responsibility to bear the expense of and effect the payment of any taxes, duties, special insurance, fees or assessments of any nature whatsoever (including personal income taxes level or imposed on any of its employees or personnel or any of its sub-contractor‟s employees or personnel) including penalties and interest, if any, levied in connection with the execution of this MOU.

17.

The parties to this MOU / JV declares and certify that they have not been black listed or debarred by Railways or any other Ministry/Department of the Govt. of India/State Govt. from participation in tenders/contract on the date of opening of bids either in their individual capacity or the JV firm or partnership firm in which they were member/partners. ( This Clause has been modified as per HQ‟s letter No. EW/187/R/465/Joint Venture Dt.11.09.2009) In witness whereof, the Parties have caused this MOU to be executed by their respective authorized representatives on the date and year mentioned herein above. Signature :Shri.______________ of M/s.______________

Signature :Shri.____________ of M/s.______________

Signature :Shri.____________ of M/s.______________

Signature :Shri.____________ of M/s.______________

Witnesses:1) Name: 2) Name:

Signature :Shri.____________ of M/s.______________

Address:Address:*******

Tenderer/s

For Chief Engineer(C) Central

107

SECTION “C” SCOPE OF WORK & Additional Special Condition

Tenderer/s

For Chief Engineer(C) Central

108 SECTION C LOCATION OF SITE AND SCOPE OF THE WORK Name of work :- “Earthwork in embankment, cutting and bridge approaches, construction of retaining wall, side drains and construction of minor bridges, RUBs, Supply of Ballast, shifting of S & T Utility, Shifting/dismantaling of Structure by ensuring Safety of existing running line, cables, OHE etc from km 317 to km 350 in connection with Daund Manmad Doubling”. ***** 1.

2.

1.

LOCATION OF SITE & SCOPE OF WORK:

The work is required in connection with Daund Manmad Doubling. The work proposed under this tender between Km .317 to Km 350 in the section for Daund Manmad Doubling project. The chainage starts from Km. 317 and increases towards Manmad. The site is connected by road network but not at all locations and contractor may have to make approach roads at his own cost. Tenderer may please note that work is for doubling in which Safety of existing single line is foremost and wherever required work will have to be carried out in Caution order and traffic blocks. Tenderer may please go through the Safety instructions in tender document. Tenderer will be bound by Safety instructions of Construction Engineers as well as Open line Engineers and work will have to be carried without any extra cost. The above information is for guidance of the tenderer, however the tenderer is required to inspect the site before tendering and get acquainted with the site conditions. The scope of work includes:i. Earthwork in embankment with contractor‟s ordinary soil up to level as directed by Engineer in charge as per RDSO guidelines GE – 0014-2007, revised / updated up to the date. ii. Earthwork in filling for bridge approaches as per Bridge Manual. iii. Providing blanketing material as specified in schedule in cutting and on the bank containing ordinary soil as per RDSO guidelines GE-0014 & IRS-GE-2 of 2005 and as per RDSO‟s revised / updated up to the date. iv. Earthwork in cutting in soft-soil/hard rock by chiseling/controlled blasting wherever required. v. The scope of work also includes Construction of Minor Bridges and RUBs between Km .317 to Km 350 in connection with Daund Manmad Doubling.” List of Minor Bridges

Sr No

Chainage

1 2 3 4 5 6 7 8

54100 55300 56100 58500 61900 66620 68220 70120

Tenderer/s

Km

Span

Type of Bridge

333/4-5 335/3-4 337/3-4

1 x 2.0 x 2.0 1 x 5.0 x 5.0 1/6.10 1/6.10 1/6.10 1 x 2.0 x 2.0 1/6.10 1 x 2.0 x 2.0

RCC Box RCC Box PSC Slab PSC Slab PSC Slab RCC Box PSC Slab RCC Box

For Chief Engineer(C) Central

109 9 10 11 12 13

70220 71320 77520 80720 81720

337/4-5 338/5-6 344/6-7 347/8-9 348/8-9

1 x 2.0 x 2.0 1/6.10 1/3.66 2/3.66 1/3.66

RCC Box PSC Slab PSC Slab PSC Slab PSC Slab

SPAN 1X6X6 1X6X6 1X6X6 1X6X6 1X6X6 1X6X6 1X6X6 1X6X6 1X6X6

TYPE RCC BOX RCC BOX RCC BOX RCC BOX RCC BOX RCC BOX RCC BOX RCC BOX RCC BOX

List of Road Under Bridges

SR.NO 1 2 3 4 5 6 7 8 9

BR.NO LC 18 LC 20 LC 21 LC 22 LC 23 LC 24 LC 25 LC 26 LC 27

KM 318/6-7 324/1-2 326/6-7 328/4-5 330/6-7 334/4-5 338/5-6 341/3-4 345/4-5

The above list of bridges and scope thereon is tentative and may be changed as per the requirement of work as per site conditions. Actual requirement and type of bridges may therefore vary as per the requirement of the work due to technical or any other considerations. The type of bridge viz. RCC Box/ PSC slab given above is tentative and will interchange as per site conditions. Similarly HP culvert may be proposed as per site condition. Tender may please note that he is binded to execute the bridge as per approved type and Configuration Bridge by Railways and no claim whatever will be accepted on this account. Contractor will be bound to execute all bridges in Km. 317 to km 350 section as per scheme decided by Railways including changes made from time to time. The substructures shown above are tentative. Actual sizes of structural members of bridges will be as per detailed RCC Design and Drawings. The type and number of bridges is also tentative and it may vary in actual execution.

vi.

Construction of side drains with cement concrete in cutting after excavation for drain as directed by Engineer in charge. vii. Excavation and construction of catch water drains, Nallah diversion etc.. viii. Earthwork for trolley refuges. ix. Temporary road diversion and other related works. x. Stone pitching on side slopes at specified locations. xi. Providing RCC NP4 pipes of various diameters for pipelines crossing the proposed railway alignment at various locations in the section as per directive of Railways.

Tenderer/s

For Chief Engineer(C) Central

110 xii. Construction of toe walls & ballast walls at the bridges at indicated locations. xiii. Shifting of S&T utility as per requirement of doubling. xiv. Removing of existing P-way material along the alignment and stacking the same at location as advised by open line engineers. xv. Preparation of completion drawing (all detailed drawings) on polyester based reproducible tracing films made out on AUTOCAD package. 3.

The quantities and chainages are tentative only for assessment of work in section. Earthwork in formation is required to be executed as per levels indicated in corrected Project Sheets supplied by Railways to the contractor for execution of work.

4.

Pipe lines already laid across proposed alignments are crossing at various locations are to be encased by appropriate diameter and various types of pipes given in the schedule. These existing pipe lines have to be exposed by making manual / machine trenches, disconnection for encasing, carrying out encasing and then reconnection. The payment for the encasing of pipe will be made under relevant MS/NS Items.

5.

Drainage work is involved in different cutting sections & also in station yards as the case may be.

Tenderer/s

For Chief Engineer(C) Central

111 (II) Name of work: - “Earthwork in embankment, cutting and bridge approaches, construction of retaining wall, side drains and construction of minor bridges, RUBs, Supply of Ballast, shifting of S & T Utility, Shifting/dismantaling of Structure by ensuring Safety of existing running line, cables, OHE etc from km 317 to km 350 in connection with Daund Manmad Doubling”. I.

ADDITIONAL SPECIAL CONDITIONS OF CONTRACT:-

1.

Unless otherwise specified in contract agreements, quality and workmanship of all work shall conform to the relevant specifications mentioned in "Indian Railway Unified Standard Specifications for Works & Materials" and any other standard specification referred therein. In case certain specification is not covered in the Indian Railway Unified Standard specification then relevant I. S. Codes shall be applicable. In case of absence of relevant I. S. Codes, worldwide reputed standards like ASTM or British Standards as decided by Engineer-in-charge shall be applicable.

2.

Work shall be carried out strictly in accordance with the approved drawings and no deviation from drawings shall be permitted unless specifically approved / ordered by Engineer. Decision of Railway in this regard would be final and binding on the contractor. The contractor shall arrange to prepare site specific sketches / drawings as per direction of Engineer – in – charge. No extra payment shall be made on this account except otherwise specified in tender schedule.

3.

The intending tenderer are required to survey the availability of the construction material in the project area including its availability during the entire construction period and its transportation to the site of work. No claim on account of non availability of survey & other materials nor its transportation to site of work, shall be entertained or paid by Railways.

4.

Rates include, unless otherwise specified, all freight charges and lead and lift to the site of work, for all materials, equipments, tools and plants, etc. that may be used by the Contractor on the work. Rates include, unless otherwise specified, all work with Contractor's materials, labour, tools, and plants that may be required to complete the works under the scope of individual Standard Schedule item, including scaffolding, shuttering, from work, etc. upto all heights and down to all depths, unless specified otherwise. 4.(a) The contractor shall ensure that the materials such as bitumen, tar, paint, water - proofing compound, distemper and the like are packed in original sealed containers / packing, bearing manufacturer's marking and brands, etc., (except where the quantity required is a fraction of the smallest packing). Materials not complying with the required specifications shall be rejected. 4.(b) The Contractor shall carry out such instructions as are given to him in writing by the Engineer to ensure that the full quantity of materials as specified, go into the work.

5.

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.

6.

Codes, Manuals & By-laws :- The contractor shall arrange all relevant codes (IS,IRC etc.), manuals, bylaws which are required for execution of work or as considered to be required by engineer, at site at their own cost and no extra will be paid on this account. In case of failure Railway may procure / purchase the same and recover charges from contractor/s bills or any other dues payable.

Tenderer/s

For Chief Engineer(C) Central

112 7.

The contractor will have to arrange for sufficient plant, machineries, and labour at all times during the execution of work and ensure strictly that there is no delay on this account. Any decision by Railway‟s representative as to minimum number of shuttering sets, plants, machinery in this regard shall be final and binding on the contractors.

8.

Site Office for Engineer and other Supervisory staff :- Contractor shall arrange office at Belwandi during the execution of the work with 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. 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. The above computer operator shall also attend the Railway Office to carryout various drawings, charts, reports incidental to the work on behalf of contractor. 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.

10.

Contractor shall depute two skilled and two semi – skilled staff 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.

11.

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.

12.

Contractor is required to provide one sign board beside site office showing the details as under:- (i)Name of project (ii) Name of work & (iii) Name of agency. No additional payment shall be made for the same, as this is being incidental to the work.

13.

Contractor has to provide all necessary signages, boards etc. and required works 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.

14.

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.

Tenderer/s

For Chief Engineer(C) Central

113 15.

The Railway administration reserves the rights to operate the items in schedule fully or partly, up to any extent or delete any item of this tender schedule as required as per site conditions or any technical or other consideration & the contractor will have no right to claim extra cost or compensation on this account.

16.

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.

17.

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.

18.

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

19.

It is primary responsibility of the contractor to obtain all necessary permissions, permits / pervanas 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.

20.

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. Unless specified otherwise for executing the work, if any road is to be diverted, the same shall be done by the contractor without any extra cost also & no any claim or compensation will be entertained / paid even if preferred so by the contractor/s.

21.

It shall be noted that while carrying out the work, other agencies such as Electrical, S&T and Civil will also be working in the area and contractor will have to execute the work in total co-ordination with other agencies 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. In the section, some works may be in progress, Contractor has to co-ordinate with those agencies for executing the work smoothly, without disturbing the work of other agencies.

22.

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 work of construction of bridges etc.

23.

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 for foundation and advise them to remove the same from the railway boundary at their own expenses / cost. No extra cost or compensation shall be considered by Rlys. nor the same will be quoted as reason for extension to time limit / completion if any. The spoil earth and excavated muck, which is not found usable, shall be carried away from the Road / Railway‟s area, for which no extra payment will be given by the Railways.

24.

Tenderer/s

For Chief Engineer(C) Central

114 25.

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 material etc. However, they can make use of existing service road available, if any. Railway will provide suitable space for installation of the concrete batching plant and for site office, anywhere in between section as per availability.

26.

The rate quoted by the tenderer should be inclusive of all taxes, levies, royalty charges & cess etc. leviable by State / Central Govt. or by local authorities. The rate shall be inclusive of all sales / turn over tax, Service Tax, VAT including all other cess, etc., on contract in the State of Maharashtra. No claims for increase in the rates / taxes / cess shall be entertained or paid even if preferred so by the contractor.

27.

At the close of daily work special care is to be taken to clear sites from loose materials which can be misused for sabotage. Disposal of the rejected structure : If any precast girder or any other form of the structure is rejected by Railway, the contractor shall dispose off the rejected structure at his own cost in the manner indicated by the Engineer. Any items, if not required as per site conditions can be deleted or new items required to be executed will be operated according to the modification of drawing or as per the instructions of 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.

28.

29.

30.

Unless specified otherwise cement shall be supplied/arranged by contractor as per specification & relevant clauses in Tender / Agreement attached and the rates quoted by the contractor for various items should be inclusive of cost of their own cement.

31.

Reinforcement steel of various diameter shall be supplied by the contractor as per specification and relevant clauses in Tender/Agt. attached, payment for which will be made under relevant item of schedule.

32.

The contractor shall submit a programme for completion of the work in form of Bar / Pert Chart before the commencement of work. LIST OF APPROVED MANUFACTURERS & SUPPLIERS

33.

Sr.No 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, RAJSHREE & Birla or approved equivalent. TISCO,SAIL,RINL,JINDAL,ESSAR(only from these Primary manufacturers) 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. Also contractor/s should ensure & submit separate Design mix with the change in source of cement. 34.

It is pertinent to mention that the work is at different locations. Considering that the entire work is to be completed in within the specified completion period, contractor is required to plan simultaneous execution of various works by mobilizing required resources like shuttering materials, skilled labours etc which will be critical in ensuring completion of work within specified completion period. Contractor shall therefore make note of this & accordingly make timely arrangement for required material for enabling smooth and speedy execution of work.

Tenderer/s

For Chief Engineer(C) Central

115 35.

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 (Ahmednagar) 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.

36.

Telephone Facilities:-The

37.

Disposal of Excavated Material under subitems of 013110:- All excavated material under subitems of USSOR item 013110 i.e. 013111 to 013115 will be the property of the Railway and shall be stacked as directed by the Railway only in kilometers the Railway administration found that surplus land is available for stacking the excavated material and this material can be utilized 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.

Contractor shall have to make an arrangement for providing telephone facilities at the site of work at his own cost. The telephone facilities provided by the Contractor shall be allowed to be used by the Railway staff without any charges.

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116

SECTION “D”

Technical Specification

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117 Section D SPECIAL CONDITIONS OF CONTRACT : TECHNICAL SPECIFICATIONS 1)

GENERAL These special Conditions are applicable to all items including M.S. & N.S. items. These will be over and above the Indian Railways Unified Standard Specifications (IRUSS) (Works and Materials) 2010. CODAL PROVISIONS: All the work is to be carried out by and large as per the latest amended versions of the following relevant IRS and IS codes. In case of any discrepancy or disagreement between different specifications to be followed for any item of work, the following references shall be made in order of precedence as they appear below: Provisions in these documents IRS codes of Practice/Standard specifications. IS codes Provision of any other relevant code. 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. Contractor will be responsible to arrange adequate copies of each of the relevant codes/specifications/manuals at site of work at his own cost 1.1. Indian Railways Unified Standard Specifications (IRUSS) (Works and Materials) 2010 :- For Materials & works shall be adopted. Some additional specifications are added herewith. Notwithstanding any provisions made in the IRUSS 2010, the provisions made in the technical specifications shall be binding. In the absence of any specification for any work on material the relevant Indian standard specification would be applicable and where no Indian standard specification exists, relevant international specification or the specification given by Railway would be followed. Decision of Railway in this regard would be final and binding on the contractor. 1.2. Field Laboratory :- 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. The following minimum items/equipments shall be provided in the field laboratory.

Description 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. as for the site office of the Engineer in Clause 1.2. 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. Atleast 2 racks of slotted angles and M.S. sheets and atleast 4 stools for laboratory test operators shall also be provided

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118 1.2.3

Laboratory Equipment The following items of laboratory equipment shall be provided in the field laboratory.

General i)

x)

Oven - Electrically operated, thermostatically controlled, range upto 200oC sensitivity 1oC Platform balance 300 kg capacity Balance 20 kg capacity self-indicating type Electronic Balance 5 kg capacity accuracy 0.5 gm Water-bath electrically operated and thermostatically controlled with adjustable shovels, sensitivity 1oC Thermometers : Mercury-in-glass thermometer range 0o to 250oC Kerosene or gas stove or electric hot plate Glasswares, spatulas, wire gauzes, steel scales, measuring tape, casseroles, karahis, enameled trays of assorted sizes, pestle-mortar, porcelain dishes, gunny bags, plastic bags, chemicals, digging tools like pickaxes, shovels etc. Set of IS sieves with lid and pan: 450 mm diameter: 63 mm, 53 mm, 37.5 mm, 26.5 mm, 13.2 mm, 9.5 mm, 6.7 mm and 4.75 mm size 200 mm diameter: 2.36 mm, 2.0 mm, 1.18 mm, 600 micron, 425 micron, 300 micron, 150 micron and 75 micron Water testing kit for chloride, sulphate and pH value

xi) xii)

Digital Moisture Meter First aid box

ii) iii) iv) v) vi) vii) viii)

ix)

1 No. 1 No. 1 No. 2 Nos. 1 No. 4 Nos. 1 No. As required

1 set

2 sets

1 set at each site 1 No 1 set

For cement and cement concrete i) Vicat apparatus for testing setting times 1 No. ii) Slump testing apparatus 4 Set iii) Compression and Flexural strength testing machine of 200 tonnes 1 No. capacity with additional dial for flexural testing iv) Needle Vibrator ( Electrical driven) 2 Nos. (Minimum) v) Air meter apparatus 1 No. vi) Permeability testing apparatus 1 No. vii) Cube mould of size 15 cm x 15 cm x 15 cm 36 Nos. (Minimum) viii) Accelerated cured concrete test apparatus (IS: 9013-1978) 1No.

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119 For soil and aggregates viii) ix)

Modified Procter Test Equipment 1 Set Dry Bulk Density Test apparatus (sand pouring cylinder, tray, can 2 Sets etc.) complete. x) Set for sand replacement method for measuring the density of the 2 Sets compacted soil xi) Oven – electrically operated, thermostatically controlled range upto 1 No. 200oC sensitivity 1oC xii) Rapid moisture meter 1 No. xiii) Mechanical sieve shaker with complete set of sieves 1 No. xiv) Flakiness & Elongation gauges 2 Nos. each xv) CBR testing equipment. 1 Set xvi) Relative density apparatus 1 Set. Note : The items and their numbers listed above are tentative and shall be finally decided by the engineer in charge as per the actual requirement of the same on the works. 1.3.

Setting Out :- The Contractor shall establish working Bench Marks tied with the Reference Bench Mark in the area soon after taking possession of the site. The working Bench Marks/levels should be got approved from the Engineer. 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. Only Total Station equipment with trained Engineer shall be deployed for Setting out.

1.4

Testing to be done by contractor at his own cost :- The tenderers should note that the rates of the items are inclusive of all the testing charges required for on site or laboratory testing of all the materials for passing of the materials as specified in this tender document or required as per IRS / IS Codes or relevant Codes. All outside lab testing shall be from labs approved by NABLC. However, the periodic and timely testing of materials will be the responsibility of the contractor/s only. *****

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120 2. SPECIFICATIONS FOR EARTH WORK AND BLANKETING 2.1

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.

2.2

The above items 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.

2.3

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. (i) Site clearance & dagh-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. (ii) 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.. (iii) 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. (iv) 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. (v) 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.

2.4

The payment for the earthwork and supplying and spreading of blanketing material will be made on the basis of cross sections for the compacted work as accepted by the Engineer.

2.5

The final profile of the top is to be achieved by deploying motor graders, use of motor grader is compulsory & must be ensured for achieving better top finishing quality.

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2.6

The rate for earth work in bank shall also include excavation in all condition of soil whether dry or wet, loading into and unloading from contractor's own transport, lead and lifts as mentioned in item, filling bank in layers, dressing all slopes and surfaces to final dimensions.

2.7

The rates quoted by the tenderer/s shall include clearing the site from all bushes, roots, grass etc. demarcating by furrows the toes/edges of slopes of banks/cutting and cost of setting out by stacks bamboos, strings pegs etc. and benching of slopes. After site clearance, all pockets and depressions left in the soil shall be made good and completed.

2.8

Rate for earth work in bank /cutting shall also include the cost of maintenance of the bank/cutting by the contractor to the correct profile including repairs of all rain cut and removal of slips and making good the profile etc. until final measurement have been taken by the Engineer-in-charge. Completed bank/cutting shall be taken over after final measurements are recorded.

2.9

No extra payment shall be made for any interruption of shrinkage, settlement, slips, damages etc. that take place due to rains during the course of work and/or for wet excavation. Final measurement will be taken and finished bank/cutting to required slope taken over after the work is completed to the satisfaction of the Engineer.

2.10

The rates shall include cutting of trees branches infringing moving dimension and coming in the way of earth work between the existing railway track and the line 30 cm away from toe of the proposed bank and also uprooting the major roots to a maximum depth of 1.5 m. Such branches and roots cut by contractor/s will be allowed to be taken away by him/them after obtaining necessary permission from the forest Department wherever necessary. Contractor will indemnify the Railway against all claims made by the Forest Department to this regard.

2.11

The affected tree branches which are coming in the way of work will be marked by the Engineer's representative and only those branches which have been thus marked and listed will be removed by the contractor/s. No claim will be admissible from the contractor/s in regard to tree branches, bushes woods etc. stolen from the site after their cutting will be admissible.

2.12

The work shall be carried out as per the longitudinal section plan and cross section profile furnished by the Engineer in charge. Changes in 'L' section and cross section profiles and Railway yard plans can be made during the course of work, if necessary. Railway reserves the right to make changes in alignment and formation level as considered necessary to suit the site conditions and no compensation in any form will be admissible on this account. The contractors will have to execute the work as per final plans at the rate/rates quoted by him/them.

2.13

The earthwork gross quantities in embankment will be reduced by 10% towards shrinkage allowance as per para 1.1.6.10 of IRUSS 2010. 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 & Materials.

2.14

Stretches of bank or cutting when completed will not be less than 1 km in length before they are offered for final measurement and while taking over by the Engineer‟s representative unless otherwise directed by Engineer in charge.

2.15

Some of the working area may be full of waste, garbage and night soil and it shall be the responsibility of the contractor to dispose of this as well as other organic soil, peat, muck or black cotton soil etc. such type of soil shall not be allowed to use on banks. Before transportation of cutting spoil to bank formation contractor shall have to take the approval of Engineer in charge for the suitability of soil.

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2.16

LEVELLING INTERVALS MEASUREMENTS ETC.

2.16.1 Normally longitudinal levels shall be taken at interval of 25m.Where the ground is uneven or there is sudden rise or fall in levels, levels may be taken at closer intervals. 2.16.2 For cross sections, levels shall be taken at interval of not more than 5 m. Levels for cross sections may be taken at closer intervals where warranted. 2.16.3 Before the commencement of the work, the cross sectional levels of ground will be taken in the presence of contractor/s and will be plotted in due course by the Engineer's representative. The contractor/s will be required to sign both the level books and the profile sheets and start work only after this. 2.17

CODES OF SPECIFICATIONS:

2.17.1 The execution of earthwork including completion of the same shall conform to the latest version of codes of practice mentioned below with the amendment incorporated upto the date of opening of this tender. I.

IS-2720 Part II 1973 method of tests for soil determination of water contents (II Edition).

II.

IS-2720 Part III section I of 1980 method of tests for soil determination of specific gravity.

III.

IS-2720 Part IV 1983 method of test for soil grain size analysis.

IV.

IS-2720 Part V 1985 determination of liquid and plastic limit.

V.

IS-2720 Part VIII 1983 determination of moisture contents dry density using heavy compaction.

VI.

IS-2720 Part XIV 1983 determination of density index (Relative density) of a cohensionless soil).

VII. IS-2720 Part XVII 1992 method of test for soil determination of field moisture equivalents. VIII. IS-2720 Part XXIX 1975 determination of dry density of soil in place by the core cutter methods. IX.

IS-1498-1970 classification and identification of soils for General Engineering purpose.

X.

IS-10379-1982 code of practice for field control of moisture and compaction of soils for embankment and sub-grade.

XI.

Indian Railways Unified Standard Specifications (IRUSS) (Works and Materials) 2010.

XII. Guide lines for earthwork in Railway Project (1987) Published by RDSO-Lucknow & RDSO guidelines GE-G-1 – July, 2003, GE-2 of 2005 & GE:0014 November 2009. XIII

IS 2720 Part XVII 1987 – Determination of CBR Value in lab.

XIX

IS 2720 Part XXXI (Part 31) 1969 – Determination of CBR value in field.

2.17.2 A copy of all above codes will be kept at site before starting of earth work by contractor. Nothing extra will be paid on this account.

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123 2.17.3 In case there is any variation in the different codal practices, the decision of Dy Chief Engineer (C)ANG in regard to the practice to be followed shall be final and binding on the contractor/s. 2.18

COMPACTION OF SANDY OR SILTY SOILS WITH MODERATE COHESION.

2.18.1 With the moderate cohesion, the compaction in layers by rollers is most effective. Vibratory rollers have been found more effective than the static rollers and greater thickness of layers can be allowed. 2.18.2 The water content at which a soil is compacted has an effect on all the physical properties of compacted soil. Therefore, design parameters should be carefully selected to cater for the most unfavorable conditions. 2.18.3 Water content and densities should be specified as obtained in the field trials as per IS 10379-1982 .Laboratory tests for heavy compaction as per IS 2720 (Pt.VIII) –1983 should be carried out for obtaining these. Densities attained in field trails normally should be around maximum dry densities as obtained from these tests and should form the basis for specifications and control. The moisture content controls may not be specified and 98% of such densities as achieved in field trials are only specified. 2.18.4 For compaction controls Guide lines for earthwork in Railway Project (1987) Published by RDSOLucknow & RDSO guidelines GE-G-1 – July, 2003 should be used for field trials. 2.18.5 Any relaxation in the above mentioned specifications, if necessary due to special circumstances, should have the approval of the Chief Engineer in charge of the project. 2.19

COMPACTION OF CLAYS.

2.19.1 Main objective of compacting predominantly clayey soils is to achieve a uniform mass of soil with no voids between the chunks of clays which are placed during the entire work. If moisture content is too high, rollers tend to sink into the soil. Maximum dry densities and optimum moisture contents should be found from laboratory tests for heavy compaction as specified in IS:2720 (Pt.VIII)1983. The laboratory results may only be used for arriving at those practically achievable densities and optimum moisture contents as obtained from the field trials as per IS 10379-1982. 2.19.2 Sheep-foot rollers are most effective in breaking the clods and filling large spaces. The layer thickness should be equal to the depth of the feet of roller plus 50 mm. For specifications of sheep-foot rollers IS 4616-1968 may be referred. 2.20

COMPACTION OF COHESIONLESS SOILS

2.20.1 The effective method of compacting cohesion less soil is the use of vibratory roller and soil has water content near OMC. However, in spite of compaction, railway embankment may show small settlement during the initial stages of traffic after the line is opened. Moreover, introduction of new type of stock with different vibratory characteristics and axle loads etc. may also result in small settlements due to embankment soil undergoing further compaction. 2.20.2 Poorly graded sands and gravels with uniformity co-efficient of less than 2.0 should not be used in earthwork for the banks to safeguard against liquefaction under moving loads or especially due to an earthquake tremor. 2.20.3 IS Code No. 2720 (Pt.XIV 1983) should be followed for compaction in cohesion less soils. Minimum 70% Relative Density must be achieved during compaction which shall be done in layers of uniform thickness not exceeding 60 cms.

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124 2.21 GENERAL POINTS 2.21.1 The suitability of various rolling equipment for different types of soils is given in Annexure –V.of RDSO guide line GE:G-1 July 2003. 2.21.2 Adequate drainage must be ensured for the works in service conditions. The road bed should have a cross slope of 1 in 30 from the centre towards the side drains on either side. 2.21.3 The side slopes of the embankments and cuttings may have to be protected by special measures such as turfing, GJT etc. to prevent erosion. 2.21.4 It will be necessary to keep the borrow pits sufficiently away from the toe of the embankments to prevent base failures due to lateral escapement of the soil. The distance of borrow pit from the bank will have to be decided in each case on its merits. 2.21.5 In the case of embankment in highly cohesive or clayey soils, special treatment may be necessary to ensure a stable formation. Such measures will have to be determined after thorough investigation and study of the soil properties. 2.21.6 Special investigation such as slope stability analysis will also be necessary in regard to high fill (more than 6m) construction on swampy ground or marshy lands and deep cuttings. 2.22

SPECIFICATIONS FOR MECHANICAL COMPACTION OF EARTH WORK.

2.22.1 Guidelines for execution of earthwork in embankments and cuttings on new constructions, doublings and conversion projects have been separately formulated. These envisage mechanical compaction of earthwork. The following specifications for such compaction work are recommended for adoption. These may require some modifications to suit local conditions and may also have to be amended on experience at a future date. 2.22.2 SUB GRADE COMPACTION After site clearance all pockets and depressions left in the soil, if any, should be made good and compacted suitably. 2.22.3 METHOD OF COMPACTION. 2.22.3.1 Earth work should be done in layers not exceeding 300 mm and 600 mm thick in the loose state with the static and vibratory rollers respectively. The thickness of the loose layer should be decided after preliminary trial with the equipment proposed to be used as per GE-G1 2003. The layer should be compacted preferably at or near the water content thus determined with suitable rollers to achieve the desired density of 98% of MDD as obtained from heavy compaction as per IS 2720 (Pt. VIII) – 1983. It would be necessary to; use right type of compaction equipment for proper and speedy compaction for quality control of earthwork, however, only practically achievable values of densities would be indicated as obtained from the field trials. 2.22.3.2 The performance of rollers is dependant mainly on the type of soil The different type of rollers and the types of soil for which they are more suitable are given in Annexure–V of RDSO specifications for earthwork. 2.22.3.3 Where compaction is done by sheep foot rollers, the depth of each layer of loose soil should not exceed by more than 50 mm the length of their feet.

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125 2.22.3.4 Before the work is commenced, field compaction trials should be conducted as per GE-G1 2003 for deciding upon the most desirable moisture content and economical thickness of layers and the number of passes required to achieve the specified density. Heavy compaction tests should be first carried out on the soil from the borrow pit areas to ascertain the optimum moisture content and the maximum dry density. A cast area should then be selected and the fill material spread over this area in strips varying the depth of the loose materials and compacting with suitable type of roller at or near the OMC. The dry density of the compacted soil should be determined after different number of passes. Based on these trials the optimum depth of loose layers and the number of passes required should be decided such trials may have to be repeated at different locations wherever there is a change in the type of soil. 2.23.

RECOMMENDED TESTS FOR QUALITY CONTROL

2.23.1 Coarse grained soil which contains fines passing 75 micron upto 50% should be compacted to get the density index (Relative density) a minimum of 70% as obtained in accordance with IS:2720 (Pt. XIV)1983. 2.24

All other types of soil when compacted should normally have at least 98% of the maximum dry density as determined by using heavy compaction in accordance with IS: 2720 (Pt. VIII) – 1983. However, the actual densities obtained during field trials should form the basis to eliminate the difficulties in the field due to any reason of weather conditions or non-availability of appropriate compaction equipment.

2.25

MOISTURE CONTENT

2.25.1 The objective should be compact near OMC or above to achieve the density as specified in most efficient manner. 2.26.

PRECAUTION

2.26.1 Earth layer should be compacted to the desired density over its entire width commencing from the sides, before the next layer is commenced. 2.26.2 There should be a minimum overlap of 150 mm between each run; of the rollers. 2.26.3 Care should be taken during rolling to suitably slope the surface of the bank to facilitate the shedding and to minimize absorption of rain water, special attention being given to the prevention of ponding. 2.26.4 The top of the formation should be finished to a slope of 1 in 30 away from the centre. 2.26.5 Extra wide bank by 50cm on either side shall be rolled and then dressed to size for avoiding any loose earth at the shoulders. 2.27.

QUALITY CONTROL OF WORK

2.27.1 Adequate arrangements for control of compaction must be ensured during the construction so that the required degree of density is obtained in each layer of earthwork. 2.27.2 The density of each layer of compacted soil should be ascertained by taking soil samples, collected mostly on either side of the centre line at intervals of 10 m or so with a few taken at random near the two sides using sand replacement as per IS: 2720 (Pt. XXVIII)-1974 or core cutter method as per IS:2770 (Pt. XXIX) 1975. The number of tests will of course, depend on the width of the formation. 2.27.3 The above tests for quality control may not be necessary while mechanically compacting banks formed with cohesion less soil except for the top one metre.

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2.28.

EARTHWORK WITH CONTRACTOR‟S OWN EARTH Specification of earth: Should confirm to SQ2 OR SQ3 as per GE 0014, but SQ3 will be preferred in top 1 metre of subgrade.   

Following soil should be avoided: Peat and organic soils chalk etc. which are likely to disintegrate. Poorly graded sands with Cu < 2.

2.28.1 Selection of Borrow Area: a) Borrow area should be selected sufficiently away from the alignment, as for as possible at the extreme of Railway land but normally not less than 3 m plus height of the embankment to prevent base failure due to lateral escapement of the soil. b) Borrow area should be selected for soil suitable to be used in construction. 2.28.2 Till such time the embankment is completed and final measurements have been recorded and handed over; if subsidence taken places due to elements such as winds, floods, cyclone etc. all such rain cuts, subsidence etc. have to be made good by the contractor/s for which no payment what so ever shall be payable. 2.28.3 The cross section of ground will be recorded by the engineer or engineer‟s representative in the prescribed level books only and not in any book or register. The contractor/s shall not start the work unless he/they is/are satisfied that the proper ground levels have been recorded in proper level books by the engineer‟s representative and the same are signed and accepted by him, failing which the level recorded in level books by the engineer‟s representative will be binding on the contractor/s. 2.28.4 No dispute of any sort subsequently will be accepted as it will also be the responsibility of the contractor/s not to start the work unless ground levels are recorded in proper level books provided for the purpose and the same are signed by him/them. 2.28.5 In case of banks no payment over the required theoretical profile will made. In case earthwork is done above the required formation level, the same shall have to be brought to correct level banks which are smaller than the required profile, the same will have to be made up before final measurements are recorded. 2.28.6 The area of the cross section covered by standard theoretical profile shall only be considered for payment. The extra 50 cm wide earth work (berm) on either side shall not be payable. The entire 50 cm berm on either side will not be allowed to be recovered. 2.28.7 The earth work shall be done without causing any disturbances to the rail or road traffic and tenderer/s is/ are not entitled for any extra payment for obstructions such as rail or road traffic and also for crossing track etc. The rate quoted by the tenderer/s shall be deemed to include all cost of work, including excavation lead, lift, spreading, watering, mechanical compaction etc. required for the satisfactory completion of works.

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127 2.28.8 If due to any reasons, the work is left incomplete in any stretch it would be dressed by the contractor/s so that measurements can be taken. If the contractor/s fails to do so it will be done by the Railway at the cost of contractor/s. 2.29.

Specification for Mechanically Produced Blanketing Material for Railway Formations including Guidelines of Laying as per GE – 0014. (RDSO Guidelines as amended from time to time are to be followed).These are as under ;

2.29.1 Scope: This specification and guidelines are applicable for supply and laying of mechanically produced blanket material for use on railway formations along with its manufacture, transportation, compaction, testing, acceptance and measurement. 2.29.2 Definitions: 2.29.3 Formation: An earthen structure of specified dimensions, both for cuttings and for embankment. Blanket: Blanket is a layer of specified coarse, granular material of designed thickness provided over full width of formation between subgrade and ballast. Mechanical Production: Production of blanket material from naturally available raw material at a plant. Blending: Mechanical mixing of more than one natural or mechanically produced granular soil material in tentatively predefined ratio in order to get final product of desired properties 2.29.4 RECOMMENDED SPECIFICATIONS OF BLANKET MATERIAL (Mandatory) 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. 9 below & Grading Percentages within the range given in Table-5 below 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.

In exceptional cases on technical and economic considerations, LAA value maybe relaxed upto 40% by Pr CE on Open Line & CAO/C in construction projects. v) Filter Criteria should be satisfied with 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) 12.2 Filter Criteria is optional, at present. This can be adopted with the experienced gained of its compliance for different types of soils with blanket.

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.29.5 QUALIFYING AND QUALITY ASSURANCE TESTS (Mandatory) Qualifying tests as part of pre-selection of good earth for track subgrade, embankment fill is required to be carried out. Also, quality of compaction is required to be done to ensure good quality construction. i) Selection of soil: For selection of soil to be used as embankment fill CBRtest is required to be conducted on material. CBR test is conducted on ground soil, embankment fill, prepared sub-grade & blanket material to ensure the minimum specified CBR value of these materials to be used in construction. This test is carried out on soil sample in laboratory as per procedure given in IS:2720 (Part 16)-1987 & in field as per IS:2720 (Part 31)– 1969. ii) Quality Assurance Test on Compacted Layer : Quality Assurance Tests are required to be conducted on part completion stages of formation, prior to clearing for further earthwork, track linking work: Heavy Proctor test is required to be conducted to determine the Maximum Dry Density of soil as per IS: 2720 (part 8). In-situ density is measured in the field by Sand Replacement Method (IS: 2720 – part 28) or Core Cutter Method (IS: 2720 – part 29) to calculate the degree of compaction. this shall be determined in laboratory as per BIS procedure with the specified frequency of earthwork quantity, as envisaged in „Guidelines of Earthwork in Railway Projects, GE:G-1, July 2003. Second Step Plate Load Test (Optional) is required to be conducted in-situ for measurement of Deformation Modulus EV2 of compacted layers of embankment, blanket, prepared subgrade etc. The test procedure has been detailed in German Code DIN:18134- 2001,‟Determining Deformation & Strength Characteristics Of Soil By Plate Loading Test”. The minimum value of EV2 should be ensured at different levels as specified. Brief procedure of these above tests has been given in Annexure-2. 2.29.6 Frequency of Quality Assurance Tests a) CBR test for selection of formation materials and other tests required for ensuring conformation of the materials (blanket, subgrade) as per specification e.g. size gradation, Cu, Cc, Los Angles Tests, OMC/MDD etc.shall be conducted at following frequency : i) Embankment Fill : one set of tests for every 5000 cum ii) Prepared subgrade : one set of tests for every 2000 cum iii) Blanket material : one set of tests for every 500 cum b) In-situ Degree of Compaction (or In-situ dry density measurement) test shall be conducted on each compacted layers in random pattern at following frequency for the different layers : i) Embankment Fill : one density measurement at every 500 sqm surface area of each compacted layers ii) Blanket and Prepared Subgrade : one density measurement at every 200 sqm surface area of each compacted layers. c) Second step Plate Load Test : This test is in practice in German Railways and recommended by UIC Code 719 to measure the quality of earthwork and blanketing after compaction. For Indian Railways, this test is made optional presently. In the guidelines, this test has been included as a future development for quality assurance test on compacted surface. This should be done for EV2 measurement at top of each formation layers eg. at sub-soil, compacted subgrade, prepared subgrade, blanket etc. at the frequency of one test per km length of section.

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130 2.29.7 Frequency of Quality Assurance Tests a) CBR test for selection of formation materials and other tests required for ensuring conformation of the materials (blanket, subgrade) as per specification e.g. size gradation, Cu, Cc, Los Angles Tests, OMC/MDD etc. shall be conducted at following frequency : i) Embankment Fill : one set of tests for every 5000 cum ii) Prepared subgrade : one set of tests for every 2000 cum iii) Blanket material : one set of tests for every 500 cum b) In-situ Degree of Compaction (or In-situ dry density measurement) test shall be conducted on each compacted layers in random pattern at following frequency for the different layers : i) Embankment Fill : one density measurement at every 500 sqm surface area of each compacted layers. ii) Blanket and Prepared Subgrade : one density measurement at every 200 sqm surface area of each compacted layers. c) Second step Plate Load Test : This test is in practice in German Railways and recommended by UIC Code 719 to measure the quality of earthwork and blanketing after compaction. For Indian Railways, this test is made optional presently. In the guidelines, this test has been included as a future development for quality assurance test on compacted surface. This should be done for EV2 measurement at top of each formation layers eg. at sub-soil, compacted subgrade, prepared subgrade, blanket etc. at the frequency of one test per km length of section.

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133

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134

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135 2.29.7

Method Statement for Mechanical Production of Blanketing Material:

2.29.7.1 Crushing Methodology: In the event of non-availability of natural source of blanket material, depending on the proximity of project site from the parent rock/boulder sources, it may be decided to crush the rock/boulder in order to produce crushed blanket material. Salient features of this methodology are:  Crushed blanket material may be produced as sole product or in conjunction with ballast or any other nominal size.  Trials and permutations of feed speed, crushing cycle, and sieve combinations may be required to arrive at the required particle size gradation.  It is possible to achieve near total produce of desired gradation through cycle management. Alternately, it may be possible to get by-products of other sizes in the desired proportion and blanket material as main produce or vice-versa.  Optimisation of production rates and costs can be achieved by controlling the output at each sieve stage.  It is ideal to mix the required quantity of water for OMC (accounting for loss/gain of moisture due to weather conditions) at the crusher plant and transport the material in wet condition.  Quarry dust or natural by-product of production of higher size coarse aggregates may themselves be suitable for use as blanket material. In all such cases, where large scale crushing is taking place for production of ballast, trials may be conducted to arrive at ideal particle size gradation of the by-product also.

The schematic diagram of for production of blanket at this crusher is given below:

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2.29.8

Blending Methodology:

2.29.8.1

Blanket material could be obtained by proper blending of two or more soils or in combination with soils and crushed material like stone chips or quarry dust.

2.29.8.2

Before approving such sources, trials for blending to judge the final product, needs to be done. Detail methodology of blending to be adopted to produce large quantity of blanket material with consistent quality, needs also to be laid down in advance.

 

Blending of either natural or crushed materials in a pre decided ratio could be adopted. Theoretical and laboratory trials are required in order to establish the desirable ratio of the blending materials. This exercise may be done in advance before finalizing the contracts for such a material. The methodology of blending trials is explained below: o Identify the usable materials/soils. o Take equal weight of the soils for sieve analysis. o Write down the weight retained at each sieving stage for all the soils. o Apportion a percentage component to each soil and work out a theoretical mix. o Draw particle size distribution curve of the mix to find out desirability of gradation. o If not successful, make another trial, and so on. o Trials and plotting work can also be done using simple computer programs.

2.29.8.3

Mechanical blenders using simple technology are now available in the market. Two types of mechanical blenders are quite common:

i)

Drum type blenders: Drum type machines may involve weigh batching or manual feeding of material. They involve more moving parts. Hence, these machines are both manpower and maintenance intensive. They may pose a problem of segregation of material and as such do not afford any cost advantage either in the short or long run. These may be suitable for small quantities and not for large-scale production as required in construction projects.

ii)

Pug mill type blenders: For continuous production of mix in large quantities, the best way is to feed the aggregates/ soils of pre decided gradation by way of 3 or 4 bins with conveyor belt. The required output grading can be achieved by adjustment of gate openings of bins. The use of pug mill type blenders is found very cost effective, as the manpower involvement is very little and only 4-5 people can run a plant of 100 tph. The pug mill blender consists of:

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137 1) Four bin aggregate unit 2) Pug mill mixer unit 3) Water tank and metering system 4) Conveyor belts 5) Storage silos (optional) 6) Anti segregation surge hopper 7) Automation and controls A schematic diagram showing the various arrangements is shown below:

The other important features of this technology are: 

Automatic feeding of soils/aggregates under gravity,



Arrangement for precise control of mixing of water,



Either direct loading into trucks, or optional storage at plant,



Availability of domestic manufacturers, and low cost of set up,



Advantage of removal and relocation with ease.

2.29.8.4

2.29.9

The pug mill type blending equipment shall be preferable . Contractor may choose any available equipment in the market having latest technology. The equipment for blending should enable blending of two or more materials uniformly so that the blended material satisfies the specification. . Quality Control on Blanket Material at production site:

2.29.9.1

The source of blanket material, detailed in earlier para, needs to be identified based on tests & studies conducted and conformity of the material to the Specification as laid down .

2.29.9.2

It is desirable to have a check on quality of material at source/manufacturing point so that major deviation in quality of the material being sent to site does not exist. It would be in the interest of the supplier to have such tests conducted on his own to avoid any complication at a later stage.

2.29.9.3

The frequency of such test could be laid down by the engineer in-charge, if need be. In the absence of any other instructions, at least one test may be performed per day to check the particle size gradation at the point of loading into the trucks. However, the final acceptance of the blanket material should be at the site where it is laid.

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138 2.29.9.4

The supplier/ Engineer in-charge may also lay down proforma for 'Incoming Material Register ' to be maintained at manufacturing point for having a control on utilization of different grades of material, especially where blending is done using crushed as well as local material.

2.29.10

Frequency of Tests at Site: Minimum one test per 500 cum or part thereof.

2.29.11

Method of Test: Blanket material should be tested as per IS: 2720 (Part 4) to plot particle size distribution curve, so as to assess its suitability. It would be necessary to carry out wet analysis to assess actual percentage of fines. To expedite testing work, dry sieve analysis may be carried out if variation between results of dry and wet analysis are not significant and adequate margin exists with respect to acceptance criteria. However, in such cases also, wet analysis has to be carried out at frequent interval to verify the extent of variation. In any situation, acceptance of blanket material would be based on wet analysis only. The sample for wet analysis should be prepared as per para 4.3 of IS: 2720 (Part 4).

2.29.12

Acceptance Criteria: The material should generally conform to specification as given at para 4.

2.29.13

Transportation: The blanket material should be transported wet after mixing water in order to achieve OMC, in tippers for direct unloading on formation.

2.29.14 Laying and spreading and Compaction: 2.29.14.1 The blanket material must be spread with a tractor mounted grader or a paver-finisher in layers of uniform thickness, before allowing compaction. 2.29.14.2 Compaction to specified levels of RD or percentage of MDD will be carried out through a number of passes of vibratory rollers of 100-120 kN static weight or equivalent capacity. A combination of vibrating rolling initially and static finishing rolling may be established through trials. Speed of roller shall not exceed 5 km/hr. 2.29.14.3 Proper control of moisture is required to optimize the compaction effort. Optimum moisture content may be established through Modified Proctor Apparatus (IS:2720, part 8) and moisture may be added by sprinkling at the plant or at site as per the requirement. 2.29.14.4 Rolling is to be carried out in layers of not more than 300 mm each, following the same camber profile as provided in the subgrade layer and to be maintained upto the top layer. 2.29.14.5 No provision for uncompacted portion may be made on the edges of embankment. The sides may be hand rammed with a suitable rammer. Note: The engineer should generally expect to get minimum MDD 2.0 t /cum. 2.29.15

Quality Control Checks on Finished blanket work:

2.29.15.1 Degree of compaction of each layer of compacted blanket should be ascertained by measurement of dry density/Relative Density of soil at locations selected in specified pattern. The method of sampling, frequency of tests, method of tests to be conducted and acceptance criteria to be adopted are as under.

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139 2.29.16

Method of Sampling:

2.29.16.1

The sampling adopted has to be such that effectiveness of proper compaction having been done for the entire area under consideration can be judged. For this, the Engineer in-charge should lay down the method adopted in detail depending on site conditions and accordingly records of checks done are properly maintained. However, in absence of such procedure laid down, following method should be adopted:

2.29.16.2

Suggested method of sampling: For each layer, a minimum of one sample at a predetermined interval (in compliance with the requirement stated in next para) along the centerline of the alignment would be taken. The checking points may be staggered to the extent possible.

2.29.16.3

Frequency of Tests: Density check would be done for every layer of blanket material as per following minimum frequency : At least one density check for every 200 sq.m of blanket layer. (say, every 18 to 30 m for single line, or doubling work and every 12 to 16 m for a double line construction.)

2.29.17

Method of in-situ dry density measurements: Any of the following methods could be adopted as per the requirements at site. Method of measurement i) Sand Replacement Method

Procedure of test As per IS2720 (Part 28) 1974

ii) Core Cutter Method

As per IS2720 (Part 29) 1975

iii) Nuclear Moisture Density Gauge

As issued by RDSO

iv) Compactor meters fitted on roller ( On roller continuous compaction control)

As issued by RDSO

Parameters to be measured a) Insitu Dry Density b) Moisture content

-do-

a) Bulk density b) Moisture content c) Dry density d) Degree of compaction As issued by RDSO

Remarks May be adopted for all type of material

In some of the coarse-grained soils (with little fines) taking core cutter samples is difficult. In such cases, sand replacement method may be used for density measurement. May be used in consultation with RDSO

May be used in consultation with RDSO.

2.29.18

Acceptance Criteria:

2.29.18.1

The blanket material, which contains fines passing 75 micron IS Sieve, upto 5 percent should have the Density Index (Relative Density) a minimum of 70% as obtained in accordance with IS: 2720 ( Part 14) – 1983.

2.29.18.2 For other materials, field dry density should not be less than maximum attainable dry density obtained in field compaction trial. However, in field compaction trial, the maximum attainable dry density should not be less than 98% of MDD values as obtained by Heavy Compaction Test (IS: 2720 (part 8) – 1983) in the laboratory. In case, there are difficulties in achieving 98% of the MDD values as

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140 obtained by Laboratory test, in the field trials, the same may be relaxed upto 95% of MDD with the specific approval of Chief Engineer/construction, recording reasons of such relaxation. 2.29.19

Measurement:

2.29.19.1 Measurement of blanket material should be done on the basis of finished cross section after the material and workmanship have been accepted as per the above criteria. No deduction is to be made towards voids. 2.29.19.2 In very rare cases, where it is not possible to take blanket material on finished subgrade, measurement may be done on the basis of stack measurement with the permission of Chief Engineer in-charge. It may be necessary to frame different schedule items for different methods of measurement. There should be no occasion to change the method of measurement unless specifically provided for in the tender documents duly approved by competent authority. 2.29.19.3 It is advisable to tally the quantity and quality measured at site with the ' Incoming Materials Register' maintained at plant as a means of double check. 2.29.20

Side slopes:

2.29.20.1 Embankment:Side slopes of blanket layer are to be finished to the same slope as designed for the subgrade (formation layer below the blanket), which may be 2H:1V (minimum) in most cases. However slope stability analysis and other suitable investigation should be carried out in case of high fill (more than 6m) construction or on swampy ground or marshy lands 2.29.20.2 Cuttings: Where blanket is provided in cuttings replacing the parent material, depth of cutting and side drains is to be so adjusted that the filled material forms an embankment with side slopes of 2:1. Pitching of blanket slope may be planned upto 1.0 m height to check erosion due to flowing water. In very deep cuttings, where it is not possible to increase the width of cutting due to the costs involved, it may be cheaper to entrench the blanket material. In such cases, proper drainage is to be planned below the sub-grade level to drain out water from the bottom of blanket layer.

Note: In sketch –A the width of formation is given as 6.85m. However higher width may be adopted.

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141 2.30

For the purpose of determining the suitability of the soil, the blanketing material & the measures to be adopted for the field quality control, the contractor shall extract adequate number of samples of the soil/blanketing material from the nominated borrow areas and cuttings as directed by the Engineer from time to time. The samples shall be extracted in manner specified in the relevant Indian Standard Specifications (ISS) or the Indian Standard Code of practice (ISC).

2.31

The soil/blanketing material samples mentioned herein above shall be tested as prescribed in the relevant IS Code or IRS to determine. a) The suitability of the soil and the blanketing material for the work. b) The natural dry density of soil in the top 300 mm of the formation in the cuttings. c) For the soil to be used in the embankments and as obtained in the top surface of the cuttings finished to final level, the Maximum Dry Density (MDD) & the Optimum Moisture Content OMC) shall be obtained from Heavy Compaction in accordance with IS-2720 (Part VIII) d) For the blanketing material, the MDD & OMC as obtained from Heavy Compaction in accordance with IS-2720 (Part VIII). e) Suitable type of Rolling/Compaction equipment. f) The measures to be adopted for Field quality control of compaction. g) Any other parameter of the material characteristics as considered necessary by the Engineer for the proper execution of the work.

2.32

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.

2.33

The expenditure on extraction and testing of soil/blanketing material samples (when done through an outside agency, other than Railway, 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.

2.34

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.

2.35

For earthwork in embankments, after site clearance all pockets and depressions left in the soil, if any shall be made good and compacted.

2.36

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.

2.37

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.

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142 2.38

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. 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.

2.39

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.

2.40

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 98% of the MDD as determined using heavy compaction in accordance with I.S. 2720 (Part VIII) 1983, the actual percentage of the MDD to be obtained within the above range shall be determined by the Engineer based on the field trials carried out in the manner specified herein above.

Guidelines for Design/ construction of formation on Indian Railway track Railway Board Letter no.RS/G/108/Heavy Axle Load dated 19.10.2015 1.0

2.0 2.1

2.2

The formation is the platform upon which the track structure is constructed. Its main function is to provide a stable foundation for the sub ballast and ballast layers. As the influence of the traffic induced stresses extends considerably beyond the depth of the ballast. the subgrade is a very important substructure component having significant influence on track performance and maintenance. Replacement/rehabilitation of track formation in service has serious repercussion on traffic and is very costly. Therefore it is necessary that adequately strong formation is built in new constructions to avoid need for rehabilitation in future for the foreseeable/planned traffic needs. proper formation design and quality control curing construction is key for providing stable formation for anticipated traffic needs. Soil Exploration for formation design: As formation design will primarily depend upon the type of soil being used in construction. it is essential the soil exploration is done properly for soil classification and assessment of bearing capacity as laid down in RDSO Guidelines GE:G-1 para 3.0. The results of soil exploration shall be reviewed and finally approved at the level of CAO/Con as this will be the basis of further design. The soil classification shall be done as per IS: 1498. To formulate the thicknesses of formation layers. Various soil groups have been combined together to simplify the classification based on % age fines. in Table -1 below: Table - 1 Description of soil quality class

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143 Soil Group A

Soil Sub Group -

Description w.r.t. %age Fines (size = fck + 4 N/mm2). b) The strength from any individual test result does not fall below the characteristic strength (fck) minus 4 N/mm2.

4.14

Whenever a mix is redesigned due to a change in the quality of aggregate or cement or for any other reason, it shall be considered a new mix and initially subject to the acceptability criteria above.

4.15

If the concrete produced at site does not satisfy the above strength requirements, the Engineer will reserve the right to require the contractor to improve the methods of batching, the quality of the ingredients and redesign the mix with increased cement content, if necessary. The contractor shall not be entitled to claim any extra cost for the extra cement used for the modifications stipulated by the Engineer for fulfilling the strength requirements specified.

4.16

It is the complete responsibility of the contractor to design the concrete mixes by approved standard methods and to produce the reinforced concrete conforming to the specification and the strength requirements approved by the Engineer.

4.17

As frequently as the Engineer may require, testing shall be carried out in the field for: 1. Moisture content and absorption and density of sand and aggregate. 2. Silt content of sand. 3. Grading of sand and aggregates. 4. Slump test of concrete. 5. Concrete cube test 6. Permeability test for concrete 7. Density & PH value of plasticizer

4.18

Before concreting commences on any section of the works the contractor shall obtain approval of the Engineer or his representative as regards the formworks and reinforcements conforming to the drawings. He shall also indicate to the Engineer in writing and obtain his approval for positions of construction joints.

4.19

Cracks: If cracks develop in concrete construction, which in the opinion of the Engineer may be detrimental to the strength of the construction, the contractor shall dismantle the construction, carry away the debris, replace the construction and carry out all consequential work thereto. If any cracks develop in the concrete construction, which in the opinion of the Engineer, are not detrimental to the stability of the construction, the Contractor at his own expense shall grout the cracks with polymer cement grout of approved quality and also at his own expense and risk shall make good to the satisfaction of the Engineer. The Engineer‟s decision as to the extent of the liability of the Contractor in the above matter shall be final and binding.

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157 4.20

Finishing of concrete : Should any concrete be found honeycombed or in any way defective which may be suspected to affect the performance of the structure, shall be rejected outright. However, some surface defects like minor honey combing etc. not affecting the structural properties shall on the instruction of the Engineer repaired as per the approved procedure. Immediately on removal of forms, the RCC work shall be examined by the Engineer , before any defects are made good. 1) The work that has sagged or contains honey combing to an extent detrimental to structural safety or architectural concept shall be rejected as given in Para 4.4.10.5 based on visual inspection test. 2) Surface defects of a minor nature may be accepted. On acceptance of such a work by the Engineer, the same shall be rectified as follows:i) Surface defects which require repair when forms are removed, usually consist of bulges due to movement of forms, ridges at form joints, honey-combed areas, damage resulting from the stripping of forms, and bolt holes. ii) Bulges and ridges are removed by careful chipping or tooling and the surface is then rubbed with a grinding stone. iii) Honey-combed and other defective areas must be chipped out, the edges being cut as straight as possible and perpendicularly to the surface, or preferably slightly undercut to provide a key at the edge of the patcha) Shallow patches are first treated with a coat of thin grout composed of one part of cement and one part of fine sand and then filled with mortar similar to that used in the concrete. The mortar is placed in layers not more than 10 mm thick and each layer is given a scratch finish to secure bond with the succeeding layer. The last layer is finished to match the surrounding concrete by floating, rubbing or tooling on formed surfaces buy pressing the form material against the patch while the mortar is still plastic. b) Large and deep patches require filling up with concrete held in place by forms. Such patches are reinforced and carefully dowelled to the hardened concrete. 3) Holes left by bolts are filled with mortar carefully packed into places is small amounts. The mortar is mixed as dry as possible, with just enough water so that it will be tightly compacted when forced into place. 4) Tiered holes extending right through the concrete may be filled with mortar with a pressure gun similar to the gun used for greasing motor cars. 5) Normally, Patches appear darker than the surrounding concrete, possibly owing to the presence on their surface of less cement laitance. Where uniform surface colour is important this defect shall be remedied by adding 10 to 20 percent of white Portland cement to the patching mortar, the exact quantity determined by trial. 6) The same amount of care to cure the material in the patches should be taken as with the whole structure. Curing must be started as soon as possible, after the patch is finished to prevent early drying. Damp hessian may be used but in some locations it may be difficult to hold it in place. A membrane curing compound in these cases will be most convenient.

4.21

Wherever IRS/BIS or other codes have been revised and their provisions are to be adopted superseding above provisions, the Engineer can decides so, the decision of Engineer in charge in this regard will be binding on the contractor. *****

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158 4.

FORMWORK

5.1

Description : Formwork shall include all temporary or permanent forms required for forming the concrete of the shape, dimensions and surface finish as shown on the drawing or as directed by the Engineer, together with all props, staging, centering, scaffolding and temporary construction required for their support.

5.2

Materials : Materials and components used for formwork shall be examined for damage or excessive deterioration before use and shall be used only if found suitable after necessary repairs. Forms shall be constructed with metal. The metal used for forms shall be of such thickness that the forms remain true to shape. The use of approved internal steel ties or steel or plastic spacers shall be permitted. All shuttering plates, props, H frames, screw jacks and all necessary fittings required for formwork shall be of steel. Wooden planks and props shall not be allowed to be used for formwork and staging work.

5.3

Design of Formwork : The Contractor shall furnish the drawing of complete formwork (i.e. the forms as well as their supports) for approval of the Engineer before any erection is taken up. Notwithstanding any approval or review of drawing and design by the Engineer, the Contractor shall be entirely responsible for the adequacy and safety for formwork. The foundation of all supports shall be designed to suit the bearing capacity of soil to support the designed loads without settlement

5.4

The formwork shall be robust and strong and the joints shall be leak-proof. Tunnel formwork or monolithic formwork will be preferred for RCC boxes.

5.5

The number of joints in the formwork shall be kept to a minimum by using large size panels. The design shall provide for proper “soldiers” to facilitate alignment. All joints shall be leak proof and must be properly sealed. Use of PVC JOINT sealing tapes, foam rubber or PVC T-section is essential to prevent leakage of grout.

5.6

As far as practicable, clamps shall be used to hold the forms together.

5.7

Use of ties shall be restricted, as far as practicable. Wherever ties are used they shall be used with HDPE sheathing so that the ties can easily be removed. No parts prone to corrosion shall be left projecting or near the surface.

5.8

Unless otherwise specified, or directed, chamfers or fillets of sizes 25 mm x 25 mm shall be provided at all angles of the formwork to avoid sharp corners. The chamfers, bevelled edges and moulding shall be made in the formwork itself. Opening for fixtures and other fittings shall be provided in the shuttering as directed by the Engineer.

5.9

Shuttering for walls, sloping members and thin sections of considerable height shall be provided with temporary opening to permit inspection and cleaning out before placing of concrete.

5.10

The formwork shall be so made as to produce a finished concrete true to shape, line and levels and dimensions as shown on the drawings, subject to the tolerances specified in respective sections of these specifications, or as directed by the Engineer.

5.11

Where metal forms are used, all bolts and rivets shall be countersunk and well ground to provide a smooth, plane surface.

5.12

Forms shall be made sufficiently rigid by the use of ties and bracings to prevent any displacement or sagging between supports. They shall be strong enough to withstand all pressure, ramming and vibration during and after placing the concrete. Screw jacks or hard wood wedges, where required, shall be provided to make up any settlement in the formwork either before or during the placing of concrete.

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159

5.13

The formwork shall be coated with an approved release agent that will effectively prevent sticking and will not stain the concrete surface.

5.14

The formwork shall be constructed with pre-camber to the soffit to allow for deflection of the formwork.

5.15

Formed Surface and Finish :- The formwork shall be lined with material approved by the Engineer so as to provide a smooth finish of uniform texture and appearance. This material shall leave no stain on the concrete and so fixed to its backing as not to impart any blemishes. It shall be of the same type and obtained from only one source throughout for the construction of any one structure. The contractor shall make good any imperfections in the resulting finish as required by the Engineer. Internal ties and embedded metal parts shall be carefully detailed and their use shall be subject to the approval of the Engineer.

5.16

Precautions Special measures in the design of formwork shall be taken to ensure that it does not hinder the shrinkage of concrete. The soffit of the formwork shall be so designed as to ensure that the formwork does not restrain the shortening and/or hogging of beams during pre-stressing. The forms may be removed at the earliest opportunity subject to the minimum time for removal of forms with props retained in position. B. Provision shall be made for safe access on, to and about the formwork at the levels as required. C. Close watch shall be maintained to check for settlement of formwork during concreting. Any settlement of formwork during concreting shall be promptly rectified A.

5.17

Preparation of Formwork before Concreting The inside surfaces of forms shall, except in the case of permanent form work or where otherwise agreed to by the Engineer be coated with a release agent supplied by approved manufacturer or of an approved material to prevent adhesion of concrete to the formwork. Before re-use of forms, the following actions shall be taken : i) The contact surfaces of the forms shall be cleaned carefully and dried before applying a release agent. ii) It should be ensured that the release agent is appropriate to the surface to be coated. The same type and make of release agent shall be used throughout on similar formwork materials and different types should not be mixed. iii) The form surfaces shall be evenly and thinly coated with release agent. The vertical surface shall be treated before horizontal surface and any excess wiped out. iv) The release agent shall not come in contact with reinforcement or the hardened concrete. All forms shall be thoroughly cleaned immediately before concreting. The Contractor shall give the Engineer due notice before placing any concrete in the forms to permit him to inspect and approve the formwork, but such inspection shall not relieve the contractor of his responsibility for safety of formwork, men, machinery, materials and finish or tolerances of concrete.

5.18

Removal of Formwork 1) The scheme for removal of form work (i.e. de-shuttering and de-centering) shall be planned in advance and furnished to the Engineer for scrutiny and approval. The form work shall be so removed as not to cause any damage to concrete. Centering shall be gradually and uniformly lowered in such a manner as to permit the concrete to take stresses due to its own weight uniformly and gradually and any shock or vibration to structure is avoided.

Tenderer/s

For Chief Engineer(C) Central

160 2) Where not specifically approved, the time of removal of form work (when ordinary Portland Cement is used without any admixtures at an ambient temperatures exceeding 10 degrees Celsius) shall be as under: a)

Walls, piers, abutments, columns and vertical 12 to 48 hours as may be faces of structural members decided by the Engineer b) Soffits of Slabs (with props left under) 3 days c) Props (left under slabs) 14 days d) Soffit of Girders (with props left under) 7 days e) Props (left under girders) 21 days 3) Where there are re-entrant angles in the concrete sections, the form work should be removed at these sections as soon as possible after the concrete has set, in order to avoid cracking due to shrinkage of concrete. 4) When form work is dismantled, its individual components shall be examined for damage and damaged pieces shall be removed for rectification. Such examination and rectification shall always be carried out before being used again. Before re-use all components shall be cleaned of deposits of soil, concrete or other unwanted materials. Threaded parts shall be oiled after cleaning. All bent steel props shall be straightened before re-use. The maximum deviation from straightness is 1/600 of the length. The maximum permissible axial loads in used props shall ne suitably reduced depending upon their condition. The condition of the timber components, plywood and steel shuttering plates shall be examined closely for distortion and defects before re-use 5.19

Measurements for Payment: The rate for concrete in Plain Concrete or Reinforced Concrete does not include cement, formwork & temporary work & they shall be paid in respectively in appropriate item.. *****

Tenderer/s

For Chief Engineer(C) Central

161 5.

REINFORCEMENT

6.1.

Steel: Steel used in the works shall be Thermo Mechanically Treated high yield strength bars of Grade FE-415/FE 415 D/ FE-500 D / FE 550 D conforming to IS: 1786-1985 (latest revision) manufactured by primary manufacturers i.e. SAIL, TISCO, and Rastriya Ispat Nigam Limited, JINDAL, ESSAR, any other approved manufacturers as per Railway Board letter No.2007/CE – I/CT/8 dated 1st May 2012.

6.2.

Inspection & Testing Every bar shall be inspected before assembling on the works and any defective, brittle, excessively rusted or burnt bars shall be removed. Cracked ends of bars shall be cut out. Physical and Chemical tests. (IS – 2062, IS – 432) Test Frequency:(i) Upto 10 mm. dia. : one sample for 25 MT or part thereof for each dia. of bar. (ii) Above 10 mm. dia. : one sample for 40MT or part thereof for each dia. of bar.

6.3

Physical requirement & testing

6.3.1

Test Frequency:(i) Upto 10 mm. dia. (ii) Above 10 mm. dia.

: one sample for 25 MT or part thereof for each dia. of bar. : one sample for 40MT or part thereof for each dia. of bar.

6.3.2

Physical tests: Following lab tests shall be carried out. (i) Tensile test. This shall be done as per IS:1608. (ii) Bend Test : This shall be done as per IS:1599. (iii) Rebend Test : This shall be done as per IS : 1786. (iv) Elongation percent minimum. (v) 0.2% percent proof stress / yield stress.

6.3.3

Chemical Tests: The manufacturer‟s test certificate shall be produced during procuring of material. If required same shall be tested in laboratory. The cost of such testing shall be borne by the contractor.

6.3.4

Stacking and storage : Steel for reinforcement shall be stores in such a way as to prevent distortion and corrosion. Care shall be taken to protect the reinforcement from exposure to saline atmosphere during storage, fabrication and use. It may be achieved by treating the surface of reinforcement with cement wash or by other suitable methods. Bars of different classifications, sizes and lengths shall be stored separately to facilitate issue in such sizes and lengths to cause minimum wastage in cutting from standard lengths. In case of long storage reinforcement bars shall be stacked above ground level by at least 150 mm upon platforms, skids, or other suitable supports to avoid distortion of sections. A coat of cement wash shall be given for such long storage to prevent scaling and rusting.

6.4

Lapping & Welding: i) Reinforcement includes authorized spacer bars and overlpas. Wastage and unauthorized overlaps shall not be paid for. The rate of reinforcement shall include cost of labour and materials required for all operation including cleaning of bars, straightening, cutting, hooking, bending, binding placing in position etc as required or directed including tack welding on crossing of bars in lieu of binding with wires as well as welding of wires in lieu of overlaps.

Tenderer/s

For Chief Engineer(C) Central

162 ii) Welding of Bars: i) Wherever facility for electric welding is available, welding of bars shall be done in lieu of overlap. The location and type of welding shall be got approved by the Engineer. Welding shall be as per IS: 2751 and IS: 9417. 6.5

Spacing, Assembly & Supporting:

6.5.1

General Requirements: Steel conforming to para 4.1.2 for reinforcement shall be clear and free from loose mill scales, dust, loose rust, coats of paints, oil or other coatings, which may destroy or reduce bond. It shall be stored in such a way as to avoid distortion and to prevent deterioration and corrosion. Prior to assembly of reinforcement on no account and oily substance shall be used for removing the rust.

6.5.2

Assembly of reinforcement : Bars shall be bent correctly and accurately to the size and shape as shown in the detailed drawing or as directed by Engineer. Preferably bars of full length shall be used. Necessary cutting straightening is also including in the rates and no extra payment will be paid for the same. Over lapping of bars, where necessary, shall be done as directed by the Engineer. The overlapping bars shall not touch each other and these shall be kept apart with concrete between them by 25 mm or 1 ¼ times the maximum size of the coarse aggregate whichever is greater. But where this is not possible, the overlapping bars shall be bound together at intervals not exceeding twice the dia of such bars with two strands annealed steel wire of 0.90 mm to 1.6 mm twisted tight. The overlaps / splices shall be staggered as per directions of the Engineer. But in no case the over lapping shall be provided in more than 50% of cross sectional area at one section.

6.5.3

Supporting: The contractor shall provide approved types of supports as specified on the drawings for maintaining the top bars of the slab in position during concreting. All cover blocks shall be of concrete (not sand cement mortar) and of the same strength as that of the surrounding concrete and properly compacted and vibrated on a vibrating table. They shall be cured for a minimum period of 21 days before they are used the work. PVC or similar material cover block can be permitted with specific approval of engineer in charge.

6.5.4

Cleaning: Bars must be cleaned before concreting commences of all scale, rust or partially set concrete which may have been deposited there during placing of previous lift of concrete.

6.5.4

Measurement for Payment Reinforcement including authorized spacer bars and laps shall be measured in length of different diameters, as actually (nor more than as specified in the drawings) used in the work nearest to a centimeter and their weight calculated on the basis of standard weight table. Wastage and unauthorized overlaps shall not be paid for. Annealed steel wire required for binding or tack welding shall not be measured, its cost being included in the rate of reinforcement. Wherever tack welding is used in lieu of binding, such welds shall not be measured. Chairs, separators etc. shall be provided as directed by the Engineer and measured separately and paid for. *****

Tenderer/s

For Chief Engineer(C) Central

163 6. MISCELLANEOUS ITEMS 7.1.

Coal Tar epoxy

7.1.1.

General :- All RCC substructure in contact with earth shall be given approved 2 coats of coal tar epoxy compound painting. The work shall include preparation of surfaces, application of protective covering and drying of the paint coatings.

7.1.2.

Surface Preparation :dust etc..

7.1.3

Quality of Paint :- The paints which have been tested for the following qualities as per specifications given in the relevant IS codes should only be used.  Weight test (weight per 10 liters of paint thoroughly mixed)  Drying time  Flexibility and Adhesion  Consistency  Dry thickness and rate of consumption

7.1.4

Type of Paint :- Primer coat shall consist of 1 coats of epoxy zinc phosphate primer of approved make approx. 60 micron thick. Finishing coat shall consist of 2 coats of coal tar epoxy Hi Build paint of approved make. Total thickness of paint including primer shall not be less than 250 micron.

7.1.5

Method of Application :- Paint shall be applied either by brush, roller or spray. All painting will be done in accordance with IS: 1477 (Part-1). The primer, intermediate and finishing coats shall all be applied so as to provide smooth coatings of uniform thickness. Wrinkled or blistered coatings or coatings with pinholes, sags, lumps or other blemishes shall not be accepted.

7.1.6

Tests :- The materials shall be tested in accordance with relevant IS Specifications and necessary test certificates shall be furnished.

Surface to be painted shall be cleaned with wire brush & water to remove earth,

Sr. No

Properties

Acceptability criteria Value

Frequency of test

1 2 3 4 5 6

Weight test Drying time Flexibility and adhesion Consistency Dry thickness. Rate of consumption

Manufacturer‟s specification

Each batch shall be Compared with Manufacturers Test Certificate.

7.1.7

Measurement for Payment :- Protective coating of coal tar epoxy shall be measured in square meters of surface area painted.

7.2

Pitching

7.2.1

Description :- This work shall consist of covering the slopes of embankment or banks of creek with stone/boulders, over a layer of granular material called filter.

Tenderer/s

For Chief Engineer(C) Central

164 7.2.2

Pitching :- The pitching shall be provided as per Central Railway specification 2002, & as indicated in the drawings. The stone shall be sound, hard, durable & fairly regular in shape. Quarry stone should be used. Round boulders shall not be allowed. The stones subject to marked deterioration by water or weather shall not be accepted. No stone, weighing less than 30 kg shall, be used. The sizes of spalls shall be a minimum of 25 mm and shall be suitable to fill the voids in the pitching.

7.2.3

Filter media :- The material for the filter shall consist of sand, gravel, stone or coarse sand. To prevent escape of the earth through the voids of the stone pitching as well as to allow free movement of water without creating any uplift head on the pitching, one or more layers of graded materials, commonly known as a filter medium, shall be provided underneath the pitching. The gradation of the filter material shall satisfy the following requirements : Provision of a suitably designed filter is necessary under the slope pitching to prevent the escape of underlying earth material through the voids of stone pitching when subjected to the attack of flowing water and wave action, etc. In order to achieve this requirement, the filter may be provided in one or more layers satisfying the following criteria :

D15(Filter) 5 D85(Base)

&

4
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